Monday, January 13, 2014

John Robinson: Killing rewards rubber stamped


A truly bizarre Treaty settlement Bill which is moving inexorably through parliament provides Wellington region tribe Ngati Toa with a wide range of special powers, holding reserves in fee simple, granting of governance arrangements with 11 councils giving special involvement with planning and control of large swathes of the coast.

One “redress instrument” is the right to apply a nga paihau or an overlay classification that “acknowledges the traditional, cultural, spiritual and historical association of an iwi with certain sites of significance”, and thus to set out limitations for access and use by others.

Compensation includes $10-million for loss of a non-existent marine empire, and much property. Even the arrest of Te Rauparaha is considered a wrong, with an apology from the Crown.

Yet this redoubtable warrior and killer was supporting armed revolt by inviting Wanganui warriors to join an uprising and calling his followers to “sweep them (the people of Wellington and the Hutt) from the land”. He had just taken part in a fight at Wairau where 11 helpless captives were slain. That site is now handed to the descendents of the killers despite opposition from descendents of those killed.

All those claims are based on “a powerful position” asserted in a period of genocide as war parties attacked other tribes across the region. One account by Te Rauparaha’s son refers to about 1600 killed in battles, many pas captured and 3500 women and children slain. The winners then “cut up the bodies of the slain and carried them to their pa to be cooked, as was the Maori custom.” “What a wonderful war party!”

This settlement is in direct contradiction with the Treaty of Waitangi, which held the promise of equality as British subjects, now New Zealand citizens. The Treaty of Waitangi put an end to those war parties.

The immediate consequences were breathtaking. Across the country slaves became free and returned to their homes. Peace treaties broke the cycle of utu. Deserted lands were again settled and all gained the right to life, free from marauding war parties with an end to the genocide that had reduced the Maori population by one-third in the preceding 40 years. The country should celebrate rather than apologise for bringing peace.

Treaty settlements involve us all, and I have for years been opposed to the Ngati Toa settlement as it directly affects my neighbourhood. I met the Minister several times and wanted to play a part in ongoing discussions.

A first step was to get a copy of the historical account on which the claims were based. To my surprise I found that this did not exist in 2009, and had yet to be written in 2012.

I was told by the Minister: “Once the Crown and Ngati Toa sign a deed of settlement, a Bill will be introduced into Parliament in order to give effect to the settlement through legislation. Members of the public will have an opportunity to make submissions on the settlement bill when it enters the select committee phase of the parliamentary process. You may wish to make a submission at that time.” Thus a generous settlement was decided upon before any grounds for complaint were set down, and the public can see what is going on and comment only after the settlement is signed.

I made that submission, and spoke before the select committee on September 4 2013, even though it was a waste of time, as the Minster had said clearly that bills such as this “stem from legal agreements which are already entered into”.

The pointless farce of public participation became evident when I learned that the Deed of Settlement, which gives effect to the payments and hand-over of lands without the formal Bill in Parliament, had been given the go-ahead by Cabinet and signed by both parties the previous year, in December 2012.

Indeed the Wellington City Council gave Taputeranga, the island in Island Bay, to Ngati Toa a week before I had that first opportunity to speak in opposition.

Other submitters complained similarly that they were kept in ignorance and were addressing a done deal since “throughout those processes the Crown did not table any historical evidence to support their awarding interests in these properties to Ngati Toa.”

And “The predicament our community finds itself should never have arisen if consultation had been extended to our community during negotiations before the Settlement Agreement.”

And “We must criticise the authors of the Settlement for arriving at a conclusion in the first place that it is OK to allocate this major heritage location to one of the interested parties alone, without reference to those others involved.”

And “It is hard to test these matters ‘prior to the execution of a deed of settlement’ when the officers of the Office of Treaty Settlements were not forthcoming with regards to the sharing of information in a timely manner.”

The Select Committee report accepted the Bill with only a few tweaks, to be rubber-stamped by subservient parliamentarians who neither know of nor care for the shabby process.

The myth-making continues. Treaty Negotiations Minister Chris Finlayson – the person responsible for this impenetrable charade – wants his Office of Treaty Settlements to explain the process to the public. His track record tells us that we will only get a twisted narrative justifying his past actions.

The reality is shown by this settlement. Maori groups are invited to seek grievance and given considerable assistance to develop a complaint – I know this as I have been a consultant in the grievance industry.

They and a sympathetic Minister then decide a generous settlement from the public purse.

Once this is agreed upon in secret sessions a deceptive historical account is cobbled together, conveniently ignoring any awkward facts.

When the settlement is completed and signed, it becomes public, too late for any careful analysis.

While that signed accord holds the major elements of the settlement, the process is completed with a Bill before Parliament. Only then can any one else get a say.

In a final stage a subservient parliament passes the Bill to the accompaniment of theatricals and ‘celebration’ for a supposed wrong righted.

Councils across the land are then asked to break with the democratic principle of equal voting power and to give special inherited rights to such family groups.

John Robinson wrote “The corruption of New Zealand democracy, a Treaty overview”, “When two cultures meet, the New Zealand experience”, and “Twisting the Treaty, a tribal grab for wealth and power” (joint author), and articles on “The battles of Tapu te Ranga”, “Chance to create and island of peace” and “Spoils of war behind Ngati Toa settlement for Wellington coast”.

10 comments:

Cpt747 said...

John, I admire your total honest commitment, dedication to the exposure and explanation of the 'watershed Racist legislation of 'The Marine and Coastal Area Act. More than any other previous government, Key's National Party, with the continued activism of Treaty Negotiations, Minister Chris Finlayson,has underpinned the move to encourage a damaging pseudo-tribalism and racial handing over of coastal property and control rights to 'iwi' with no historical genuine claim to these...New Zealand is under total control of their Tyrannical arrogant actions.....the Key/Finlayson political oligarchy have destroyed our democratic country...History will Never forget...When are New Zealanders going to be informed of this Treason..? or do they just not care...??

Cpt747 said...

....a way forward is via "The 100 Days...Claiming Back New Zealand " by Amy Brooke...otherwise 'extreme racism' will forever divide this Land Of New Zealand...

Barry said...

I agree with you Cpt747 that Key and Finlayson have destroyed our democratic country. I have read The 100 Days and I think Amy is right about the future of NZ.

This latest dishonest gift (called a "settlement" by the liars involved in it)to some lying part-maoris is just another reason to send Key and Finlayson to jail for life for treason.

Barry said...

Key and Finlayson should be jailed for their treason.

Brian said...

It is quite obvious that Treaty Negotiations Minister Chris Finlayson considers any input from non-Maori on Treaty Issues as not relevant.

New Zealand should have carried on the British Tradition of "impeachment";as a method to control Politicians and their actions see below.
Impeachment
One of the powers possessed by the House of Commons in 1865 (though it had not been exercised since 1806) was the power to impeach. Impeachment was a prosecution by the House of Commons of a person (often a Minister who had fallen from favour) for “high crimes and misdemeanours”. The trial took place before the House of Lords.
There is nothing in the New Zealand Constitution Act 1852 (UK) to suggest that this power had ever devolved on to the House of Representatives. Nor did the acquisition of the House of Commons’ powers and privileges in 1865 alter this. The House of Commons’ power was to accuse a person of high crimes and misdemeanours before the upper House, the House of Lords. It was not a power to convict a person. The Legislative Council in New Zealand did not enjoy any powers or privileges equivalent to those of the House of Lords; in fact, its privileges were also equated to those of the House of Commons. [107] In these circumstances there was no legislative chamber in New Zealand empowered to conduct a trial on impeachment. The proceeding could have no application in New Zealand. The abolition of all common law crimes in 1893 [108] confirms the non-applicability of impeachment to New Zealand.
ends.

To favor one ethnic group over another is discrimination at the highest level, and therefore constitutes description as a "High Crime".

If we want to stop more tyrannical acts of this nature by Finlayson and others who will follow; then one way would be to call for an "Act of Impeachment" to be made part of our Parliamentary process.

Brian


Anonymous said...

I believe Chris Finlayson should be charged with a 'Conflict of Interest' as how can you be employed by Maori interests in their claims and then later 'rubber-stamp' them as a government official?
Those that condone his activities should be 'sorted out' too.

Cpt747 said...

...further on along this road...if we want to stop the 'ruling elites'from committing vile deeds, such as Key/Finlayson have destroying our democratic country. As we can now see... the 'ruling elite' does what it wants to do, no matter if New Zealanders agree or not..that is the state of play in New Zealand at this present time...Waitangi Tribunal rorts' are selling out New Zealanders....How can we stop the wrong-doings for good ?...and have a correct theory on which to base its answer : "The way to stop the wrong doings for good is to remove the people who commit them from power, and to create a society in which anybody who wishes to commit such wrong-doings, will not have the power to do so..! We are confronting the question of 'power misuse' by the ruling elite and the ones in the future....a political 'revolution' in the format of "The 100 Days...Claiming Back New Zealand " by Amy Brooke.. An Act of Impeachment needs to be URGENTLY part of our Parliamentary process to prosecute the "High Crimes" committed and are being committed by the Key/Finlayson...remove these wrong -doers from power...even it requires a Revolution....

Dave said...

Sad thing is 99% of NZers are just to ignorant to care until one day the reality of what is being done now will manifest in racist action that excludes anyone not of a little bit of Maori blood. You have got to hand it to the Government, our education system and the Lawyers acting for Maori, Gobbles would have been proud of the way this huge treaty lie and propaganda has reaped big rewards for a few elite and corrupt racist citizens. NZ is the becoming the new 60s era South Africa but the rest of the world is silent, why? because if you are any other colour bar white its ok.

Peter said...

Excellent article and comments! For an issue such as this one to become part of the public debate it needs to be broadcast and highlighted by the media as worthy of attention. This is simply not happening. Editors and journalists must have their reasons not to target the one-man crusade called Chris Finlayson. I wonder what they are?

Andy Oakley said...

The basis of this anti-democratic behaviour is the political football created by the Labour Party’s clever plan to marginalise (create) a new “race” of people and promise, via the Waitangi Tribunal, money directed squarely at the pockets of these suckers. The creation of the WT proved a success for the Labour Party’s ambitions to become the government. Unbeknownst to the participants, in what was to become a very painful dagger plunged directly into the heart of our society, it would become political suicide to lose the ever growing percentage of race based votes they had created.

This football is kicked at the early stages of every election and it is kicked all the more harder in an MMP election. I can see Key and Cunliffe placing the kicking tees as a write.

However, the suckers willingness to participate in this robbery has resulted in an ever growing representation in all of the tragic statistics that are a measure of our society.
The work of John Robinson and many others, whether realised or not, is the work of a charity organisation desperately trying help the non-existent race created by people who did not have the foresight of their actions or the compassion to care.