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Sunday, November 6, 2022

Mike Butler: Three Waters constitutional racism


Now that we know that Three Waters is about power not water services, now is the time for the National Party to unite with ACT to block a constitutional change by stealth that would embed race-based governance.

A prompt reaction from iwi leaders on Wednesday to an alternative proposal for Three Waters from four mayors is evidence that the water services proposal is about power and not water quality.

The reaction came from Waikato-Tainui chair Tukoroirangi Morgan, who said "I don't know which world they belong to. This is 2022 Aotearoa New Zealand. This is about partnership."1

The counterproposal, by mayors Ben Gordon (Waimakariri), Wayne Brown (Auckland), Phil Mauger (Christchurch), and Helen Worboys (Manawatu), are that:

► stormwater assets remain in local council hands alongside transport and drainage,
► affordable finance would be provided to make sure of high standard investment into water infrastructure,
►local government entities would be encouraged to consolidate into regional water organisations, and
► Taumata Arowai would be retained as the new water regulator. 2

Public understanding what Three Waters entails has come a long way since the Water Services Bill was introduced in July 2020, along with a media campaign to convince us that sludge was coming out of our taps when it wasn’t.

That understanding comes from robust private analysis done outside New Zealand’s mainstream media that has reduced itself to parroting government propaganda.

The Waikato-Tainui chair is either ignorant or being less than candid when he said “this is about partnership”. Analysis done by the pseudonymous Thomas Cramner and the non-pseudonymous Graham Adams has revealed that the proposed Three Waters structure would operate under tribal control.

The entire structure would be controlled from top to bottom by the chair of the Maori Advisory Committee that guides the water regulator Taumata Arowai, currently Tipa Mahuta, who is the sister of the current Minister in charge of Three Waters, Nanaia Mahuta. 3.

After Morgan’s “mayors don’t want to share with Maori” reaction, all eyes turned to the government – Mahuta and Prime Minister Jacinda Ardern.

Mahuta said nothing but Ardern did, and appeared to dig in on co-governance when she told News Hub Nation on November 5 that it “wasn't the most significant issue people had with Three Waters”. 4.

ACT Leader David Seymour said Ardern’s comment “shows how out of touch she is with the electorate." 5.

The Ardern government has a reverse-Midas touch in that everything it handles turns to sludge. Here is broadly what has happened in the Three Waters saga.

1. First report by international infrastructure consultants Castalia commissioned by Local Government New Zealand concluded that the Government’s policy process on Three Waters appears flawed and is focusing on high-risk options that may not deliver benefits.

2. The Three Waters Reform Programme was launched in July 2020 as a scheme that councils had the choice to opt into. New Zealand was divided into four water entities that have no relation either to catchments or iwi groups.

3. Propaganda adverts appeared saying “Imagine Aotearoa without good water. What a stink place that would be. Trout would be grumpy”.

4. By July 2021, one in four councils were ready to opt out. The government offered a $44 million fund “to help councils transition to the new three waters system”. National and ACT called the fund a bribe. It would mean at least $350,000 per council.

5. A further report from Castalia commissioned by the Whangarei District Council dated September 23, 2021, outlined five big problems with Three Waters and concluded that water reform is needed but can be achieved without merging 67 water services currently owned by councils into four large pan-regional water utilities. 6.

6. The government made Three Waters mandatory for all councils on October 27, 2021. Wairarapa District Councillor Tina Nixon coined the quote of the century by calling the government “a deceitful, lying pack of bastards”. The quote was plastered on the front of the Wairarapa Times Age. 7.

7. Cranmer revealed, on October 10, 2022, that the proposed debt financing of Three Waters brings its own set of risks to the reforms which could turn out to be ruinous for the country’s finances. 8.

8. Four new mayors delivered a counterproposal on November 2, 2022.

Meanwhile, as Minister, Nanaia Mahuta has attained the distinction of having four members of her family miraculously get plum government jobs or contracts without conflicting any of her interests.

• The appointment of her sister Tipa Mahuta to chair the Maori Advisory Group that guides the water regulator Taumata Arowai. Tipa Mahuta would have total control of all levels of the Three Waters structure.
• The appointment of Waimirirangi Ormsby — her niece by marriage — to the He Puapua Working Group in 2019, when Mahuta was Minister of Maori Development / Te Puni Kokiri.
• The awarding of four contracts to Ka Awatea Services, owned by her husband, Gannin Ormsby.
• The awarding of contracts to Kawai Catalyst, owned by Gannin Ormsby’s nephew and his wife, Tamoko and Waimirirangi Ormsby. 9.

Mahuta’s appointment of Waimirirangi Ormsby to the He Puapua Working Group in 2019 when she was Minister of Maori Development breaches the Cabinet Manual, according to ACT leader David Seymour.

“Despite her protestations, Nanaia Mahuta is caught out in a clear breach of the Cabinet Manual, overseeing the appointment of her niece to a paid position for which she had ministerial responsibility,” Seymour said on July 17.

“This is a true breach, for which a minister in government deserves to be held accountable.”

But everyone kept their job. There were no reprimands. There was no sign of any requirement to follow the rules.

When four new mayors presented a counterproposal, and the beneficiaries of tribal control squealed, that looked like a good sign.

However, the four new mayors accept some form of co-governance, and apparently fail to understand the control that the chair of the Maori Advisory Group would have over the water regulator Taumata Arowai and Three Waters.

To be clear, the incorporation of co-governance into New Zealand polity is a constitutional change that departs from the Treaty of Waitangi agreement, which guarantees to all people of New Zealand the same rights and duties.

It is also a departure from New Zealand’s well-established political process that involves universal suffrage, regular and free elections, with a secret ballot.

Those pushing Three Waters co-governance try to argue that it is nothing new and point to initiatives by former Treaty Negotiations Minister Christopher Finlayson under the Key National government.

Unfortunately, Finlayson unilaterally starting adding co-governance of resources to treaty settlements.

The fact that a National Party Minister went on a rogue co-governance expedition should be no justification for a constitutional change by stealth that would extend racist governance to local government, health, or any other government department.

It would be better for the National Party to admit that Finlayson’s adventures were mistaken, support ACT’s call for a referendum on treaty principles, and to reorient the public service to focus on need not race.

The National Party has already said that it would reverse Three Waters.

Sources 1. Our voice must be heard. Newshub, November 2, 2022. https://www.msn.com/en-nz/news/national/our-voice-must-be-heard-tribal-leaders-slam-mayors-three-waters-replacement-plan/ar-AA13DNjy?ocid=winp0dash&pc=WSPWWU&cvid=179f44b6fdc44c30bb8fc263a5fc3870&fbclid=IwAR0JGzBjDdryYmmsP3vb983kfOhq4SBxG3bS3vNQ7qCXkH03NIQGM-Yz0C0
2. Two mayors seek support, Radio NZ, October 31, 2022 https://www.rnz.co.nz/news/national/477761/two-mayors-seek-support-for-alternate-three-waters-plan
3. Graham Adams, Sister Act, The Platform, June 10, 2022. https://theplatform.kiwi/opinions/sister-act-just-how-powerful-will-tipa-mahuta-be
4. Jacinda Ardern standing firm on Three Waters, Newshub, November 5, 2022. See Jacinda Ardern 'standing firm' on Three Waters, hints the reform could have some changes | Newshub 5. PM’s co-governance comments insulting, Voxy, November 5, 2022. 'PM’s co-governance comments insulting' - David Seymour | Voxy.co.nz
6. Five big problems with Three Waters, September 2, 2022. https://castalia-advisors.com/five-big-problems-with-three-waters/
7. Willis uses councillor’s rebuke, Newshub, October 28, 2021. https://www.newshub.co.nz/home/politics/2021/10/national-mp-nicola-willis-uses-councillor-s-rebuke-of-deceitful-lying-government-to-illustrate-three-waters-backlash.html
8. Three Waters and one mountain of debt, October 10, 2022. Three Waters and One Mountain of Debt - Cranmer’s Substack
9. Graham Adams, The smoking gun in the Mahuta saga, The Platform, September 27, 2022. https://theplatform.kiwi/opinions/the-smoking-gun-in-the-mahuta-saga?fbclid=IwAR2SUVYUyJCyx6x7lMxJhFLWP1d53V5IXpXvGIzHWgoS4LMKDSl-B9uezzE

4 comments:

Anonymous said...

Excellent article pointing out the truth behind 3 waters, that should be read and understood by all New Zealanders.
The Governor General should be sent a copy to seriously consider, and then think about her true function and act.

Richard Arlidge said...

Thank you Mike, for putting this together. You could have added that the Auditor-General also reported his concerns (some months ago), stating the reform “...could have an adverse effect on public accountability, transparency, and organisational performance.” Such couldn't be much worse, could it?

When David Seymour opined that it was "a Treaty settlement, not an infrastructure project" he was undoubtedly correct. Except that it is, in effect, a Treaty settlement that hasn't had to prove its case and it is, prima facie, without a sound foundation and justification. Even the left leaning Chris Trotter, has come out more recently and said that our own Prime Minister, in relation to what its rejection might otherwise cost households, is "... spinning them a yarn."

Of course there are other lies about the justification of this proposal and further its purported economic efficiency and sustainability that you've have mentioned, ultimately, the underlying, unstated purpose of the reform is to put into effect co-governance, which is all founded (reputedly) on the Treaty - or more correctly (given there is no specific mention of it in the Treaty per se), the so called "Treaty Principles." The mythical principles - that are at best only ever someone’s interpretation and opinion. However, the one "principle" that is more widely accepted and surely can't involve too much dispute is that the parties to the Treaty must “act in the utmost good faith.”

Here we have blatant falsehoods espoused by our Government to the people it represents; there has been no public mandate in support of the proposed reform; we have clear conflicts of interest between the Minister proposing this reform and her own sister who holds an oversight role; and, on the other side of the ledger, we have no-one that can say that they have an unequivocal mandate to represent the 500-odd Chiefs that signed the Treaty. Nor do we have anything to suggest that this transference of power, wealth and control of the 3 Waters assets to a small minority of the population (and Maoridom) is justified and appropriate and, nor (even if those descendants of those Chiefs can rightfully claim or even accept ‘in the utmost good faith’ what is proposed), that they will all be equally and fairly represented under this reform, which is patently not the case given objections by some Mana Whenua to the WSE Bill. Accordingly, on both sides of this reform the utmost good faith is absent.

This reform is undoubtedly an unmandated travesty to the vast majority of the New Zealand public and we should, accordingly, demand its immediate repeal.

Robert Arthur said...

Sadly, none of the likes of the above now ever appears in the regular newspapers or msm. The general publis is less informed than 90 years ago. It seems to me Three Waters is primarily to bring water services to low productivity rural maori communities, and to faclitate arrangements for the purchase from maoriof all water for all .

*** said...

Halt All Racial Tours (HART) - it is time to call a stop to all touring sporting teams from NZ, a country with the world's most racist legislation at its core.