Mary-Louise Kearney: Democracy - The Real Reset

An open letter to the leaders of  National, ACT and NZ First

Dear Gentlemen,

Hopefully you will read this message.  Whatever the Election outcome,  voters trust you will find ways to collaborate  effectively. Your common goal is to pull New Zealand back from the abyss after Labour’s gross mismanagement and outright deceit which leaves a legacy of shame.

Your  respective  policies all emphasize that  New Zealand faces unprecedented challenges to return to its  “first world country” status. This involves massive hurdles  and success is far from certain. The country is all but broken  with complex issues in all directions.

Notwithstanding this  crisis ,  New Zealand’s once dynamic  economy will recover under  your competent management to   justify  citizens’ expectations that their hard work will bring material rewards for their families and that the nation will   regain its reputation as an innovative   and competitive force on the global stage.

But, as you will agree, if the focus  of any new government  is  economic alone , there is a risk that,  to quote  Oscar Wilde,  it will  know “the price of everything and the value of nothing”. Every economy – global, national or local – is situated in a social context which must   develop and  thrive. The well being and unity  of  New Zealand’s society  must be  restored  after the  brutal assault  inflicted  since  2017  and   especially since 2020.   Democracy, the very foundation of our society,  has been heavily  attacked.   Now,  a major reset is urgently needed.

Each of you wants  my support. So, it might be useful for you to know my specific concerns as a voter.  These are summarized below.

1.UNDRIP (The UN Declaration on the Rights of Indigenous People)

New Zealand should withdraw  immediately from this instrument for international co-operation. This is legally possible and   rejoining this arrangement  later  remains an option

This  document is aspirational and not legally binding.  Article 46.1  of UNDRIP  specifically states that:

Nothing in this Declaration may be interpreted as implying for any State, people, group or person any right to engage in any activity or to perform any act contrary to the Charter of the United Nations or construed as authorizing or encouraging any action which would dismember or impair, totally or in part, the territorial integrity or political unity of sovereign and independent States.

Despite its clear legal status, this document  has been misused  by  specific politicians for purposes  which  should obtain  prior consultation with New Zealand citizens - namely, to approve or reject   a new constitutional arrangement  for the nation.

Withdrawal from UNDRIP  resets the issue.

2. Cancellation of the Draft UNDRIP Action Plan and the  2019 He Puapua Report

A national Action Plan to implement UNDRIP’s ideas is  entirely the decision of a  sovereign state –   in  NZ’s case,  the Labour government took this decision.  An Action Plan is  not - in any way - an obligation imposed by the UN. To claim this  is totally false .

The 2019 He Puapua Report,  described as  aspirational,   has been used  to help shape Minister Jackson’s  Draft UNDRIP Action Plan.  It is now clear that the He Puapua Report was commissioned  as a blue print for New Zealand’s transition to a system of  co-governance -  and, thereafter, to a state where a specific minority, due to the veto power accorded to it,  would hold final political authority. New Zealand would  no longer be a democracy – which is the exact  intention as many politicians have noted.

Such a major change cannot be executed by any government alone. This would be overreach of power.    Only the citizens can take this decision.

Cancellation would reset this issue.

3. Blanket repeal of all Labour legislation involving co-governance

Since 2020, considerable legislation has  passed  (e.g. 3/10 Waters, the Maori Health Authority,  the RMA acts, elements of  Local Government arrangements and, just a few days ago,  Bills for co-governed  marine reserves in the South Island  (gazetted only as Parliament has already  risen). Veto power - aka prior consent, final review, permanent monitoring,  te mana o te wai clauses -  is embedded in these laws.

All such legislation  - not just the major laws -  should be repealed as they contain  radically new governance arrangements which have not been approval by citizens.

Blanket repeal resets this issue.

4. Referendum on these issues

This is the proper legal step  to obtain citizen approval  for   the profound changes proposed to New Zealand’s democracy.   Like Australia’s The Voice  initiative, Labour should have  started  its plan to transform – and destroy -  New Zealand’s  democracy with this step.  As Labour’s  deliberate strategy of stealth prevented this,   citizens are confused and even ignorant about the  changes involved.

Though a 3-year debate leading to a referendum is long, this process is vital to obtain the wishes of  all citizens  - certainly  not  to defer to those  of a minority.

A referendum will reset this issue.

5. Termination of the Waitangi Tribunal

Since 1975, the mandate of this  body has been to   act as a permanent commission to make recommendations on Mari claims relating to Crown activities which allegedly  breach Treaty of Waitangi provisions. The Tribunal has handled many claims and  overseen the negotiation of  numerous settlements.

However, review of the Tribunal which has morphed into some type of court, is  now overdue.  Unlimited funding (rather than full and final settlements) simply cannot be claimed in perpetuity from the New Zealand tax payers (as some politicians seem to think).   2025 marks 50 years of  the Tribunal.  A new government must take steps to terminate this body and thank it for its work. Any outstanding claims can be settled  on a case by case  basis.

Terminating  the Tribunal will  close a past era to reset the  future for claims.

6. Immediate dismantlement of the MSM

Thomas Jefferson said: “The press is impotent when it abandons itself to falsehood. ”

Labour  has facilitated a media system  typical of  a totalitarian state where free speech is forbidden and  indoctrination is the norm (influencing  areas such as the NZ History curriculum).  This undermines  New Zealand’s  previous  long and  admirable tradition  of a fair and balanced Fourth Estate.

If - as the incoming government - you  cannot depend on a high-quality and unbiased  MSM,  you  will be sunk from Day 1.

Therefore, the only  satisfactory solution  is to  dismantle the MSM and start again. New Zealanders   will manage perfectly  well until a proper democratic situation is put into place.

Dismantlement is the only effective  reset .

So,  my vote will depend  on  your loud and  unwavering  commitment to reset  these issues so as  to protect New Zealand’s democracy.

Best wishes for  the challenges ahead,
Mary-Louise Kearney

Dr Mary-Louise Kearney, a dual NZ and French citizen, was a UN civil servant in senior and director posts for 30 years. This is a personal comment.