Frank Newman: “Book burning” at the Hutt City Council

As many readers will be aware the NZCPR recently distributed some 600,000 copies of a booklet called The Treaty of Waitangi – An Explanation by Sir Apirana Ngata. These were distributed as an insert in 31 NZME and Stuff newspapers throughout the North Island. This followed distribution throughout the South Island in July last year. In total 1.1 million inserts have been distributed.

 The Treaty of Waitangi – An Explanation was written in 1922 and was considered of such importance that in 1963 the Ministry of Maori Affairs translated the work into English and distributed it to every Maori household in NZ. Given the current debate about the meaning of the treaty, and the high regard with which Sir Apirana Ngata was held and is still held (his portrait appears on our $50 banknote), the Explanation is a useful contribution to the debate.

 In early February we were tipped off that management at the Hutt City Council had ordered copies of the insert be removed from its premises, so I wrote to the Council’s Chief Executive Officer asking for clarification.

From: Frank Newman
Sent: Tuesday, February 13, 2024 10:34 AM
To: Jo Miller <email address redacted>
Subject: Attn: Jo Miller

The CEO

Hutt City Council

Dear Jo

We have been advised that on 1 February 2024, “management at Hutt City Council directed staff to remove the publication by Apirana Ngata about the Treaty that the NZCPR had arranged to have distributed with this week's Hutt News. The HCC deemed the publication racist and not in line with the organisation's values”. 

Did you or a member of your management team ask that the publication, “The Treaty of Waitangi – An Explanation” by Sir Apirana Ngata, be removed from Council premises? If so, why?

If such a directive was given, please advise if the Mayor or councillors was/were informed of that directive prior to it being issued?

For your information, the “Explanation” was recently distributed as an insert in 31 North Island media publications, including the Hutt News.

Many thanks

Frank Newman

 Here is the reply.

From: Jo Miller
Sent: Tuesday, February 27, 2024 1:29 PM
To: Frank Newman
Subject: Attn: Jo Miller 

Kia ora Frank,

Further to your email of the 13^{th of} February I can advise that, following concerns being raised, a limited number of inserts that you refer to were removed from the Hutt News which is available at our community hubs.

We generally do not support the dissemination of information of this nature in our official buildings. The insert produced by your organisation spread a very particular political viewpoint and without counterbalance, was viewed as spreading misinformation.

I stand by my staff regarding this operational matter.

Further to your last question I can confirm that neither the Mayor nor Councillors were appraised of this matter prior to the operational decision being made.

Ngā mihi,

Jo

Ngā mihi nui
Jo Miller

Tumu Whakarae
Chief Executive Officer 
Hutt City Council, 30 Laings Road, Hutt Central, Lower Hutt 5010, New Zealand

T: 04 570 6773  [mobile redacted] |  W: www.huttcity.govt.nz

The response is extraordinary. The Council CEO said the insert “spread a very particular political viewpoint and without counterbalance, was viewed as spreading misinformation.”

The insert was a word-for-word reproduction of Ngata’s work. The text the NZCPR contributed was a brief introduction so readers would understand what it is that they were reading. That included the comment that Ngata’s explanation was being reproduced for “educational purposes”.

Others clearly understood what Jo Miller didn’t. Journalist Graeme Adams said this in a column published on The Platform:

“By contributing nothing more than the briefest of introductions, she [Muriel Newman] has also removed herself from the debate, leaving only Ngata’s words in the spotlight.”

Jo Miller says Ngata’s explanation of the Treaty is misleading. An article by Carwyn Jones appearing in the left-wing Spinoff completely debunks her view. Jones says: “Apirana Ngata’s explanation can form a useful part of our discussion”.

He goes on to say, “We should be encouraging people to share information about Te Tiriti. Apirana Ngata’s explanation can form a useful part of our discussion about Te Tiriti, its meaning, and how we ought to give effect to it today.”

Jo Miller says we should have included a contrary view with the insert (although it is not clear what view she is referring to). Is she saying every news story, opinion piece, or advocacy advertisement requires counterbalance? That would be at odds with what the Advertising Standards Authority says in its “Guidance Note on Advocacy Advertising”:

“Advocacy advertising is often characterised by parties having differing views that are expressed in robust terms…Section 14 of the Bill of Rights Act 1990, in granting the right of freedom of expression, allows advertisers to impart information and opinions but that in exercising that right what was factual information and what was opinion, should be clearly distinguishable.”

Section 14 of the Bill of Rights says, “Everyone has the right to freedom of expression, including the freedom to seek, receive, and impart information and opinions of any kind in any form.”

A person of Jo Miller’s standing would or should be aware of S14 of the Bill of Rights. Does the Council’s most senior manager not care that legislation enshrines the NZCPR's right to “impart information” and the right of the public that she serves, to “receive” information?

And why was the directive given by council management to deny a fundamental right done without even talking to the council’s elected representatives?

It’s a sad situation when the CEO of a public institution decrees that a work of historic significance by arguably our most revered and respected Maori leader, should be withheld from the public.

This takes us back to the darkest days of history when authoritarian regimes censored or destroyed books to eliminate the opinions of those they did not agree with. 

Shame on the Hutt City Council.