Perce Harpham: Renewing New Zealand - Part 1

In this, Part 1, I will explore some of the issues which have determined our present situation. I will show some of the extent to which the power of the block of Maori seats in Parliament has threatened our democracy - bringing legal rights and tax exemptions for Maori at the cost of ratepayers and, heavily, taxpayers.The Treaty Principles Bill was a brave attempt to have the Waitangi Treaty simply mean what it says. Now that the Select Committee has slapped it down, do we simply accept all the fabrications that have been built around the Treaty or do we do something different?

The Coalition Government has been doing a good job of implementing the agreements between its three different parties and reversing many of the legal and administrative changes made by the preceding Labour Government. But even if all the latter changes are reversed we are then just back to where we were before the changes were made. And the fabrications will remain. We will be back to where we were before Labour had created and then maintained the supposed Maori vision for our future. This was laid out in the “He Puapua Report”. The latter was kept secret until it was leaked some 18 months after its completion. And in the meantime Labour was starting to implement it. But that report was the first major lie. To actually represent Maori views there would need to have been many Hui (meetings) around the country. But this was not possible to do in secret. The He Puapua report was developed by a few extremists - for example one objective was having Te Reo (Maori Language) as the first language of the country by 2040. Overall, the report was nothing less than establishing Maori as an “Upper Class” ruling New Zealand. And financed as such by Government revenue.

Why the Labour Government proceeded to implement this report as if Maori had just invaded this country will probably never be clearly known. I offer my speculations as just that - speculation. At a later date some of those involved may care to offer some facts which can be verified.

Great truths are often captured in quotations. An appropriate one in this case is “Power Corrupts and absolute power corrupts absolutely”.

In the 2020 election something happened which had been thought to be essentially impossible under the MMP system of voting. Labour won 65 seats in the 120 seat Parliament. It could govern alone with no need to form a coalition.

This was a great triumph for Labour's Leader - Jacinda Ardern. She had gained huge admiration in NZ and around the world for her reaction to the massacre of Muslims in Christchurch by a sole terrorist. She proclaimed that “They are us”. And this inclusivity was applauded everywhere.

How Jacinda came to then proceed apace to start legally separating Maori in NZ from the Pakeha (non-Maori) is a great mystery to me. I assume that she had so enjoyed having a Government with only one Party that she was desperate to continue to have this power and therefore to retain the Maori Seats. Even more astonishing is the fact that, apparently, none of the MPs attempted to stop the resulting capitulation to Maori wishes.

I had been a stalwart of the Labour Party for over 16 years. This included a period on the Policy Council. I had come to like, respect and even admire many of the leading figures but resigned at the beginning of 2023 when I began to see what was happening.

The Labour Party Constitution sets down that it is “for all People”. All the MPs had sworn Parliamentary Oaths which obliged them to uphold the power of the Monarchy. The Labour Constitution sets out clear procedures for the development of policies. These include the passing of remits by the general members. There are other procedures for the passing of laws, including consideration by Select Committees. Somehow most of these things were ignored. I believe that we should determine what happened, who was responsible and what penalties they should suffer. “No one is above the law”. Yeah! right!

The Propaganda (Brain-Washing) Campaign

This was huge, expensive and amazingly successful.

I have not been able to find costs for this apart from an article that one year some $600,000,000 was spent on revitalising Te Reo. I think this was for teaching and did not take into account the costs of the time for the attendance of the pupils both in Government and private sectors. And, of course it was not an item specifically budgeted and accounted for but spread through many departments and headings.

The Public Service employees attend as part of their work time and then are required to follow Maori procedures in meetings including Waiata and Karakia. It is not surprising that the head-count of Public Servants increased by some 30% with no obvious increase in services. Some also had their remuneration increased by up to $3,500 per year based on competency in Te Reo.

Government Departments have been instructed to give preference to Maori. The most egregious was, possibly, the direction that Maori were to be given preference on waiting lists for medical treatment.

Schools now teach Te Reo including a falsified history.

Universities are giving preference to Maori in the acceptance of students into medical schools. This is likely to lead to a conception that Maori Doctors are less competent than others. It is also, of course, grossly unfair to those who have often laboured mightily for some years in an endeavour to gain acceptance in intensively competitive exams.

Some Universities are also requiring students to pass an examination in Te Reo in order to complete degrees. Other organisations require employees to qualify in Te Reo even though it may have nothing to do with their work.

To carry out their work some Councils have formed so-called “Partnerships” with a selected Iwi instead of carrying out the established method of specifying what is to be done and then choosing the best bid. Corruption appears inevitable. (And the Partnership Act 1908 is ignored). Pakeha contractors are likely to consider moving to Australia or elsewhere.

“Maori Mania” has manifested itself in astonishing ways. Fed by a constant clamour from Maori activists people from all walks of life have been converted to become “Missionaries” taking steps to compensate for alleged past wrongs done to Maoris. From Lawyers and Judges, Government Departments, learned bodies and social organisations powers have been given to Maori to take part in governance..

As an example consider the NZ Internet Society. It is the small organization which registers those who wish to access the world-wide Internet using .NZ to end the Internet name they choose, and ensure that there are no duplicates The Constitution of the NZ Internet Society has 26 pages with 2 devoted to definitions. There is no definition of Maori but in 3.2.4 “The Society shall endeavour to have at least 3 Maori Board Members at all times. At least 1 Appointed Board Member must be Maori.” And in 3.2.5 “Co-Chairs with joint responsibility for leading the Board, one of whom must be Maori.”

I suspect that many people who actually read the Constitution will not then pay for a .NZ internet address and will instead go for a .com or other alternative.

Control of the Media

As with any revolution one of the early actions is to take control of the Media. In this case it was not done by force but by outright bribery and corruption.

The Public Interest Journalism Fund was established in July, 2021. It was between New Zealand On Air and Te Mangai Paho (The Crown Entity responsible for promotion of the Maori Language and Maori Culture). Its objectives included

“C. Actively promote the principles of Partnership, Participation and Active Protection under Te Tiriti o Waitangi acknowledging Maori as a Te Tiriti partner.

E. Encourage a robust and sustainable media sector.”

Nothing about protecting the interests of the non-Maori (Pakeha).

And, astonishingly, payments will apparently continue until next year. Certainly the media continue to suppress criticism and advocacy of one law for all.

All of these promotions classifying Maori as “Upper Class” will lead to great resentments and destruction of the past amicable mixing of our peoples.

Note that I will use the word Maori as if it was defined. In each context it can mean something different. Many Maori will say “ There is no such thing as Maori. There is only Iwi.” And apparently it was coined by the settlers to allow them to use Maori in a collective sense to include all Iwi. Thus, in the same way as we may use the word “sheep” we may use the same word to refer to many sheep as well as just one. Possibly I should use the word “Maoris” when speaking of more than one but I will follow the established convention and rely on the context to define what I mean. However I am very conscious that our common usage is not appropriate in some legal contexts.

Corruption of Our Language

In this modern world we are used to disinformation and misinformation. But in attempting to change a system of Government, the use of the modern communications and the ability to tailor messages to specific groups makes these things more powerful. The Labour Government probably employed some capable marketing consultants to design the course that was followed. For this purpose a great number of words - our official documents and information sources - have been corrupted. Here are some samples.

1.The clearance of the Parihaka village was labelled as a “holocaust”. The latter being the name coined to describe Adolf Hitler’s elimination of some 6 million Jews. The only casualty in this episode was that one boy had his foot stood on by a horse. And the Iwi involved was the same one that nearly obliterated the peaceful residents of the Chatham Islands.

Ernie Darnell was a very old man when he treated me like a grandson. His first job had been with the surveying gang which had its pegs pulled up by the Parihaka residents. And had one of its members murdered by the residents. He did not paint a nice picture of Parihaka and its residents.

See https://www.amazon.com.au/The-Parihaka-Cult/dp/1908476869. This gives a summary of the recently published book and its availability. It is a careful, documented expose of the whole surrounding circumstances of the clearance of this village and the justification for it.

2.The claim that Maori suffered from “Colonisation”. This word relates to what the Europeans did in Africa when they invaded tribal areas and, using their superior weapons, killed the rulers and enslaved the people to produce profits for the colonisers. They also sold natives to the Americans as slaves.

In NZ Maori had destroyed some 30% of their population once they got muskets in 1805 and were later desperate to stop intertribal warfare. Within a few weeks of signing the Treaty it was so welcomed that the Maori slaves had been released and, apart from Te Rauparaha, tribal warfare had stopped. This without the Governor having any real means of enforcement at all.

The settlers paid Maori to build roads, bridges and all else. Maori also got things like corrugated iron, blankets, four-legged red meat, horses, wheels, fruits and vegetables, education and, above all, peace. The English Government only ever got money from NZ in repayment for loans.

3. The claim that Maori are “indigenous” were here first and therefore entitled to ownership of the whole land. The Oxford English Dictionary definition of “indigenous” when related to people is “born in a region”. It has nothing to do with their ancestry. I am an indigenous New Zealander. I have no Maori ancestry but do have Maori descendants.

In any case if the whole land belonged to the first human in it and therefore all of their descendants then the Americans would own the moon.

This whole campaign has been conducted with the full force of the state behind it. Some people are still required to go through courses or lose their jobs. Anyone who objects or criticises is labelled as a “racist”. Some Universities require students to complete an examination in Te Reo before they can graduate.

I am not aware of any comment from the Law Society. The Auditor-General has reflected concern and the Chief Justice warned that the Courts would be overwhelmed in trying to establish the meaning of many of the laws giving legal rights to Maori only. Especially as there is no agreed definition of the factors needed to separate Maori from non-Maori.

Our Uncertain Law

This uncertainty has corroded our whole legal system. Our Supreme Court has been captured. The Maori activists want Maori Tikanga (customs) to be imposed. This creates great uncertainty as there are some 150 IWI (tribes) in NZ with different Tikanga and some 7 separate dialects recognized. It is fundamental for the operation of the “Rule of Law” that it be written, and clearly written. But there is no established written recognition of any of the different Tikanga which can be called on. See https://www.nzcpr.com/tikanga-is-not-law/

A founding principle of our legal system is that Governments make the laws, the administration applies them and the Judiciary resolves disputes. But the judges in our Supreme Court chose to make law themselves by stating that it had used Tikanga in a particular case (the Ellis case) to justify their judgment. Various lower Courts have then (based on verbal assertions by individuals) invoked Tikanga rather than established law in making decisions.

Overlaying all else is the “separatist movement” spelled out in the He Puapua Report whereby Iwi would govern or co-govern their territories and even have a separate Government from the Pakeha (non-Maori).

For the recent situation as a whole see https://www.nzcpr.com/cultural-apartheid/#more-40586

NZ now has a shocking legal mess. It could have been hoped that the Treaty Principles Bill would have led to a referendum which would, in turn, have stripped away the lies, embellishments and mistakes which had accumulated about the Treaty in the last few decades and allowed us to proceed to decide on the rules for our law-based democracy to function without reference to the Treaty and insistence that it means many things when it does not. But this is not to be. Instead we have a massive number of different claims by different people as to how to interpret the laws which are now said to require conformance to the Treaty or to “Treaty Principles”. However, the latter two are themselves subject to vastly different interpretations.

In a letter to me dated 14 March 2025 Don Brash has quoted Richard Prebble who, when resigning from the Waitangi tribunal, wrote

“If the tribunal is right and the chiefs and the governor misunderstood each other so there are two completely different treaties, then there was no agreement at Waitangi.”

There is a legal principle of “misunderstanding”. If two parties completely misunderstand each other then there is no “meeting of the minds” (consensus ad idem) which is essential for a valid contract.

This concept applies in treaties. The principle is found in the Vienna Convention on the Law of Treaties (VCLT) 1969.

Article 48 of the VCLT - Error

A Treaty may be invalidated if based on an essential mistake concerning a fact or situation…

Either the Chiefs and Governor reached an agreement and we have one Treaty or there was no consensus ad idem and there is no treaty”.

What is certain is that there is now no consensus about the Treaty even though it is admirably short, clear, simple and adequately supported by documentation from the time.

We therefore must ignore the Treaty for our ongoing legal needs and redefine what we do in the future.

Some Salvation is Visible.

Some important statements have recently been made by the Minister for Justice and Treaty Settlements, Mr Paul Goldsmith. See the video https://www.youtube.com/watch?v=jPXkONiwaCg

A reference described it as “ New Zealand Govt slams the door on Separatist Classes/ Democracy wins the day.”

In it he gives the Government's position. He explains very clearly that the Government is Sovereign and Maori never ceded Sovereignty because they never had it. Also that there is no such thing as a partnership between Maori and Government. (It was always incredible that some people could claim, with a straight face, that Queen Victoria had gone into partnership with 500 Cannibal chiefs on the other side of the world. Yet that became accepted in our legal structure.)

These are very valuable declarations which I will discuss further in Part 2.

The Maori Seats.

New Zealand is unique. It is the only country in the world which became a colony of another – not by conquest but by request of the inhabitants. Some wise Chiefs saw that the introduction of muskets in 1805, unchecked, would lead to their obliteration because their custom (Utu) required them to avenge every wrong done to them by another. So, in 1840, some 500 chiefs signed the Treaty of Waitangi. This foundation document gave all the people of New Zealand equal rights as citizens under the sovereignty of the Queen. The melding of stone age wisdom and later “civilization” was handled with mutual respect and dignity for the most part.

When New Zealand changed from having a Governor to having a Government in1865 only “property-owning males” were able to vote. Almost no Maori owned property individually. So, as a matter of equity, 4 Maori seats were established. They were to be abolished in five years. No provisions were made for the settlers who did not own property to have a vote. In fact many of those who did have property were dispossessed.

At the time there were no “Parties” as we now know them and all MPs had to win their seats in their electorates.

Clearly, if an individual MP wished to get a law passed it would be a great help if they could be sure that the 4 Maori MPs were on their side. And such linkages would have figured strongly when it came to the question of abolishing the seats. So they remained and continued to remain even when all males, and later women, got the vote.

The Maori block worked well together over the years and between elections were able to extract commitments from the Parties, which were formed later, to obtain privileges and exemptions etc which favoured Maori.

The Labour Party was initially formed with the support of Maori and has always had 2 Maori members on its ruling Council. It has almost always gained all the Maori Seats in elections as the hierarchical hereditary tribal structure has been able to have changes made in taxation and other matters which benefit themahead of the rest of the population.

There are many examples of our misplaced legal empowerment delivering cash to Maori only. Always of course at cost to the Pakeha.

These Maori privileges go back a long way. It has always been the case that the Public Works Act could be used to take land, and possibly other property, in order to form a road or other infrastructure. But Maori would claim that there was a “Taniwha”, other imagining - such as the “spirit of the water” - burial ground or other sacred place threatened by the road. Strangely these objections, with the accompanying delays and costs, would disappear if the purchase price increased sufficiently.

Particularly powerful is the need to “consult” with Maori or obtain their consent. An example of the latter, years back, was to award them some very valuable spectrum space since that was claimed to be a Treasure under the terms of the Treaty. Pakeha had to buy their requirements. In 1840 the use of the Spectrum for communication purposes had not even been contemplated. It was not a “treasure” to be defended under the terms of the Treaty.

See the NZCPR Newsletter for 28/4/24 “Mana or Money” for the hundreds of millions of Dollars extracted from our power companies by claiming payment for the loss of “life force” in “their” water passing through the turbines. These costs then influence our individual power bills.

Not only are the Maori Seats “racist”, they are incompatible with democracy which requires that all persons have a vote of equal value.

They are not embedded and are not sanctified by any form of public acceptance so they can simply be obliterated without anything other than Cabinet approval and administrative changes. The Maori Seats currently act as a cancer feeding on our democracy. Every new law or regulation based on race diminishes our democracy. The Maori Seats should be abolished immediately.

There will then be the problem of a future Government reinstating them. I will discuss this and other issues in Part 2.

Perce Harpham, an author and retired businessman, was a pioneer of the New Zealand computer industry. His website is here: https://perce.harpham.nz.