RSS Feed

Tag Archives: mainstream media

‘Trumping’, Hosking & the Waitangi Tribunal. It’s a thing.

So my brief this week was to write a post on the Waitangi Tribunal. Now, I often need to feel a bit het up in order to write (or at least write something vaguely meaningful). My usual gauge is the Shower Test. Do I stand in my morning shower, stock-still, with hot water levels merrily depleting while I stare into middle distance ruminating about some issue? If so, that usually means I can write about that issue with some vim & vigour.

And unfortunately, despite being a legal academic, the judicial and quasi-judicial institutions of our legal system don’t usually pass my Shower Test.

And then Mike Hosking came to the rescue with his latest column, much of which was a critique of the Waitangi Tribunal.

Now. To be fair – confessional, even, I don’t mind opinionated middle-aged Pākehā men sounding off. I don’t have a well developed outrage nerve, and the opinions of people I don’t know don’t often to get on it. Rodney Hide, Paul Henry, Jamie Whyte, Duncan Garner, John Roughan, Brian Rudman, Cameron Slater, Martyn Bradbury et al can say what they want; I’m responsible for my own responses to what they say. They too usually fail my Shower Test. But I did find myself thinking about some of the statements in Mike’s column. That is unusual.

I should note that the last time Mike interviewed me on Newstalk ZB he got my name wrong, my gender wrong and my job title wrong, so I know he can be Trumpish on detail, but let’s look at what he said anyway about the Waitangi Tribunal.

The Waitangi Tribunal is having a busy old time of it at the moment. One might have thought that when the whole concept was dreamed up they would’ve given some thought to how long it was going to be around for, given it had a specific mandate which was by and large to deal with Treaty grievances.

You know, there is a great little legislative time machine we can use at this point, it’s known as the ‘New Zealand Acts As Enacted’ collection hosted by the New Zealand Legal Information Institute (NZLII). The beauty of this collection is that you can go back to any year an Act was passed and see What it Was Like Back In the Day. So have a look at the Treaty of Waitangi Act 1975, if you feel like it.

Actually, Mike’s not entirely wrong here. The Tribunal was set up with a specific mandate, and part of that mandate was to hear claims. Inevitably, those claims were to involve grievance. We don’t make claims when all is right with the world. The fact that one of the other parts of the mandate remains to examine draft legislation referred to it for compliance with Treaty principles. for example, has escaped Mike’s notice.

That he says ‘ One might have thought … they would’ve given some thought to how long it was going to be around for’ reveals that he has probably not ever looked at the Treaty of Waitangi Act 1975, or else he wouldn’t have written that. Let’s look at the opening words of the Act (and yes, they remain the opening words of the Act, 41 years after original enactment):

WHEREAS on the 6th day of February 1840 a Treaty was entered into at Waitangi between Her late Majesty Queen Victoria and the Maori people of New Zealand: And whereas the text of the Treaty in the English language differs from the text of the Treaty in the Maori language: And whereas it is desirable that a Tribunal be established to make recommendations on claims relating to the practical application of the principles of the Treaty and, for that purpose, to determine its meaning and effect and whether certain matters are inconsistent with those principles […] [emphasis added]

Clearly, as it was conceived originally, the Tribunal was always intended to stick around to facilitate this notion of ‘practical application of the principles of the Treaty of Waitangi’. Of course, this was all a little ill-defined, because back then we hadn’t really begun the process of articulating what those principles are (a process that has never ended, by the way).

For another thing the Tribunal was established as a permanent commission of inquiry. Now, ‘permanent’ means different things to different people, but I think we all understand the notion of permanence as opposed to temporary-ence.

And at that point historical claims were not part of its brief, Māori individuals (alone or as part of a group) could only bring  claims against the Crown if she, or the group, was being prejudiced (at that time, or was likely to be prejudiced at some time in the future)  by actions of the Crown, including by way or Act, regulation, policy, etc), where such behaviour was contrary to those principles of the Treaty.

By the way, its status as a permanent commission of Inquiry is WHY its recommendations  are not binding (with one exception, the power of resumption under Treaty of Waitangi Act 1975, ss 8A-8HJ, but we need not go into that here).

Given the scope in 1975 (to hear claims for wrongs now, or at some time on the future), let’s face it, the Tribunal was never intended to have an expiry date. The addition, in 1985, to the Tribunals’ jurisdiction, to enable it to hear claims before 1975 made not one iota of difference to that.

But let’s dip our toe back into the murky world of Mike’s Tribunal Tribulations:

Sadly no such luck. If you ever want an example of “build it and they will come”, or of an organisation that expands its brief to ensure survival, then the tribunal is your one-stop shop.

OK, not gonna bite. See above.

Next, Mike alludes to the urgency claim filed against the TPPA. Harrumph, he reckons:

What can the tribunal do, to assuage the concerns? Answer? … nothing. Nothing it does is binding. And in highlighting the example we highlight what this has become – a gravy train. Everyone on the tribunal is getting paid, everyone presenting the cases is getting paid, and you know full well who’s footing the bill.

Um. Kind of true, but not in a way that means anything.  Nothing in the jurisdiction of the Tribunal allows it to “do anything” about the TPPA. That wasn’t what it set up for (see above). Nevertheless there are a good many Māori who would say that the Crown’s signing of the TPPA could well cause prejudice to Māori, being inconsistent with the principles of the Treaty. I’m not about to enter into the TPPA debate, others articulate those concerns far more effectively than I can. But this is exactly the kind of claim the Tribunal was set up for in 1975. What is Mike suggesting? That this forum just be cancelled because he happens to agree with the TPPA? I need more than that to give his opinion any weight.

As for the ‘Gravy Train’…oh I don’t know. I don’t even know what a bloody gravy train is. I looked it up, and I’m still none the wiser. As far as I can see it is just a phrase people trot out for when they think people are getting money for things they don’t like. Like “fat cats”. And “On the pig’s back’, and ‘snouts in the trough’ and ‘sucking on the teat of the taxpayer’ or any other silly phrase that gives us permission to stop thinking. Apparently, there is a “Gravy Train” dog-food in the states. So here’s my antidote:

GraveTrain

Then Mike takes aim at the recently accepted claim in urgency against  Corrections, concerning the Crown’s alleged failure to make a high level commitment to improve the disproportionate number of Māori in prison. He would like the Tribunal to conclude that there is no real problem, Māori just have to stop committing crimes:

It would be refreshing to hear this conclusion from the tribunal, but I’ll bet you a week’s wages you won’t because that wouldn’t serve its purpose.

Having dealt with the vast majority of Treaty grievances just what is its purpose? At what point does a government say, “You know what? We’re done.”

Once again. It’s not the tribunal’s purpose to tell Māori people how to behave so as to stop having negative experiences. That might be how Judge Judy does it but the tribunal’s job is to determine if the Crown has acted in such a way (inconsistent with the TOW principles, once again) that Māori experience prejudice under the Act.

And that’s about as deep as Mike’s analysis gets. The Tribunal allows Māori to say things he doesn’t like about “rats and mice issues of no real importance whatsoever”, and it should just wrap itself up. End of.

But enough of Mike. The Donald would have been proud of the lack of facts or thought in that column. And you know what? I give up. I agree. I, too, cannot WAIT for the Waitangi Tribunal to fade from existence due to irrelevance. Why? Because that would mean the Crown had stopped breaching the principles of the Treaty. Let’s see some opinionated columns in the mainstream media about how the Crown might do that!

To return to earth for a moment, there are genuine grounds to be concerned about the role and efficacy of the Tribunal.

For one thing, as the settlement process began in earnest, it has been argued that it was intended the Tribunal be an integral part of the process, as is still evident if only because the Office of Treaty Settlements still requires claimants to have registered a claim with the Tribunal before they can enter into direct negotiations for settlement with the Crown.

The fact is, despite registering claims many claimants go straight to direct negotiations with the Crown; and they don’t go to the Waitangi Tribunal at all. If this is the case, has the Tribunal lost something of its moral suasion if Māori are not using it to actually be heard and to get a report written about their historical claims?

And what kind of pressures have claimants been subject to in the direct negotiations process that might have been eased with the buffer of such a report?

Well, Māori are continuing to use the Tribunal, particularly for the kinds of contemporary issues it was originally set up to hear. The bigger question is really whether the Tribunal recommendations make a difference. In many cases one could argue no. For the Tribunal’s recommendations to succeed, the Crown needs to buy in, and often it simply doesn’t. But sometimes it does..in a round about kind of way.

Here’s an example. in 2011 the Wai 262 recommendations were released along with the gargantuan report Ko Aotearoa Tēnei. Have a read of my colleague Carwyn Jones’ summary, on his own blog, of the big job the Tribunal had to do on this first whole-of-government inquiry.

Ultimately, the Tribunal wanted to see Māori intellectual property rights in mātauranga Māori protected within the New Zealand legal system by way of a special regime. Well, as of March 2016 the Crown has not responded to the recommendations. Or at least, if they have, I have missed it.

Is it strictly true to say that the recommendations have been ignored? In the main, probably. But in 2014 the Ka Mate Attribution Act was passed; in part to enact the provisions contained in the Ngāti Toa Rangatira Deed of Settlement dealing with the haka Ka Mate The Attorney General Chris Finlayson said that the time that the issue of protecting Ka Mate went beyond Ngāti Toa.

What we have here is, I believe, exciting legislation. It is the very first tentative step by the Crown towards recognition of traditional cultural expressions

And maybe it is. It could be argued that the Act was, in part, a response to the issues set out with regard to Ka Mate in the Wai 262 report. This is the kind of impact that is hard to measure, because it is indirect, partial, and incomplete.

One other point I would make about the Tribunal; it is sometimes described as ‘a safety valve’ (Matiu Rata is said to have described the Tribunal thus), or even as a kind of ‘truth and reconciliation commission‘. I would agree with that; much pain and many tears have been shed before the Tribunal, and the weight of that Māori participation in this mechanism must not be undervalued.

Actually, this public participation aspect has, in recent years, been under threat, in regards to those historical claims. As the Tribunal has become more formal, efficient, and court-like over the years, its emphasis has greatly shifted, it has been argued, from providing that necessary public safety valve to helping claimants do better in highly bureaucratic settlement negotiations. This is worrying to me.

Therefore, an important saving grace of contemporary claims, such as the hearings on the TPPA and Corrections, may well be that the Māori public voice within the public square is getting louder, once more.

Long may it remain so.

[Please note: a very slightly different version of this post was first published a couple of days ago  on E-Tangata]

Advertisements

Memo to TV3 and TVNZ and Stuff: grieving children’s tears are not for our public consumption

I have better things to do this morning than punching a keyboard with barely suppressed rage; I am not often full of righteous wrath – but here I am. The deaths of Tej, Tika, and Prem Kafle are obviously newsworthy. This fire in Waimate was a dreadful event, the devastation it has wrought deserves wide coverage. I get that. I also get why both major networks last night filmed the funeral held by the Nepalese family. Funerals are often public expressions of grief, and while some might find the presence of cameras intrusive, I understand that there can be public interest in death and the commemoration of it, although sometimes I do wonder if funeral footage occasionally slips into prurience.

The fact that the funeral was so soon, no doubt in accordance with custom, and that it was clearly an expression of the grief of the Nepalese community all made the funeral newsworthy. I have no problem with that. The family clearly welcomed the media, and consented to all the filming that took place.

What I have a huge problem with was the cameras being directed at the three orphaned daughters who articulated their grief and experience for us. The media collectively (because this footage is on TV3, TV 1, Stuff and the NZ Herald website too, I only hope that MTS does not follow suit) crossed a moral line in showing us Tulsi, Manisha and Mamata and giving us lingering closeups of their tears. Mamata is 11. Manisha is 17. Tulsi is 24. Just because she is an adult does not render this footage acceptable.

After sitting through yet another rendition of their grief during Newsworthy last night I tweeted them (somewhat snarkily I admit..) in response to one of their promo tweets:

Tonight we’re on at 11.00pm. We’ll have all the news you need plus an orangutan kissing a woman’s baby bump

Please explain why we need to see the Waimate fire survivors grieving for our light ent? Worth watching?

The Newsworthy twitter account responded to my querying their decision, by saying

hello, it’s not light ent; it’s news. We were invited by the family to film, and accepted. We don’t think it was gratuitous.

The fire was news, the funeral was news. The sisters huddled together in their bed taking comfort in one another less than 48 hours after losing their parents and their brother is not news. Perhaps the networks might argue that because Tulsi, Manisha and Mamata gave an account of what happened from their perspective, that account justified the closeups. There were other ways of incorporating their accounts without the greedy closeups. Consent does not take away the wrong that was done here to the younger girls at least, in particular to Mamata.

These networks have allowed themselves to be seduced by the notion that they were ‘invited’. By all means; that is a privilege, and not one to be lightly refused. But someone should have used their head when deciding which footage to screen and thought ‘hang on, is this fair to this family? Would we do this with other families? Should we really apply a different standard here simply because we have been invited?’

And in all honesty I wonder: would these networks have run such extraordinary footage of Pākehā children suffused with grief? I’ve been racking my memory for incidents where we have exposed Pākehā child victims of such tragedy to such intense coverage. The only thing I could think of where such raw grief has been exposed was in the wake of the Christchurch earthquake. A photo published by the Press of Kent and Lizzy Manning on the moment they lost their mother in the quake was heavily criticised for being not in the public interest. The editor of the paper Andrew Holden justified his decision on the basis of the local public interest in the quake catastrophe. There may be other examples.

The fact this family is Nepalese and culturally open and generous about their grief is not an excuse for us to court and then consume it. We should not be applying looser standards in protecting children from media glare just because they are Nepalese children.

Gratuitous? Of course it bloody was.

Ki a rātou te whānau pani ka nui te aroha. Ki ngā mate, haere, haere, haere ki ō koutou tūpuna.

Māori broadcasting & the year of living dangerously

Māori broadcasting & the year of living dangerously

This week there will be yet another one of those end-of year functions. Perhaps you are familiar with such things. Perhaps you have been press-ganged into a few yourself. Or perhaps you have managed (like me) to use your children as an excuse to avoid anything remotely Christmassy/Secret Santa-ish. Well. spare a thought for one of those functions that will be held this week; the break-up, in more than one way, of the Māori and Pacific programmes department at TVNZ.  There will be, no doubt, much kōrero, sadness and reflectiveness as the current staff look back over many decades of service that this department has given in the pursuit of New Zealanders understanding ourselves just a little bit better. Ernie Leonard, Whai Ngata, Mihingarangi Forbes, Stephen Stehlin, Ngaire Fuata, Mātai Smith, Hineani Melbourne, Quinton Hita, Osone Okesene, oh crikey. Need I go on? You get the picture. A whole lot of talent pooled in order to create some damn fine TV over three decades, or near enough to.  As you might be aware TVNZ  announced in October that it will divest itself of most Māori and Pacific programming. In fact, TVNZ announced last week its preferred production companies to take on producing the other shows. but rest assured, TVNZ will still charge those lucky independent programme makers premium rates for the use of TVNZ facilities to make the same programmes. So…effectively this  “cornucopia of Māori production” will be no more (except for Te Karere). Whither now TVNZ’s legislative function that sets out, in s12(3) of the TVNZ Act 2003 that TVNZ  “must provide high-quality content that— […] reflects Māori perspectives” I wonder. I certainly don’t doubt the talents and skills that reside in our young, independent production houses. I wish them all the best for this new, and no doubt, exciting path. But make no mistake, the indefinable something, that collective enterprise that was just big enough to make a change to NZ broadcasting culture, that  trained and welded generations of Māori and Pasifika broadcasters, journalists, technical staff together to create something bigger than the sum of those individuals, will vanish. That job of cultural transformation must not be left to independent Māori and Pasifika vehicles. There must be space for difference within the machinery of the mainstream. More on this later. But for this moment…spare a thought on Thursday night for that sad celebration. Actually 2014 is a red-letter year for Māori broadcasting, it seems to me. For one thing, it was the 10th anniversary of another important source of Māori images and voices: the Māori Television Service, MTS, or better known just as Māori Television. Actually, the most annoying thing Judith Collins ever said, in my view, happened way back in May 2014 at the time of the 10th birthday celebrations.  Now, I get that some people will be somewhat ideologically ill-disposed to MTS. Fair enough. Each to their ideological own. But this reported comment, made with the trademark Collins curled lip,  got my goat and just about killed it:

Mrs Collins said most of the time when she tuned in the station was broadcasting “reruns of things that were running 30 years ago”. “I would like Maori TV to be considered one of our icons but at the moment it is not,” Mrs Collins said. “It’s not dealing with the big issues. And when it does deal with them it is often seen not to be evenly handed in its treatment of them.”

The absolute barefaced untruth of the first line of this comment was easily demonstrated by the most casual perusal of the channel’s programming for that month. So it was quite obvious she had either never actually tuned in to Māori Television more than, you know, that ONE time [at band camp], or she had happened one day upon a repeat screening of Koha or Tangata Whenua on Heartland and thought she was really was lost among the natives. This insulting dismissal of all that MTS has tried to achieve over ten years felt like a punch in the gut to me, and I don’t even work there! Nor do I think the programming is perfect either, but the accusation she makes is one of which that station is simply not guilty. And as far as I’m concerned, her egregious first comment negates what might have been marginally debatable points in the other lines. People who just make things up simply don’t get to be a critic that anyone listens to. But her comment did raise food for thought at the time, and still does. What is it that we expect an organisation like MTS to achieve? And, likewise, what do (or did…) we expect of our more ‘mainstream’ broadcasters such as TVNZ, RNZ and others in regards to promoting Māori content, training new broadcasters and, oh I don’t know, upholding or creating the authentic vision of how we think Māori ought to be portrayed? Let’s just say that there have been some pretty big events this year that are setting the scene for Māori media in this country. I don’t really know how the cards are going to fall, but there is a lot of shuffling going on at the moment. in addition to the gutting of Māori and Pacific programming at TVNZ we also have:

  • MTS in the middle of a restructure, and ‘scoping’ a possible move,  with a couple of its high profile figures (and a few others not so high profile) recently jumping ship; Julian Wilcox and Carol Hirschfeld.
  • Native Affairs (on Māori Television) is still weathering some ongoing ructions about the nature of the programme, and  debate about the future of investigative journalism at MTS. A particular series of examples arose in the election campaign pursued by Hone Harawira and the MANA Movement to highlight what they claimed to be threats  against NA and Te Kāea by MTS and its Board. This series of claims has been running for a few months now, culminating a few weeks ago in Harawira’s accusations about political interference in the content of Native Affairs by Paora Maxwell (MTS Chief Executive) reportedly rescinding an invitation for Hone Harawira to attend the final show of the year (although we only really have Hone’s account to go by). In addition, there are the ongoing consequences from Native Affairs’ investigation into the commercial arm of the Kohanga Reo National Trust,  Te Pataka Ohanga. For all the many admirers of Native Affairs investigative journalism in the Pākehā world (see here, and here for example), opinion is more divided within Māoridom (see the second half of this Te Putatara post  critiquing Native Affairs’ objectivity in that saga, and We Take Manhatten’s account of some of those critiques).
  • The current progress of the Māori Language Bill through Parliament and the forthcoming implementation of Te Mātāwai, a new governance agency that will provide direction on the future directions for te reo Māori, taking control of Te Taura Whiri i Te Reo Maori (the Maori Language Commission) and Te Mangai Paho (the Maori Broadcasting Fund Agency). This new entity will also absorb Te Putahi Paoho, the electoral college for Maori Television;
  • In May this year Māori radio stations received a boost in funding of $12 million, for the next four yearthat has set up a challenge, and perhaps a point of debate and even tension for those stations about how best to use that funding and develop the existing stations and yet still keep a door open for new radio stations to develop.
  • and then there has been the launch, this year of the first modern Māori mainstream newspaperMāngai Nui in collaboration with the Rotorua Daily Post.

Crikey. That’s quite a lot to be going on with. There is always risk in expecting any one organisation to bear the weight of all Māori and Pākehā expectations of what Māori media should be.  One of our problems is that we are not always sure what it is we think Māori broadcasting ought to achieve, so, when big changes are signaled we don’t quite know how to read them. Or at least, I haven’t been sure. Take MTS, for example. What will be the result of the current changes at MTS? It may, actually, be better and more focused on doing what it was set up to do, provide a way and means of protecting, preserving and promoting the Māori language and tikanga Māori. Actually, however much we might want MTS to reflect the diversity and dynamism of modern (Māori) New Zealand, however much we might want it to be THE public broadcaster, it wasn’t set up to do that. The fact that it does those things, and with aplomb, is a testament to its staff and its ingenuity. But make no mistake…it has a legislative job to do. s3 of the Māori Television Services Act sets out the recognition that Crown and Māori together have an obligation under the Treaty of Waitangi to preserve, protect and promote te reo Māori. S8 of the Act sets out the principal function of the Act, which is:

…to promote te reo me ngā tikanga Māori through the provision of a high quality, cost effective Māori television service, in both Māori and English, that informs, educates, and entertains a broad viewing audience, and in doing so, enriches New Zealand’s society, culture and heritage.

In 2009 the review of the Act found that there was an inconsistency between the implementation of ss3 and 8. The reviewers said:

In effect the Act is successful in providing for the promotion of te reo Māori, but is less clear in providing for its preservation and protection.

But legislation be blowed, in on sense. Programme-makers, broadcasters, journalists, writers, presenters..all these people bring themselves into the public sphere in some way and change our cultural landscape even when we don’t know they are doing it. Whatever our Treaty-based, legislative, cultural or emotional expectations of our Māori media in general, and broadcasters in particular, this country owes a massive debt to Māori media in all its forms. This has been the case ever since the beginnings of Māori newspapers in the 1840s. Māori media, with all their faults, and variance and ideologies and truth-constructions,  have helped to foster a sense of connectedness and fellow-feeling between disparate members of Māori communities. They  have reflected Māori back to ourselves, even as we can argue endlessly over what distortions might be writ large in those images, words and sounds. They have given true glimpses of Māori life to those who don’t share that life. And Māori media have, for over 160 years, offered a portal into Māori thinking that is rarely offered within what we now offhandedly refer to as MSM, or mainstream media. Perhaps I had better be clear on what I mean by Māori media. I am not referring only to Māori run organisations independent of larger ‘mainstream entities’. Sometimes Māori media has extended its reach into Māoridom more by way of the Trojan Hoiho technique. Some of the Māori newspapers, for example, were government organs, but letters to the editor, and some editorial material did a pretty fine job of reflecting Māoridom, notwithstanding the intent that such organs be instruments of Crown propaganda. When The NZBC appointed Māori broadcasters in the 1930s and 40s, they were to provide an extraordinary legacy within Māori media (and broadcasting history). As written by one of the towering figures of Māori broadcasting, Henare Te Ua, some years ago:

Who were, these pioneers? Professor James Shelley, Director of early broadcasting, during the 1930s appointed four air-staff Māori, one each in the four main centres. In Auckland, Ngāti Whātua’s Lou Paul a skilled singer and musician, in Wellington, Kingi Tahiwi of Ngāti Raukawa’s musically talented Tahiwi whānau – he died over North Africa while serving with the Royal Air Force, Ngai Tahu’s Te Ari Pitama was appointed in Christchurch, and Wharekauri (Chatham Islands’) Airini Grennel in Dunedin. While not appointed as “Māori broadcasters”, they were bi-culturally adept broadcasters who were Māori, each possessing style and flair and te reo which they used on-air. My opinion is that their personal, outgoing charismas quietly opened their Pākeha colleagues’ insights into te ao Māori – the Māori world – and were at the genesis of Māori broadcasting

I think the second paragraph is very apt. It is a lonely thing sometimes to be ‘the Māori voice’ within a mainstream organisation. But those lonely voices are absolutely vital, in any form of broadcasting or media, and, I would venture, in any organisation with public relevance, actually. The problem with being the lonely voice is that it can more easily, and with relative impunity, be silenced. So. Here’s to both the lonely Māori and Pasifika voices in within mainstream media, wherever they are found, and those voices of other Māori and Pasifika who are able to paddle their own media waka. Kia mau tonu koutou.

Poetry Out West

Poetry by Jodine Derena Butler

Interrupting the Silence

An Episcopal Priest's Sermons, Prayers, and Reflections on Life, Becoming Human, and Discovering Our Divinity

A Tree's Roots

A Tree's Roots

Hikurangi Group

Naumai, haramai.

BATESY

ARTIST, POET

Strictly obiter

Legal nonsense

Black Stone

Talks and writings by Pala Molisa

Māori Law

Exploring the Indigenous Legal Traditions of Aotearoa

Faith and Belief in New Zealand

A national research study exploring attitudes towards religion, spirituality and Christianity in New Zealand

Compassionative

Towards a more just and progressive Aotearoa

Āhua mōhio

He kōrero poto, riterite tonu, i te reo Māori

%d bloggers like this: