More constitutional vandalism

Since the national government embarked on its racist campaign against Māori, the Waitangi Tribunal has emerged as one of its chief adversaries, putting the impacts of its racist policies formally on the record so they can not be denied. National has responded by sabotaging it, replacing almost the entire membership with unqualified crony appointments. But apparently that's not enough, so they've decided to "review" the Tribunal to undermine it further:

Māori Development Minister Tama Potaka has announced a review will take place into Treaty of Waitangi Act 1975 and the Waitangi Tribunal, in a move the ACT Party says will “rein in [the] activist tribunal”.

The review comes as part of a coalition agreement between National and NZ First, and aims to refocus the scope, purpose and nature of the Tribunal’s inquiries back to its original intent, Potaka said.

As ACT's response shows, this is simply more constitutional vandalism, intended to eliminate one of the few checks and balances on our overpowered executive. And its moving in completely the wrong direction. The lesson of this regime is that the Tribunal needs to be strengthened, not weakened, with stronger protections against government fuckery.

Hopefully Labour, the Greens, and Te Pāti Māori will make it clear that they will reverse whatever the racist dogshit regime does, and restore and strengthen the mana of the Tribunal. As for the government, it needs to think about it this way: it can either resolve claimed Treaty breaches calmly and quietly through a Tribunal, or it can resolve them through protest, occupation, and confrontation, with all the consequent impacts on the legitimacy of the state. Lawyers and historians, or Ihumātao everywhere. Their choice.

A calculated policy of deceit

This week the government rammed through legislation under urgency to cancel all outstanding pay equity deals and make them impossible to get in future, balancing their books by stealing $17 billion from New Zealand women. It was an outrageous abuse of the democratic process, and since it passed, we've learned just how abusive it was. According to an analysis by Stuff, the government first started plotting this move in December 2023, right after they gained power. The real work began in December last year, and was deliberately kept outside the normal policy process to prevent us from learning about it:

Even many officials who would normally work on a proposal like this were kept in the dark. For instance, no regulatory impact statement was made to assess the lawmaking.

Similarly, the BORA vet was - unusually - issued by the deputy Attorney-General himself, rather than the usual Ministry of Justice team (of course, he said stealing from women was OK, and absolutely did not impact their rights - a case of mansplaining away human rights?)

The government "justifies" this by talking about "legal risk". But what risk is that? The risk that the Employment Relations Authority would rule on and approve deals before they could legislate them away. Which is really a financial risk, that they wouldn't be able to steal as much money. But the real risk they were worried about was democracy: that we would object, that we would protest, that we would submit on the bill, that we would make it clear to their backbench that pursuing this misogynistic policy would result in a bunch of them losing their jobs. And to avoid that, the government pursued a policy of total secrecy, unseen before in modern policy-making.

In short, they followed a calculated policy of deceit, pissing all over our constitutional norms in order to steal from women and attack our democracy. And we should hold them to account for it. There are protests tomorrow in most major centers outside government MPs' electorate offices. Be there, and speak out against this dogshit misogynist regime.

Government of the 0.3%

A couple of months ago, the government held a public "consultation" on their proposed Regulatory Standards Bill. People responded en masse, and made it crystal clear what they thought of it:

The Ministry received approximately 23,000 submissions and worked with a specialist consultancy to quantitatively assess support and opposition to the proposed Bill. This analysis showed that 20,108 submissions (around 88 per cent) opposed the proposed Bill, 76 submissions (0.33 per cent) supported or partially supported it, and the remaining 2,637 submissions (almost 12 per cent) did not have a clear position.

76 supporters out of 23,000. That's not even lizardman's constant (the 4% of senile-dementia victims who habitually support the most cooked option). Its not even the ACT voter percentage they got for their racist Treaty Principles Bill. And meanwhile, it is crystal clear that the public overwhelmingly opposes this extremist libertarian bullshit.

So guess who the government listened to? Yes, the 0.3% of weirdos who want to drown them in the bathtub: they're advancing the bill. Meanwhile, they ignored the rest of us; our voices apparently don't matter. And of course neither does our time, which they wasted with their bullshit "consultation" (again).

But while the government can ignored our submissions, there are other things they can't ignore. Such as our votes. So, if they've wasted your time and ignored you. tell them to go fuck themselves at the ballot box, and vote the whole lot of them out on their filthy arses.

Still 34,000 unemployed under National

The March labour market statistics are out, showing unemployment unchanged at 5.1%. There are now 156,000 unemployed - 34,000 more than when National took office.

While better than expected, there's been a shift from full-time to part-time work, and total weekly paid hours has dropped - meaning people are working less, while nominally remaining in jobs. Underutilisation - people who would like to work more hours - is also up. So this isn't exactly good news. The questions is whether it will get worse, and how many people will throw in the towel and cross the Tasman for fairer work in response to National's misogynist attack on women.

Dropped

All charges against the Restore Passenger Rail protestors have finally been dropped. Good. But they should never have been laid in the first place, and it shouldn't have taken a jury telling the police to go fuck themselves (or the threat of them doing so again) for the state to see that.

The obvious question is whether the state will be properly held accountable for this abuse of process. Sadly, I think we all know what the answer to that will be.

National supports sexism

That's the only possible conclusion we can draw from their decision to legislatively terminate all pay equity claims, and make future claims much harder to win:

Workplace Minister Brooke van Velden announced the moves to raise the threshold for proving work has been historically undervalued to support a claim, on Tuesday saying changes back in 2020 had created problems.

"Claims have been able to progress without strong evidence of undervaluation and there have been very broad claims where it is difficult to tell whether differences in pay are due to sex-based discrimination or other factors."

Claims were concentrated in the public sector, with costs to the Crown of all settlements so far totalling $1.78 billion a year, she said.

"The changes I am proposing will significantly reduce costs to the Crown," she said.

So, they're explicitly going to balance the government's books and pay for landlord tax cuts and new war toys by paying women less. Sexist fuckers.

But there's a reason we have a legislated process for this: because the alternative is that workers go to court, and win a settlement that way - as they did in 2015. And if National cuts off that route, then it gets "negotiated" through industrial action - which, given that nurses are significant claimants, means hospital shutdowns and their healthcare metrics being shat out the window. But I guess their thinking is that that will all happen later, in another budget cycle, so it all gets ignored in favour of the short-term goal of making the books balance this year.

And that's what you get for putting the white male businessman parties in charge. I hope we all remember this at the next election, and kick them out on their arses.

Another unfair Australian election

Australians went to the polls on Saturday in an election originally expected to be a tight contest between an uninspiring ALP government, and a full-on monstrous radical Coalition opposition. But then Trump happened, and Dutton doubled down on culture war bullshit, and so instead its been a Labour landslide. Which is welcome, I guess - shit-lite is still "lite", and everyone loves to see Trump get kicked in the balls - but it again shows the rank unfairness of Australia's electoral system.

The ALP won 56% of the seats on (at current count) just under 35% of the primary vote. The coalition - which got a slightly lower primary vote of 32% - won 26% of the seats. The Greens, who won 12% of the vote, and One nation, which got 6%, received no seats at all, while independents got 10% of seats for 7.5% of the vote. 10% of seats are still in doubt, so these numbers may change a little, but its also very obvious that this is a wildly disproportionate result, practically British levels of unfairness. And I'm not sure why Australians continue to put up with it, especially when it turns their politics into a cosy oligopoly where both shit and shit-lite push racism while pandering to the fossil-fuel industry, in pursuit of some horrific conception of a racist, coal-addicted median-voter.

Australian politics could be better. And the way to make it better is by moving to a fairer electoral system. It worked here, after all. But why would shit and shit-lite support that?

A "secret" that wasn't

Back in 2018, Aotearoa was in the midst of the Operation Burnham inquiry. During this, it emerged that key evidence was subject to a US veto under an obscure and secret treaty. Part of the Five Eyes arrangement, this treaty was referred to by a number of different names in different documents, but seemed to be the "Security of Information Agreement between the New Zealand Minister of Defence and the United States Secretary of Defense of September 2 1952", with amending exchanges of notes in November 1961 and in 1982.

I was curious about this treaty and especially about its impact on the handling of OIA requests, so I asked MFAT for a copy. They refused, claiming it was a) secret; and b) American, and therefore couldn't be released. So I went to the Ombudsman, pointing out that the equivalent treaties for all other Five Eyes had been released and were likely to be substantially similar (so it wasn't really secret after all), and that if MFAT wanted to hide behind the Americans, it should at least have to actually ask them if they objected to release. The Ombudsman agreed on the latter point at least, and so MFAT agreed to reconsider its decision and ask the US. And then they just... didn't. back to the Ombudsman, and MFAT agreed that it would make its own assessment of the treaty and consult the US about that, and released a summary. back to the Ombudsman for a full-on challenge to the idea that this is secret or foreign in any way, and MFAT agreed to formally talk to the US to gain US declassification. And then they just... didn't (again). And its currently before the Ombudsman again, with more MFAT promises to talk to the US.

So you can imagine how pissed off I am to find out that a key part of the information I requested - the 1961 exchange of notes - was declassified and released by the US State Department in January 2018, before I even made my request, and that MFAT has simply been dicking me around for seven years. You can read the full thing here, thanks to the Unredacted Five Eyes archive.

As for what it says, it echoes the other, similar (and public) agreements that we already knew about. Which invites the question: why the secrecy? What is the supposed harm in release here? What was the point of MFAT's "consultation" if it didn't result in them learning that this had already been declassified? And why is the New Zealand government still resisting transparency after all these years?

National says "fuck the BORA"

That's the only way to describe their plans to reinstate the prisoner voting ban. In case anyone has forgotten, this is a law that was explicitly found to be inconsistent with the BORA by the Supreme Court, in Aotearoa's first ever declaration of inconsistency. The solution that was eventually hashed out to this constitutional impasse was that if the courts made such a declaration, parliament would fix it. National is now rejecting that - along with the very idea that parliament has responsibilities under the BORA.

That being the case, it is clear that the half-measures of the New Zealand Bill of Rights (Declarations of Inconsistency) Amendment Act 2022 are not enough. Parliament has again demonstrated that it is unwilling to be a responsible branch of government and uphold its explicit, legislated duties under the BORA. That being the case, the solution is clear: take the job off them and give it to someone with a demonstrated track record of acting responsibly. In this case, that means repealing s4 BORA, and allowing the courts to directly overturn legislation themselves.

Gas is dead

The Herald had another announcement today about a new solar farm being officially opened - this time the 63MW Lauriston solar farm in Canterbury. It is of course briefly "NZ’s biggest solar farm", but it will soon be overtaken by Kōwhai park at Christchurch airport (168MW) and Tauhei (202MW), both of which are currently under construction and should be complete next year. And looking further ahead, the 400MW Te Rāhui farm near Tāupo should be building soon, along with a number of other big projects.

None of this has any form of government assistance. Instead, the government is still blathering about gas as a "transition fuel". Which is the thinking of twenty years ago. The last major gas-fired power station in Aotearoa was commissioned in 2007. While there have been a couple of "peaker" plants added since, they're much smaller and not intended for baseload generation. And there are no plans for any in the future: the last "live" gas project - Todd Energy's proposed peaker plant at Ōtorohanga - was cancelled years ago (though the consents for it have not yet expired). The market has spoken: the future is solar, and wind, and batteries. The gas industry is dead; it just hasn't realised it yet.

Shoving the future aside

I woke this morning to the shock news that Tory Whanau was no longer contesting the Wellington mayoralty, having stepped aside to leave the field clear for Andrew Little. Its like a perverse reversal of Little's 2017 decision to step aside for Jacinda - the stale, pale past rudely shoving the voice of the future aside.

This isn't any criticism of Whanau - she has to do what's right for her, and she's been very gracious about it (even effectively endorsing Little). But there's a real question of whether her progressive urbanist voters will stomach supporting another Labour failure, especially when his immediate response is to double down on the Keep Rates Low bullshit which has ruined Wellington in the first place:

The former Labour leader said one of the main reasons he stepped up to be a candidate was so he could restore the faith in the council.

“There, there’s not, it is simply not acceptable for rates to increase, by my calculation, about 30% in the last two years,” Little said.

“A lot of that is, I think, council not getting a grip on their own finances.”

Nope. Its because politicians like Little Kept Rates Low and didn't pay to maintain the infrastructure which literally underlies their city, instead choosing to kick the can - or rather, the giant puddle of shit - down the road. Now that bill has come due, the council is actually facing up to it, and the wealthy wankers in their drafty "heritage" villas want to just keep on not paying, because they'll be dead soon. Last election Wellington voters told those people to go fuck themselves, by electing Whanau and a progressive council. The question is, when the only mayoral choice on offer is "Keep Rates Low" wearing different-coloured ties, whether they'll even bother to turn up this time.

"Protecting frontline services"

When National embarked on slash and burn cuts to the public service, Prime Minister Chris Luxon was clear that he expected frontline services to be protected. He lied:

The government has scrapped part of a work programme designed to prevent people ending up in emergency housing because the social development ministry cannot cope with the workload, official documents show.

A December MSD report to Associate Housing Minister Tama Potaka said that was partly because it was too busy with work related to changes to the Jobseeker benefit.

[...]

"We do not recommend progressing further with phase one work at this time due to insufficient frontline capacity and wider organisational pressures," the report said.

"MSD's frontline capacity is currently oversubscribed, and there are wider organisational pressures because of the focus on implementing initiatives to support other government targets, including the Jobseeker target."

Another way of saying "oversubscribed" is "understaffed". And its worth noting that MSD cut 700 roles last May to meet National's arbitrary bodycount targets. And now they can't do the basic stuff the government asks them to do.

This is what cuts give us: a dysfunctional public sector which can no longer perform basic functions. And that's fine with National, because its not like a Minister paid $304,300 a year or any of their rich wanker Koru Club friends think they will ever need those functions. Instead, they're happy to make everything suck for the rest of us, so they can posture as "fiscally responsible" and hand over billions in cash to landlords.

Wouldn't it be nice to have politicians who actually represented New Zealanders, rather than rich people?

Climate Change: National supports pollution subsidies

When the Emissions Trading Scheme was originally introduced, way back in 2008, it included a generous transitional subsidy scheme, which saw "trade exposed" polluters given free carbon credits while they supposedly stopped polluting. That scheme was made more generous and effectively permanent under the Key National government, and while Labour talked about removing the subsidies, they somehow never got round to it (it would have upset someone, you see). Both the Parliamentary Commissioner for the Environment and He Pou a Rangi have recommended reducing the scheme, and now Treasury and IRD have joined them. But National says "no":

Ministers rejected advice to take a hard look at hundreds of millions of dollars in climate grants to the likes of NZ Steel, Methanex, Rio Tinto, and Fletcher Building.

Inland Revenue and Treasury told the government there was no proper evidence that yearly subsidies to some of the country's biggest carbon polluters were needed.

Their recommendation for a thorough review was met with a no thanks from Minister Simon Watts.

So, a government which endlessly claims that we don't have enough money for schools or hospitals or public transport (or anything other than landlord tax cuts and pointless guns) is happy to continually fork out quarter of a billion dollars a year to encourage some of our worst polluters to keep polluting. You'd almost get the impression that they weren't really serious about either climate action or fiscal management...

He Pou a Rangi has been crystal clear that the current level of subsidies is a long-term threat to the effectiveness of the ETS, and they need to be reduced ASAP. So this is going on the - already long - list of immediate problems the next government will have to sort out. And hopefully, they'll have no time for industry special pleading while doing so. Because these polluters have already had nearly twenty years to clean up their act. If they haven't done it by now, then its time they faced the financial consequences for their stupidity.

Climate Change: Fucking the ETS again

For a while, it looked like the government had unfucked the ETS, at least insofar as unit settings were concerned. They had to be forced into it by a court case, but at least it got done, and when National came to power, it learned the lesson (and then fucked the ETS in other ways). But now, it looks like He Pou a Rangi is going to fuck it up all over again, proposing a huge increase in auction volumes:

The commission found that the government could increase NZU auction volumes by 13.6m units for the 2026-2030 period, compared with last year’s estimates.

That was largely because surplus units were coming down faster than expected. In addition, industrial allocation of units was forecast to be lower than expected due to plant closures, lower production and updated baselines.

The full advice is available here, and while their reasoning on surplus reduction does not seem unreasonable, it is also risky, because the government won't be able to reduce 2028 volumes if later data shows they're wrong. As for industrial allocations being lower than budgeted, we should be banking this as emissions reductions, rather than immediately giving them away to allow further pollution. But because the government doesn't count the cost of its Paris NDC liability, there's no financial argument for that (and instead a clear financial argument for more auctions to raise revenue to waste on landlord tax cuts and higher salaries for politicians).

In short, this is a mistake. We should be taking every excuse to grind emissions down, and to grind down the total liquidity in the ETS. And it almost makes you wonder whether National's recent crony appointments to the commission are affecting its advice.

The rotten, unaccountable crown

Between 1950 and 1993 the New Zealand government tortured and abused up to 250,000 children in residential care facilities. They then proceeded to cover it up in order to minimise their liability, dragging out cases, slandering their victims and ultimately denying redress. In its final report, the Inquiry into Abuse in Care declared that this policy was wrong, and named specific public servants who were responsible. Some of those public servants - including Solicitor-General Una Jagose - are still employed in positions of responsibility. But now, the government has decided none of them will ever be held accountable:

After examining its own conduct, the state has decided it will not take any action against public servants named or implicated in the landmark Royal Commission of Inquiry into Abuse in Care.

[...]

Public Service commission deputy chief executive in charge of policy and integrity Hugo Vitalis told Newsroom he did not believe the behaviour of those identified amounted to ‘misconduct’ or ‘historical misconduct’.

“Nevertheless, in all cases the commission considered the commentary, discussed the matter with the relevant employer and was satisfied that no further action was required.”

I guess they've decided to accept Jagose's "befehl ist befehl" argument.

So, we have a huge crime by the state and its agents, and the state just washes its hands of it, holds no-one accountable, and refuses to compensate its victims properly. Apparently people are just meant to be happy with a bullshit, two-faced "apology". And then they wonder why public trust in them is declining. This is why. Because a state which outright refuses to hold itself accountable for torturing children is basically a criminal regime, and unworthy of trust or respect.

Climate Change: Kicking the can down the road again

Last week, the Parliamentary Commissioner for the Environment recommended that forestry be removed from the Emissions Trading Scheme. Its an unfortunate but necessary move, required to prevent the ETS's total collapse in a decade or so. So naturally, National has told him to fuck off, and that they won't be changing anything:

But Climate Change Minister Simon Watts, said the government's approach to forestry had already been set in its Emissions Reduction Plan and it did not plan any other changes.

The government had already announced plans to restrict whole farm conversions to forestry on certain classes of productive land.

"The forestry sector will play a key role in driving economic growth by creating more jobs in our regions and boosting the value of exports. It also provides a nature-based solution to climate change, which is a key pillar of the government's climate strategy," said Watts.

So its the usual "policy" from national: do nothing. Kick the can down the road. Leave it for the next government to fix. Because they are going to have to fix it, one way or another, if we want to have a functioning carbon price to reduce emissions. But maybe National - a party still full of climate change deniers and weirdo apocalyptic cultists - doesn't want that either. They may no longer feel that they can openly espouse climate change denial, but they can trash all the policies, do nothing about the threat, and leave us all to burn and drown – which amounts to exactly the same thing.

Little's pitch

So, having teased it last week, Andrew Little has announced he will run for mayor of Wellington. On RNZ, he's saying its all about services - "fixing the pipes, making public transport cheaper, investing in parks, swimming pools and libraries, and developing more housing". Meanwhile, to the readers of the reactionary Post, he's making a rather different pitch:

Little, who is working as a lawyer after serving as an MP for 12 years, said his priorities in office would be fiscal responsibility, affordable housing and better project management, such as reconsidering the controversial Golden Mile project.

[...]

As mayor, he would pursue a regional deal to build new infrastructure, put an end to front-loading costs on ratepayers, and run a ruler over-spending.

"Fiscal responsibility", "an end to front-loading costs on ratepayers", "run a ruler over-spending" - yes, it's the same "Keep Rates Low" platform which is responsible for the underinvestment in infrastructure which has seen perpetually leaky pipes and shit on the streets. With a side order of empty promises of "better management" and some wishful thinking about getting someone else to pay for it all. Oh, and some "questions" about cycleways and urbanism, just to ensure wealthy urban-villa-owners and ute-drivers are on-side. And that's apparently what Labour stands for now: the classic stale, pale, male agenda which has wrecked local government in Aotearoa. The last gasp of the greedy generation which looted everything while stealing from the future.

The good news is that Wellington has STV, so Little running won't split the vote and allow some right-wing, Keep Rates Low candidate to win. But we may get one under Labour colours instead. Vote accordingly.

Winston is inciting terrorism

That's the conclusion of a report into security risks against Green MP Benjamin Doyle, in the wake of Winston Peters' waging a homophobic hate-campaign against them:

GRC’s report said a “hostility network” of politicians, commentators, conspiracy theorists, alternative media outlets and those opposed to the rainbow community had produced dehumanising and violent commentary capable of encouraging or inspiring action from a lone-wolf attacker.

“Much of the threat is socially motivated, rooted in deep-seated transphobia, moral panic, and conspiratorial thinking - often under the guise of ‘child protection’” it stated.

[...]

“This is essentially the manufacturing of moral panic to reaffirm us-versus-them dynamics. This also could be indicative of stochastic terrorism becoming an enduring part of NZ political discourse.”

The report found a 75% to 85% chance of Doyle being subjected to stalking and harassment, and a 15% to 25% chance of a physical attack. That's what Winston and his hate network are inciting. And the mainstream media outlets who have spread it for clickbait need to take a good, hard look at themselves and what they are complicit in. The Prime Minister also needs to take a good, hard look at his current Deputy Prime Minister and coalition partners, and consider whether inciting a terrorist attack against an opposition MP is really appropriate behaviour for a Cabinet Minister, or a member of his coalition.

Good fucking riddance

National's racist and divisive Treaty Principles Bill was just voted down by the House, 112 to 11. Good fucking riddance. The bill was not a good-faith effort at legislating, or at starting a "constitutional conversation". Instead it was a bad faith attempt to stoke division and incite racial hatred - the legislative equivalent of a bucket of shit dumped on the table. And you can't have any sort of conversation over that.

The politicians who inflicted this on Aotearoa, who conspired to divide communities and whip up hatred, are scum, and should be reviled forever. They should have no role in the future of our country. We should vote them out on their arses and never let them back into politics.

Drawn

A ballot for three Member's Bills was held today, and the following bills were drawn:

• Life Jackets for Children and Young Persons Bill (Cameron Brewer)
• Sale and Supply of Alcohol (Restrictions on Issue of Off-Licences and Low and No Alcohol Products) Amendment Bill (Mike Butterick)
• Crown Minerals (Prohibition on Coal Mining) Amendment Bill (Julie Anne Genter)

The latter is key climate change legislation, basically ending any new permits for coal mining or prospecting, while leaving existing permits unaffected. I expect National to vote it down, but it will become a stake in the ground for the next government, and may cause Shane Jones to have an aneurysm on the floor of the House.

I was expecting a bigger ballot, but they'd already held another ballot yesterday, resulting in the introduction of Ingrid Leary's Property Law (Sunset Clauses) Amendment Bill.