Financial Review Debate — Ministry of Justice

The consideration of the estimates and financial reviews in the Committee of the whole House has traditionally been regarded as the time dedicated to holding the Government to account. And what better day to hold the Government to account for the work of the Ministry of Justice than today—a day on which the nation is reeling from the damning Report of the Special Rapporteur on the Situation of Human Rights and Fundamental Freedoms of Indigenous People, presented to the United Nations by Rodolfo Stavenhagen. I urge the Minister of Justice to spend his adjournment time in looking over that report, and in considering how he may implement the many recommendations, in terms of both policy formulation and practice.

The special rapporteur considers that New Zealand’s human rights legislation does not provide sufficient protection mechanisms regarding the collective rights of Māori that emanate from article 2 of Te Tiriti o Waitangi—in other words, our tino rangatiratanga. The Māori Party has made approaches to the Auditor-General and the Human Rights Commission regarding the Foreshore and Seabed Act, and the response, in our view, was inadequate. The report of the special rapporteur supports our view. He also considers that the underlying legal and political fragility of Māori rights translates into a human rights protection gap that seems not to be sufficiently covered by existing legislation.

The legal and political fragility of Māori was brought home to us most vividly this morning, with reports of our car-koi allegedly breaking the law. We were advised by members of the car-koi that yesterday two of their cars, one with Mr Hone Harawira’s face featured on it and another with a Māori Party flag flying from the window, were followed through the fine town of Tokoroa, a haven for Māori Party activity. When apprehended, the car driver was charged with unreasonable use of a warning device. Cars were sounding their horns in support, in a celebration of democracy. The alleged offence incurred an infringement fee of $1,000 for one driver and $750 for the other. The offences included driving in a manner likely to annoy other people. Well, although I cannot see it, I suppose the dial of Mr Harawira has the potential to annoy other people, who may envy those incredible good looks, but it does seem bizarre to me that the only cars pulled out of the line of cars travelling that road were those identified with the Māori Party insignia.

The legal and political fragility of our people—as proven in Tokoroa—is seen day after day in the courts of this land. It is little wonder that the special rapporteur also became aware of it. As the House was told earlier today, the United Nations special rapporteur’s report found: “The inherent rights of Māori were not constitutionally recognized…”. For that reason the report of the United Nations included a very strong recommendation about the urgent need for constitutional reform, in order to regulate clearly the relationship between the Government and Māori people on the basis of the Treaty of Waitangi and the internationally recognised rights of all people to self-determination. The special rapporteur recommends that the Treaty of Waitangi should be entrenched constitutionally. He also recommends that the MMP electoral system should be constitutionally entrenched to guarantee adequate representation of Māori in the legislature and at regional and local government levels.

That is a key recommendation for the Minister of Justice, and it could hardly have had better timing than the very start of the Māori electoral option campaign. We are greatly heartened by reports from political analysts that the political landscape will change dramatically through the proactive decisions of large numbers of young Māori who are enrolling to vote. We know that the numbers of Māori seats in this House could be increased to 13 if all tangata whenua enrolled on the Māori roll.

This is the most exciting opportunity for tangata whenua to increase our influence in the political decision-making of this nation. The independent Māori political voice is a means to achieving tino rangatiratanga—that is, a degree of self-determination consistent with Te Tiriti o Waitangi. The independent Māori political voice in this House has created a wave of interest for many Māori people to participate as equals. Is that not worth sounding our horns for?

I am pleased to take a brief call. I think this has been a week in which we can take some sadness at the performance of the National Party when it comes to the Māori electoral option. I was not planning on taking a call on this but, frankly, I was appalled at the failure to rise to the challenge of leadership shown by Dr Brash in terms of the Māori electoral option.

Monday was an opportunity for members of this House, regardless of their party political persuasion, to participate in encouraging New Zealanders to get on to an electoral roll. I do not care what roll it is, frankly. As Minister of Justice I could not care less which roll people get on to. I absolutely, passionately care that all New Zealanders take the opportunity to get on to an electoral roll, to make that decision for themselves, and to participate. I suggest that every member of this Parliament should share that passionate commitment. To have the leader of the National Party—a party that once, I think, could pride itself on its commitment to our democracy—trying to score cheap political points on a Sunday afternoon, when not much else seemed to be happening around the press gallery, was disappointing. So yet again, predictably, I suppose, he trotted out the stir up—the “pick off the nasty scab”—of the issue of race relations, and one or two people bought into it. But I was disappointed, and somewhat surprised, that even Dr Brash would sink to that, because this is an opportunity to say to young New Zealanders in particular: “Get on a roll, participate, and make your choice—whether it is the Māori roll or the general roll.” While we are about it, I tell any New Zealander who is of a mind to—because we are focusing on electoral rolls—to get on a roll and be a participant in our democracy. That is what this is about. But instead of that, we saw this cheap, tacky attempt to score a political point off the back of the same tired, old, prejudiced, and divisive process.

💬 Judith Collins: What’s that got to do with the review?

Well, does not that sum it up? That member is sitting opposite, on the front bench, posing as a wannabe, and asking what this has got to do with the review. What has this got to do with our democracy? It is about encouraging people to participate and to be part of it. Instead, we hear unsubstantiated criticism and accusation. We heard Dr Brash say that there are people out there trying to force people on to the Māori roll—and this was on the day before the process even started. The day before the start of the face-to-face campaign to get young New Zealanders on to the electoral rolls, Dr Brash told the media that people were out there trying to corrupt the process, bending the system, and trying to force others on to the Maori roll.

What was the truth of the matter? No one was out there doing anything. It was the day before the campaign had even started. Does not that sum up the sad, tired state that that National Party has got itself into? Its members are waging nasty, silly little campaigns, trying to stir up prejudice and ill behaviour between New Zealanders, instead of showing some leadership, showing some style, and encouraging our people to get on to the electoral rolls and participate in the process.

Well, on this occasion I have to say that I share the view of Tariana Turia, who said that if this was the sort of behaviour the National Party was going to demonstrate, it might have to think again about ever having any friends in this place. I think she is right, and I welcome that insight. I say to those members opposite that they might be new but they had better get used to the seats they are sitting in, because on the basis of this sort of behaviour they will be there for a very, very long time.

💬 Judith Collins: What has that got to do with the financial review?

This has everything to do—

💬 Judith Collins: You don’t know your portfolio. That’s why you’re talking—

Oh, look! The member sits there, talking about my portfolios. The member has not made a useful contribution to the House. She is another muckraker. All that member has brought to this House is disrepute, mud-slinging, and character assassination. I suggest to that member that she try to make some useful contribution to this Parliament.

Report noted.

Department of Internal Affairs