Wisdom can sometimes be in short supply
SOME of our major institutions seem to regard themselves as above the law, or at least they are suspending any sound judgement about what is right.
Otago Regional Council chief executive Sarah Gardner used her delegation powers to override her own staff by allowing a nonnotified consent which would seriously compromise a regionally significant wetland in the Remarkables skifield area. The council had legal advice the position the chief executive was taking was not open for her to take, but she was confident her years of planning experience allowed her to override such advice.
Massey University vicechancellor Jan Thomas got in on the act, preventing Don Brash from speaking on campus by requiring the enforcement of a safety concern where there was none. She had made it clear in internal emails she was floundering around looking for an excuse for a ban since apparently requiring one law for all New Zealand is racist and therefore something akin to hate speech.
Employment Minister Willie Jackson added his inimitable touch by standing by the actions of Meka Whaitiri and supporting her retaining her cochairing of the Labour Party Maori Caucus even after she was found to have grabbed her press secretary by the arm. The report into the incident found the story of the press secretary was to be believed ahead of that of Ms Whaitiri, and that the bruising on the arm of the press secretary was caused by Ms Whaitiri. Willie Jackson told Parliament that what happened to Ms Whaitiri was tragic and sad.
And not to be outdone, the University of Otago retained full confidence in the proctor who had by his own admission taken items from inside a student flat and, according to other student accounts, had previously ‘‘confiscated’’ items from students, advising them he would not go to the police if they tidied up their flats. In fact, the University of Otago takes the law into its own hands by fining students for such behaviour as intentional damage, assault and possession of drugs.
These institutions and the individuals involved all appear to be under the misapprehension they are not subject to the usual expectations we have that officialdom should act according to our laws and with sound judgement, and that criminal behaviour is for the police to deal with.
In the case of the ORC, the chief executive was carrying out actions she had every reason to believe were not actions the
ORC was authorised to carry out according to the advice she had received.
The Employment Minister could be expected to be on the side of an employee if he were taking sides at all in a case of workplace bullying.
And Massey University made an embarrassing call in a situation where we can properly expect that the right to hear views which are not ones we share is a fundamental freedom which would be protected by the university.
In the case of our proctor in Dunedin, it is common ground that he is a decent man and that he meant well.
The proctor himself said he had made a mistake, and this did not make him a criminal. And the university has stood by him, first through an unnamed spokesman and then officially.
At the same time, it is deeply concerning Maori are overrepresented in our criminal conviction statistics. We can only imagine the reaction of a judge to a Maori offender who presented the novel argument that ‘‘I know I’ve got this wrong, and I’m willing to learn from it. Does that make me a criminal? I don’t believe so.’’
It does seem that big important institutions who think they are beyond reproach and are seriously armed with lawyers and spin doctors go about their business with scant regard for the laws of the land, are left alone, whereas those from less advantaged backgrounds are taken away by the police.
No New Zealander should be above the law. Those who derive authority from the operation of our laws have a unique obligation to follow the terms of our laws. Those who spend public money have a duty to follow the law and exercise sound judgement. To do otherwise is to sit in a tree and saw off the branch that supports you.
Meanwhile, the University of Otago billboard which accompanies this article suggests the university thinks it has been wise for 150 years. Wise means having or showing experience, knowledge and good judgement.
I would settle for upholding the law and striving for sound judgement, an ongoing challenge for some it would seem.