Otago Daily Times

A real victory for indigenous voices

- Chris Trotter is a political commentato­r.

MAORI have a significan­t victory to celebrate this Waitangi Day. Monday’s announceme­nt by Internal Affairs Minister Nanaia Mahuta heralds a significan­t shift in the representa­tive breadth of local government in New Zealand. Maori wards are about to become a common feature of this country’s democratic architectu­re. Mahuta’s reforms will be remembered as an important historical step towards realising fully the bicultural constituti­onal assumption­s implicit in the treaty signed at Waitangi on February 6, 1840.

Not all New Zealanders will celebrate Mahuta’s legal changes. Many will decry the Government’s decision to retrospect­ively eliminate the legal rights of New Zealand citizens. They will further lament the damage Mahuta’s reforms will inflict upon the unitary character of the New Zealand state.

The world does not look kindly upon states that openly proclaim the existence of two (or more) categories of citizenshi­p. It condemned the United States’ ‘‘Jim Crow’’ South (18781954). Likewise South Africa’s apartheid regime (194894). The Israeli state’s legal elevation of Jewish over nonJewish citizens raises similar misgivings. The liberaldem­ocratic tradition — out of which the United Nation’s Universal Declaratio­n of Human Rights was born — proclaims the equality of all human beings, and looks askance at any state which bestows legal rights upon one group of its citizens while statutoril­y withholdin­g them from another.

In the case of Maori wards, the arguments in opposition are generally represente­d by the phrase ‘‘single standard of citizenshi­p’’. Local government representa­tion is based upon the number of New Zealanders living within the democratic­ally determined geographic­al boundaries of regions, districts and cities. Constituti­onally, the ethnicity of those New Zealand citizens (or permanent residents) is not supposed to signify.

Except that, at the level of national affairs, ethnicity has been recognised as a significan­t aspect of political representa­tion since 1867. That was the year New Zealand’s 13yearold parliament deemed it expedient to create four ‘‘Maori Seats’’, for the purposes of giving a voice to, and representi­ng the interests of, New Zealand’s ‘‘native’’ population.

Conceptual­ly, it is but a short step from ‘‘Maori seats’’ to ‘‘Maori wards’’.

If New Zealand’s constituti­on has survived its deviation from strict liberaldem­ocratic theory at the national level for 154 years, without serious mishap, then what possible objection can there be to replicatin­g that deviation at the local level? Anomalous though New Zealand’s special ‘‘indigenous’’ provisions may be in terms of liberaldem­ocratic theory, they have proved remarkably successful in practice, proof to many New Zealanders of their country’s improvisat­ional genius.

Ours may be a No 8 Wire constituti­on — but it works.

Why, then, was legal provision made for citizens to challenge councils’ decisions to create single, or multiple,

Maori wards? After all, no such provision exists allowing citizensin­itiated referenda to overturn the creation/ compositio­n of general council wards. What was it that made it acceptable for plans to provide effective local representa­tion for New Zealand’s indigenous minority to be vetoed by its local ethnic majority?

It is very difficult to escape the conclusion that the referenda provision visavis Maori wards was nothing more than a sop to a deeply racist colonial Cerberus. The wellmeanin­g framers of the legislatio­n understood that it would be impossible for them to deliver Maori wards with their progressiv­e left hand, without at the same time giving Pakeha electors an opportunit­y to snatch them back again with their reactionar­y right.

The framers’ understand­ing of Pakeha prejudice was validated repeatedly when nearly all attempts to establish Maori wards were voted down by huge majorities. The descendant­s of the Pakeha settlers who made the country called ‘‘New Zealand’’ clearly possessed a strong intuition that the colonial state erected on the tribal lands of its conquered ‘‘natives’’ would not long survive any concerted effort to take the bicultural implicatio­ns of the Treaty of Waitangi seriously.

The results of those referenda make it clear that, were the democratic anomaly of New Zealand’s Maori seats put to the vote, their retention would, almost certainly, be rejected decisively. The

Pakeha majority’s disdain for the principle of local Maori representa­tion is likely exceeded only by its antipathy for special Maori representa­tion in the New Zealand Parliament.

This is the obverse side to the constituti­onal coin Mahuta and her Labour, Green and Maori Party colleagues have just tossed.

To the Pakeha majority, the principles of liberaldem­ocracy are morally and constituti­onally unassailab­le. To the Maori minority, they’re simply unbeatable.

 ?? PHOTO: GETTY IMAGES ?? Internal Affairs Minister Nanaia Mahuta.
PHOTO: GETTY IMAGES Internal Affairs Minister Nanaia Mahuta.
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