Tuesday, April 01, 2025



How to deal with a kangaroo court

In November last year, Te Pāti Māori's Hana-Rawhiti Maipi-Clarke spoke for all of us when she led a haka against National's racist Treaty Principles Bill. National and its parliamentary patsies did not like that, so after kicking her out of the house for a day, they sought to drag her to Parliament's "Privileges Committee", the kangaroo court the government uses to persecute those who upset it in Parliament, in order to punish her a second time for the same offence. But Maipi-Clarke and the rest of Te Pāti Māori have told National's kangaroo court to go fuck itself:

Three Te Pāti Māori MPs who performed a tense haka in Parliament during the first reading of the Treaty Principles Bill last year say they are refusing to attend a hearing with Parliament's Privileges Committee over concerns their "fundamental" legal rights are being ignored.

[...]

In a media release, the party claimed that despite requests for a fair hearing, the Committee has denied key legal rights including the denial of a joint hearing, having their legal representation restricted, an expert testimony from Tā Pou Temara denied, hearing schedule conflicts being ignored and concerns Hana-Rawhiti Maipi-Clarke will face similar sanctions she got when the haka was performed.

Ngarewa-Packer said the decision to undermine basic legal practice perpetuates the "ongoing tyranny of the majority against Māori representation".

Te Pāti Māori are right. Denying those appearing before the committee legal representation and the right to call witnesses is a breach of fundamental rights. Section 27 BORA affirms the right of natural justice to everyone facing a tribunal or public authority with the power to make a determination about their rights or interests. That means fairness, impartiality, hearing both parties, and the right to legal representation when required. The Committee's actions fail to uphold those rights. But then, so does the Committee itself. Because the idea that a committee of MPs, on which the government has an automatic majority, which decides cases on partisan lines and which can impose arbitrary punishments is fair and impartial does not even pass the laugh test. Instead, it is a politicised pretence of "justice", specifically intended to persecute and punish anyone the government chooses. And anyone who pretends otherwise is trying to sell you something.

(And again, this government thinks they can be trusted with four-year terms when we have such a sore at the heart of our democracy. Again, they can get fucked).

So what's next? I guess the committee will reschedule, and hopefully in doing so they'll be reasonable. But even then, given their nature, there's simply no point in cooperating in any way with such a body. If they're going to disregard evidence to make a nakedly political decision, they should be forced to do so openly, rather than cloaking their persecution in a pretence of justice. And if they don't like being made to do so, well, maybe they shouldn't?