Announcement

Collapse
No announcement yet.

A warning to New Zealanders- keep hold of democracy

Collapse
X
Collapse
  •  

  • A warning to New Zealanders- keep hold of democracy

    Click image for larger version

Name:	Dame Anne.jpg
Views:	1
Size:	5.4 KB
ID:	24934

    In 2007, John Key, then Leader of the Opposition, gave a powerful speech to the New Zealand Press Club against the Electoral Finance Bill. He declared: "Here in New Zealand we often take our democratic freedoms for granted. We think they will always be there. We have a Bill of Rights which is supposed to protect our right to freedom of expression. What on earth could go wrong?"

    "I have a different view. I believe what Thomas Jefferson said - that the price of freedom is eternal vigilance. There are times when we have to stand up for our rights, and the rights of our neighbours and friends, and indeed the rights of people we totally disagree with, or else these rights will begin to erode away."

    I agree with these sentiments, absolutely. New Zealanders must stand up for their democratic rights when they are threatened, or they'll lose them.Who could have imagined that in 2013, this same political leader would be presiding over an assault upon the democratic rights of New Zealanders? This is a matter of such gravity that last month, the Law Society felt impelled to report to the United Nations that in New Zealand "a number of recent legislative measures are fundamentally in conflict with the rule of law".

    Extraordinary though it may seem, this statement is no more than the truth. In its report to the United Nations, the Law Society lists a series of recent acts that have allowed the Executive to use regulation to override Parliament, that deny citizens the right to legal representation and cancel their right to appeal to the courts to uphold their rights under the law.

    The Law Society also draws attention to the use of Supplementary Order Papers and urgency to avoid proper Parliamentary scrutiny of legislation. They express their concern that a number of bills formally declared by the Attorney-General to be in breach of the Bill of Rights have recently been enacted.

    This report does not mention other key defects in the law-making process in New Zealand at present. These include the willingness of a minority government to pass laws that impinge on the rights and wellbeing of New Zealanders at the request of foreign corporations - Warner Brothers, for instance, or SkyCity and various oil companies. None of these deals, which amount to "legislation for sale", can claim a democratic mandate.

    When a body as authoritative and dispassionate as the Law Society feels forced to report to the United Nations that the Government in New Zealand is acting in conflict with the rule of law, all New Zealanders should be very worried.

    The GCSB bill currently before Parliament, however, trumps all other recent breaches of democratic freedoms in New Zealand. The GCSB, an intelligence agency that was established to protect New Zealand citizens from external threats, is surrounded by scandal, including an improper process leading to the appointment of its director, an inglorious saga surrounding the arrest of Kim Dotcom and associates, and accusations that the agency has been illegally spying on New Zealanders.

    Under the proposed legislation, however, this dubious body would be transformed from a foreign intelligence agency into one with that spies on New Zealand citizens and residents. As the Law Society states in its submission, "The bill is intrusive. It is inconsistent with the rights to freedom of expression and freedom from unreasonable search or seizure under New Zealand law."

    The GCSB bill would give the agency sweeping powers, with the only effective controls in the hands of politicians. The fact that the bill is being dealt with under urgency raises further suspicions about its purposes and intentions.

    Given the recent record of legislative attacks on human rights in this country, very few New Zealanders could be confident that such powers, if granted, would not be abused for partisan political purposes.
    Today, the former GCSB director Sir Bruce Ferguson called for an "apolitical, but robust debate about this kind of legislation".

    Like the Law Society, he is speaking truth to power. When governments go feral, citizens of all political persuasions and from all backgrounds must stand up and demand that their representatives in Parliament - from whatever political party - do their job, and uphold democratic freedoms in New Zealand.

    If citizens and their representatives are supine while democratic rights are trampled, we are culpable, along with our leaders. Again, John Key's rousing speech to the Press Club in 2007 puts the case to perfection: "This is not just a poorly written bill. This is a dangerous bill. It is dangerous for all of us as individuals, it is dangerous for our democracy, and it is dangerous for New Zealand."

    We should rightly be proud of our democracy. It is a very real New Zealand achievement and we should celebrate it. A lot of other countries never made it. Plenty have tried democracy and let it slip through their fingers.A quiet, obedient, and docile population; a culture of passivity and apathy; a meek acceptance of what politicians say and do - these things are not consistent with democracy.

    A healthy democracy requires the active participation of citizens in public life and in public debates. Without this participation, democracy begins to wither and becomes the preserve of a small, select political elite."
    All I can say is, Amen.

    • Anthropologist and author Dame Anne Salmond is the current New Zealander of the Year.

    • Ugly Truth
      #1
      Ugly Truth commented
      Editing a comment
      a number of recent legislative measures are fundamentally in conflict with the rule of law
      rule of law:
      A legal principle, of general application, sanctioned by the recognition of authorities, and usually expressed in the form of a maxim or logical proposition. Called a "rule," because in doubtful or unforeseen cases it is a guide or norm for their decision. The rule of law, sometimes called "the supremacy of law", provides that decisions should be made by the application of known principles or laws without the intervention of discretion in their application. See e.g. Rule against perpetuities, supra; also, Shelley's Case, Rule in. Black's dictionary of law, 5th edition.

      The maxims of the rule of law are also known as the maxims of the common law. The nature of the common law is misrepresented as simply being case law by both the NZ judiciary and the NZ parliament. English common law was established by King Alfred the Great who based his legal code on aspects of Judaic law beginning with the ten commandments.

    • Ugly Truth
      #2
      Ugly Truth commented
      Editing a comment
      I hadn't heard of ochlocracy before now. The term originated as a perjorative for popular Roman rule, it is from Roman law that NZ gets its civil law. The civil law contrasts with the common law in that the goal of the common law is the well being of the people, while the civil law is more concerned with the will of the people, for example the UN doctrine that "the will of the people shall be the basis of the authority of government".
    Posting comments is disabled.

Latest Articles

Collapse

  • Judge Goddard refuses to answer MPs' questions
    by admin
    The former New Zealand judge who headed a UK inquiry into child sexual abuse has said she will not appear before British MPs to answer questions about her time in charge. Dame Lowell Goddard said for her to be summoned would compromise the inquiry's "independence and integrity". She also hit out at "malicious, defamatory attacks" by the British media and said she was disappointed the government had not defended her. British MPs have asked the former head of the child sex abuse inquiry to expl...
    11-11-2016, 11:47 AM
  • Judge Lowell Goddard's epic fail
    by admin
    Dame Lowell Goddard, the New Zealand judge who resigned last week as chair of the £100 million (N$183.5m) Independent Inquiry into Child Sexual Abuse (IICSA), did not leave her post voluntarily but was effectively fired. Dame Lowell, appointed by then-Home Secretary Theresa May just over a year ago, had already lost the confidence of senior staff and members of the inquiry panel, according to two well-placed legal sources. The Home Office has denied she was sacked, according to reports. After she ...
    09-08-2016, 10:07 AM
  • Sir Ngatata Love's lawyer claims agreement had no impact on Trust
    by admin
    Sir Ngatata Love's lawyer Colin Carruthers QC says the Serious Fraud Office (SFO) theory against his client is wrong, with a key agreement placing no financial cost on the Wellington Tenths Trust. The former leading Treaty of Waitangi negotiator and academic is on trial in the High Court at Wellington, accused of obtaining funds by deception, or alternatively of obtaining a secret commission.The charges relate to allegations that Love showed favour to Auckland property developer Redwood, and ...
    05-08-2016, 01:44 PM
  • Transport boss pleads guilty to corruption charges
    by admin
    The Serious Fraud Office says the guilty plea yesterday by an Auckland Council manager to corruption charges shows the dangers in not questioning a culture of gratuities. Barrie Kenneth James George, 69, this morning at the High Court at Auckland pleaded guilty to two charges of accepting bribes as a public official when he took gifts worth $103,580 between 2005 and 2012. The gifts included cash, and lavish overseas holidays for George and his family. SFO Director, Julie Read welcomed the guilty plea...
    04-08-2016, 09:40 AM
  • Identities of corrupt JP's stay secret
    by admin
    The identities of Justices of the Peace disciplined for incompetence, making false allegations or misusing their title for personal gain are being kept secret by the Ministry of Justice.In the case of the above JP Denis Selwyn Callesen of Keri Keri, the Crown Law Office even halted a private prosecution against Mr Callessen after evidence emerged that Mr Callessen and his former secretary Robin Morris had perverted the course of justice.

    The Ministry believes the privacy of...
    23-07-2016, 11:35 AM
  • Government funded escape artist Philip Smith found guilty
    by admin
    The murderer who embarrassed New Zealand law and border authorities by flying to Brazil while on temporary release from prison has been convicted for the audacious escape. Charges of escaping lawful custody and making a false statement to renew a passport have been added to Phillip John Smith's lengthy criminal record, along with murder, child sex abuse, kidnapping, tax fraud and arson. In an unusual legal procedure, a jury was chosen at the Auckland District Court today and the judge immedia...
    22-07-2016, 01:05 PM
Working...
X