The secret ‘partnership’ deal between the Cook Islands and China caught our Government by surprise. It caused concern because it will bring the influence of one of the world’s most ambitious global superpowers much closer to New Zealand’s doorstep.
The Cook Islands, originally a New Zealand colony, became a self-governing Pacific nation in “free association” with our country in 1965.
As part of the Realm of New Zealand, the Cook Islands along with Niue, another self-governing state, and the Tokelau dependency not only relies on our country for defence and most foreign affairs, but anyone born there qualifies as a New Zealand citizen with the right to our passport.
As a result, most Cook Islanders live in New Zealand – only 18,000 live in Rarotonga and the other 14 islands that make up the nation, with over 80,000 living here and 22,000 in Australia.
In 2001, New Zealand and the Cook Islands signed a joint declaration which requires regular consultation on defence and security issues. That’s why news of the imminent deal with China blindsided our Coalition, and why they believe New Zealand should be involved in decision-making.
There’s widespread speculation that China’s motivation for forming stronger links with the Cook Islands extends far beyond resource extraction. While gaining access to fishing and seabed minerals is clearly a major factor, there’s unease that their interests are much more strategic.
Whatever their intentions, our government is right to be concerned.
The reality is that money talks and with an unlimited capacity to buy influence, a strategic alliance with a New Zealand Realm nation will extend Chinese authority deep into our region.
But there’s another reason why this development should concern every New Zealander – it could signal what’s in store for us if the Coalition fails to defend Parliamentary sovereignty.
The problem is this: if the Coalition refuses to honour its election pledge to amend the Marine and Coast Area Act to deliver what Parliament intended instead of what activist judges have ruled, New Zealand’s coast will end up in the hands of hundreds of tribal groups, who, at the stroke of a pen, could sign lucrative deals with China to exploit the invaluable mineral wealth in our seabed.
As the law stands right now, tribal interests are on the cusp of gaining Customary Marine Title to our entire coastline. That will give them full ownership of all non-nationalised minerals found in their area, such as cobalt, nickel, copper, manganese, and rare earths.
These minerals are like gold to China. They need them to maintain their global dominance in the manufacture of electronics and renewable energy technologies.
If the Coalition does not change the law as intended before Christmas, when the Supreme Court rushed out their highly controversial contrary judgement causing the Amendment Bill to be delayed, as sure as night follows day, deals will be done and the Chinese will end up extracting New Zealand’s mineral wealth, while tribal interests get rich from royalties channelled through their tax-free charitable trusts.
Is this what the Coalition wants for our country?
Because this is what will happen if they allow the judicial activists in the Supreme Court to defeat their plan to change the law.
This week’s NZCPR Guest Commentator, Roger Partridge, the Chairman of the New Zealand Initiative and a former Head of Bell Gully who strongly believes the Coalition should put the Supreme Court in its place, outlines the background to the case:
“Judicial activism should concern every New Zealander.
“A recent ruling about who controls our coastline suggests our highest court is trying to reshape laws made by Parliament, rather than just apply them.
“Even more concerning is the Court’s extraordinary haste in delivering its judgment, just as Parliament prepared to debate changes to the law.
“The timing was striking. The Court delivered its decision on the eve of Parliament’s scheduled debate by taking the unusual step of splitting its judgment in two. Rather than resolve the appeals between the parties before it, the Court rushed out its interpretation of the customary title test, leaving its decision on how the law should apply to the facts for later.
“This unusual approach suggests a Court more focused on influencing Parliament’s debate than on resolving the case before it. It suggests a court that sees itself more as a political player, than an impartial arbiter of disputes.”
Roger Partridge has been leading the call for the Coalition to rein in activist Courts and restore the supremacy of Parliament. He believes it is imperative that the Supreme Court is re-focussed on resolving disputes by applying the law as it is written, leaving lawmaking to our democratically elected representatives.
We could not agree more.
This matter is a real test for the Coalition.
If the Government allows itself to be intimidated and surrenders to a Court that is now openly promoting Maori supremacy by withdrawing a Bill it promised voters would restrict tribal claims to remote coastal areas instead of the whole coast, that would signal the first stage in the collapse of Parliamentary Sovereignty in New Zealand.
It would demonstrate to New Zealanders that the activists in the Supreme Court are in charge of law-making in this country, instead of our democratically elected Parliament.
Such a backdown by the Coalition would effectively be a nail in the coffin of democracy in New Zealand.
When the Coalition first came to office, while they pledged to fix many of the problems this country faced, all too often they have failed to follow through. As a result, the army of activists embedded by the Ardern administration in institutions throughout the public sector are taking advantage of this lack of oversight by snubbing Coalition directives.
Furthermore, for many voters, it’s not just the incompetence of the former Labour Government that’s causing them major concerns, but more the fact that they undermined democracy by empowering tribal leaders to co-govern New Zealand. By giving tribal groups the power of veto – without seeking any mandate whatsoever from voters – Labour effectively orchestrated a tribal takeover.
And, while the Coalition has attempted to reverse some of those changes, many others remain resolutely in place.
Meanwhile, instead of reaffirming the Coalition’s commitment to end race-based rights, Prime Minister Christopher Luxon has been promising those same tribal leaders, who have been undermining our democracy, even more power and control!
Has the PM been ‘captured’ – convinced by the elite of Maoridom, to support their He Puapua plan for tribal control by 2040?
Here are some extracts of a speech he gave to Ngai Tahu on Waitangi Day:
The Treaty is central to the history of New Zealand, and it is central to our future.
The Government’s role is to honour the Treaty, work in partnership with Māori, and ensure that the country continues in a spirit of Kotahitanga.
When Ngāi Tahu signed the Treaty of Waitangi in 1840, there was hope for partnership and protection.
Today, Ngāi Tahu is a tremendous force in New Zealand’s economy.
Ngāi Tahu’s values and aspirations resonate with those of my government…
Economic growth is the key to all of us getting ahead.
Many Iwi recognise that too – that’s why we have more than 20 Iwi-led or partnered projects on our Fast Track List, and we are partnering with iwi and Māori to build infrastructure around the regions.
We have partnered with Māori health organisations.
We are investing in social housing with Māori.
National Governments have always worked constructively and productively with Māori on Treaty issues while ensuring equal citizenship and equal opportunity for all New Zealanders.
That will continue under my government…
Today is a time to think about the New Zealand we want in 2040 – when we celebrate the 200th anniversary of the Treaty.
The Crown-Māori relationship will continue to be strong and built on respect and collaboration.
Iwi leaders and communities will continue to shape the political landscape with constructive partnerships that hold the Government accountable and work for the benefit of all.
By 2040, we will have fully embraced the idea that all of New Zealand benefits when iwi succeeds…
In his speech, the Prime Minister highlighted the progress of Ngai Tahu – but is he not concerned that this $2-billion business development corporation pays no tax?
He talks about the success of iwi, but none of these mega-rich tribal conglomerates pay any tax. They certainly do not contribute their ‘fair share’ towards the running of the country. That makes the PM’s claims that “all of New Zealand benefits when iwi succeeds”, disingenuous.
Christopher Luxon also says, “Ngāi Tahu’s values and aspirations resonate with those of my government”.
Is this the real reason the Marine and Coastal Area Act Amendment has not been passed into law? Has he been persuaded by tribal leaders that the proposed law change may dash their ambition to gain title to the whole of our coastline and Territorial Sea?
If that were the case, then our country would indeed be in an extremely precarious position and every New Zealander should be very worried about our future as a free and democratic society.
On the face of it, judging by the PM’s Waitangi Day speech and other comments he’s made, National’s leader appears blind to the public’s concerns about the threat that He Puapua and tribal control poses to our country and our way of life.
If that speculation is the reality, then he is the wrong person to be leading our country.
It’s as simple as that.
He needs to let us know where he stands on this crucial issue, because at the present time, he appears to be empowering Labour’s vision, instead of condemning it.
Right now, with the very real threat that the Chinese will move into Cook Island waters to begin extracting their mineral wealth, Prime Minister Luxon needs to take urgent action to ensure our own coastal waters are protected from tribal exploitation and a potential sell-out to the Chinese.
The Marine and Coastal Area Act (Customary Marine Title) Amendment Bill should be brought back to the top of the Order Paper without delay and passed into law – but with an important change.
Through its decision to rush out that highly political judgement to prevent the Government from changing the law, the Supreme Court has demonstrated that it cannot be trusted to interpret this law as Parliament intended. Accordingly, the Bill should be adjusted to annul the Supreme Court’s judgment interpreting the Marine and Coastal Area Act, in the same way that all other Court judgements – including those of the High Court and the Court of Appeal – are being overturned.
When National, ACT and New Zealand First announced they had formed a Government just after the 2023 election, they promised they would uphold democracy, equality, Parliamentary Sovereignty, and the Rule of Law.
They said they would end race-based rights and He Puapua.
And a majority of New Zealand voters were relieved and extremely grateful to at last have a government that recognised their concerns and was committed to make the necessary changes.
The point is that race is a sleeper issue in New Zealand. Like a cancer, it eats away at society creating deep and ugly divisions.
But while it is of crucial importance to voters, they tend to keep their views close to their chest.
It’s the Coalition’s failure to follow through on many of those essential changes they promised at the election, that’s causing voter disillusionment and their slide in the polls.
And a key part of the problem is the public’s perception of the Prime Minister.
He is increasingly regarded as being too weak and too woke.
We expect him to lead the way, clearly and decisively, instead of delivering speeches that make us wonder whether he actually supports tribal control instead of being determined to uphold his election promise to eliminate it and heal the country.
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THIS WEEK’S POLL ASKS:
*Should the Marine and Coastal Area (Customary Marine Title) Amendment Bill be passed into law as a matter of urgency?
*Poll comments are posted below.
*All NZCPR poll results can be seen in the Archive.
THIS WEEK’S POLL COMMENTS
| Absolutely! The Supreme Court is now a disgrace. There is no rule of law in our top appeal court. This is something the Coalition should have fixed when it first came to office instead of allowing it to drag on and create more chaos. Because that’s what the coastal claims process has turned into! | Dave |
| Chris Finlayson was the architect of the foreshore and seabed disaster. It should have been left in Crown ownership. I reckon if a party was genuine with a campaign promise to repeal the present law and restore Crown ownership, it would gain significant support. | Murray |
| Pass the Amendment Bill law before the courts can do more damage. And overhaul the legal system to bring back colour blind justice. | Paul |
| It’s unthinkable that National could back down on their law change, as that would play right into the hands of the Maori Party and their supporters who want to control the whole country. This is scary stuff. We need the Government to be strong and follow through on its election promises. | Brenda |
| The Bill should have been passed before Christmas. The Coalition should have stood up to those activist judges in the Supreme Court. They are a disgrace to their profession. | Simon |