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NZCPR CAMPAIGNS
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Anthony Willy
It is beyond question that nothing in the case suggests that the Treaty in any way creates a partnership between Maoris and The Crown or brings into question the legitimacy of our democracy. To argue the contrary on the basis of this court case is either ignorant or wilfully dishonest.
The other alternative to democracy and the free-market system and one gaining a lot of airtime among the “intelligentsia” in New Zealand is that of tribal control of the means of production and exchange whereby each tribe owns and controls its own assets and, human nature being what it is defends them from the covetous eyes of its neighbours.
The fundamental goal of Marxism remains the same, to destabilize existing democratic societies and substitute a new power elite which is the complete antithesis of the basic human yearning for personal freedom and participation of the masses in the governing of society. My case: nascent Marxism is alive and well in New Zealand...
For as long as this government stays in power and the courts continue to be populated with activist judges “not particularly learned in the detail of the law” New Zealand stands at a dangerous fork in the road.
The Judicial oath requires the newly appointed judge to discharge the office “without fear or favour affection or ill will.” It is well established that any criticism of a judge’s decisions should be moderate, factual, and tempered with respect. The consequences of a loss of public confidence in the office of Judge are incalculable.
At the heart of the judge’s reasoning is the notion that “Tikanga”, a partly spiritual partly cultural concept comprising a number of strands of behaviour by which it is now said that Maori society ordered its affairs in times past can somehow translate to rules of law relevant to the multi-ethnic, sophisticated, and complex society which New Zealand now is.
The places where the common law exists are among the most successful, settled, prosperous societies on earth enjoying the greatest degree of personal freedoms. Almost without exception they also enjoy democratic government which is protected by the Rule of Law.
There is no end to the Partnership demands which will be visited on the long-suffering majority of New Zealanders, demands which have no basis in law but which the current government shows every sign of supporting.
What this highlight is that when a government acts outside of the law during the term of a Parliament only the courts can hold them to account. Only they are the custodians of the Rule of Law.
Fear of widespread infection in the community of a virulent disease is now sufficient to lock people up in their homes and suspend Parliament. Really! This not the first such plague to affect New Zealand and it will not be the last. Yet this is the first time our civil liberties and our democracy have been suspended in order to minimise its effect on public health.