Category: Crime & Justice
While some claim the Supreme Court’s judgement was a major victory that would somehow make all the problems with the claims process go away, nothing could be further from the truth. Its decision has made a bad situation even worse by essentially pronouncing that “tikanga” should be at the heart of all decision-making over the claims process.
The Rule of Law requires that the legal principles relied on in any litigation must be certain, knowable in advance and applicable equally to all citizens. This introduction of notions of spirituality and ancient tribal practices for which there is no written record merely the recollections of claimants and their witnesses is the anthesis of a Rule of Law.
The battle for democracy is still raging as the Coalition Government defends Parliamentary sovereignty against attack by tribal leaders – along with their allies in the judiciary, the media, academia and State sector - who are using a ‘weaponized’ version of the Treaty to advance Maori sovereignty.
We stand at a constitutional crossroads. Will we allow our Supreme Court to continue its drift towards judicial supremacy? Or will Parliament act to restore the proper balance? The choice is clear. In our democracy, voters - through their elected representatives – should have the final say in shaping our laws, not unaccountable judges. It is time for Parliament to act.
Submissions on the Bill close October 15. Our submission can be seen below. We would urge all concerned New Zealanders to send in a submission...
As a result of the law changes, the judiciary is now on trial. Should they continue to prioritise tikanga, then the Marine and Coastal Area Act must be scrapped, and Crown ownership restored under the 2004 Foreshore and Seabed Act. New Zealand simply cannot afford to have activist judges effectively privatise our entire coastline to tribal interests.
The judgments in the High Court and Court of Appeal show how little regard some members of the judiciary have for the will of Parliament. In my view, the right thing to do would be to shut the door on customary title by returning the marine and coastal area to Crown ownership, managed for the benefit of all New Zealanders.
People are not stupid. If they are losing trust in our political institutions ~ and they are ~ it is not because of the evil machinations of the current government ~ which might actually do something to stop the rot, although probably not enough ~ and it is not because of some sinister right wing plot. People are losing trust in our institutions because those institutions no longer deserve our trust.
It has taken centuries for humanity to struggle and claw its way out of a swamp of ignorance and superstition to gain an understanding of the world, of the universe in which we live, and to use that understanding to create better lives for all. Yet, there are those who act as if they wish humanity to reverse course and return to a world of ignorance and superstition. I cannot comprehend how any rational person could honestly desire that to occur.
The intractable problems about this Judicial favouring of one group in our society above all others are plain to see: Nobody knows what the content of Tikanga is until some learned elder comes to the court with an explanation.
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