Category: Crime & Justice
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.
The iwi elite have been extraordinarily successful in persuading successive governments to progress their separatist agenda. Their takeover has 'captured' many of the country’s key institutions including much of the mainstream media, some of highest echelons of the Judiciary, the vast majority of our universities, and most State Sector agencies.
New Zealand’s Supreme Court – the highest court in our land - has been captured by activist judges. What is heartening, is the emergence of a wide range of eminent legal voices all openly criticising the Court and calling for this problem to be addressed..
Our finally completed election results need to be viewed on several levels. On the surface, the change of government was caused because Jacinda Ardern’s and Chris Hipkins’ Labour ministries were weak in personnel and unable to extract even respectable performance from the current feeble bureaucracy when dealing with bread and butter issues.
Labour has fundamentally undermined New Zealand’s criminal justice system since coming to power in 2017. The consequences are plain for all to see. It’s fixation with making the Maori incarceration statistics more “equitable” is dangerous. New Zealanders have a right to feel safe, and they must demand better from whoever becomes the government on October 14.
In the Ellis case, a majority of the New Zealand Supreme Court stated that tikanga was “the first law” of New Zealand. If the Supreme Court’s stance is confirmed in a case where such pronouncements are necessary, tikanga will apply generally within the common law of New Zealand. But “tikanga” cannot be the “first” law - because it is not “law” at all.
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