Is the NZ Government the result of a personal grudge?

We learned this week that Winston Peters, the 'kingmaker' in the recent coalition negotiations to form the New Zealand government, is suing four National Party members of parliament, including former prime minister Bill English and deputy Paula Bennett, over the leaking of information that he had been overpaid his state pension for seven years. Peters' lawsuit seems to be a fishing expedition with journalists, National Party officials and even the chief executive of the Ministry of Social Development (the government agency responsible for payment of the pension) being served papers.

The most concerning thing about this matter is not the overpayment itself or the speculative nature of Peters' legal action, but the fact that it reveals an obvious conflict of interest in the coalition negotiations. Peters swore an affidavit in support of his legal action the day before the election, meaning that he was involved in the lawsuit when he sat down to negotiate a possible coalition agreement with the very National Party leadership that he was suing. He should have declared this conflict of interest before the election so that voters could have taken the matter into account or, at the very least, prior to the coalition negotiations getting underway. Ideally he should have recused himself from the coalition discussions and decision-making of his party.

In view of this, it is unsurprising that Peters chose the Labour Party as his coalition partner. I have written before about how Labour and New Zealand First don’t even have a plurality in the new parliament and the fact that the National Party, which has more seats than Labour and New Zealand First combined, would be part of a government under any electoral process other than our shambolic MMP system.

The fact that Peters didn't declare his conflict of interest begs the question whether he entered the negotiations in good faith and whether he had any intention of forming a coalition with National. It makes a mockery of the coalition negotiations and casts further doubt on the legitimacy of the new coalition government. Peters may have a legitimate grievance over the leaking of his confidential superannuation details but that doesn't justify him holding the country to ransom and making decisions of constitutional importance on the basis of a personal grudge. The fact that this is even a possibility raises serious concerns about the health of our democracy.

Totalitarian instinct alive and well in New Zealand

Last weekend the New Zealand Deputy Prime Minister made some extraordinary comments at a press conference in announcing the ruling National Party's election policy on drugs. Paula Bennett, announcing a crackdown on criminal gangs manufacturing and dealing in illegal narcotics, said that the National Government, if re-elected, would give police the power to search the cars and houses of the most serious criminal gang members at any time, at the police's discretion. Bennett acknowledged that this would breach the human rights of the individuals concerned but justified the measure on the grounds that serious criminals "have fewer human rights than others". Prime Minister Bill English said he agreed with the proposal stating, "it's good that we don't have a written constitution it's enabled the country to deal with all sorts of issues in a practical effective way."

It is clear from these comments that neither English or Bennett understand the concept of human rights. They would do well to read Article 1 of the Universal Declaration of Human Rights, which says, "All human beings are born free and equal in dignity and rights." If they don't like that authority they could go to an older source, the United States Declaration of Independence, which states, "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights." Any other authoritative source says the same thing - rights are inherent, universal and equal in effect for all human beings. They are not entitlements to be granted or removed by governments at their discretion.

English and Bennett also fail to understand the purpose of a constitution, which is to constrain the government. Constitutions exist, often representing a long history of noble rebellion, because of the totalitarian instinct of all governments, just the sort of totalitarian instinct English and Bennett are now showing. The fact that New Zealand, like Britain, has a constitution based on inheritance and common law rather than a single written document, does not justify disregarding the rights it protects. The documents our constitution is based on, such as the Magna Carta Libertatum (Great Charter of Liberties - to give it its full and more appropriate name) and the English Bill of Rights, make it clear that all New Zealanders are entitled to due process under the law - exactly what Bennett and English seem only too ready to deny some of their citizens.

In my last post I wrote that despite this government's track record of enacting legislation that reduced the rights and freedoms of New Zealanders, I thought they were still the least bad choice in this month's election. I realise now that I was completely wrong. English and Bennett have shown their true colours and any government of which they are a part represents a serious threat to the freedom and democracy in this country. English has since tried to back-peddle on Bennett's comments about human rights, but this wasn't a mere mistake of language - the intent and rationale of what both of them said was clear and they were probably the most chilling words I have ever heard from New Zealand politicians.

John Key hasn't made NZ a better place

So John Key, Prime Minister of New Zealand for nearly three parliamentary terms, is to resign. Some of the more alarmist media have expressed shock, but others predicted it some time ago. My initial reaction was to tweet the above comment but on reflection I am not so sure that he has left the country no worse than he found it. Certainly it is not as good as it might have been after 8 years of government led by a National Party that is meant to stand for "equal citizenship and equal opportunity, individual freedom and choice, personal responsibility, competitive enterprise and reward for achievement, and limited government". John Key's government that has given us the notorious FATCA tax law, the draconian GCSB Amendment Act, a retreat from the principals of equality before the law and universal democratic suffrage, a heavy-handed and authoritarian response to the Christchurch earthquake that has hamstrung that city's recovery and the country's economic growth, and a myriad of other erosions of individual freedoms and expansions of government interference in our lives.

Some commentators have predicted that Judith Collins might follow Key as leader. Frankly, I think her selection would be electoral suicide for the National Party as Collins remains deeply unpopular after her resignation following various scandals during National's second term in office, despite Key reappointing her to Cabinet. The alternative seems to be Paula Bennett, but I doubt whether the latter has the necessary political presence and support amongst her colleagues to get the top job. The current deputy prime minister, Bill English, will be the caretaker until the National caucus votes on a new leader but he is hardly an inspiring choice to take the party into next year's election.

This country remains relatively free, prosperous and safe - perhaps one of the best places in the world to live based on these criteria, but under John Key the trend has not been positive and I hold out no hope that a new prime minister will reverse it.