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notices and features - Date published:
6:00 am, May 19th, 2025 - 24 comments
Categories: open mike -
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Open mike is your post.
For announcements, general discussion, whatever you choose.
The usual rules of good behaviour apply (see the Policy).
Step up to the mike …
From the PSA:
If you're in Wellington, join us on Budget Day to show the Government we don’t accept their Budget coming at the cost of fair pay for health, education, and community workers.
When: 1-2pm, Thursday 22 May
Where: Parliament Lawn, Wellington
A year ago, our regressive CoC govt disestablished the NZ Pay Equity Taskforce [Australia has a Workplace Gender Equality Agency, created by their govt’s Workplace Gender Equality Act 2012], and now they've rammed their Pay Equity Amendment Bill through under urgency – it's all about keeping NZ on a NAct track, and widening the Aussie/Kiwi gap.
Borrowing debt or tax revenue, which is the way to finance social democratic government?
https://archive.li/18srJ#selection-1003.1-1189.320
It's getting to the point where we need a stronger-mandated Supreme Court to stop fresh legislation being retrospectively applied. It degrades law as our basic mechanism of distributed justice.
What has happened to the claims that are underway is totally unjust.
can they take legal action against the government?
Unfortunately, no. In New Zealand, Parliament is sovereign. It can pass any law it likes, even if it's retrospective or extinguishes existing legal claims.
The courts cannot overturn an Act of Parliament, even if it’s manifestly unjust. As there’s no higher law than the will of Parliament.
As A.V. Dicey put it:
So once the legislation was passed, updating the law and extinguishing the existing pay equity claims, that was the end of the road legally.
The best the courts can do now is issue a declaration of inconsistency under the Bill of Rights Act. But that has no binding effect.
The only recourse left is political, not judicial.
It's one of those pesky, unfortunate downside risks of not having a codified constitution.
Yes – and if there was more judicial power to block legislation, then that might lead to obvious politicisation of judicial appointments – so leading us back circuitously into the domain of the political again.
I suppose this shows how important it is to keep the arteries of democracy unclogged. In particular (I think), purging it of the malevolent influence of money.
Therein lies the nub. There's no such thing as a perfect government since there's no such thing as perfect person. It's a problem that philosophers from Plato to Popper have spent literally thousands of years trying to solve without ever getting close.
Popper, at least, was wise to the danger: the very search for ideal governance courts authoritarianism. Better, he argued, to build systems that assume human imperfection, and are designed to self-correct.
I agree, though: whatever the cure for the failures and foibles of messy democracy may be, it is definitely not allowing those with wealth and status to distort public policy in their favour.
That path doesn't fix democracy: it replaces it.
Yes, although there is the concept of 'constitutional bedrock' Lord Cooke of Thorndon talked about in relation to parliamentary sovereignty in democratic societies like NZ and the UK. I can't think of an example of when the courts have felt the need to intervene. The Treaty Principles Bill wasn't about murdering blue-eyed babies at birth, but it could've been our Supreme Court's first test?
There's a lot of commentary about how the Regulatory Standards Bill proposes way more damage to Maori and the Treaty than the TPB. Perhaps this will be its first test instead?
https://ukconstitutionallaw.org/2021/11/25/ronan-cormacain-blue-eyed-babies-amnesties-sovereignty-of-parliament-and-the-rule-of-law-the-northern-ireland-legacy-proposals/
It very well could be. But how many divisions has the Chief Justice?
There’s no framework or precedent for the courts to override Parliament. Cooke’s theory of a “constitutional bedrock” is compelling: but it remains just that: a theory.
And even then, Parliament holds the trump card of direct popular legitimacy.
Testing Cooke’s idea would be a massive leap into the unknown and would almost certainly trigger a constitutional crisis. Especially in an era where backsliding democracies have used “the will of the people” to bulldoze proper checks and balances.
Just look at the Coalition of Chaos’s constant complaints about “activist” judges. It doesn’t take much imagination to see where that rhetoric leads.
Would the courts really take that risk: handing NZ First and ACT the perfect excuse to gut what little judicial review we have left?
Hard to imagine. The judiciary knows exactly how to read the room. One bold move and the opportunists would waste no time crying “judicial activism” and coming after the courts with a scalpel. Or a chainsaw.
The verdict and outcome of the court of public opinion might be swifter and harsher than of any judicial one.
I read this article and felt so disgusted by the comment from one of the patients at Middlemore Hospital who didn't want a Maori nurse with a Moko Kauae. It appears that this attitude is common in the older age group. Well, I'm 81 and would not carry on in a similar vein – I think Moko Kauae are beautiful and I often ask wearers to explain the 'story' behind the pattern to me. I vividely recall being in Middlemore Hospital in 1978 having an achilles tendon repaired after a game of tennis. I had my first encounter with a male nurse, which floored me momentarily, then I thought as long as he looks after me, I’m fine – he was a fabulous nurse and looked after me just fine.
I was pretty helpless at the time and had to have everything done for me as my leg had to stay very quiet and not be moved. https://www.nzherald.co.nz/kahu/maori-nurse-mary-parkinson-peni-alleges-racism-from-patients-at-middlemore-hospital/TLX5NCS6DBD6DBE5JBIA3NBACI/
https://www.stuff.co.nz/world-news/360693130/world-dumpster-fire-jacinda-ardern-tells-yale-graduates
Report of Jacinda Ardern to Yale University at graduation ceremony. Worth a read.
I especially liked this. "and crucially, that in this time of crisis and chaos leading with empathy is a strength.
“Empathy has never started a war, never sought to take the dignity of others, and empathy teaches you that power is interchangeable with another word, responsibility.”
post up now: Jacinda Ardern’s speech to Yale graduates: leading with empathy is a strength
https://thestandard.org.nz/jacinda-arderns-speech-to-yale-graduates-leading-with-empathy-is-a-strength/
Thanks, weka.
"Ko te manu e kai ana i te miro nōnā te ngahere, ko te manu e kai ana i te mātauranga nōnā te ao."
Literally translated, the whakataukī says ‘the forest belongs to the bird who feasts on the miro berry, the world belongs to the bird who feasts on education’.
As I said to my training college lecturer near graduation, "Time to go and get educated". How we have changed in 55 years. At graduation then, our academic address was given by the local university professor of German who spoke about Māori as being a second class language and not worth learning because it was full of borrowed words……
This was said to us in a language that has 80% of its vocabulary as 'loanwords'.
Now, a recent Prime Minister of ours refers to Aotearoa/New Zealand, starts her speech to Yale graduates with a Māori greeting and quotes the whakataukī above at the commencement.
The PM on the possibility of filibuster fall-out tomorrow and following (?) days:
https://www.rnz.co.nz/national/programmes/morningreport/audio/2018987719/pm-luxon-on-suspension-for-te-pati-maori-mps-over-haka [HT to Newsroom Newsletter]
Luxon, our current PM, has a warped view of Parliament and parliamentary debate, it seems. No wonder this/his government doesn’t engage, explain, justify, let alone excuse things, least of all to the public unless it suits their narrative and their agenda. At the end of the day, he sounds like someone who doesn’t want to be held up and held accountable because he’s got a plane to catch.
Only plain old basic focus this time, instead of his habitual laser focus? NZ public, you're being short-changed here!
https://en.wikipedia.org/wiki/Sharon_Murdoch
Congratulations to Sharon Murdoch, the News Publishers' Association Cartoonist/Animator of the Year for 2025.
https://npa.co.nz/voyager-media-awards/2025-winners/
Here's a sample of Murdoch's work, from the NPA link.
when's the next political poll due out?
Crikey the fast retirement of the Aratere ferry across Cook Strait is going to be a real resilience risk to New Zealand's interisland travel infrastructure.
BlueBridge is going to be rubbing their hands.
Is Bluebridge any better? They run 2nd /3rd hand boats and seem to replace them frequently, recipe for things breaking when the service is put under a bit of pressure.
Going to be some interesting questions for Nicola when the trucks are queued to Nauranga and crossing rates double.
The under-funding of primary health care is placing pressure on hospitals and after hours care (where people without a GP and or an appointment can go).
This is making an effort to provide public health services.
https://assets.nationbuilder.com/beachheroes/pages/40021/attachments/original/1747170885/Hauora-PolicyDoc-WEBVERSION.pdf?1747170885
A somewhat more limited approach.
https://www.rnz.co.nz/news/national/561409/budget-2025-new-funding-for-after-hours-care-not-going-to-go-very-far-gp-and-urgent-care-doctor
After hours clinics charge extra to patients not from clinics supporting them.
https://www.rnz.co.nz/news/national/561468/patients-paying-over-200-to-visit-after-hours-in-palmerston-north