Written By:
mickysavage - Date published:
1:50 pm, September 4th, 2024 - 20 comments
Categories: Christopher Luxon, Judith Collins, law, law and "order", Shane Jones, winston peters -
Tags:
Shane Jones has been getting into the news recently after his comment that High Court Judge Cheryl Gwyn was a communist made at a private meeting was revealed in the media.
Yes Judge Cheryl Gwyn has some historical links to the far left. Back in the 1980s when she was a young freezing worker she was linked to the Socialist Action League.
Since then she has obviously moved away from that world view. She worked at two large private law firms, then as deputy secretary for Justice at the Ministry of Justice a role which included representing New Zealand at the United Nations, then as a deputy Solicitor-General, before being made Inspector-General of Intelligence and Security in 2014 by the John Key Government. She was then appointed to the bench in 2019.
I am sure she would have been vetted continuously and obviously if there were any issues she would not have been appointed to any of the Government roles, each of which require the highest security clearances imaginable.
This did not stop Jones from privately smearing her and casting doubt on a decision she had made awarding a Customary Marine Title to Māori.
Jones subsequently described his comment as the deployment of rhetoric.
Asked about it in Parliament Christopher Luxon showed his weakness by saying that the word was “descriptive not critical” and “[t]hey might not be the words that I’d use, but he’s perfectly free to do so”.
This was an extraordinary thing for a Prime Minister to say given that the Cabinet Manual says “Ministers should not express any views that are likely to be publicised if they could be regarded as reflecting adversely on the impartiality, personal views, or ability of any judge.”
Ministers are answerable to the Prime Minister. The buck well and truly stops there.
And it has been left to Winston Peters to resolve this matter.
From Jamie Ensor at the Herald:
Deputy Prime Minister and New Zealand First leader Winston Peters has decided to “side with Judith” over his MP Shane Jones’ controversial “communist” judge remark, saying “it should not have been said”.
Jones yesterday told the Herald he would focus on policy rather than personality after Judith Collins, the Attorney-General, “sought to school” him on the principles of mutual respect between ministers and the judiciary.
The senior minister raised eyebrows after officials’ notes from a May meeting between ministers and seafood industry representatives showed he referred to High Court Justice Cheryl Gwyn as a “communist”. While defending that comment, he went on to say there were “elements of totalitarianism” in the “creep” of some judicial decisions.
Peters explained the situation in a way that Luxon could not when he said:
I’m afraid I have to side with Judith on this matter. I said to Shane, I know how frustrating it is, but frankly, the separation between the courts and politics is a critical part to our democracy, it is why we have a quality democracy. The lack of separation in other countries means they have no democracy at all. It is a serious issue we are defending here.”
Maria Dew of the New Zealand Bar Association was right on the money when she said this:
This cannot be explained away as simply ‘political rhetoric’ by politicians, when ministers of the Crown owe duties to uphold the role of judges. Barristers in New Zealand are concerned about this. We recognise it is not healthy for our institutions …
It is fundamental for our democracy that judges are not the subject of personal attack or criticism by ministers that may risk judges being restricted in their role. Judges must be capable of being able to freely play their independent constitutional role in Aotearoa New Zealand.
Jones has been engaged in Trumpian attacks on the Waitangi Tribunal and now on the bench for far too long. It is good that he has been “schooled” on what is and is not appropriate. But Luxon’s failure to deal with this immediately shows a concerning lack of leadership.
Luxon as the stereotypical CEO puts fingers in his ears and sings,La la…La….la Didnt hear a thing.. ….Winston will have to deal with it…not my responsibilty,
…and in the private sector, distancing himself from the comment would be the best approach.
As PM, it speaks of:
Lack of understanding of parliamentary rulebook
Lack of leadership
Downplaying the rights of individuals not to be demonised by the relative freedom of Ministers to be above some of the laws that the rest of us have to live by.
Peters instinctively knew when not to brush it off, so he came out looking better than Luxon.
…and so what if Cheryl does lean to communism? She's been appointed as a judge, not a political figure. One of the features of a democracy vs totalitarian state is freedom of thought. I wonder what sort of government Shane Jones thinks he is a part of.
But we all know Winston won’t.
Luxon probably does not know the difference between communism and totalitarianism, to be totally honest with you.
Elements of totalitarianism, like limiting customary fishing rights to 5% of the coast … or is that 5% short of …
Does anyone with even half a brain imagine Cheryl Gwyn would have been chosen for an oversight role of the NZ State Security apparatus if she was a currently practising commo?
Masturbation Jones just went in for innuendo effect as per usual. The Cabinet Manual is clear that the Judiciary should be hands off for Ministers.
However, there is no problem with communists in my world view anyway, they are often the hardest working, most patriotic and uniting people you could hope to find. Think Keith Locke…the SAL–Socialist Action League was a relatively mild marxist party of largely younger people that was supported by students and workers in their internationalist causes.
If people are going to be pilloried for previous involvements I would suggest David Seymour be looked at regarding Atlas Network and its links to Pinochet, Chicago Boys, Reagan, Thatcher and other dodgy right wing tendencies.
I think Seymour, and every other rightie would be happy to be associated with the philosophies of Reagan and Thatcher. They would welcome anyone looking at that as they essentially still follow the same play book.
SAL, Victoria University campus at orientation – the SUP supported the ANC (the Stalinists), SAL the PAC – remember Steve Biko. 1981.
It was a long time ago now, I was in Biko squad that winter of 1981 in Auckland with the MOST coalition. Can’t remember who the SAL supported, but John Minto and the HART tops that worked from the Auckland Trade Union Center, as I did, in Grey Lynn certainly supported PAC.
And looking back they were right, because the ANC was more a nationalist rather than socialist movement. Back in those days though who wanted to be snitchy about people like Nelson Mandela that had been to hell in jail for many years. The ANC had the huge misfortune to assume office at the height of neo liberalism, and corporate power remaining in SA was part of the price of their victory.
Yeah, the PAC was pan African – but with a duality. First black and proud consciousness (a bit like our tu tangata of that time) and second working class solidarity.
https://paperspast.natlib.govt.nz/periodicals/KAEA19791201.2.8
https://teara.govt.nz/en/photograph/41084/tu-tangata-wananga-whakatauira-1981
Shane Jones NZF lunchtime porno watching advocate and in the last coalition Minister responsible for planting a billion invisable trees. Like Winston, Jones has become a millionaire by supporting right wing prejudice and power. Everyone can be bought. Money trumps principle and concience every time
Jones needs to go back to the private sector boards or just retire.
Has done great work for the regions, but just too coarse now for government.
His OPPO research file must now be massive.
The minister for porn is working for the private sector, but not officially.
But like most of the political right he hasn't a clue what communism really is.
It isn't an ideology, it is a political organizational system based (often superficially) on Marxism ideology.
He needs to understand that Communism and Totalitarianism are at either ends of the Political Spectrum one left and one right.
But they use the same tactics against their opponents – violence, intimidation and repression.
He should stick to looking at his magazines.
He needs to understand that Communism and Totalitarianism are at either ends of the Political Spectrum one left and one right.
Shane Jones is obsessed with Shane Jones. There's a word for that.
Following in the same vein as his boss Gerry Winston.