The state of play with TPPA
- The original Trans-Pacific Partnership Agreement was signed by the 12 negotiating parties in Auckland on 4 February 2016, in the face of a massive protest led by tangata whenua.
- Japan and NZ completed their domestic processes to ratify (adopt) the original agreement during 2016.
- In January 2017 US President Trump withdrew the US’s participation from the TPPA.
- The 11 remaining countries met 7 times in 2017 to rescue the TPPA minus the US.
Each country tabled a list of provisions in the TPPA that it wanted removed or suspended. Apparently, NZ under the National government did table a list of requests, but that remains secret. The new Labour-NZ First government, supported by Greens, only had input into these negotiations at the very end.
Labour asked other TPPA countries to suspend the right of foreign investors to sue the NZ government in offshore tribunals over new laws and policies (investor-state dispute settlement/ISDS), but it failed.
Labour did not seek to make other changes or even suspend other provisions of concern to Maori.
- In December 2017 in Vietnam, the TPPA 11 agreed to suspend 20 items from the original text, pending the US’s re-entry; 4 matters remained to be finalised.
- In January 2018 in Tokyo the TPPA 11 announced a new deal, one year to the day from Trump’s withdrawal.
- Canada insisted that it needed changes to protect its culture sector. Reports say it also achieved changes on automobiles, although that was not on the list. These were done through side letters that remain secret.
- The TPPA-11 will contain the entire old agreement. 22 of the 1000+ original provisions have been suspended, pending US re-entry, but they have not been removed.
- The TPPA has been rebranded the Comprehensive and Progressive Agreement on Trans-Pacific Partnership (CPTPP or TPPA-11) even though the substance is the same at the old TPPA.
- They intend to sign the TPPA-11 agreement in Chile on 8 March 2018.
- The text of what they agreed remains secret. Japanese officials say the text will not be released until after it has been signed. The National Opposition, which ran the secretive negotiations, wants the text released.
- In January 2018 President Trump said he would consider re-entering the TPPA, but the terms would have to be more favourable to the US than the original agreement.
- The process for US re-entry will require consensus. Labour says some suspended items may never be re-activated. But the US domestic political processes mean any US re-entry will inevitably require more benefits to the US, not less.
- The TPPA-11 will reportedly come into force after 6 of the 11 parties have ratified it by completing their domestic processes. Again, the actual text of this provision has not been released.
The new government and the TPPA
- Labour, New Zealand First and the Greens all wrote dissents to the majority select committee report on the TPPA and said they would not support its ratification.
- Labour said the economic modelling was flawed and there must be a robust cost benefit analysis that includes impacts on jobs and on distribution, as well as a health impact assessment. Neither report has been done for the TPPA-11.
- Labour now claims the new TPPA-11 meets Labour’s 5 pre-conditions for change, but it does not: it provides market access for exporters (but it has no new economic analysis of net costs and benefits); it protects the Pharmac model for buying medicines (but the provisions are suspended not removed); the Treaty of Waitangi, the sovereign right to regulate and restrictions on foreign ownership of property are all protected (which they are not, see below).
- Winston Peters says the TPPA-11 is a very different deal from the one NZ First opposed and they will now support it. That is not true. The ISDS provisions and core protections for foreign investors that NZ First so staunchly opposed remain the same and have not even been suspended.
- Bew Zealand’s ratification of the ne TPPA-11 requires another round of submissions to the parliamentary select committee on which National has 4 of the 8 members, including the chair and deputy chair.
- If legislation is needed to implement the agreement, National has said it will vote with Labour and NZ First. The Greens remain opposed.
- So the parliamentary process is a foregone conclusion.
The Treaty of Waitangi Exception
The Treaty of Waitangi exception in the TPPA is a copy of one that was drafted in 2000 for the Singapore free trade agreement (FTA). The same exception has been rolled over in agreements since then, without any consultation with Māori, even though today’s agreements impose much greater restrictions on what governments can do.
Prime Minister Ardern says NZ ‘has an exemption that says it is always able to legislate and act to protect its obligations under the Treaty of Waitangi and that can’t be challenged by other nations’. That is not true.
Full details on the Treaty exception are here.
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itsourfuture.org.nz have a petition:
Despite saying they’d refuse to support ratification of the TPPA and demanding independent economic and health analyses, and promising a new inclusive approach to trade and investment agreements, the new ‘progressive’ TPPA-11 is the same as before, with a small number of provisions suspended for now.
And yet the Government says it intends to sign the TPPA-11 in Chile on 8 March 2018.The agreed text is still secret and we can’t see it until it is signed.
The threats to our regulatory sovereignty remain the same as with the original TPPA.
So we are inviting you to sign the petition to Parliament.
In summary, the petition calls on the Government not to sign the new Agreement,
to suspend negotiations for all similar deals,
not embark on new negotiations until they have developed the inclusive and progressive approach that they promised deals, and engage fully with Maori on protecting Te Tiriti.
It also calls on the Parliament to pass new laws that exclude the rights of foreign investors to sue the government (ISDS), and to require independent impact assessments on the economy, health, human rights, the environment and climate action, and a review by the Waitangi Tribunal, prior to signing any future agreement.
Sign the petition at dontdoit.nz
We request the House of Representatives to urge the Government to reject the revised Trans-Pacific Partnership Agreement, now known as the Comprehensive and Progressive Agreement on Trans-Pacific Partnership, and that the House revise the Standing Orders of the Parliament to ensure the process for negotiating and signing trade and investment agreements is more democratic, independently informed, and regularly feeds information back to the Parliament and the people.
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Nationwide public meetings are still being held, see here for details. Nelson 20 Feb – Christchurch 21 Feb – Dunedin 22 Feb
The video of the Auckland meeting, with Laila Harre (former MP and Cabinet Minister), Burcu Kilic (Public Citizen organisation in the US) and Jane Kelsey (law Professor at Auckland University and TPPA analyst).
Labour. Different colour, same government.
Neoliberalism was established by Labour.
Sadly there are still members of caucus wedded to that failed toxic ideology.
Jacinda is not fortunately.
I remain hopeful.
How can you read the post and think Jacinda is different and won’t sign the tppa?
I think it’s fair to say Labour think they’ll sign up under the guise of pragmatism, then be able to qriggle and roll their way out of its inevitable consequences under the guise of little steps to the left and their roots. (Over time, going forward, as a matter of fact, actually).
If it doesn’t work (AND IT COULD) it’s goodnight to him, and goodnight to her.
Signed the petition, will be at the 21st Feb meeting and 4th March protest.
We need to demonstrate to this imitation ‘caring, open and transparent’ government that we, the people, (at least, the thinking ones) do not support them selling us out to the corporates!
More power to the Greens for their sticking to principles – any agreement that needs the support of National to get it ratified cannot, simply cannot, be in the best interests of ALL New Zealand.
Signed the petition, will be at the 4th March protest.
I’ll be at the protest
“sod’em” (the pro CPTPPers)
the political priority for the left–as well as enjoying the much needed reforms the new govt. is offering–is to push for breaking the neo liberal consensus with the Nat party
Very clear update and explanation from Kelsey – and the March 4th day of action is an important one.
The new government selling out the left so soon is a very worrying sign – especially, as this agreement will impact on the kind of employment, labour legislation that this government can do in the future (as explained by Laila Harre in the video above).
The video is an important one to watch – especially Harre’s slot on labour laws and trade agreements. She’s currently researching and writing a thesis on labour laws and trade agreements. Harre is the third speaker in the vid.
The other two speakers provide important content, too – an update on what we’ve heard from these two in the past. Harre provides a new slant.
I would be interested to see what action is planned, we have protested, we have written to MP’s etc and this I think is 7th or 8th petition I have signed?
Nothing has changed, I hate to be bleak but nothing we have done has made any real difference nor will it, as the OP points out the parliamentary process is a foregone conclusion with national holding 4 of the 8 committee seats, most of the public find the TPPA (or what ever its called now) to be too complicated to understand fully, other’s support it for the perceived economic benefits it will provide their sector, the consequences don’t even register. (especially the “suspended clauses, most of which are terrible for NZ, including U’s archaic copyright system and pharmaceutical drug monopoly.) they can easily be re-added if the US decides to join along with other unknown sweeteners.
Yes I too have signed again and again and even donated to those working so hard to stop this thing. Just goes to show how out of touch and downright arrogant our political establishment has become. Wonder how long it will be before they become completely irrelevant and what happens thereafter? Corporate governance?
Now is not the time to buckle. It’s a new government, and we need to send a clear message that we are unhappy with them signing this.
As Kelsey said in the above video – some in the Labour caucus have respect for the anti-TPPA position. And we need to shift the balance in government to a more progressive one.
not talking about buckling, but what more can we do? when protesting, petitions direct letters to Mp’s etc, fails. No point repeating the same actions over and over again expecting different results.
Do we organise some sit/ins? or another campout?
No ones buckling. I’ll attend any protest and keep signing but the fact is they will still do this. Any change needs to come from beyond these parties. The new focus will need to be on repealing this thing.
There does need to be flax roots pressure for change.
The Greens are currently the only party standing firm on opposing the TPPA.
That is also why they need a co-leader who is not s government minister. She will be in a better position to strongly oppose policies that the GP does not agree with.
I also have wondered if we need a new left wing political party. But such a party will take some time to build, and it is not a foregone conclusion that it will be successful. In the mean time, the GP is the best party to engage with on some significant issues.
“The Greens are currently the only party standing firm on opposing the TPPA.”
If they felt that strongly about it – could they not withhold confidence and supply or something like that?
As it is – they are not changing anything and just letting it pass.
Bringing the government down, and risk an even worse kind of trade deal under a Nat government?
Nah. Withholding c & s at this point could just be counter productive. Better to pressure on the government with one foot in the tent, and one foot outside – and the people need to show where we stand.
And that’s exactly how Representative Democracy was designed. It wasn’t designed to provide democracy but to prevent it and it does that very well.
Action Station are hoping to raise money for an opinion survey. Details, and the place to contribute are here.
https://donate.actionstation.org.nz/TPPA11polling
I totally opposite this agreement which is just designed to try and limit the influence of other big nation and give companies to much power to do anything.
Japan is a neoliberals company run country that is not going to give us better trade deals we are best to look elsewhere for favourable trade deals. The good wise people on this site warned us of what is happening right now don’t let them con you that everything is going to be OK YEA RIGHT let hit the street in protest. Ana to kai.
Ka kite ano
What does this tell us all? Firstly our political establishment feels they can do what they like and do not have to take voters concerns seriously. Secondly we need new political parties to come on board and repeal this monstrosity because its as clear as day this mob plan to sign it come what may.
As to Labour and NZFirst. You can forget about ever getting my support as a voter ever again. More than that I wont be supporting any party that shows the slightest sign of aligning itself with either of you. If that means staying home come election day so be it. No point in wasting my day casting a vote for parties that don’t keep their promises.
Good. Going to the Greens I take it as there’s no other party to go to.
Here’s the thing: At the last election every single person who opposed the TPPA needed to vote Green as they are the only party that will stop it.
And that is cutting off your nose to spite your face.
We won’t get better governance by stopping governing.
“Going to the Greens I take it as there’s no other party to go to.”
The DSC will not be bound by treaties entered into without a mandate from Parliament or the people of New Zealand.
http://www.democrats.org.nz/Policy/tabid/70/ArticleId/1076/smid/994/ArticleCategory/117/Overseas-Trade.aspx
As much as they’ve got the right attitude and the right financial policies they’re still climate change deniers and that puts them out.
They don’t deny climate change. And while they don’t support the emissions trading scheme, they do support reducing carbon emissions. Moreover, unlike the Greens, they understand the need monetary reform plays in that.
Well at least you didn’t ask me for a citation.
“And that is cutting off your nose to spite your face.
We won’t get better governance by stopping governing.”
I wont be getting better governance or even worthwhile governance by voting for hypocrites either so I’m not sure if there’s a point there mate?
As to the Greens being the only alternative once there was no Greens party until there was. I’m not ruling out new parties and if you had taken the time to read my other comments you would have seen that is what I’m advocating.
If you by contrast want to keep going with this mob come what may that’s your business but my choice not to, is mine. Respect that.
Swapping and changing parties every election results in nothing changing. There’s comes a point where you actually have to choose a path and stick with it.
As you’ve identified, sticking with Labour or National or NZ1st will change nothing. The only party that actually represents change and has a chance of brining it about is the Green Party but they’re small ATM and so the change that they can bring about is also small.
To change that means that they need more support – not less.
Well, if NZ’s going to sign that, we may as well have a coup before the corporations basically get to do a coup anyway.
This is effectively a coup as you say. Its allowing foreign companies to control our country. That said will people be getting outraged and protest? I doubt it. As long as the TV remains on, there’s beer in the fridge, footy games, Netflix and the TAB all will be well……
We have been lied to again.
Labour’s pre election protest to TPP were a pile of bullshit
+1 Yep FAKE LEFT……
Some people don’t get it if water is not give a value that WAI will be used and abuse ie shit rubbish nitrates all poisoning water in 50 years time big neoliberals businesses will own most of the water and they know that big cities will pay the most for water $$$$$$$$
Like I have said before don’t be fooled by the neoliberals that Maori will starve the rest of Kiwis of water that is what neoliberalism big businesses do.
Maori just want to preserve water and our rivers and streams. The neoliberals run council are not even putting enough resources into caring for OUR WAI. Waste is still being pumped into a lot of rivers around Atoearoa.
When Maori get our rights to wai this will force the neoliberals Council to put more resources into cleaning up water. How do I no that big businesses will corner water w7ell that is happening in America at the minute Ana to kai
LOL 100% correct EM.
We are all Kiwis but Maori culture people still have our first right. If the Tpp 11 is sign into law big businesses will definitely get to control most of our water and will force the common people and Maori to pay a arm and a leg for water look around Papatuanukue now countrys are running out of water now try and think how valuable water will be in 50 years time. We haven’t even begun to talked about the aquathiers. Don’t get caught up in the big business spinning against MAORI rights that’s just a ploy to put a vail over our eyes so they can steal the right to water right under the common he tangata people nose come on neoliberals are deceit full not Maori if we were deceitful we would own everything the 1% own everything wake up to reality people. Here’s a link Maori want to preserve water and all the beautiful creatures that rely on clean water to survive Ka kite ano
Let’s accept Māori water rights
OPINION: The question of freshwater ownership is a political hot potato, but we shouldn’t be afraid of it.
Stuff that up here it is link
https://i.stuff.co.nz/national/politics/opinion/101463328/nz-shouldnt-be-afraid-to-accept-mori-have-legitimate-rights-to-freshwater
ECO MAORI Doesn’t like it when people start talking about a topic they get all emotional and have not even researched the TOPIC come on this the Internet you are on use it to educated your self before you go talking _____
Ana to kai
Well said @ 10 & 11 Eco Maori
National were setting NZ up for wholesale sale to overseas interests and all National trolls should be ashamed of themselves for blind trust in these crooks. called “National”.
Im assuming that you are talking about the TPPA?
That was started by Labour?
Which looks like it will be signed by Labour.
and yet you are blaming National for this?
Its easy for Labour to stop if they wanted to.
John Key has already signed it, did he not James? Do you know what John key signed NZ up to when much still remains secret? So is it that easy to just pull out? Why is Canada still haggling then? The P4 started by Labour was different to the beast it morphed into under the Nats though.
James ; – why did National sign the TPPA so quickly without even being “inclusive in 2017 and now Todd Barclay wants to see the agreement written text now”????
I commend Todd Barclay for requesting this now though, (pity other National MP’s haven’t stood with him on this).
Labour are now using the same tack, of hiding the text wording, I will sadly admit.
But one wrong seems to justify another party doing the same now!!
We have to break the ‘chain here’ and the circle both parties seem to be playing against us all to our detriment..
That’s right Cleangreen, in fact, John key signed it when the other countries were still in negotiations. Why was he so desperate?
Todd Barclay ?
But to be fair, Labour did say that when it’s finalized, they would release it.
As James has pointed out the TPPA was originally started under a Labour led administration.
So, Gosman? Does that excuse the Nats?
Agree Cleangreen, reckon John key and the Nats should be charged with treason.
“NZ under the National government did table a list of requests, but that remains secret.”
Why did this remain secret? The government has changed, did they see the list?
Hugely hypocritical of the Nats to demand the text be released now.
Question here.
If the terms of the TPPA/CPTPPA are so bad for NZ why would any politician (Left or right) support it?
Because big business wants it,and what big business wants,it gets.
Time will tell Gosman,
But you cant reverse an error in Judgement after you’ve made it can you with TPPA?
Can you say that we can repair the damage of a bad clause that puts our ability to control or protect our own economic futures or business interests or environment and health of our Nation?
That is why we should be firstly studying the fine print before signing such a shabby agreement that we aren’t allowed to see before we sign, would you sign an agreement before your legal professional reviewed it firstly?
We need to protect our own interests firstly people!!!!!
I thought that one can withdraw from the agreement on six months notice ?
Stunned Mullet if you do know this then why not post the link?
Most importantly;y show us that there are no penalty clauses that will bankrupt us as a country please should we do in six months after joining decide to “withdraw please?
Malice.
Sadly our government like our workers and big companies like Fletchers have lost their way and become ‘hopeless’.
Their drug of choice is neoliberalism.
Lange managed (probably by accident) to make the right call on NO Nukes into NZ and go out alone. It worked. The world respected it.
In the vogue article that Jacinda proudly mentions David Lange and his no nukes moment – ahem – that was 1985. So Labour are relying on something someone is labour did, 33 years ago that was brave. Obviously we have not seen anything like that since, from the Labour Party.
Labour does not have the guts to be brave anymore and stand up for our country.
It’s all Vogue magazines for the PM and beneath the covers the neoliberal soldiers on trying to make the zombie agreements work. (Mostly by keeping them secret so non neoliberal’s can’t point out the flaws).
It may not be democratic but a lack of democracy is in the spirit of both TPPA and neoliberalism and now infiltrating labour itself.
Apparently Jacinda thinks climate change is our nuclear free moment, but wait, apparently not much mention or plans for it in the noose, TPPA faux changes.
There is no economic, social or environmental reason for Labour to sign the TPPA, they know it will not be popular and not bode well for next election. But such is their strong need for their drug, they can’t bear to go on without it and face life sober of another path.
Labour have become so insecure about themselves that they can’t bear not be part of something and choosing to abstain from a global agreement that is not right, previous agreements have failed to deliver to the majority of the country on the criteria above (apart from overseas property sales). And even then NZ companies like Fletchers seems to have made a hash of it rather than capitalising on it.
People may be making money out of NZ and free trade agreements here, but it doesn’t seem to be a lot of the Kiwis who live here and their lives are getting worse under globalism.
Agreed 100% savenz.
This is a dead rat they are dishing out to labour to destroy them come the 2020 election that is what is the truth.
Remember the last time we ‘opened’ up our economy and axed subsidies….? Why would any government offshore its own authority to foreign interests? Maybe Don Brasch was right when he said it makes more economic sense to rent than owning our own…?
Prof. Kelsey’s analysis confirms the limited vision of NZ’s Labour party, determined to put the approaching ‘cyclone’ in the ‘too hard basket.’
In just a few generations, national and transnational corporates have accumulated phenomenal wealth, power and influence. Unsustainable growth, facilitated by globalisation and so-called ‘free trade’ agreements, is a fundamental principle of modern corporates, and that growth has now exceeded ‘our’ planet’s capacity to provide resources and buffer wastes. The CPTPPA is a recent manifestation of corporate culture’s total capture; governments are bought and paid for, even in litle-old corruption-free, ‘sovereign NZ’.
Corporate propaganda: Feed the machine, your path to ‘riches’.
So, folks, what it comes down to: who to believe, Jane Kelsey, or David Parker and Winstone Peters.
I know where my money is!
The NZ Labour Party has been pandering to (big) businesses for a long time now and pushing through the TPPA-11 (CPTPP) is merely a symbolic confirmation of this. Thus, I’d argue that signing or not signing is irrelevant and will make no difference to Labour’s servitude to businesses and the so-called economic imperatives – it’s the economy, stupid! By proxy, National and its neoliberal allies win, again. Status quo remains firmly in place, well-protected by the new Government.
The Institute of Directors – a group of so-called business leaders – in the UK has just now proposed a ‘hybrid’ Brexit deal in the form of a ‘partial customs union’, whatever that means. This is yet another example on how businesses influence or dominate, in fact, these trade deals and how they protect their own capitalists’ interests, first and foremost.
It is never about the people, is it?
It is always about the money, isn’t it?
Edit: the Government is not a business that needs to trade to make a profit but the Government is acting on behalf of businesses that (need to) trade to make a profit. It makes sure the game and its rules are rigged in favour of businesses. This appears to have become a more and more important purpose of the Government and is slowly crowding out the interests of the electorate and the nation as a whole.
Reckon Johnny Cash got it right concerning these globalists…
Johnny Cash-The_Man_Comes Around – YouTube
There you go if we sign the farcical ttp 11 contract we will end up just like America..
They cannot even control There
National Rilfe Association my sorrows got out to the parents grandparents of all the mokos who have been harmed because of this shameful organisation I am also sorry for having to use this topic as a way to educated KIWIS but one must use all the opportunities he can to guide Aotearoa down the road to sanity humanity and reality that the ttp 11 is just going to let companies and lobby groups to do what they want they will even be able to harm our mokos and there will be absolutely nothing we can do to stop the WAKE UP what’s happening in America is going to be our reality if we sign that contract. ANA TO KAI
Signing up to this agreement will not change our gun laws nor will it change our ability to amend the laws at a later date.
Stunned Mullet you suggested that NZ or anyone can withdraw six months after joining the TPP11. on 15.2.1
Stunned Mullet if you do know this then why not post the link?
Most importantly;y show us that there are no penalty clauses that will bankrupt us as a country please should we do in six months after joining decide to “withdraw please?
Rubbish. What if you ban Winchester, Glock et, al from selling guns into NZ.
Just the right thing for a case under ISDS.
But. What will actually happen, is, no NZ Government will even bother with laws further restricting gun sales, if the threat is made.
One mite think that America is not in the tpp11 let’s get this straight the tpp is designed by corporate America to benefit corporate America full stop Ka kite ano
For particular parties to have the right to bring lawsuits against the sovereign elected body of a particular jurisdiction for writing laws injurious to them is completely irrational and frankly mad. However the right have always written laws and manipulated the legislative system to favour money going into their pockets.
Maybe the best thing we could do at this point is change the overseas investment act so that we get only worthwhile investment and severely limit the amount of offshore investment to reduce our potential liabilities under TPPA.
Out goes clauses about providing money to other community organisations which can be turned into a bribe fest.
In comes requirements like:
– if there is a breach of the consents then any property involved in the consent is surrendered to the crown to be resold ( maybe with offer back rules to the original NZ seller) with the proceeds to be returned to the foreign investor after deducting all fees and charges. ( that would fix the foreign house buyer who buys or anyone else who doesn’t follow the consents)
– there must be no short or long term adverse environmental consequences, no creation of liabilities that have to be met from the public purse or control of publicly owned assets or those subject to the treaty of Waitangi during or after the term of the consent. Any use of publicly funded services must be paid for annually at the full market rate. – charge for road use and the like.
– any foreign owner challenging any regulatory law consent or other matter of public interest must fund the costs to the public purse. ( so small poor groups of ratepayers & the like can’t be priced out of arguments)
– any job creation must be at a salary that is at 10 times the minimum wage and these must stay for the entire time of the consent. Any existing jobs must be maintained by number & value adjusted by the same % as minimum wages rises.
To stop the job offshoring
– citizenship explicitly cannot be granted to any individual or group of people as part or in conjunction etc etc of such investment
– there must be land aggregation rules put in place ( and for the locals too)
– it must be explicit that the TPPA does not grandfather onto existing foreign investment
– Existing foreign investment must come into line with these rules over a 5-10 year period.
where are the factories and added value from our current production ??
At the moment foreign investment seems to be more concerned with strip mining the country
The MFAT analysis I’ve seen would get an academic or private sector employee dismissed for bias. They count $600 million per annum in tariff reductions as a credit, but little or none of that will in fact return to NZ suppliers – at best we might see a modest increase in returns and trade volumes. So MFAT are lying to sell the agreement.
When a salesman starts lying you don’t buy their product. You know that they know it’s a lousy deal.
Stuart. Representing NZ interests is a bias and anti TPP? Really? Wow and really sad, and tragic.
They’re not representing NZ’s interests Philg – they’re lying, and the reason they’re lying is that they have no case to make.
If the benefits were real, the proper thing to do in a democracy would have been to present the full cost benefit analysis. Sadly, MFAT are so incompetent and corrupt they haven’t even done one.
You don’t seem to be much better.
I’ve noticed you sledging me before – how about you come up with something factual to leaven your otherwise undiluted piffle?