• An unusual decision - worth thinking about

    From Rich80105@21:1/5 to All on Thu Apr 25 11:39:12 2024
    https://norightturn.blogspot.com/2024/04/comity-versus-rule-of-law.html

    This is a timely issue for New Zealand, as we become bemused by the
    claims by Trump that he should not have to appear in court . . .

    Is our legal system any better than that of the USA? Are our senior
    judges so beholden to the executive of Parliament that they cannot do
    their job properly? I agree that an appeal is desirable, even though
    that may take up more than the time available before the ACt1stN
    government pushes legislation through . . .

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Crash@21:1/5 to All on Thu Apr 25 14:20:18 2024
    On Thu, 25 Apr 2024 11:39:12 +1200, Rich80105 <Rich80105@hotmail.com>
    wrote:

    https://norightturn.blogspot.com/2024/04/comity-versus-rule-of-law.html

    This is a timely issue for New Zealand, as we become bemused by the
    claims by Trump that he should not have to appear in court . . .

    Really? This is of passing interest, given that it is impossible to
    read or watch any news outlet without being confronted by it.

    Is our legal system any better than that of the USA? Are our senior
    judges so beholden to the executive of Parliament that they cannot do
    their job properly? I agree that an appeal is desirable, even though
    that may take up more than the time available before the ACt1stN
    government pushes legislation through . . .

    The legal system in the USA is vastly different to ours.

    Why does the Waitangi Tribunal feel it can summons a Cabinet Minister
    about proposed legislation changes? The next logical extension of
    that is that Parliament is no longer the highest court in NZ.


    --
    Crash McBash

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Tony@21:1/5 to Rich80105@hotmail.com on Thu Apr 25 02:57:53 2024
    Rich80105 <Rich80105@hotmail.com> wrote: >https://norightturn.blogspot.com/2024/04/comity-versus-rule-of-law.html

    This is a timely issue for New Zealand, as we become bemused by the
    claims by Trump that he should not have to appear in court . . .

    Is our legal system any better than that of the USA? Are our senior
    judges so beholden to the executive of Parliament that they cannot do
    their job properly? I agree that an appeal is desirable, even though
    that may take up more than the time available before the ACt1stN
    government pushes legislation through . . .
    Parliament is the highest court in this country. Period. Nothing and nobody has any greater authority.
    This is such a simple comcept that your favourite left wing blog simply cannot understand it, or chooses not to.
    It has zero to do with Trump or any other country.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Rich80105@21:1/5 to All on Thu Apr 25 15:33:53 2024
    On Thu, 25 Apr 2024 14:20:18 +1200, Crash <nogood@dontbother.invalid>
    wrote:

    On Thu, 25 Apr 2024 11:39:12 +1200, Rich80105 <Rich80105@hotmail.com>
    wrote:

    https://norightturn.blogspot.com/2024/04/comity-versus-rule-of-law.html

    This is a timely issue for New Zealand, as we become bemused by the
    claims by Trump that he should not have to appear in court . . .

    Really? This is of passing interest, given that it is impossible to
    read or watch any news outlet without being confronted by it.

    Is our legal system any better than that of the USA? Are our senior
    judges so beholden to the executive of Parliament that they cannot do
    their job properly? I agree that an appeal is desirable, even though
    that may take up more than the time available before the ACt1stN
    government pushes legislation through . . .

    The legal system in the USA is vastly different to ours.

    Why does the Waitangi Tribunal feel it can summons a Cabinet Minister
    about proposed legislation changes?
    Because it is a Commission of Inquiry, and it is its job to enquire. A
    bit like the Ombudsman and the Auditor General - they are given
    authority by Parliament to do their work without fear or favour. Even
    in the USA, Trump has been required to appear before a body authorised
    to demand that. The High Court seems to think that the Waitangi
    Tribunal should not demand what they are entitled to.
    Read here:
    https://www.courtsofnz.govt.nz/assets/cases/2024/2024-NZHC-931.pdf

    In effect, the Court is saying that because the Minister was
    effectively not involved in the decision, which was made by Seymour,
    Peters and Luxon, and because the department had provided a lot of
    information, the attendance of the Minister was not critical for the
    Tribunal (my words, though so there may be implications I have
    missed).

    The next logical extension of
    that is that Parliament is no longer the highest court in NZ.
    And that is because Parliament is not a court. Yes Parliament sets
    laws, but it is up to various agencies (most often the police and the
    courts, but others as well) to see that they are enforced

    The issue at stake is in one sense whether it is lawful for Parliament
    to set aside a Treaty made to end a War subject to firm and clear
    promises by the Crown to Maori and their descendents forever. The
    Treaty has been supported by previous governments; with some parties
    being adamant that a contract gives rise to commitments that must be
    honoured. Seymour, Peters and Luxon appear to be saying that whether
    or not it is dishonourable, they are going to put their little
    agreement as a priority to force Parliament to make decisions on
    behalf of the Crown to no honour the Treaty. Would you be happy to
    sign a contract with anyone who has shown that they are prepared to
    break a contract should they think that is in their interests? What
    word would you use for people that are responsible for meeting
    obligations under a contract and unilaterally decide that they will
    ignore the contract?

    At the least they are being irresponsible and bringing the New Zealand Government into disrepute - are they the sort of scumbags that there
    actions are now telling all New Zealanders, not just Maori, that they
    cannot be trusted to meet their obligations under contracts?

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Tony@21:1/5 to Rich80105@hotmail.com on Thu Apr 25 04:37:03 2024
    Rich80105 <Rich80105@hotmail.com> wrote:
    On Thu, 25 Apr 2024 14:20:18 +1200, Crash <nogood@dontbother.invalid>
    wrote:

    On Thu, 25 Apr 2024 11:39:12 +1200, Rich80105 <Rich80105@hotmail.com> >>wrote:

    https://norightturn.blogspot.com/2024/04/comity-versus-rule-of-law.html

    This is a timely issue for New Zealand, as we become bemused by the >>>claims by Trump that he should not have to appear in court . . .

    Really? This is of passing interest, given that it is impossible to
    read or watch any news outlet without being confronted by it.

    Is our legal system any better than that of the USA? Are our senior >>>judges so beholden to the executive of Parliament that they cannot do >>>their job properly? I agree that an appeal is desirable, even though
    that may take up more than the time available before the ACt1stN >>>government pushes legislation through . . .

    The legal system in the USA is vastly different to ours.

    Why does the Waitangi Tribunal feel it can summons a Cabinet Minister
    about proposed legislation changes?
    Because it is a Commission of Inquiry, and it is its job to enquire. A
    bit like the Ombudsman and the Auditor General - they are given
    authority by Parliament to do their work without fear or favour. Even
    in the USA, Trump has been required to appear before a body authorised
    to demand that. The High Court seems to think that the Waitangi
    Tribunal should not demand what they are entitled to.
    Read here:
    https://www.courtsofnz.govt.nz/assets/cases/2024/2024-NZHC-931.pdf

    In effect, the Court is saying that because the Minister was
    effectively not involved in the decision, which was made by Seymour,
    Peters and Luxon, and because the department had provided a lot of >information, the attendance of the Minister was not critical for the
    Tribunal (my words, though so there may be implications I have
    missed).

    The next logical extension of
    that is that Parliament is no longer the highest court in NZ.
    And that is because Parliament is not a court. Yes Parliament sets
    laws, but it is up to various agencies (most often the police and the
    courts, but others as well) to see that they are enforced

    The issue at stake is in one sense whether it is lawful for Parliament
    to set aside a Treaty made to end a War subject to firm and clear
    promises by the Crown to Maori and their descendents forever. The
    Treaty has been supported by previous governments; with some parties
    being adamant that a contract gives rise to commitments that must be >honoured. Seymour, Peters and Luxon appear to be saying that whether
    or not it is dishonourable, they are going to put their little
    agreement as a priority to force Parliament to make decisions on
    behalf of the Crown to no honour the Treaty. Would you be happy to
    sign a contract with anyone who has shown that they are prepared to
    break a contract should they think that is in their interests? What
    word would you use for people that are responsible for meeting
    obligations under a contract and unilaterally decide that they will
    ignore the contract?

    At the least they are being irresponsible and bringing the New Zealand >Government into disrepute - are they the sort of scumbags that there
    actions are now telling all New Zealanders, not just Maori, that they
    cannot be trusted to meet their obligations under contracts?
    The treaty is not and never has been a contract. Parliament is above all of our courts. It is actually that simple. They can do whatever they decide - fortunately so far, apart from tha last parliament, our elected body has behaved reasonably well in the absence of a written constitution.
    This entire issue has no importance because it is ethereal and motivated by politics not law.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Rich80105@21:1/5 to lizandtony@orcon.net.nz on Thu Apr 25 17:27:18 2024
    On Thu, 25 Apr 2024 04:37:03 -0000 (UTC), Tony
    <lizandtony@orcon.net.nz> wrote:

    Rich80105 <Rich80105@hotmail.com> wrote:
    On Thu, 25 Apr 2024 14:20:18 +1200, Crash <nogood@dontbother.invalid> >>wrote:

    On Thu, 25 Apr 2024 11:39:12 +1200, Rich80105 <Rich80105@hotmail.com> >>>wrote:

    https://norightturn.blogspot.com/2024/04/comity-versus-rule-of-law.html >>>>
    This is a timely issue for New Zealand, as we become bemused by the >>>>claims by Trump that he should not have to appear in court . . .

    Really? This is of passing interest, given that it is impossible to
    read or watch any news outlet without being confronted by it.

    Is our legal system any better than that of the USA? Are our senior >>>>judges so beholden to the executive of Parliament that they cannot do >>>>their job properly? I agree that an appeal is desirable, even though >>>>that may take up more than the time available before the ACt1stN >>>>government pushes legislation through . . .

    The legal system in the USA is vastly different to ours.

    Why does the Waitangi Tribunal feel it can summons a Cabinet Minister >>>about proposed legislation changes?
    Because it is a Commission of Inquiry, and it is its job to enquire. A
    bit like the Ombudsman and the Auditor General - they are given
    authority by Parliament to do their work without fear or favour. Even
    in the USA, Trump has been required to appear before a body authorised
    to demand that. The High Court seems to think that the Waitangi
    Tribunal should not demand what they are entitled to.
    Read here: >>https://www.courtsofnz.govt.nz/assets/cases/2024/2024-NZHC-931.pdf

    In effect, the Court is saying that because the Minister was
    effectively not involved in the decision, which was made by Seymour,
    Peters and Luxon, and because the department had provided a lot of >>information, the attendance of the Minister was not critical for the >>Tribunal (my words, though so there may be implications I have
    missed).

    The next logical extension of
    that is that Parliament is no longer the highest court in NZ.
    And that is because Parliament is not a court. Yes Parliament sets
    laws, but it is up to various agencies (most often the police and the >>courts, but others as well) to see that they are enforced

    The issue at stake is in one sense whether it is lawful for Parliament
    to set aside a Treaty made to end a War subject to firm and clear
    promises by the Crown to Maori and their descendents forever. The
    Treaty has been supported by previous governments; with some parties
    being adamant that a contract gives rise to commitments that must be >>honoured. Seymour, Peters and Luxon appear to be saying that whether
    or not it is dishonourable, they are going to put their little
    agreement as a priority to force Parliament to make decisions on
    behalf of the Crown to no honour the Treaty. Would you be happy to
    sign a contract with anyone who has shown that they are prepared to
    break a contract should they think that is in their interests? What
    word would you use for people that are responsible for meeting
    obligations under a contract and unilaterally decide that they will
    ignore the contract?

    At the least they are being irresponsible and bringing the New Zealand >>Government into disrepute - are they the sort of scumbags that there >>actions are now telling all New Zealanders, not just Maori, that they >>cannot be trusted to meet their obligations under contracts?
    The treaty is not and never has been a contract. Parliament is above all of our
    courts. It is actually that simple. They can do whatever they decide - >fortunately so far, apart from tha last parliament, our elected body has >behaved reasonably well in the absence of a written constitution.
    This entire issue has no importance because it is ethereal and motivated by >politics not law.
    The Contract was made by Representatives of the Queen, a long time
    before the NZ Parliament was formed, and the responsibility for
    honouring that fundamental contract between two people gradually
    devolved to the New Zealand Government as we moved from being a Colony
    to become an semi-independent state under the Statute of Westminster,
    to now being a fully independent country.

    No New Zealand government before now has reneged on a major documented agreement - in this case an agreement that was made between two
    peoples over 150 years ago. Successive government have honoured the
    Treaty and reached honourable settlements relating to many historic
    claims that were found to be justified. Nothing indicates the lack of
    acumen, knowledge and honour of Christopher Luxon, Winston Peters and
    David Seymour more than the attempts that they are now making to
    pretend that Parliament is bound by a private agreement between those
    three people; it remains to be seen whether sufficient MPs in any of
    those parties are sufficiently honourable to vote against legislation
    that would gravely reduce the trust in New Zealand that is needed for
    effective international agreements . . .

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Rich80105@21:1/5 to lizandtony@orcon.net.nz on Thu Apr 25 19:35:15 2024
    On Thu, 25 Apr 2024 07:29:28 -0000 (UTC), Tony
    <lizandtony@orcon.net.nz> wrote:

    Rich80105 <Rich80105@hotmail.com> wrote:
    On Thu, 25 Apr 2024 04:37:03 -0000 (UTC), Tony
    <lizandtony@orcon.net.nz> wrote:

    Rich80105 <Rich80105@hotmail.com> wrote:
    On Thu, 25 Apr 2024 14:20:18 +1200, Crash <nogood@dontbother.invalid> >>>>wrote:

    On Thu, 25 Apr 2024 11:39:12 +1200, Rich80105 <Rich80105@hotmail.com> >>>>>wrote:
    https://norightturn.blogspot.com/2024/04/comity-versus-rule-of-law.html >>>>>>
    This is a timely issue for New Zealand, as we become bemused by the >>>>>>claims by Trump that he should not have to appear in court . . .

    Really? This is of passing interest, given that it is impossible to >>>>>read or watch any news outlet without being confronted by it.

    Is our legal system any better than that of the USA? Are our senior >>>>>>judges so beholden to the executive of Parliament that they cannot do >>>>>>their job properly? I agree that an appeal is desirable, even though >>>>>>that may take up more than the time available before the ACt1stN >>>>>>government pushes legislation through . . .

    The legal system in the USA is vastly different to ours.

    Why does the Waitangi Tribunal feel it can summons a Cabinet Minister >>>>>about proposed legislation changes?
    Because it is a Commission of Inquiry, and it is its job to enquire. A >>>>bit like the Ombudsman and the Auditor General - they are given >>>>authority by Parliament to do their work without fear or favour. Even >>>>in the USA, Trump has been required to appear before a body authorised >>>>to demand that. The High Court seems to think that the Waitangi >>>>Tribunal should not demand what they are entitled to.
    Read here: >>>>https://www.courtsofnz.govt.nz/assets/cases/2024/2024-NZHC-931.pdf

    In effect, the Court is saying that because the Minister was >>>>effectively not involved in the decision, which was made by Seymour, >>>>Peters and Luxon, and because the department had provided a lot of >>>>information, the attendance of the Minister was not critical for the >>>>Tribunal (my words, though so there may be implications I have
    missed).

    The next logical extension of
    that is that Parliament is no longer the highest court in NZ.
    And that is because Parliament is not a court. Yes Parliament sets >>>>laws, but it is up to various agencies (most often the police and the >>>>courts, but others as well) to see that they are enforced

    The issue at stake is in one sense whether it is lawful for Parliament >>>>to set aside a Treaty made to end a War subject to firm and clear >>>>promises by the Crown to Maori and their descendents forever. The >>>>Treaty has been supported by previous governments; with some parties >>>>being adamant that a contract gives rise to commitments that must be >>>>honoured. Seymour, Peters and Luxon appear to be saying that whether
    or not it is dishonourable, they are going to put their little >>>>agreement as a priority to force Parliament to make decisions on
    behalf of the Crown to no honour the Treaty. Would you be happy to
    sign a contract with anyone who has shown that they are prepared to >>>>break a contract should they think that is in their interests? What >>>>word would you use for people that are responsible for meeting >>>>obligations under a contract and unilaterally decide that they will >>>>ignore the contract?

    At the least they are being irresponsible and bringing the New Zealand >>>>Government into disrepute - are they the sort of scumbags that there >>>>actions are now telling all New Zealanders, not just Maori, that they >>>>cannot be trusted to meet their obligations under contracts?
    The treaty is not and never has been a contract. Parliament is above all of >>>our
    courts. It is actually that simple. They can do whatever they decide - >>>fortunately so far, apart from tha last parliament, our elected body has >>>behaved reasonably well in the absence of a written constitution.
    This entire issue has no importance because it is ethereal and motivated by >>>politics not law.
    The Contract was made by Representatives of the Queen, a long time
    before the NZ Parliament was formed, and the responsibility for
    honouring that fundamental contract between two people gradually
    devolved to the New Zealand Government as we moved from being a Colony
    to become an semi-independent state under the Statute of Westminster,
    to now being a fully independent country.
    There is no such contract.
    See: https://www.waitangitribunal.govt.nz/publications-and-resources/school-resources/treaty-past-and-present/section-5/

    From which: "The Treaty was a contract of respect between the British
    and Maori. Today, there are a lot of people living here whose families
    are not from Britain. The Treaty now means there must be respect
    between Maori and non-Maori.

    It is important that the laws and rules today consider and respect
    both Maori and non-Maori ways of living. It is important that Maori
    and non-Maori who live near each other are considerate of each other
    and respect each other's differences.

    Trust
    A contract will work only if both groups who sign it trust that the
    other group will do what the contract says they will do.

    The Maori who signed the Treaty trusted that the British would make
    laws that would be good for both them and the settlers. Unfortunately,
    as we have seen from what happened in Taranaki, the laws were often
    good for the Government and for the settlers, but not for Maori."


    No New Zealand government before now has reneged on a major documented >>agreement - in this case an agreement that was made between two
    peoples over 150 years ago. Successive government have honoured the
    Treaty and reached honourable settlements relating to many historic
    claims that were found to be justified. Nothing indicates the lack of >>acumen, knowledge and honour of Christopher Luxon, Winston Peters and
    David Seymour more than the attempts that they are now making to
    pretend that Parliament is bound by a private agreement between those
    three people; it remains to be seen whether sufficient MPs in any of
    those parties are sufficiently honourable to vote against legislation
    that would gravely reduce the trust in New Zealand that is needed for >>effective international agreements . . .
    Nobody is suggesting reneging on any contract - where do you get that idea? The proposed legislation - but you already knew that.

    For a different view, the following was written to David Seymour after
    his appearance at Waitangi:


    Opinion: Sir Ian Taylor - a letter to Act leader David Seymour

    OPINION

    Dear David,

    I do have some sympathy for your views on the labels that people place
    on each other.

    Obviously, this did rile you a little at the recent Waitangi Day
    celebrations where you were likened to a couple of insects – but I
    will come back to that later.

    Perhaps, like you, I am not sure where in the Maori world I sit.

    At one end I could be on Willie Jackson’s “useless Maori” list because
    I don’t have te reo or, at the other end, I could be one of Matua
    Winston Peters’ “elite Maori” list because I have, I admit, been late
    in my discovery and understanding of the power of Te Ao Maori.

    The irony for me of this observation is that here we are – you, me,
    Willie and Winston, all of us who whakapapa Maori – all seemingly
    divided by those labels that we place on each other, to the delight of
    anyone looking to highlight those divisions.

    And while I have been late coming to this understanding of the power
    of Te Ao Maori, it has highlighted for me that I have always
    understood who I was.

    I am the son of a Pakeha father who came from Nightcaps in the South
    Island and a Maori mother from Mohaka in Hawke’s Bay.

    It has also highlighted the wonderful way my mother, Mangu Rose,
    together with my fabulous aunties, instilled in me, by example rather
    than words, what it meant to be Maori. Those powerful lessons they
    shared have served to enlighten me on this voyage of discovery that I
    am on.

    Which brings me back to the divisive name-calling and the reference to “insects” to which you responded: “Today I have heard people say that
    we are spiders, that we are sandflies, well I am sorry to say folks
    not even Donald Trump is calling opponents insects.”

    Now I know you have a huge passion for the education of our tamariki,
    our young people, of all cultures.

    But you and I were both brought up in an education system that for
    decades failed to address the history of Aotearoa much beyond the
    arrival of Abel Tasman and Captain Cook, who landed here more than 700
    years after Kupe, ending a journey of discovery by our Polynesian
    tupuna that began 3500 years ago.

    A multi-generational journey that has been described as “the greatest
    voyage in the history of human migration”.

    It’s a voyage across the largest expanse of open water on the planet,
    Te Moana-nui-a-kiwa, the Pacific Ocean, using advanced knowledge of
    the stars, sun and ocean currents to discover every piece of land in
    that great expanse of ocean, completing the history of human migration
    here in Aotearoa New Zealand and, shortly after, the Chatham Islands.

    It’s an amazing story that needs to be told if we are to move our
    Pasifika and Maori tamariki, along with their friends from all other
    cultures, into those high-value jobs that are increasingly based on
    science and innovation and for which you are such a strong advocate.

    But our Polynesian ancestors could not have crossed the largest
    expanse of open water on the planet without developing a deep
    knowledge of astronomy, astrology, science, maths and engineering.

    They called it Matauranga, an indigenous view of the world that
    includes all of those subjects we have lumped under the acronym Stem
    (Science, technology, engineering and maths) in our schools.

    But we need to be telling these stories in our schools to inspire our
    young people that this thing we call Stem is in their DNA.

    It is only now that I have come to understand how deeply that was
    ingrained in my DNA.

    This has led me to understand that it is the combination of
    Matauranga, alongside the maths, physics and science expertise that my
    Pakeha colleagues have brought with them, that can truly explain our
    company’s position as a global leader in the world of technology.

    So, to those insects.

    The reference that was made was not to actual insects. They were a
    reference to a eulogy that was given by the great chief Te Ruki
    Kawiti, almost certainly an ancestor of yours, who just a few years
    after the signing of the Te Tiriti o Waitangi, took on the British
    army at Ruapekapeka where, along with Hone Heke, they built one of the
    most advanced defensive structures the British Army had ever come up
    against.

    It is a fascinating story that needs to be part of our science,
    engineering and maths curriculum (we are working on that) but the
    reference to sandflies comes from that eulogy made by Kawiti to his
    people after the battle was over in which he said: “I have battled the
    gods of the night and yet I did not die. Now is the time to trample
    our wrath beneath our feet. Now is the time to be confident in who we
    are. Now is the time to talk peace. But as we do, we must never turn
    our backs on the parchment [Te Tiriti] because if we do, we can be
    certain that the sandflies will nip at its edges.”

    We are watching those sandflies gather and it is only right that we
    acknowledge that this was a threat that Kawiti recognised when he
    called for his people to talk peace almost two centuries ago.

    It is context.

    My hope is that all tamariki of Aotearoa New Zealand will grow up
    understanding the context in which so many of these important
    discussions should be taking place.

    You and I were denied these powerful stories, but now is the
    opportunity to address that for our young people.

    And one last observation if I may, David.

    One could argue that there has already been a referendum on the
    Treaty.

    That happened back in 1840 when the Maori population of the country
    was 125,000 whilst the colonists numbered just 2000.

    That would of course mean that at the time te Tiriti was signed the
    colonists were outnumbered by Maori by more than 60:1 which would
    surely mean that the official language of the country would have been
    te reo Maori and that the Treaty that took precedence would have been
    the one written in the language of the majority.

    Te Tiriti o Waitangi.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Tony@21:1/5 to Rich80105@hotmail.com on Thu Apr 25 07:29:28 2024
    Rich80105 <Rich80105@hotmail.com> wrote:
    On Thu, 25 Apr 2024 04:37:03 -0000 (UTC), Tony
    <lizandtony@orcon.net.nz> wrote:

    Rich80105 <Rich80105@hotmail.com> wrote:
    On Thu, 25 Apr 2024 14:20:18 +1200, Crash <nogood@dontbother.invalid> >>>wrote:

    On Thu, 25 Apr 2024 11:39:12 +1200, Rich80105 <Rich80105@hotmail.com> >>>>wrote:
    https://norightturn.blogspot.com/2024/04/comity-versus-rule-of-law.html >>>>>
    This is a timely issue for New Zealand, as we become bemused by the >>>>>claims by Trump that he should not have to appear in court . . .

    Really? This is of passing interest, given that it is impossible to >>>>read or watch any news outlet without being confronted by it.

    Is our legal system any better than that of the USA? Are our senior >>>>>judges so beholden to the executive of Parliament that they cannot do >>>>>their job properly? I agree that an appeal is desirable, even though >>>>>that may take up more than the time available before the ACt1stN >>>>>government pushes legislation through . . .

    The legal system in the USA is vastly different to ours.

    Why does the Waitangi Tribunal feel it can summons a Cabinet Minister >>>>about proposed legislation changes?
    Because it is a Commission of Inquiry, and it is its job to enquire. A >>>bit like the Ombudsman and the Auditor General - they are given
    authority by Parliament to do their work without fear or favour. Even
    in the USA, Trump has been required to appear before a body authorised
    to demand that. The High Court seems to think that the Waitangi
    Tribunal should not demand what they are entitled to.
    Read here: >>>https://www.courtsofnz.govt.nz/assets/cases/2024/2024-NZHC-931.pdf

    In effect, the Court is saying that because the Minister was
    effectively not involved in the decision, which was made by Seymour, >>>Peters and Luxon, and because the department had provided a lot of >>>information, the attendance of the Minister was not critical for the >>>Tribunal (my words, though so there may be implications I have
    missed).

    The next logical extension of
    that is that Parliament is no longer the highest court in NZ.
    And that is because Parliament is not a court. Yes Parliament sets
    laws, but it is up to various agencies (most often the police and the >>>courts, but others as well) to see that they are enforced

    The issue at stake is in one sense whether it is lawful for Parliament
    to set aside a Treaty made to end a War subject to firm and clear >>>promises by the Crown to Maori and their descendents forever. The
    Treaty has been supported by previous governments; with some parties >>>being adamant that a contract gives rise to commitments that must be >>>honoured. Seymour, Peters and Luxon appear to be saying that whether
    or not it is dishonourable, they are going to put their little
    agreement as a priority to force Parliament to make decisions on
    behalf of the Crown to no honour the Treaty. Would you be happy to
    sign a contract with anyone who has shown that they are prepared to
    break a contract should they think that is in their interests? What
    word would you use for people that are responsible for meeting >>>obligations under a contract and unilaterally decide that they will >>>ignore the contract?

    At the least they are being irresponsible and bringing the New Zealand >>>Government into disrepute - are they the sort of scumbags that there >>>actions are now telling all New Zealanders, not just Maori, that they >>>cannot be trusted to meet their obligations under contracts?
    The treaty is not and never has been a contract. Parliament is above all of >>our
    courts. It is actually that simple. They can do whatever they decide - >>fortunately so far, apart from tha last parliament, our elected body has >>behaved reasonably well in the absence of a written constitution.
    This entire issue has no importance because it is ethereal and motivated by >>politics not law.
    The Contract was made by Representatives of the Queen, a long time
    before the NZ Parliament was formed, and the responsibility for
    honouring that fundamental contract between two people gradually
    devolved to the New Zealand Government as we moved from being a Colony
    to become an semi-independent state under the Statute of Westminster,
    to now being a fully independent country.
    There is no such contract.

    No New Zealand government before now has reneged on a major documented >agreement - in this case an agreement that was made between two
    peoples over 150 years ago. Successive government have honoured the
    Treaty and reached honourable settlements relating to many historic
    claims that were found to be justified. Nothing indicates the lack of
    acumen, knowledge and honour of Christopher Luxon, Winston Peters and
    David Seymour more than the attempts that they are now making to
    pretend that Parliament is bound by a private agreement between those
    three people; it remains to be seen whether sufficient MPs in any of
    those parties are sufficiently honourable to vote against legislation
    that would gravely reduce the trust in New Zealand that is needed for >effective international agreements . . .
    Nobody is suggesting reneging on any contract - where do you get that idea?

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Rich80105@21:1/5 to All on Thu Apr 25 20:56:31 2024
    On Thu, 25 Apr 2024 20:45:35 +1200, Crash <nogood@dontbother.invalid>
    wrote:

    On Thu, 25 Apr 2024 15:33:53 +1200, Rich80105 <Rich80105@hotmail.com>
    wrote:

    On Thu, 25 Apr 2024 14:20:18 +1200, Crash <nogood@dontbother.invalid> >>wrote:

    On Thu, 25 Apr 2024 11:39:12 +1200, Rich80105 <Rich80105@hotmail.com> >>>wrote:

    https://norightturn.blogspot.com/2024/04/comity-versus-rule-of-law.html >>>>
    This is a timely issue for New Zealand, as we become bemused by the >>>>claims by Trump that he should not have to appear in court . . .

    Really? This is of passing interest, given that it is impossible to
    read or watch any news outlet without being confronted by it.

    Is our legal system any better than that of the USA? Are our senior >>>>judges so beholden to the executive of Parliament that they cannot do >>>>their job properly? I agree that an appeal is desirable, even though >>>>that may take up more than the time available before the ACt1stN >>>>government pushes legislation through . . .

    The legal system in the USA is vastly different to ours.

    Why does the Waitangi Tribunal feel it can summons a Cabinet Minister >>>about proposed legislation changes?
    Because it is a Commission of Inquiry, and it is its job to enquire.

    Cite please. If correct it would be the longest-running such
    Commission.
    It probably is: https://www.legislation.govt.nz/act/public/1975/0114/latest/whole.html#DLM435392


    A
    bit like the Ombudsman and the Auditor General - they are given
    authority by Parliament to do their work without fear or favour.

    Incorrect. The Waitangi Tribunal was established for a specific
    purpose and is limited to its jurisdiction by the Act it was
    established under.
    Which is not the same work as the Onbudsman or the Auditor General - I
    was indicating that each of those were given authority by parliament
    to do their work without fear or favour - but in different areas.


    Even
    in the USA, Trump has been required to appear before a body authorised
    to demand that.

    A criminal court in a foreign jurisdiction. By what fiction of logic
    do you think that is relevant?
    Being required to appear in court for certain offences is common to
    most jurisdictions. Are you able to point to any authority for a
    Minister not to appear before the Waitangi Tribunal? The decision
    relied on custom; we now know there is to be an appeal.



    The High Court seems to think that the Waitangi
    Tribunal should not demand what they are entitled to.
    Read here: >>https://www.courtsofnz.govt.nz/assets/cases/2024/2024-NZHC-931.pdf

    Incorrect. The High Court has ruled that the Cabinet Minister is not >required to respond to the summons.
    On very narrow technical grounds which have nothing to do with the
    Waitangi Tribunal legislation - and that decision is to go to appeal

    In effect, the Court is saying that because the Minister was
    effectively not involved in the decision, which was made by Seymour,
    Peters and Luxon, and because the department had provided a lot of >>information, the attendance of the Minister was not critical for the >>Tribunal (my words, though so there may be implications I have
    missed).

    The next logical extension of
    that is that Parliament is no longer the highest court in NZ.
    And that is because Parliament is not a court. Yes Parliament sets
    laws, but it is up to various agencies (most often the police and the >>courts, but others as well) to see that they are enforced

    Parliament is a court but delegates enforcement of Acts to the
    judiciary. You are making stuff up.
    Parliament can call people to appear before it in certain specified circumstances, and can in certain narrow circumstances determine
    punishment. It does however not generally act as a Court - while it
    can change laws it must go through certain processes to change laws. Enforcement of legislation is given to a wide variety of bodies,
    including for example police.


    The issue at stake is in one sense whether it is lawful for Parliament
    to set aside a Treaty made to end a War subject to firm and clear
    promises by the Crown to Maori and their descendents forever. The
    Treaty has been supported by previous governments; with some parties
    being adamant that a contract gives rise to commitments that must be >>honoured. Seymour, Peters and Luxon appear to be saying that whether
    or not it is dishonourable, they are going to put their little
    agreement as a priority to force Parliament to make decisions on
    behalf of the Crown to no honour the Treaty. Would you be happy to
    sign a contract with anyone who has shown that they are prepared to
    break a contract should they think that is in their interests? What
    word would you use for people that are responsible for meeting
    obligations under a contract and unilaterally decide that they will
    ignore the contract?

    At the least they are being irresponsible and bringing the New Zealand >>Government into disrepute - are they the sort of scumbags that there >>actions are now telling all New Zealanders, not just Maori, that they >>cannot be trusted to meet their obligations under contracts?

    All contentious inventions based on ill-advised considerations.
    Parliament set up the Waitangi Tribunal and may well consider it
    should be abolished.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Crash@21:1/5 to All on Thu Apr 25 20:45:35 2024
    On Thu, 25 Apr 2024 15:33:53 +1200, Rich80105 <Rich80105@hotmail.com>
    wrote:

    On Thu, 25 Apr 2024 14:20:18 +1200, Crash <nogood@dontbother.invalid>
    wrote:

    On Thu, 25 Apr 2024 11:39:12 +1200, Rich80105 <Rich80105@hotmail.com> >>wrote:

    https://norightturn.blogspot.com/2024/04/comity-versus-rule-of-law.html

    This is a timely issue for New Zealand, as we become bemused by the >>>claims by Trump that he should not have to appear in court . . .

    Really? This is of passing interest, given that it is impossible to
    read or watch any news outlet without being confronted by it.

    Is our legal system any better than that of the USA? Are our senior >>>judges so beholden to the executive of Parliament that they cannot do >>>their job properly? I agree that an appeal is desirable, even though
    that may take up more than the time available before the ACt1stN >>>government pushes legislation through . . .

    The legal system in the USA is vastly different to ours.

    Why does the Waitangi Tribunal feel it can summons a Cabinet Minister
    about proposed legislation changes?
    Because it is a Commission of Inquiry, and it is its job to enquire.

    Cite please. If correct it would be the longest-running such
    Commission.

    A
    bit like the Ombudsman and the Auditor General - they are given
    authority by Parliament to do their work without fear or favour.

    Incorrect. The Waitangi Tribunal was established for a specific
    purpose and is limited to its jurisdiction by the Act it was
    established under.

    Even
    in the USA, Trump has been required to appear before a body authorised
    to demand that.

    A criminal court in a foreign jurisdiction. By what fiction of logic
    do you think that is relevant?

    The High Court seems to think that the Waitangi
    Tribunal should not demand what they are entitled to.
    Read here:
    https://www.courtsofnz.govt.nz/assets/cases/2024/2024-NZHC-931.pdf

    Incorrect. The High Court has ruled that the Cabinet Minister is not
    required to respond to the summons.

    In effect, the Court is saying that because the Minister was
    effectively not involved in the decision, which was made by Seymour,
    Peters and Luxon, and because the department had provided a lot of >information, the attendance of the Minister was not critical for the
    Tribunal (my words, though so there may be implications I have
    missed).

    The next logical extension of
    that is that Parliament is no longer the highest court in NZ.
    And that is because Parliament is not a court. Yes Parliament sets
    laws, but it is up to various agencies (most often the police and the
    courts, but others as well) to see that they are enforced

    Parliament is a court but delegates enforcement of Acts to the
    judiciary. You are making stuff up.

    The issue at stake is in one sense whether it is lawful for Parliament
    to set aside a Treaty made to end a War subject to firm and clear
    promises by the Crown to Maori and their descendents forever. The
    Treaty has been supported by previous governments; with some parties
    being adamant that a contract gives rise to commitments that must be >honoured. Seymour, Peters and Luxon appear to be saying that whether
    or not it is dishonourable, they are going to put their little
    agreement as a priority to force Parliament to make decisions on
    behalf of the Crown to no honour the Treaty. Would you be happy to
    sign a contract with anyone who has shown that they are prepared to
    break a contract should they think that is in their interests? What
    word would you use for people that are responsible for meeting
    obligations under a contract and unilaterally decide that they will
    ignore the contract?

    At the least they are being irresponsible and bringing the New Zealand >Government into disrepute - are they the sort of scumbags that there
    actions are now telling all New Zealanders, not just Maori, that they
    cannot be trusted to meet their obligations under contracts?

    All contentious inventions based on ill-advised considerations.
    Parliament set up the Waitangi Tribunal and may well consider it
    should be abolished.


    --
    Crash McBash

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Tony@21:1/5 to Rich80105@hotmail.com on Thu Apr 25 20:55:37 2024
    Rich80105 <Rich80105@hotmail.com> wrote:
    On Thu, 25 Apr 2024 07:29:28 -0000 (UTC), Tony
    <lizandtony@orcon.net.nz> wrote:

    Rich80105 <Rich80105@hotmail.com> wrote:
    On Thu, 25 Apr 2024 04:37:03 -0000 (UTC), Tony
    <lizandtony@orcon.net.nz> wrote:

    Rich80105 <Rich80105@hotmail.com> wrote:
    On Thu, 25 Apr 2024 14:20:18 +1200, Crash <nogood@dontbother.invalid> >>>>>wrote:

    On Thu, 25 Apr 2024 11:39:12 +1200, Rich80105 <Rich80105@hotmail.com> >>>>>>wrote:
    https://norightturn.blogspot.com/2024/04/comity-versus-rule-of-law.html >>>>>>>
    This is a timely issue for New Zealand, as we become bemused by the >>>>>>>claims by Trump that he should not have to appear in court . . .

    Really? This is of passing interest, given that it is impossible to >>>>>>read or watch any news outlet without being confronted by it.

    Is our legal system any better than that of the USA? Are our senior >>>>>>>judges so beholden to the executive of Parliament that they cannot do >>>>>>>their job properly? I agree that an appeal is desirable, even though >>>>>>>that may take up more than the time available before the ACt1stN >>>>>>>government pushes legislation through . . .

    The legal system in the USA is vastly different to ours.

    Why does the Waitangi Tribunal feel it can summons a Cabinet Minister >>>>>>about proposed legislation changes?
    Because it is a Commission of Inquiry, and it is its job to enquire. A >>>>>bit like the Ombudsman and the Auditor General - they are given >>>>>authority by Parliament to do their work without fear or favour. Even >>>>>in the USA, Trump has been required to appear before a body authorised >>>>>to demand that. The High Court seems to think that the Waitangi >>>>>Tribunal should not demand what they are entitled to.
    Read here: >>>>>https://www.courtsofnz.govt.nz/assets/cases/2024/2024-NZHC-931.pdf

    In effect, the Court is saying that because the Minister was >>>>>effectively not involved in the decision, which was made by Seymour, >>>>>Peters and Luxon, and because the department had provided a lot of >>>>>information, the attendance of the Minister was not critical for the >>>>>Tribunal (my words, though so there may be implications I have >>>>>missed).

    The next logical extension of
    that is that Parliament is no longer the highest court in NZ.
    And that is because Parliament is not a court. Yes Parliament sets >>>>>laws, but it is up to various agencies (most often the police and the >>>>>courts, but others as well) to see that they are enforced

    The issue at stake is in one sense whether it is lawful for Parliament >>>>>to set aside a Treaty made to end a War subject to firm and clear >>>>>promises by the Crown to Maori and their descendents forever. The >>>>>Treaty has been supported by previous governments; with some parties >>>>>being adamant that a contract gives rise to commitments that must be >>>>>honoured. Seymour, Peters and Luxon appear to be saying that whether >>>>>or not it is dishonourable, they are going to put their little >>>>>agreement as a priority to force Parliament to make decisions on >>>>>behalf of the Crown to no honour the Treaty. Would you be happy to >>>>>sign a contract with anyone who has shown that they are prepared to >>>>>break a contract should they think that is in their interests? What >>>>>word would you use for people that are responsible for meeting >>>>>obligations under a contract and unilaterally decide that they will >>>>>ignore the contract?

    At the least they are being irresponsible and bringing the New Zealand >>>>>Government into disrepute - are they the sort of scumbags that there >>>>>actions are now telling all New Zealanders, not just Maori, that they >>>>>cannot be trusted to meet their obligations under contracts?
    The treaty is not and never has been a contract. Parliament is above all of >>>>our
    courts. It is actually that simple. They can do whatever they decide - >>>>fortunately so far, apart from tha last parliament, our elected body has >>>>behaved reasonably well in the absence of a written constitution.
    This entire issue has no importance because it is ethereal and motivated by >>>>politics not law.
    The Contract was made by Representatives of the Queen, a long time
    before the NZ Parliament was formed, and the responsibility for
    honouring that fundamental contract between two people gradually
    devolved to the New Zealand Government as we moved from being a Colony
    to become an semi-independent state under the Statute of Westminster,
    to now being a fully independent country.
    There is no such contract.
    See: >https://www.waitangitribunal.govt.nz/publications-and-resources/school-resources/treaty-past-and-present/section-5/

    From which: "The Treaty was a contract of respect between the British
    and Maori. Today, there are a lot of people living here whose families
    are not from Britain. The Treaty now means there must be respect
    between Maori and non-Maori.

    It is important that the laws and rules today consider and respect
    both Maori and non-Maori ways of living. It is important that Maori
    and non-Maori who live near each other are considerate of each other
    and respect each other's differences.

    Trust
    A contract will work only if both groups who sign it trust that the
    other group will do what the contract says they will do.
    There is no contract.

    The Maori who signed the Treaty trusted that the British would make
    laws that would be good for both them and the settlers. Unfortunately,
    as we have seen from what happened in Taranaki, the laws were often
    good for the Government and for the settlers, but not for Maori."
    There is no contract.
    Parliament is the final arbiter of everything in this country and in effect makes parliament a court (look it up) - why would you want that to change?


    No New Zealand government before now has reneged on a major documented >>>agreement - in this case an agreement that was made between two
    peoples over 150 years ago. Successive government have honoured the >>>Treaty and reached honourable settlements relating to many historic >>>claims that were found to be justified. Nothing indicates the lack of >>>acumen, knowledge and honour of Christopher Luxon, Winston Peters and >>>David Seymour more than the attempts that they are now making to
    pretend that Parliament is bound by a private agreement between those >>>three people; it remains to be seen whether sufficient MPs in any of >>>those parties are sufficiently honourable to vote against legislation >>>that would gravely reduce the trust in New Zealand that is needed for >>>effective international agreements . . .
    Nobody is suggesting reneging on any contract - where do you get that idea? >The proposed legislation - but you already knew that.

    For a different view, the following was written to David Seymour after
    his appearance at Waitangi:


    Opinion: Sir Ian Taylor - a letter to Act leader David Seymour

    OPINION

    Dear David,

    I do have some sympathy for your views on the labels that people place
    on each other.

    Obviously, this did rile you a little at the recent Waitangi Day
    celebrations where you were likened to a couple of insects – but I
    will come back to that later.

    Perhaps, like you, I am not sure where in the Maori world I sit.

    At one end I could be on Willie Jackson’s “useless Maori” list because
    I don’t have te reo or, at the other end, I could be one of Matua
    Winston Peters’ “elite Maori” list because I have, I admit, been late
    in my discovery and understanding of the power of Te Ao Maori.

    The irony for me of this observation is that here we are – you, me,
    Willie and Winston, all of us who whakapapa Maori – all seemingly
    divided by those labels that we place on each other, to the delight of
    anyone looking to highlight those divisions.

    And while I have been late coming to this understanding of the power
    of Te Ao Maori, it has highlighted for me that I have always
    understood who I was.

    I am the son of a Pakeha father who came from Nightcaps in the South
    Island and a Maori mother from Mohaka in Hawke’s Bay.

    It has also highlighted the wonderful way my mother, Mangu Rose,
    together with my fabulous aunties, instilled in me, by example rather
    than words, what it meant to be Maori. Those powerful lessons they
    shared have served to enlighten me on this voyage of discovery that I
    am on.

    Which brings me back to the divisive name-calling and the reference to >“insects” to which you responded: “Today I have heard people say that
    we are spiders, that we are sandflies, well I am sorry to say folks
    not even Donald Trump is calling opponents insects.”

    Now I know you have a huge passion for the education of our tamariki,
    our young people, of all cultures.

    But you and I were both brought up in an education system that for
    decades failed to address the history of Aotearoa much beyond the
    arrival of Abel Tasman and Captain Cook, who landed here more than 700
    years after Kupe, ending a journey of discovery by our Polynesian
    tupuna that began 3500 years ago.

    A multi-generational journey that has been described as “the greatest
    voyage in the history of human migration”.

    It’s a voyage across the largest expanse of open water on the planet,
    Te Moana-nui-a-kiwa, the Pacific Ocean, using advanced knowledge of
    the stars, sun and ocean currents to discover every piece of land in
    that great expanse of ocean, completing the history of human migration
    here in Aotearoa New Zealand and, shortly after, the Chatham Islands.

    It’s an amazing story that needs to be told if we are to move our
    Pasifika and Maori tamariki, along with their friends from all other >cultures, into those high-value jobs that are increasingly based on
    science and innovation and for which you are such a strong advocate.

    But our Polynesian ancestors could not have crossed the largest
    expanse of open water on the planet without developing a deep
    knowledge of astronomy, astrology, science, maths and engineering.

    They called it Matauranga, an indigenous view of the world that
    includes all of those subjects we have lumped under the acronym Stem >(Science, technology, engineering and maths) in our schools.

    But we need to be telling these stories in our schools to inspire our
    young people that this thing we call Stem is in their DNA.

    It is only now that I have come to understand how deeply that was
    ingrained in my DNA.

    This has led me to understand that it is the combination of
    Matauranga, alongside the maths, physics and science expertise that my
    Pakeha colleagues have brought with them, that can truly explain our >company’s position as a global leader in the world of technology.

    So, to those insects.

    The reference that was made was not to actual insects. They were a
    reference to a eulogy that was given by the great chief Te Ruki
    Kawiti, almost certainly an ancestor of yours, who just a few years
    after the signing of the Te Tiriti o Waitangi, took on the British
    army at Ruapekapeka where, along with Hone Heke, they built one of the
    most advanced defensive structures the British Army had ever come up
    against.

    It is a fascinating story that needs to be part of our science,
    engineering and maths curriculum (we are working on that) but the
    reference to sandflies comes from that eulogy made by Kawiti to his
    people after the battle was over in which he said: “I have battled the
    gods of the night and yet I did not die. Now is the time to trample
    our wrath beneath our feet. Now is the time to be confident in who we
    are. Now is the time to talk peace. But as we do, we must never turn
    our backs on the parchment [Te Tiriti] because if we do, we can be
    certain that the sandflies will nip at its edges.”

    We are watching those sandflies gather and it is only right that we >acknowledge that this was a threat that Kawiti recognised when he
    called for his people to talk peace almost two centuries ago.

    It is context.

    My hope is that all tamariki of Aotearoa New Zealand will grow up >understanding the context in which so many of these important
    discussions should be taking place.

    You and I were denied these powerful stories, but now is the
    opportunity to address that for our young people.

    And one last observation if I may, David.

    One could argue that there has already been a referendum on the
    Treaty.

    That happened back in 1840 when the Maori population of the country
    was 125,000 whilst the colonists numbered just 2000.

    That would of course mean that at the time te Tiriti was signed the
    colonists were outnumbered by Maori by more than 60:1 which would
    surely mean that the official language of the country would have been
    te reo Maori and that the Treaty that took precedence would have been
    the one written in the language of the majority.

    Te Tiriti o Waitangi.
    Entirely off topic.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Crash@21:1/5 to All on Fri Apr 26 11:59:53 2024
    On Thu, 25 Apr 2024 20:56:31 +1200, Rich80105 <Rich80105@hotmail.com>
    wrote:

    On Thu, 25 Apr 2024 20:45:35 +1200, Crash <nogood@dontbother.invalid>
    wrote:

    On Thu, 25 Apr 2024 15:33:53 +1200, Rich80105 <Rich80105@hotmail.com> >>wrote:

    On Thu, 25 Apr 2024 14:20:18 +1200, Crash <nogood@dontbother.invalid> >>>wrote:

    On Thu, 25 Apr 2024 11:39:12 +1200, Rich80105 <Rich80105@hotmail.com> >>>>wrote:
    https://norightturn.blogspot.com/2024/04/comity-versus-rule-of-law.html >>>>>
    This is a timely issue for New Zealand, as we become bemused by the >>>>>claims by Trump that he should not have to appear in court . . .

    Really? This is of passing interest, given that it is impossible to >>>>read or watch any news outlet without being confronted by it.

    Is our legal system any better than that of the USA? Are our senior >>>>>judges so beholden to the executive of Parliament that they cannot do >>>>>their job properly? I agree that an appeal is desirable, even though >>>>>that may take up more than the time available before the ACt1stN >>>>>government pushes legislation through . . .

    The legal system in the USA is vastly different to ours.

    Why does the Waitangi Tribunal feel it can summons a Cabinet Minister >>>>about proposed legislation changes?
    Because it is a Commission of Inquiry, and it is its job to enquire.

    Cite please. If correct it would be the longest-running such
    Commission.
    It probably is: >https://www.legislation.govt.nz/act/public/1975/0114/latest/whole.html#DLM435392

    Thanks for that. There are major surprises in the Act. The Waitangi
    Tribunal is indeed deemed a Commission of Inquiry and does have the
    right to summons people to appear before it (Section 8 of Schedule 2)
    and does have the right to review planned legislation (Section 1(b))


    A
    bit like the Ombudsman and the Auditor General - they are given
    authority by Parliament to do their work without fear or favour.

    Incorrect. The Waitangi Tribunal was established for a specific
    purpose and is limited to its jurisdiction by the Act it was
    established under.
    Which is not the same work as the Onbudsman or the Auditor General - I
    was indicating that each of those were given authority by parliament
    to do their work without fear or favour - but in different areas.


    Even
    in the USA, Trump has been required to appear before a body authorised
    to demand that.

    A criminal court in a foreign jurisdiction. By what fiction of logic
    do you think that is relevant?
    Being required to appear in court for certain offences is common to
    most jurisdictions. Are you able to point to any authority for a
    Minister not to appear before the Waitangi Tribunal? The decision
    relied on custom; we now know there is to be an appeal.



    The High Court seems to think that the Waitangi
    Tribunal should not demand what they are entitled to.
    Read here: >>>https://www.courtsofnz.govt.nz/assets/cases/2024/2024-NZHC-931.pdf

    Incorrect. The High Court has ruled that the Cabinet Minister is not >>required to respond to the summons.
    On very narrow technical grounds which have nothing to do with the
    Waitangi Tribunal legislation - and that decision is to go to appeal

    In effect, the Court is saying that because the Minister was
    effectively not involved in the decision, which was made by Seymour, >>>Peters and Luxon, and because the department had provided a lot of >>>information, the attendance of the Minister was not critical for the >>>Tribunal (my words, though so there may be implications I have
    missed).

    The next logical extension of
    that is that Parliament is no longer the highest court in NZ.
    And that is because Parliament is not a court. Yes Parliament sets
    laws, but it is up to various agencies (most often the police and the >>>courts, but others as well) to see that they are enforced

    Parliament is a court but delegates enforcement of Acts to the
    judiciary. You are making stuff up.
    Parliament can call people to appear before it in certain specified >circumstances, and can in certain narrow circumstances determine
    punishment. It does however not generally act as a Court - while it
    can change laws it must go through certain processes to change laws. >Enforcement of legislation is given to a wide variety of bodies,
    including for example police.


    Given developments in an earlier part of this post I find the
    situation interesting where the Tribunal is a Commission of Inquiry
    and the person summons is a Cabinet Minister.

    The provisions of Section 8 are that the Tribunal can submit a report
    on any proposed legislation in respect of compliance (or not) with the
    ToW. That report must be given to the Minister of Maori Affairs and
    tabled in Parliament. There is no mention that I can find that the
    Government must act on any such report.


    The issue at stake is in one sense whether it is lawful for Parliament
    to set aside a Treaty made to end a War subject to firm and clear >>>promises by the Crown to Maori and their descendents forever. The
    Treaty has been supported by previous governments; with some parties >>>being adamant that a contract gives rise to commitments that must be >>>honoured. Seymour, Peters and Luxon appear to be saying that whether
    or not it is dishonourable, they are going to put their little
    agreement as a priority to force Parliament to make decisions on
    behalf of the Crown to no honour the Treaty. Would you be happy to
    sign a contract with anyone who has shown that they are prepared to
    break a contract should they think that is in their interests? What
    word would you use for people that are responsible for meeting >>>obligations under a contract and unilaterally decide that they will >>>ignore the contract?

    At the least they are being irresponsible and bringing the New Zealand >>>Government into disrepute - are they the sort of scumbags that there >>>actions are now telling all New Zealanders, not just Maori, that they >>>cannot be trusted to meet their obligations under contracts?

    All contentious inventions based on ill-advised considerations.
    Parliament set up the Waitangi Tribunal and may well consider it
    should be abolished.


    --
    Crash McBash

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Rich80105@21:1/5 to All on Fri Apr 26 16:24:13 2024
    On Fri, 26 Apr 2024 11:59:53 +1200, Crash <nogood@dontbother.invalid>
    wrote:

    On Thu, 25 Apr 2024 20:56:31 +1200, Rich80105 <Rich80105@hotmail.com>
    wrote:

    On Thu, 25 Apr 2024 20:45:35 +1200, Crash <nogood@dontbother.invalid> >>wrote:

    On Thu, 25 Apr 2024 15:33:53 +1200, Rich80105 <Rich80105@hotmail.com> >>>wrote:

    On Thu, 25 Apr 2024 14:20:18 +1200, Crash <nogood@dontbother.invalid> >>>>wrote:

    On Thu, 25 Apr 2024 11:39:12 +1200, Rich80105 <Rich80105@hotmail.com> >>>>>wrote:
    https://norightturn.blogspot.com/2024/04/comity-versus-rule-of-law.html >>>>>>
    This is a timely issue for New Zealand, as we become bemused by the >>>>>>claims by Trump that he should not have to appear in court . . .

    Really? This is of passing interest, given that it is impossible to >>>>>read or watch any news outlet without being confronted by it.

    Is our legal system any better than that of the USA? Are our senior >>>>>>judges so beholden to the executive of Parliament that they cannot do >>>>>>their job properly? I agree that an appeal is desirable, even though >>>>>>that may take up more than the time available before the ACt1stN >>>>>>government pushes legislation through . . .

    The legal system in the USA is vastly different to ours.

    Why does the Waitangi Tribunal feel it can summons a Cabinet Minister >>>>>about proposed legislation changes?
    Because it is a Commission of Inquiry, and it is its job to enquire.

    Cite please. If correct it would be the longest-running such
    Commission.
    It probably is: >>https://www.legislation.govt.nz/act/public/1975/0114/latest/whole.html#DLM435392

    Thanks for that. There are major surprises in the Act. The Waitangi >Tribunal is indeed deemed a Commission of Inquiry and does have the
    right to summons people to appear before it (Section 8 of Schedule 2)
    and does have the right to review planned legislation (Section 1(b))
    I suspect the surprise is because there has been a lot of
    mis-information and dis-information about the Treaty and the
    legislation. the Tribunal is I think required to provide government
    with a report on proposed legislation that relates to the Treaty, and
    they will know that this needs to be provided urgently to fit within
    timings indicated by Government.


    A
    bit like the Ombudsman and the Auditor General - they are given >>>>authority by Parliament to do their work without fear or favour.

    Incorrect. The Waitangi Tribunal was established for a specific
    purpose and is limited to its jurisdiction by the Act it was
    established under.
    Which is not the same work as the Onbudsman or the Auditor General - I
    was indicating that each of those were given authority by parliament
    to do their work without fear or favour - but in different areas.


    Even
    in the USA, Trump has been required to appear before a body authorised >>>>to demand that.

    A criminal court in a foreign jurisdiction. By what fiction of logic
    do you think that is relevant?
    Being required to appear in court for certain offences is common to
    most jurisdictions. Are you able to point to any authority for a
    Minister not to appear before the Waitangi Tribunal? The decision
    relied on custom; we now know there is to be an appeal.



    The High Court seems to think that the Waitangi
    Tribunal should not demand what they are entitled to.
    Read here: >>>>https://www.courtsofnz.govt.nz/assets/cases/2024/2024-NZHC-931.pdf

    Incorrect. The High Court has ruled that the Cabinet Minister is not >>>required to respond to the summons.
    On very narrow technical grounds which have nothing to do with the
    Waitangi Tribunal legislation - and that decision is to go to appeal

    In effect, the Court is saying that because the Minister was >>>>effectively not involved in the decision, which was made by Seymour, >>>>Peters and Luxon, and because the department had provided a lot of >>>>information, the attendance of the Minister was not critical for the >>>>Tribunal (my words, though so there may be implications I have
    missed).

    The next logical extension of
    that is that Parliament is no longer the highest court in NZ.
    And that is because Parliament is not a court. Yes Parliament sets >>>>laws, but it is up to various agencies (most often the police and the >>>>courts, but others as well) to see that they are enforced

    Parliament is a court but delegates enforcement of Acts to the
    judiciary. You are making stuff up.
    Parliament can call people to appear before it in certain specified >>circumstances, and can in certain narrow circumstances determine >>punishment. It does however not generally act as a Court - while it
    can change laws it must go through certain processes to change laws. >>Enforcement of legislation is given to a wide variety of bodies,
    including for example police.


    Given developments in an earlier part of this post I find the
    situation interesting where the Tribunal is a Commission of Inquiry
    and the person summons is a Cabinet Minister.

    The suggestion has been that normally it would not be necessary to
    summon a Minister - but that in this case the Minister has not
    provided answers to the questions asked; specifically what the purpose
    of and reason for a particular change is. This is a recognition that
    The treaty of Waitangi is a significant part of our Laws,and that
    there are different views held in relation tot he Treaty, not all of
    those views being supported by facts. Under the circumstances it is
    desirable that any changes are reasonably well known as to both intent
    and effect, and that expert commentary is obtained that the public can
    be kept well informed. Those principles apply to most legislation, and
    are not usually an issue; successive governments have worked hard to
    settle Treaty Claims on an established basis, and are aware that there
    are still some claims to be settled, but that there is ongoing work to
    be done to ensure that all provisions are met by those involved - many
    of the settlements for example have created rights and obligations
    that are long term in nature for both Government and Maori.

    The provisions of Section 8 are that the Tribunal can submit a report
    on any proposed legislation in respect of compliance (or not) with the
    ToW. That report must be given to the Minister of Maori Affairs and
    tabled in Parliament. There is no mention that I can find that the >Government must act on any such report.
    It appears that the government does not have an explanation for its
    proposals that would be acceptable to all parties to the Treaty, and
    that the Tribunal is concerned that the government has not provided
    necessary explanations as to what is proposed and the reasons for
    those proposals. I suspect also that the reason the Minister does not
    wish to appear is because that lack of adequate reason for changes
    will become evident, or alternatively that the Minister knows little
    more than that the issue was part of the Coalition agreements and that
    it is not being handled in Government though the Minister. For
    whatever reason, the Government is making it difficult for a
    Government body to fulfil the requirements demanded of it through
    enabling legislation. Thankfully, the Tribunal is doing its job, as
    are the Press, and this failure of government to comply with
    legislative requirements is becoming known to the wider public.


    The issue at stake is in one sense whether it is lawful for Parliament >>>>to set aside a Treaty made to end a War subject to firm and clear >>>>promises by the Crown to Maori and their descendents forever. The >>>>Treaty has been supported by previous governments; with some parties >>>>being adamant that a contract gives rise to commitments that must be >>>>honoured. Seymour, Peters and Luxon appear to be saying that whether
    or not it is dishonourable, they are going to put their little >>>>agreement as a priority to force Parliament to make decisions on
    behalf of the Crown to no honour the Treaty. Would you be happy to
    sign a contract with anyone who has shown that they are prepared to >>>>break a contract should they think that is in their interests? What >>>>word would you use for people that are responsible for meeting >>>>obligations under a contract and unilaterally decide that they will >>>>ignore the contract?

    At the least they are being irresponsible and bringing the New Zealand >>>>Government into disrepute - are they the sort of scumbags that there >>>>actions are now telling all New Zealanders, not just Maori, that they >>>>cannot be trusted to meet their obligations under contracts?

    All contentious inventions based on ill-advised considerations. >>>Parliament set up the Waitangi Tribunal and may well consider it
    should be abolished.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Crash@21:1/5 to All on Fri Apr 26 16:57:36 2024
    On Fri, 26 Apr 2024 16:24:13 +1200, Rich80105 <Rich80105@hotmail.com>
    wrote:

    On Fri, 26 Apr 2024 11:59:53 +1200, Crash <nogood@dontbother.invalid>
    wrote:

    On Thu, 25 Apr 2024 20:56:31 +1200, Rich80105 <Rich80105@hotmail.com> >>wrote:

    On Thu, 25 Apr 2024 20:45:35 +1200, Crash <nogood@dontbother.invalid> >>>wrote:

    On Thu, 25 Apr 2024 15:33:53 +1200, Rich80105 <Rich80105@hotmail.com> >>>>wrote:

    On Thu, 25 Apr 2024 14:20:18 +1200, Crash <nogood@dontbother.invalid> >>>>>wrote:

    On Thu, 25 Apr 2024 11:39:12 +1200, Rich80105 <Rich80105@hotmail.com> >>>>>>wrote:
    https://norightturn.blogspot.com/2024/04/comity-versus-rule-of-law.html >>>>>>>
    This is a timely issue for New Zealand, as we become bemused by the >>>>>>>claims by Trump that he should not have to appear in court . . .

    Really? This is of passing interest, given that it is impossible to >>>>>>read or watch any news outlet without being confronted by it.

    Is our legal system any better than that of the USA? Are our senior >>>>>>>judges so beholden to the executive of Parliament that they cannot do >>>>>>>their job properly? I agree that an appeal is desirable, even though >>>>>>>that may take up more than the time available before the ACt1stN >>>>>>>government pushes legislation through . . .

    The legal system in the USA is vastly different to ours.

    Why does the Waitangi Tribunal feel it can summons a Cabinet Minister >>>>>>about proposed legislation changes?
    Because it is a Commission of Inquiry, and it is its job to enquire.

    Cite please. If correct it would be the longest-running such >>>>Commission.
    It probably is: >>>https://www.legislation.govt.nz/act/public/1975/0114/latest/whole.html#DLM435392

    Thanks for that. There are major surprises in the Act. The Waitangi >>Tribunal is indeed deemed a Commission of Inquiry and does have the
    right to summons people to appear before it (Section 8 of Schedule 2)
    and does have the right to review planned legislation (Section 1(b))
    I suspect the surprise is because there has been a lot of
    mis-information and dis-information about the Treaty and the
    legislation. the Tribunal is I think required to provide government
    with a report on proposed legislation that relates to the Treaty, and
    they will know that this needs to be provided urgently to fit within
    timings indicated by Government.


    A
    bit like the Ombudsman and the Auditor General - they are given >>>>>authority by Parliament to do their work without fear or favour.

    Incorrect. The Waitangi Tribunal was established for a specific >>>>purpose and is limited to its jurisdiction by the Act it was >>>>established under.
    Which is not the same work as the Onbudsman or the Auditor General - I >>>was indicating that each of those were given authority by parliament
    to do their work without fear or favour - but in different areas.


    Even
    in the USA, Trump has been required to appear before a body authorised >>>>>to demand that.

    A criminal court in a foreign jurisdiction. By what fiction of logic >>>>do you think that is relevant?
    Being required to appear in court for certain offences is common to
    most jurisdictions. Are you able to point to any authority for a
    Minister not to appear before the Waitangi Tribunal? The decision
    relied on custom; we now know there is to be an appeal.



    The High Court seems to think that the Waitangi
    Tribunal should not demand what they are entitled to.
    Read here: >>>>>https://www.courtsofnz.govt.nz/assets/cases/2024/2024-NZHC-931.pdf

    Incorrect. The High Court has ruled that the Cabinet Minister is not >>>>required to respond to the summons.
    On very narrow technical grounds which have nothing to do with the >>>Waitangi Tribunal legislation - and that decision is to go to appeal

    In effect, the Court is saying that because the Minister was >>>>>effectively not involved in the decision, which was made by Seymour, >>>>>Peters and Luxon, and because the department had provided a lot of >>>>>information, the attendance of the Minister was not critical for the >>>>>Tribunal (my words, though so there may be implications I have >>>>>missed).

    The next logical extension of
    that is that Parliament is no longer the highest court in NZ.
    And that is because Parliament is not a court. Yes Parliament sets >>>>>laws, but it is up to various agencies (most often the police and the >>>>>courts, but others as well) to see that they are enforced

    Parliament is a court but delegates enforcement of Acts to the >>>>judiciary. You are making stuff up.
    Parliament can call people to appear before it in certain specified >>>circumstances, and can in certain narrow circumstances determine >>>punishment. It does however not generally act as a Court - while it
    can change laws it must go through certain processes to change laws. >>>Enforcement of legislation is given to a wide variety of bodies, >>>including for example police.


    Given developments in an earlier part of this post I find the
    situation interesting where the Tribunal is a Commission of Inquiry
    and the person summons is a Cabinet Minister.

    The suggestion has been that normally it would not be necessary to
    summon a Minister - but that in this case the Minister has not
    provided answers to the questions asked; specifically what the purpose
    of and reason for a particular change is. This is a recognition that
    The treaty of Waitangi is a significant part of our Laws,and that
    there are different views held in relation tot he Treaty, not all of
    those views being supported by facts. Under the circumstances it is
    desirable that any changes are reasonably well known as to both intent
    and effect, and that expert commentary is obtained that the public can
    be kept well informed. Those principles apply to most legislation, and
    are not usually an issue; successive governments have worked hard to
    settle Treaty Claims on an established basis, and are aware that there
    are still some claims to be settled, but that there is ongoing work to
    be done to ensure that all provisions are met by those involved - many
    of the settlements for example have created rights and obligations
    that are long term in nature for both Government and Maori.

    The provisions of Section 8 are that the Tribunal can submit a report
    on any proposed legislation in respect of compliance (or not) with the
    ToW. That report must be given to the Minister of Maori Affairs and
    tabled in Parliament. There is no mention that I can find that the >>Government must act on any such report.
    It appears that the government does not have an explanation for its
    proposals that would be acceptable to all parties to the Treaty, and
    that the Tribunal is concerned that the government has not provided
    necessary explanations as to what is proposed and the reasons for
    those proposals. I suspect also that the reason the Minister does not
    wish to appear is because that lack of adequate reason for changes
    will become evident, or alternatively that the Minister knows little
    more than that the issue was part of the Coalition agreements and that
    it is not being handled in Government though the Minister. For
    whatever reason, the Government is making it difficult for a
    Government body to fulfil the requirements demanded of it through
    enabling legislation. Thankfully, the Tribunal is doing its job, as
    are the Press, and this failure of government to comply with
    legislative requirements is becoming known to the wider public.

    That wider public may well be as surprised as I am at the nature and
    structure of the Tribunal. Given that the Act was passed in October
    1975 that was a Labour Government that passed the original Act.

    There may well be a justification for winding the Tribunal back to its
    original purpose of adjudging on the injustices inflicted on Maoridom
    after the ToW was signed. However in considering this, the conclusion
    may well be that this is now complete and a sunset clause inserted to
    remove all references to ToW enforcement and set a date for the
    Tribunal to be disbanded.




    The issue at stake is in one sense whether it is lawful for Parliament >>>>>to set aside a Treaty made to end a War subject to firm and clear >>>>>promises by the Crown to Maori and their descendents forever. The >>>>>Treaty has been supported by previous governments; with some parties >>>>>being adamant that a contract gives rise to commitments that must be >>>>>honoured. Seymour, Peters and Luxon appear to be saying that whether >>>>>or not it is dishonourable, they are going to put their little >>>>>agreement as a priority to force Parliament to make decisions on >>>>>behalf of the Crown to no honour the Treaty. Would you be happy to >>>>>sign a contract with anyone who has shown that they are prepared to >>>>>break a contract should they think that is in their interests? What >>>>>word would you use for people that are responsible for meeting >>>>>obligations under a contract and unilaterally decide that they will >>>>>ignore the contract?

    At the least they are being irresponsible and bringing the New Zealand >>>>>Government into disrepute - are they the sort of scumbags that there >>>>>actions are now telling all New Zealanders, not just Maori, that they >>>>>cannot be trusted to meet their obligations under contracts?

    All contentious inventions based on ill-advised considerations. >>>>Parliament set up the Waitangi Tribunal and may well consider it
    should be abolished.


    --
    Crash McBash

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)