We've been waiting for its arrival and tomorrow we will get our first look at the Treaty Principles Bill when it is introduced to Parliament.

News of this earlier introduction was allegedly leaked by the ever-combative Waitangi Tribunal.

Tomorrow, we will finally know the exact wording and be able to form our own opinions on the Bill.

Chris Hipkins hasn't been willing to wait, however, and has been handwringing on TVONE this morning. He even claimed that it would put existing Treaty Settlements at risk which has never been on the table with this Bill.

Unfortunately, I think we can expect to see a continuation of the underhanded and less than honest approach opponents to the Bill have being employing thus far. Even as I write, threats are being made to close down motorways next week in protest – because nothing expresses care for people and society like stopping kiwis getting to and from work or school.

We are holding our breath to see how the Government have shaped up the Bill in regards to Article 2 of the Treaty. There has been speculation, but we will reserve our judgement until tomorrow!

We will make sure to keep you in the loop with the Bill and are working on a tool to assist you in submitting your thoughts when it goes to the Select Committee. The consultation period will be six months long so we intend to make sure everyone takes their time and gets a thorough submission in.

Advertising Standards Authority Appeal

Not a lot to share on this today except that our lawyers are working on our appeal and we intend to challenge the decisions of the Authority. As soon as we can share our appeal documents without compromising our case we will do so.

My thanks to those of you who were willing and able to chip in to contribute to legal costs.  That generosity is always appreciated and for those who still wish to help out you can do so by clicking here.

Teach your kid to be a raging racist!

We were sent an opinion piece written by Josie Pagani in August this year about a book called Paku Manu Ariki Whakatakapōkai.

Josie calls the book "a daring and delightful account" but is disturbed by how it promotes divisive race narratives in quite an adult voice.

For example, the main character says, "I will hit all the English people in the face because they stole the land”. He also says, "My Dad is Māori like me. I feel sorry for my Mum. She's only Pākehā.”  

Is this really what we want our kids thinking is okay? To hit people because people of the same race as them did something more than one hundred years ago? To present races as unequal? One race being worthy of pride and one not?

Depressingly, the book has won awards and accolades. It makes you wonder about the people who give these awards out.

Royal Society gets a telling off by Māori academics

The Royal Society Te Apārangi is proposing a governance restructure which will remove dedicated Māori representation from its council. It will also entrench the power of its Academy of Fellows. The new structure halves the council’s size, from 12 to six, and removes its two existing Māori seats.

The Royal Society Te Apārangi is a not-for-profit providing funding and policy advice in the sciences and humanities.

The proposed restructure has drawn the ire of some "prominent Māori academics" who have signed an open letter to the society President, Distinguished Professor Dame Jane Harding.

The letter contains a not-so-subtle threat that "if there is no visible space for Māori decision-making in this reimagined structure, the creation of an independent Māori Academy may be the path forward.”

They also said:

“It feels like a major step backwards from the inclusive governance model we have been working towards and lacks any meaningful consideration of Te Tiriti o Waitangi.”

The Treaty does not provide for race-based representation in any kind of governance so this is just another example of Treaty-creep where the reach and scope of the Treaty are expanded.

Needless to say, we at Hobson's Pledge think that removing race-based representation is an excellent move and we hope the Royal Society holds its nerve under the attacks from academia, media, and activists. 

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I will email you again shortly with more on the Treaty Principles Bill and no doubt other matters, but in the meantime I am sure we all have our eyes cast to the United States! Here's hoping for a swift result and a dignified concession from the unsuccessful candidate. Democracy is precious and we must all protect it in our various corners of the world.

This week one of our battles came to somewhat of a close (though we'll continue to keep an eye on it) and we've decided to kick another up a gear.

Alongside Hobson's Pledge's legal counsel Brigitte Morten from Franks Ogilvie, Ipresented to the Justice Select Committee about our perspective on the Marine and Coastal Area (Takutai Moana) (Customary Marine Title) Amendment Bill.

You can watch our submission on our Facebook Page. 

We left no doubt that we support the passing of the bill because of the way the courts have distorted Parliament’s original intention with the 2011 Act, but we also made it clear there are vulnerabilities in the new bill and we would prefer a return to the Foreshore and Seabed Act of 2004.

A highlight for me was when Te Pāti Māori MP Tākuta Ferris attempted to cast the law as "Pākehā law" and Brigitte Morten responded that as a lawyer she recognises only laws from the New Zealand Parliament and doesn't distinguish between "Pākehā law" and "non-Pākehā law".  

The Justice Select Committee will write a report once they have concluded consultation and then the Government will proceed to the Second Reading. Our job is to ensure there is no funny business as it makes its way through Parliament to be passed.

Stiffening our spine

In the past year or so, you may have noticed a shift in our approach to dealing with those who attack us. We have always been forthright and confident in our principles, but we have recently made a conscious choice to meet more of the attacks on people like you, and New Zealand's democracy, head on.

We have taken more legal action and been more outspoken in our advocacy. We have been unafraid, for example, to place an ad on the front cover of the NZ Herald that we knew, despite being factual, would be received by our opponents as a declaration of war. 

We have made these choices, but we could not take a single action without the backing of you and our team of around 140,000 New Zealanders. The determination of our supporters to create change has inspired us and the generous donations to the cause have funded the fights we take up on behalf of you all.

So, what's next? 

Well, we're calling in the lawyers again. This time it is to appeal the Advertising Standard Authority's ruling on our front page advertisement about New Zealand's coastline and Customary Marine Titles.

The ASA received more than 600 complaints relating to our ad. Much of that appears to have come from a concerted and organised effort.

You may have seen the gloating from Te Pāti Māori and allies as they used the ASA decision to justify their assertions that we were wrong in our claims. Want to prove them wrong and stop the glee? Get on board with our battle. 

We were not wrong. The ASA simply grounded their decisions in opinion rather than objective fact. Although we were glad to see that only a small part of the complaints was upheld, they are significant and it we are loathe to see the judgement used to misinform New Zealanders about the facts.

Legal action and lawyers don't come cheap, especially excellent lawyers who understand this area of the law so well. So I am asking you to join the fight and chip in what you can so that we can launch an appeal.

We have to play the ideological regulators and managerial class at their own games. Not the least because they hate to be beaten on home turf.

The tendency for amateur authoritarians to paint those whom they disagree with as ‘evil’ rather than just holding a differing viewpoint has been cancerous to our ability to debate important and difficult subjects. 

Hobson's Pledge and our supporters are a team. We have the platform and voice to take on the battles and our supporters bring strength in numbers, bolster our confidence, and ensure we can afford to pay the bills that come with these fights.

What do you say? Are you up for another fight? We won't give up if you won't.

As you probably know, we have been running a petition to End the Waitangi Tribunal. That campaign continues, but in the meantime we heard some news that brought a smile to our faces... the Government has appointed former Labour Minister and ACT leader Richard Prebble to the Waitangi Tribunal!

The outrage machine has kicked into action with Willie Jackson even saying:

"I think we were all in shock [on Thursday] ... but what next - are we going to make Don Brash the new chair of the tribunal?"

Now there's an idea...

Anika Moa and Kiri Allan's racist podcast tirade

Radio NZ actually pulled the episode, recognising it was not in line with their values. But unlike how hard they have fought Official Information Act requests previously, they happily handed over the episode to other media who published it anyway.

In the episode, Anika Moa was outspoken about her disdain for white men and not shy about displaying her ignorance of New Zealand Parliament. She said:

“Everything they do in parliament is white man rules, white women rules, white this, white that, whitewash.”

Given there are a record number of Māori MPs and ministers in Cabinet as well as many other ethnicities and cultures making up Parliament, Ms Moa's comments are seriously ignorant.

A train crash from start to finish, former Justice Minister Kiri Allan minimised her behaviour on the night she crashed into a parked car and fled from the police while under the influence of alcohol.

According to Stuff, Allan "said the parliamentary system was not designed for Māori women, citing the number of wahine Māori MPs who had left parliament under a cloud."

It was a divisive discussion that demonised white New Zealanders and perpetuated victim narratives. For those of us who believe in equality before the law and want to see New Zealanders valued by the content of their character rather than their skin colour or ancestors, the episode was indicative of the toxic race narratives that exist currently.

Electorate seat change

Statistics New Zealand has announced that next election there will be 64 electorate seats rather than 65. There will be an additional list seat to compensate. The number of Māori seats remains the same, at seven.

It is disappointing that New Zealand still has Māori seats. One of the reasons for moving to the MMP system was that it would allow for a more diverse group of New Zealanders to be elected to Parliament. The intention was that we would not need quota seats after this change.

"With the introduction of MMP in 1996, the proportion of Māori in Parliament increased from 8% to 14%, a total of 17 MPs. In 2011, 22 MPs (18%) were Māori; the number increased to 28 (23%) in 2017, but fell to 25 (21%) in 2020, when no New Zealand First MPs were re-elected." - TeAra Encyclopedia

And those saying this were right! None of the record number of Māori in Cabinet were elected in Māori seats. Likewise the disproportionate number (compared to the wider population) of Māori MPs in all parties. 

It is time to do away with the Māori seats.

State-sponsored terrorism of Māori kaumatua, women, and children?  

I've saved the most ridiculous for last. It truly beggars belief.

This week New Zealand Police carried out a large operation that targeted gangs mostly in Ōpōtiki. Firearms and drugs were seized. Violent offenders were apprehended. A successful mission to disrupt the scourge of organised crime that should have been supported by all.

Not Te Pāti Māori. No. Rawiri Waititi launched an attack on the Police Minister alleging that elderly Māori along with breastfeeding women were victimised by the operation. He called it state terrorism.

Police Minister Mark Mitchell wasn't having it though. In response to Waititi's "WHAT ABOUT THE CHILDREN?" line of questioning the minister informed him that the operation had uncovered how the gangs were running methamphetamine through schools.

Te Pāti Māori's stance is hideous in that it links gangs to Māori as if they are some kind of extension of the whanau. They forget that not all gang members are Māori and not all Māori are gang members. 

They also justify and defend violent crime and destruction of communities via drugs, intimidation, and weapons. 

Māori in Ōpōtiki are more likely to be victimised by the gangs than the police trying to rid the place of them. All New Zealanders are entitled to live in safe communities without the violence of gangs.

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I'll close on a positive note by repeating my congratulations to all Hobson's Pledge supporters who joined us in condemning the racist new Prosecution Guidelines. We secured a swift U-turn from the Solicitor-General and should all be very pleased. However, we are keeping a close eye on what the guidelines will look like after this 'review'. We wouldn't put it past Crown Law to try pull a swift one.

Have a wonderful long weekend.

Congratulations! You are part of a community of people who speak up against racism, inequality, and division, and that community has had a big win!

The Solicitor General heard our cries of "You cannot be serious" and has pulled a quick U-turn on her dodgy Prosecution Guidelines.

Una Jagose KC has taken down the Prosecution Guidelines and is reviewing them. They will be republished once amended.

Significantly, she told the media that she realised she had missed the mark after reading and listening to public commentary. That is us! Public commentary is all the Hobson's Pledge supporters who spoke up.

We provided you with the Facebook, Instagram, and X accounts of the Minister of Justice, the Attorney General, the Prime Minister, and the leaders of New Zealand First and ACT, and encouraged you to demand answers from them.

Hobson's Pledge supporters heard the call and showed en masse on their social media pages and in their inboxes. You made a difference. We can all be very proud of this result.

A recap in case you missed the insanity this week:

The Solicitor General released her new Prosecution Guidelines to be effective 1 January 2025. In those guidelines were alarming instructions to treat Māori offenders differently to everyone else.

"The guidelines ask prosecutors to think carefully about particular decisions where a person (whether the victim or the defendant) is Māori."

A defence lawyer writing to David Farrar's Kiwiblog said:

Essentially the new guidelines require prosecutors to take into account race when deciding whether to prosecute someone, or withdraw charges against them. Despite the claim that "this does not promote different treatment based on ethnicity", it is clearly designed to do exactly that.

As a defence lawyer, when advocating for my clients it will now be logical for me to include in my emails to the prosecution something like "I note that my client is Māori and therefore consideration must be given to the new Solicitor-General's guidelines when deciding whether it is appropriate to continue with this prosecution."

I can anticipate that I will get some replies saying this is only a small victory, and we are still faced with a deluge of race-based policies yet to be fixed. However, when faced with so much to be frustrated about, it is important that we take a moment to celebrate these wins.

Momentum is important. One backdown can precipitate another. Next time a senior public servant thinks they will get away with slipping racially segregated policies into their guidelines they will think twice. They don't want to have to front the media and eat humble pie.

So take a moment to toast the win this weekend.