It was inevitable. Sooner or later a boat filled with desperate people would set out from India, Sri Lanka, Indonesia, whatever, for New Zealand. We have been “protected” to date only by an accident of geography–New Zealand’s relative distance. Australia has faced the problem for decades. A group of Sri Lankan poor (allegedly Tamils previously [...]
Entries Tagged as 'Legal Obligations'
Klingon Cloaking Devices Unmasked by Boat People
July 15th, 2011 15 Comments
Tags: Human Rights · Rights and Freedoms · Sri Lankan Boat People
No Special Rights, So . . . One Law for All
May 9th, 2011 4 Comments
We remain militantly critical of contemporary Maori ideology. We believe it excuses personal and family accountability by resorting to the fallacy of historical determinism: Maori, their leadership tells them, are victims of predatory exploitation by European or imperial powers; the significant cause of social and cultural and spiritual degradation amongst Maori stems from the unjust [...]
Tags: Justice · Māori Land · Restitution · Te Urewera National Park · Tuhoe
Sovereignty and The Treaty of Waitangi
February 6th, 2010 18 Comments
In the Theory of Morality, Alan Donagan has a concise discussion of the morality of contracts. At one point he makes the following plausible argument, Obviously, the normal conditions of the existence of a contract are not fulfilled if the promisee misunderstands what the promiser intends. … a promiser is morally bound to perform whatever [...]
Tags: Alan Donagan · Jurisprudence · Sovereignty · Treaty of Waitangi
Fisking Margaret Mayman: The Flawed Moral Theology on the Smacking Referendum
July 7th, 2009 7 Comments
In “A Christian Perspective on the Child Discipline Referendum,” Rev Dr Margaret Mayman presents a theological justification for retaining the amended section 59 of the Crimes Act 1961, which has criminalised force used against a child for the purposes of parental correction. Mayman began by offering three standard arguments for repealing the old section 59, [...]
Tags: Crimes Act · David Benatar · Hermeneutics · Margaret Mayman · Referendum · s59 · Smacking · Theology
The Foreshore and Seabed Repeal: The Inconvenience of Due Process
July 2nd, 2009 14 Comments
That the state is not above the law but also subject to it is surely one of the foundational concepts of any just and free society. This notion has found its place in the writings of many influential philosophers, jurists and theologians, it can be found in the constitutions and bills of rights of most [...]
Tags: Foreshore and Seabed · Human Rights · Jurisprudence · Justice · Liberty · Māori Land · Ngāti Apa
Maori and Pakeha are Not Partners to the Treaty of Waitangi
February 11th, 2009 15 Comments
[For the benefit of our international readership: Maori are the indigenous people of New Zealand; Pakeha is a term used to describe Caucasian New Zealanders; The Treaty of Waitangi is a significant founding document of our nation over which many historical and current differences have arisen around its role, interpretation and application.] Recently I read [...]
Tags: Jurisprudence · Role of the State · Treaty of Waitangi
Tune in to Marae Tomorrow
February 5th, 2010 9 Comments
Yesterday Matt and I participated in filming a debate on the Treaty of Waitangi. The moot was “That the Treaty of Waitangi is holding NZ back.” There were four panelists, Stephen Franks, Tim Wikiriwhi, Matthew Hooten and Hana O’Regan and an active audience, of which Matt and I were asked to be members of to [...]
Tags: Hana O'Regan · John Minto · Marae · Matthew Hooten · Shane Taurima · Stephen Franks · Tim Wikiriwhi · Treaty of Waitangi · TV One · TVNZ