I'm guessing the Wire’s
readership would be counted in the hundreds, at most, yet this very modest news sheet has
unexpectedly been pitched headlong into the culture wars. What follows is a
cautionary tale about the febrile state of Maori-Pakeha relations and the
precariousness of free speech - freedom of the press too, come to that - in a climate of state-sanctioned authoritarian orthodoxy.
In October last year, a local woman named Annette Nepe sent
the Woodville Wire an article about a
petition she had launched urging the InterCity bus service to reinstate its
local bus stop. Ms Nepe prefaced her article with the greeting “Kia ora nau
mai, ngā mihi nui koutou katoa”, which she explained meant “Welcome everyone,
big friendly greeting to all”.
Nothing controversial here, surely. The subject of the
article was one that might be described as parish-pump – i.e. of purely local
concern. The tone of Ms Nepe’s email, as far as we can ascertain, was cheerful
and (to use a fashionable word) inclusive. But Ms Nepe wanted the Maori greeting
included with her article, “to reflect her culture”, and things turned sour
when the editor of the Wire, Jane
Hill, refused.
She told Ms Nepe in an email that it would have been
respectful to ask, rather than demand, that the article be published. (Was it a
“demand”? We don’t know, because the full email exchange hasn’t been disclosed.)
Ms Hill went on to say: “Secondly, this is not a Maori
newsletter; it is a community newsletter and everyone in this community speaks
English.
“I, as well as many New Zealanders am not in favour of
giving one cultural group special privilege regarding their language simply
because they (falsely) claim first nation status.
“Thirdly, why should we elevate the Maori language for you,
when you clearly show no respect for the English language. It is extremely
poor.
“I will write an article about the public transport system
and encourage people to sign the petition as have I.”
Phew. Talk about lighting the blue touch paper. Ms
Nepe subsequently brought legal proceedings against Ms Hill in the Human Rights
Tribunal, alleging racial harassment. The case went to mediation and resulted
in what might be described as a complete capitulation by Ms Hill.
According to a press release issued by the Office of Human
Rights Proceedings, which is part of the Human Rights Commission, Ms Hill made the following statement:
“I, Ms Hill, acknowledge the hurt that was done to Ms Nepe
by the correspondence I sent.
“I acknowledge that my choice of words was perceived as
aggressive and unnecessary. It was not my intention to attack or minimise Ms
Nepe’s culture.
“Now that I can see the effects of the experience on Ms
Nepe, I am willing and committed to changing the way I engage with Maori in my
community.”
According to the press statement, Ms Nepe thanked Ms Hill
for her apology. “This is good for both of us; I’m happy that we talked. This
is a good outcome and a step towards repairing and growing relationships in the
Woodville community. We both agree racism has no place in Aotearoa New Zealand
and we’re on the road to eliminating it.”
All settled, then. Ms Hill suitably contrite, Ms Nepe
gracious in her response – although of course it’s easy to be big-hearted in
victory. I imagine the Office of Human Rights Proceedings was pleased with
itself too for its part in exposing and publicly shaming a supposed
racist, albeit a now remorseful one.
Predictably, Race Relations Commissioner Meng Foon, New
Zealand’s No. 2 official finger-wagger (Human Rights Commissioner Paul
Hunt is numero uno), weighed in with a gratuitous and patronising statement – a
pat on the head, figuratively speaking – welcoming “the willingness to move
forward in an informed manner”.
So ... all done and dusted. Except that
the episode is likely to leave many people feeling distinctly uncomfortable about creeping authoritarianism and the imposition
of a penalty, in the form of a public shaming, for speaking freely. It should also be viewed as a direct attack on press freedom, given that it undermines the right of an editor to determine what she should publish.
We don’t know what transpired behind closed doors in mediation. It’s quite possible Ms Hill had a genuine road-to-Damascus
experience, as the official statement suggests. But it’s also possible that
confronted with the weight of the state’s punitive apparatus and the prospect
of continuing stress and controversy if she stood her ground, she felt the
easiest way out was to back down. I'm guessing the signal was conveyed to her that it was the appropriate thing to do.
If so, she wouldn’t have been the first. In 2020 I wrote
about the case of a Taranaki nurse who was deregistered by the powerful Health
Practitioners Disciplinary Tribunal for making derogatory comments about some
of her Maori colleagues. She too found herself up caught up in an intimidating quasi-judicial
process and subsequently issued what might be categorised as a grovelling
apology. I wrote then that a newspaper account of the tribunal proceedings left the discomforting impression of a show trial.
In both instances, the instigators did themselves no favours
by their initial actions. The nurse’s statements on Facebook were, by her own
admission, impulsive and offensive, although the consequences were wildly overstated
by a complainant who appeared eager to make the most of the situation.
Similarly, Ms Hill was needlessly provocative and
antagonistic in her email to Ms Nepe, apparently seizing the opportunity
to vent opinions that she could have chosen to keep to herself. But it’s
possible to acknowledge these faults while still feeling uneasy about the way events
unfolded. In both the Taranaki and
Woodville cases there appears to have been a disproportionately heavy-handed response
from a system that seemed keen to make a public example of the transgressors.
Does anyone, I wonder, consider that the personal
consequences might greatly outweigh the perceived offence? In the Taranaki
case, the nurse subsequently struggled to find work. She was effectively
blacklisted. Now I note that in both the Stuff
and New Zealand Herald stories about the
Woodville Wire episode, Ms Hill is
described as the “former” editor.
What does this mean? Did she quit in disillusionment? Did she
feel so bruised by the unpleasantness of the complaint procedure that she
decided it wasn’t worth going on? Or was she fired for bringing the Wire into disrepute? I know nothing
about the management and ownership structure of the Wire, so can’t say. She may, of course, have been planning to leave anyway.
But what I would say is this: Someone, perhaps Ms Hill
herself, took a punt in establishing the Woodville
Wire, presumably because they saw it as providing a useful service to the community.
They would have committed their own capital to the venture, to say nothing of
their labour and skill, with no guarantee of a financial return. Now a person
with no stake in the enterprise has been able, with the help of a busybody
government agency, to exert power over it and subject the editor to a demeaning
quasi-judicial process, possibly even to the extent (this is pure conjecture on
my part) of triggering her departure. Hands up all those who think that’s fair.
Furthermore, the Woodville
Wire is presumably a private undertaking. Ms Hill broke no law. She is
therefore not answerable to government functionaries. Yet she was subjected to
a humiliating and very public ticking-off (public because the Office of Human
Rights Proceedings made it so) which, by implication, painted her as a racist.
Where is the justice in that?
Would Ms Nepe have pursued her complaint had Ms Hill
responded more diplomatically? We don’t know. But as things stand, it seems the
worst Ms Hill can be accused of is impoliteness and candour. Last time I
checked, being rude and forthright didn’t breach any law.
Certainly, Ms Hill’s behaviour falls far short of “racial
harassment”, which is how the Office of Human Rights Proceedings described the
case. Lest there be any doubt about the gravity of Ms Hill’s supposed offence,
the Office’s press statement was headlined “Racial harassment case settles”.
Harassment? Really?? My New Zealand Oxford Dictionary
defines the verb “harass” as meaning “to trouble or annoy continually or repeatedly” (the italics are mine). All Ms Hill did,
evidently, was send a single email to which Ms Nepe took offence. How does that
amount to harassment? A good lawyer would surely have moved for the complaint to
be dismissed outright as a nullity.
Here’s the thing. Ms Hill was entitled to decide what to
publish, and by logical extension what not
to publish. As editor, she was legally responsible for the content of the Woodville Wire. That imposes obligations
but it also carries rights, including the right of refusal to publish a
statement in te reo. People may legitimately disagree with her decision in this
instance, but it’s hers to make.
Incidentally, I can’t help wondering whether the Media Council
would have been a more appropriate forum for resolving the issue. I’m speculating again here, but perhaps the state
human rights apparatus was preferred because there was a better chance of a
favourable outcome for the complainant. The Media Council has been known, after
all, to uphold the autonomy of editors.
And here’s another thing. Will activist lawyers and Maori
language advocates regard the Woodville
Wire case as a precedent, opening the way to future insistence on the
publication of statements in Maori? You can bet they will. And will timid or woke editors now consider themselves obliged to publish submitted content in te reo
even though only a tiny minority of their readers can understand it? Very
likely.
I have asked myself whether I, as a former (very former) newspaper editor, would
have published Ms Nepe’s Maori greeting. I probably would have, because it was
charming (am I permitted to say that?), quirky and harmless. But that’s not the
point; Ms Hill was entitled to decide as she did without then being pressured,
through the intervention of an ideologically driven government agency, to
recant.
The whole affair leaves a bad taste. There is a balance to
be struck between use of the English and Maori languages, and New Zealanders
are steadily working towards that goal. Note the increased frequency with which
Maori words and phrases (kapai, whanau, waiata, kuia) have naturally been absorbed
into everyday speech. But a sullen resistance sets in when people perceive that
te reo is being imposed on them, as is happening now, by an elite political/academic/media caste rather than being allowed to evolve organically.
The Woodville Wire
case, however, is about much more than the use of te reo. More disturbingly, it
stands as a lesson that anyone bold or rash enough to challenge prevailing orthodoxies
risks being publicly pilloried, with the state’s active complicity. This is
true regardless of whether Ms Hill had a genuine and sincere change of heart.
Observing the fate of someone who did no more than exercise
her editorial prerogative in what she no doubt thought was a private email, people
will reasonably conclude that the only safe course in New Zealand is to keep potentially contentious
opinions to themselves or express them only to trusted friends. That can only have a chilling
effect on public debate, which of course is exactly the intended outcome. If
you sometimes sense the pincers of state control gradually tightening around
you, it’s probably because they are.