They might be polite bullies, but they're still bullies

(First published in The Dominion Post and on Stuff.co.nz, April 30.)

Pssst. Don’t mention the checkpoints.

That seems to have been the rule followed by politicians and much of the media in the five weeks since Hone Harawira and his supporters took the law into their own hands and began stopping travellers in the Far North.

The official response has been to either ignore the checkpoints or pretend they are a non-issue. On the few occasions when interviewers have asked hard questions about them, government politicians and police have danced around the question of whether they’re legal.

If they were confident of their legality, they would surely say so. That leads us to conclude they are not. They are, in fact, an audacious and calculated challenge to the rule of law.

Until this week, even Opposition MPs seemed strangely hesitant about raising the subject. Either National was frightened of being labelled as racist, or it didn’t want to risk being seen as less than 100 per cent committed to the fight against Covid-19.

In the mainstream media, the issue has been treated as a minor diversion; an inconsequential sub-plot to the main narrative. NewstalkZB’s Mike Hosking tried unsuccessfully to pin down the prime minister on the issue this week, but otherwise there has been little critical examination of the checkpoints’ legality and still less of what they might lead to, which is potentially an even more problematic issue.

Meanwhile the checkpoints have spread like … well, like a virus.

From the Far North and the East Coast, they have spread to Maketu in the Bay of Plenty, to Murupara on the fringe of the Urewera and now to Taranaki. In recent days, iwi elsewhere have asserted control over lakes and rivers by means or rahui, or bans – again, of dubious legal status.

Along the way, there has been a significant shift in the justification for the highway checkpoints. At the start, their purported purpose was to protect vulnerable Maori communities in remote places – an objective many people could sympathise with, even though the checkpoints were set up with no mandate or legal authority other than a nod and a wink from the police (and in Northland, from the mayor).

But the original pretext began to look less convincing once checkpoints started materialising in places where there were no isolated communities to protect, and it looks even less so now that the government has announced that the coronavirus is technically eliminated, which means the worst risk has passed. It's worth noting that Tairawhiti, which includes the East Coast, is one of four regions with no current cases of the virus.

This being the case, you might expect the vigilantes to pack up and go home. But not only are the checkpoints still there, there are more of them. This suggests that the purpose is something other than the protection of Maori communities.

Join the dots. Iwi activists watched what was happening in the Far North and the East Coast, noted that no one tried to stop it, and decided to organise their own checkpoints elsewhere. All of which was utterly predictable.

Under the smokescreen of the coronavirus crisis, the activists are boldly advancing a separatist agenda. Their objective is clear from their statements that they are policing their “borders”, which implies tribal sovereignty. And the longer they are allowed to get away with it, the messier it’s likely to be when the legally constituted authorities who are supposed to govern this country intervene.

For the moment, public unease has apparently persuaded the police to take a more active role in the checkpoints. But it’s clear they are involved only in a supporting role, if they’re present at all.

Pressed to clarify the situation, Jacinda Ardern and police commissioner Andrew Coster have kicked for touch with statements of masterful ambiguity. Coster sounds much surer of himself when he’s wagging his finger at dangerous lawbreakers driving the family Honda to the beach to take the dog for a walk. This is called picking the low-hanging fruit. 

Note that I use the word checkpoint rather than roadblock. That’s because the roads, to my knowledge, aren’t physically blocked.

Defenders of the checkpoints say no one is forced to stop. But a powerful psychological factor comes into play when motorists see people – often quite large people – standing on the road wearing masks and hi-vis jackets, surrounded by traffic cones and holding signs saying “stop”.

Most people’s natural instinct is to comply, whether they’re obliged to or not. That instinct is likely to be reinforced if people on the checkpoint are wearing gang insignia, as at Murupara. Small wonder that those defending the checkpoints insist that people are happy to stop.

And having stopped, many people are either too timid or too uncertain to refuse to give personal details or answer questions about where they are going, even though their interrogators have no right to ask such questions.

Intimidating people into stopping when they're not legally required to is bullying, pure and simple. Sure, the vigilantes might be polite. But that merely makes them polite bullies.

Footnote: This column has been amended since publication yesterday morning to take into account National's questioning of Andrew Coster at the meeting of the Epidemic Response Committee later on the same day. But the question remains: what took them so long?

Coster: a masterclass in fudging

So the police are belatedly having second thoughts about the roadblocks set up by iwi vigilantes. But it’s several weeks too late, and even now Police Commissioner Andrew Coster can’t bring himself to categorically state what is obvious to everyone  – namely, that the checkpoints are illegal – or make a commitment that they will be removed.

Interviewed on radio this morning, Coster floundered as he tried to justify what plainly cannot be justified. He indicated that the police would be more actively involved in what are euphemistically called “community checkpoints” but left listeners unclear as to whether they would be allowed to continue.

In the meantime, checkpoints that were originally justified on the basis that they were protecting vulnerable Maori in remote places, such as the Far North and the East Coast, have materialised at locations where there’s no such justification, such as Maketu in the Bay of Plenty, where a Mongrel Mob member reportedly prevented a 70-year-old man from going to buy milk.

The figleaf of justification is further diminished now that health authorities are making real headway against Covid-19, meaning the risk of infection is being reduced by the day. Yet the checkpoints remain. This gives a clue to their real purpose, which has less to do with keeping elderly Maori safe than with asserting Maori control and defying the law to do anything about it.

Challenged on whether the checkpoints were illegal, Coster took refuge in bureaucratic flannel. He said while it was understandable that local communities were concerned about the coronavirus, they were not “specifically authorised” to undertake “checkpoint-type activity”. That’s a masterful bit of fudging.  

His rationalisation seems to be that police were willing to tolerate checkpoints at the outset, but the situation has changed now that the risk of widespread infection has receded. That’s a convenient way of retrospectively justifying the dangerous precedent the police created by allowing Northland activist Hone Harawira to go ahead without any mandate or authority. (It bears repeating that Harawira lost his parliamentary seat in 2014 and was roundly rejected by Maori voters again in 2017, raising questions about who, if anyone, he represents.)  

The time for the police to act firmly was weeks ago, at the outset. Why they failed to step in is unclear. Timidity? Misplaced cultural sensitivity?

And we still don’t know whether the checkpoints will be disbanded. Coster said the police were now “actively working to ensure that there is a police presence or indeed preferably that the checkpoints cease because the risk to our communities is lower”. More fudging.

On Morning Report, Corin Dann put it to Coster that residents of Muriwai Beach, near Auckland, were concerned about a possible influx of outsiders once the country goes to Level 3 and asked what the police would do if Muriwai locals – whom  I guess are overwhelmingly Pakeha – took matters into their own hands and established a roadblock.

His reply was a masterpiece of bureaucrat-speak. “Level 4 controls have aligned with the way various communities have gone about trying to manage movement that is inappropriate. But we cannot have communities running checkpoints preventing movement that is permitted under whatever level we’re in.” He went on to say police would ensure that “people who are entitled to use the road are free to do that”.

Interpret that how you will, but I took it to mean the police would not look favourably at any attempt to set up a checkpoint at Muriwai. So why is it apparently okay at Maketu? And when, exactly, did the police decide that people’s freedom of movement shouldn’t be infringed? Form your own conclusions.

The one thing most people would heartily agree with Coster on was his statement that “it’s not in anyone’s interests to let things escalate to the point where you have a bigger problem than you started with”. Er, precisely.

Meanwhile, he’s warning that the police will crack down on anyone deemed to be travelling beyond their permitted area once we go to Level 3. “Our message is very clear,” Coster told Mike Hosking on NewstalkZB. Except that it isn’t. The police talk tough when it comes to pulling errant motorists into line but tip-toe around people who blatantly defy their authority.

At last, some pushback - albeit half-hearted - against Harawira's vigilantes

Her Majesty’s Loyal Opposition is slowly stirring as if from a long, deep slumber.

The first signs of life became apparent last week when Northland MP Matt King shook himself awake and called on the police to shut down the unlawful checkpoints set up by Hone Harawira’s followers in the Far North, ostensibly for the purpose of protecting vulnerable Maori communities from Covid-19.

That it took more than three weeks for anyone from the National Party to question the legality of the checkpoints points to the potency of whatever sleeping draught the party had ingested. But at least it was a start.

King was prodded into action following a complaint from a man who said he and his wife had been prevented from driving to nearby Kaihoke for groceries – on the face of it, a flagrant interference in their freedom of movement, imposed with no legal mandate whatsoever other than an informal nod of approval from the local police and the district mayor, the undistinguished former MP John Carter.

Newshub reported that the couple were detained against their will after refusing (quite rightly) to tell their interrogators where they lived. Four of the masked vigilantes allegedly surrounded the couple’s vehicle and took photos of the number plate. Terrified, the wife phoned 111 for help.

After several minutes the couple were told to move to a holding area for further questioning and seized the opportunity to drive off. By the time they made their return journey, police had apparently intervened and the blockade was no longer operating, although the people manning it were still at the roadside.

According to King, other members of the public, including a paramedic, had told of being made to stop and take flyers. People found the checkpoints intimidating but were too scared to say anything.

So … private citizens going about their lawful business have been stopped, detained and intimidated. And the police, who are entrusted to uphold the rule of law (and are normally ultra-zealous about deterring anyone impertinent enough to usurp their role), have looked the other way.

Just why the police have chosen to so cravenly abdicate isn’t clear, but a possible explanation is that they have been instructed not to get offside with local iwi activists. Anything to keep the peace, even if it means risking the goodwill of people whose natural instinct is to respect the law.

The media, previously diligent in their disinclination to subject Harawira’s Tai Tokerau Border Control (apparently that’s what the vigilantes call themselves) to any critical scrutiny, reported King’s statement and added an empty assurance by deputy police commissioner Wally Haumaha – the same Wally Haumaha who survived a Police Conduct Authority investigation which found he had humiliated and intimidated two women subordinates – to the effect that police had “advised” people running the checkpoints on the “appropriate” way to conduct themselves.

Not a word about their legality, or the right of iwi enforcers to usurp the role of properly constituted authorities such as the police and district council. Nothing to see here, folks.

But public anxiety at the way these blockades are operating – and not just in the Far North, but on the East Coast and reportedly in the central North Island as well – has reached such a level that National MPs can’t ignore it. The party’s agonisingly slow awakening continued yesterday during a meeting of Parliament’s epidemic response committee, where Gerry Brownlee brought up the case of an elderly man who was prevented from going to buy milk by a member of the Mongrel Mob.

The man’s MP, Anne Tolley, said she understood that the people manning the checkpoints wanted to protect their communities [from infection], but in New Zealand people should have the right of passage. “If it’s not managed well, I’m worried it could get out of hand.”

Coming from a senior representative of a party that supposedly stands for individual freedom, this was an astonishingly half-hearted defence of a right that’s taken for granted in all liberal democracies. But at least it prompted police minister Stuart Nash into a belated denunciation of “ratbags and renegades” manning illegal roadblocks.

Unfortunately, Nash’s tough-sounding talk was so qualified as to be meaningless. He said that where roadblocks were set up without the support of the local community or the police, “the police will take this very seriously”.

That’s bound to have Harawira quaking in his jandals. As most people realise, the time to crack down on the illegal checkpoints was several weeks ago, when they first appeared. They’re now an established fact, and any attempt to dismantle them could get messy.

It follows that the longer the checkpoints are allowed to continue, the greater the risk that iwi separatists will regard it as their de facto right to police their own “borders” – and by implication, assert sovereignty in other areas of public life, which you can be sure was Harawira’s goal from the get-go. The ultimate objective, as I’ve said before, is the formation of an Indigenous People’s Republic of Te Tai Tokerau.

National’s lame performance continued on Morning Report this morning when the party’s shadow police minister, Brett Hudson, called for “clarity” over the legality of what he euphemistically called “community checkpoints”. If the government was going to condone them, Hudson said, it needed to publish guidelines on how they should be legally operated.

Wow, there’s a ringing defence of individual rights for you. You can always count on the Nats to man the barricades when personal freedom is under attack.

In line with Radio NZ’s fastidious insistence on editorial balance, Morning Report followed the Hudson interview with a phone call to Tairawhiti activist Tina Ngata for her take on the checkpoints. She took an ingenious line, arguing that “community traffic management” is nothing new.

“This sort of activity has been happening for a long time," Ngata said, citing the role of Maori wardens in traffic management and stretching credulity by implying the checkpoints were no different from locals taking charge of traffic at events such as galas and tangis. 

A crucial difference is that Maori wardens enjoy quasi-official status, and have done for a long time. Their activities are sanctioned under the Maori Community Development Act of 1962, and by virtue of their long history they function with the implied consent and goodwill of the community. 

The people manning the Northland and East Cape roadblocks enjoy no such legitimacy. Besides, I've never heard of anyone feeling intimidated or coerced by a Maori warden; on the contrary, their presence is usually a calming influence.

Ngata also said no one has been forced to stop. Perhaps that’s true in her East Coast rohe, but try telling that to the drivers who felt intimidated in the Far North, or the elderly man who was turned back at Maketu.

The justification advanced by the people manning the checkpoints is that they are doing so with the aim of protecting remote communities. Any reasonable person can sympathise with that objective, but it falls far short of justification for allowing self-appointed guardians to take the law into their own hands. Viewed against the backdrop of a long push for Maori nationalism, it should be seen for what it is: an attempt to advance a race-based separatist agenda.

This challenge to the rule of law is happening in plain sight, and no one – not even the National opposition – is doing anything about it, other than impotently tut-tutting.

Footnote: As I was writing this post, prime minister Jacinda Ardern was reportedly asked a question at her daily press conference about the legality of the checkpoints and indicated  she supported them. I haven't seen this mentioned anywhere other than on Maori TV, where it was reported in te reo.  The mainstream media generally maintain a studied indifference to the issue - with the honourable exception of Stuff columnist Martin van Beynen, who wrote what I thought was a rather restrained column about it last Saturday.