Wednesday, September 25, 2019

I missed one

Exhibit C (see previous post): Greta Thunberg and the attendant media circus.

Tuesday, September 24, 2019

Peak craziness reconsidered


I wrote a column a few weeks ago suggesting we had reached peak craziness. Alas, I was wrong.

Exhibit A: One morning last week I heard the actress Robyn Malcolm assert on Morning Report that the role of Gandalf in the proposed Amazon TV production of The Lord of the Rings should be played by a woman. And not just any type of woman, but specifically by a kuia (or as she put it tautologically, “an old Maori kuia”).

Ian McKellen did a great job playing Gandalf in the movie adaptations, Malcolm conceded, “but we don’t need another old guy with a long white beard”.

Was it a joke? You’d like to think so, but I fear not.

Assuming, then, that Malcolm was serious, we can anticipate a few obvious problems with her idea. First, J R R Tolkien very specifically envisaged an old guy with a long white beard when he created the character of Gandalf. And while the author may be long dead, he’s entitled to respect for the integrity of his story and characters. He certainly deserves better than to have them hijacked to satisfy a passing ideological fashion. 

You’d think that of all people, someone like Malcolm – who, after all, depends for her livelihood on the ability of writers to create compelling characters for actors to play – would grasp that. Evidently not.

There’s also the tricky matter of explaining how an old Maori woman would come to be living in Middle Earth – a fantasy realm, admittedly, but one very clearly rooted in European lore and culture.

That leads us to the most obvious difficulty of all – namely, that no company is going to spend hundreds of millions employing Malcolm’s acting mates on a TV series that no one will want to watch, which would surely be the fate of a Lord of the Rings that lacked one of its defining characters.

If someone wants to create a TV series with a kuia as its central figure, well and good. But fans of Lord of the Rings (I’m not one, incidentally, but that’s neither here nor there) love it as it is, not as some virtue-signalling thespian imagines it should be.

In any case, why stop at Gandalf? Literature is riddled with figures who perpetuate repressive patriarchal models. Why not cast a black woman – better still, a lesbian refugee from somewhere like Sudan – in the role of Sherlock Holmes? And given that Daniel Craig has apparently tired of the role, what’s to stop the producers of the next James Bond movie from casting a trans woman – perhaps in a wheelchair, just to reinforce the sense of inclusiveness – as agent 007?

Once you adopt the idea that the purpose of films and other forms of entertainment is to advance an ideological agenda, the possibilities are limitless. But we know from history what happens when literature and the arts are co-opted to enforce someone’s idea of correct thinking. I mean, how many great works came out of Stalin’s Soviet Union? I remember a Peter Sellers skit that made a joke about a mythical Soviet film called The Seven Brave Tractor Drivers, which more or less sums up what happens when art becomes a vehicle for ideological propaganda.

I now turn to Exhibit B in Peak Craziness Reconsidered. For this we need look no further than Canadian prime minister Justin Trudeau, who has fallen victim to the pernicious concept of presentism – the insistence that past actions and statements be interpreted and judged according to contemporary values.

In 2001, Trudeau – then aged 29, and employed as a schoolteacher – attended an Arabian Nights-themed fancy dress party. He wore robes and a turban and had his face, neck and hands darkened. Someone mischievously (or more likely maliciously) supplied Time magazine with a photo showing Trudeau with other attendees, thereby triggering an explosion of moral outrage which almost matches the one that erupted when Austrian president Kurt Waldheim was exposed as a former intelligence officer in the German army during the Second World War.

The comparison with Waldheim is not inappropriate. Amid the vindictive fervour generated by neo-Marxist witch-hunters, wearing brownface – a term most of us had never heard until the Trudeau affair, but which is presumably only a degree less offensive than blackface – is on a par with war crimes. And no one is safe, not even a politician who has gone to great lengths to demonstrate his sympathy for fashionable causes.

It’s impossible to ignore the irony that the very people Trudeau has tried to ingratiate himself with are the ones who have turned on him. So it’s true: the revolution really does devour its own children. The furore should serve as a lesson that even the most impeccably woke politicians aren’t immune from malevolent trolls.

Obviously wanting to get in ahead of any other career-destroying disclosures about his reprehensible past, Trudeau then confessed that while at high school, he had worn blackface while singing the Jamaican folk song Day-O. A closet racist, then, beyond all doubt; just one step removed from the Ku Klux Klan. And to think this was the prime minister who had pretended to welcome Syrian refugees. Gasp! Was there any limit to his deceit and hypocrisy?

Trudeau completed his own humiliation with an apology that took grovelling to a new level. But in the feverish orgy of judgmentalism that followed Time’s story, a few important points have been overlooked.

The first is that people’s actions should surely be judged by their intent and their consequences – and I mean real consequences, not the ones that exist only in febrile, highly politicised minds. Did Trudeau intend to hurt, mock, exploit or demean dark-skinned people? It was a fancy-dress party, for heaven’s sake. Was any harm done by colouring his face and wearing Arab robes?  Only to the overheated sensibilities of those who go through life looking for opportunities to take offence. Dressing as Aladdin hardly ranks as a crime against humanity.

Second, who in their past life hasn’t done something they now wish they hadn’t? Who wants to be held accountable for things they did decades ago, before their judgment had fully matured? I certainly wouldn’t. But Trudeau's self-righteous tormentors make no allowance for human frailties.

Moral perspectives change. Demanding that people’s past behaviour conform to contemporary codes laid down by a shrill, Pharisaical minority of activists raises the bar impossibly high. I doubt that many public figures could pass that test, and I imagine many lie awake at night fretting that their past will catch up with them.

Who knows? That Christmas pageant in your first year at school, when you were assigned to play Balthazar – you know, the one of the Three Wise Men who was traditionally depicted as black; somewhere there might still be an incriminating photo. Better track it down fast and put it through the shredder.  

Finally, what is it about wearing blackface that makes it so offensive that anyone guilty of it in their past is condemned as a white supremacist? It’s only four decades since New Zealanders without a racist fibre in their bodies sat down in front of the television on Sunday nights to enjoy The Black and White Minstrel Show.

Sure, it wouldn't happen now. But did it occur to anyone then that it was racist? Was the show intended to be degrading or insulting to people of colour? That should be the yardstick by which we now judge it. Again, intent is crucial.

Granted, in hindsight the use of blackface resulted in a grotesque caricature of black people that is now seen as offensive. Woolly wigs were worn and mouths and eyes were exaggeratedly big and white. It also evoked memories of the Jim Crow era, a time when black Americans suffered appalling institutionalised discrimination.

For those reasons it not surprisingly fell out of favour in the latter part of the 20th century. But somewhere along the line, it seems to have been forgotten that performing in blackface was often an acknowledgment that its white exponents owed a debt to genuine African-American minstrels of an earlier time. It was one manifestation of the racial and cultural cross-fertilisation – whites borrowing from blacks and vice-versa – that left a permanent imprint on American music.

The fact that blackface, however innocently used, has since come to be regarded as a vile assertion of white supremacy and a potential destroyer of political careers, even for someone with Trudeau’s liberal credentials, shows how devastatingly effective the march of identity politics has been – and how brittle the political fabric of western democracy has become.

Monday, September 23, 2019

Obituary: Alister Taylor

(The Dominion Post asked me to write this obituary. It was published on September 21.)

RUPERT ALISTER HALLS TAYLOR
Publisher
Born Blenheim September 21 1943
Died Russell September 9 2019

Writer and historian Tony Simpson used to joke that when Alister Taylor died, he would have him stuffed and mounted in his living room as a conversation piece.

He never got his wish. Taylor was cremated this week after dying at his home in the Bay of Islands, aged 75. But the radical publisher’s tumultuous life assured him of conversation-piece status regardless. When book people from a certain era get together, says Simpson, “we swap Alister Taylor anecdotes.”

Charming and generous but notoriously casual about paying his debts, Taylor was far-sighted and a risk-taker at a time when the publishing business was timid and conservative. He gave several prominent writers their first break and they remained grateful, even though some never saw any money.

His books ranged from the flippant (The Muldoon Annual Joke Book) to volumes of poetry by Sam Hunt and Alistair Campbell and lavishly illustrated works showcasing the paintings of C F Goldie and Dame Robin White and the photographs of Marti Friedlander and Robin Morrison.

Taylor was working for the venerable New Zealand publishing house of A H & A W Reed in 1971 when he tried to interest his employers in an English translation of The Little Red Book for School Pupils, better known simply as The Little Red Schoolbook, a subversive work by two Danish teachers whose frank advice for school children ranged across such taboo subjects as sex and drugs.

When the devoutly Christian publishers not surprisingly declined, as they also did when Taylor urged them to publish the then radical student leader Tim Shadbolt’s Bullshit and Jellybeans, Taylor published the books himself.

The two books captured the spirit of the emerging counter-culture and served as a test of the liberality of New Zealand’s censorship laws. They also installed Taylor as the enfant terrible of the publishing business and launched him on a career in which he managed to earn respect as a publisher of serious, quality books and a patron of emerging writers while simultaneously leaving a trail of bad debts and despairing creditors.

He was bankrupted twice over the course of a turbulent career in which his propensity for spending money was matched by his disregard for financial obligations. Wellington lawyer Hugh Rennie QC, who knew Taylor from university days and acted for some of his unpaid authors, says that “Alister existed in a parallel universe where financial compliance was irrelevant to his objectives”.

The son of a travelling salesman, Taylor grew up in Blenheim and Palmerston North. Writer and former ACT MP Deborah Coddington, who had three children with him during their 25 years together, says he had a happy upbringing, though not a privileged one, with three sisters and an older brother.

At Victoria University in the mid-1960s, he was part of a lively circle of student leaders who would go on to make their marks in the media, the arts, the law and politics. A stylish dresser, instantly recogniseable with his thick, shaggy dark hair and glasses, Taylor was a combative figure in student politics. Even then, he was caught up in controversy over irregularities in Students’ Association finances.

He was also, at that time, a rising young star in the National Party. Simpson remembers him attending a university seminar with his then girlfriend Helen Sutch, daughter of the high-profile economist and public servant Bill Sutch, and constantly heckling left-wing speakers. But Taylor parted company with National over New Zealand’s participation in the Vietnam War. Coddington says he was physically manhandled from the stage at a party conference when he tried to give a speech opposing the war.

A Stuff story about his death said he once chained himself to a lamppost during an anti-Vietnam protest, but Coddington says that wasn't quite right. He was handcuffed to the pole by the police while they rounded up his fellow offenders.

Exhibiting the vision, boundless self-confidence and entrepreneurial flair that would mark his publishing career, Taylor went on to organise the Peace, Power and Politics in Asia conference, a landmark event of 1968. The speakers included such international luminaries as the Irish writer and politician Conor Cruise O’Brien and the Indian diplomat and former defence minister, V K Krishna Menon.

By then Taylor was working for the New Zealand Broadcasting Corporation as a producer of the radio current affairs programme Checkpoint. The NZBC, which was kept under tight government control, took a dim view of his political activities and fired him.

Broadcasting’s loss was publishing’s gain. The publication three years later of The Little Red Schoolbook and Shadbolt’s Bullshit and Jellybeans (the latter a combination of autobiography and political manifesto) was emblematic of a period when post-war establishment values were coming under siege from the baby boomer generation.

Simpson’s The Sugarbag Years, an acclaimed oral history of New Zealanders’ experiences in the Great Depression, was another success story. Simpson had known Taylor in their university days and turned to him when he couldn’t interest mainstream publishers in the project.

“He snapped up the idea straight away. That was the thing about Alister: he had a creative and an imaginative mind.” Published in 1974, The Sugarbag Years became a best-seller and effectively kick-started Simpson’s career.

Taylor also launched the career of historian Michael King, publishing King’s first book, Moko: Tattooing in the 20th Century, in 1972. Simpson recalls King phoning him and plaintively inquiring whether he had been paid any royalties for The Sugarbag Years, because King hadn’t received any for his book.

Even then, Taylor had a reputation as an unreliable payer. “Like a lot of creative and imaginative people, he was a flawed personality in a lot of ways. He regarded other people’s money as his money.”

Taylor published another of Simpson’s books, Te Riri Pakeha, about the alienation of Maori land, in 1990. The author ended up taking Taylor to court for unpaid royalties and won the case. When he still didn’t get his money, he had Taylor declared bankrupt.

In the course of those legal proceedings, Simpson obtained a list of Taylor’s creditors, which he describes as one of the world’s most astonishing documents. It included every wine merchant within a 160km radius. “He lived extremely well and he did it all on credit.

“He and I didn’t see one another for many years after that, but I’ve always been very grateful to him because in a very real way I think I owe him my writing career. And I’m not the only one – there was Michael King too.

“Alister was very much of that era, and at the centre of what was going on.”

An idealist on one level, but without a conscience when it came to financial affairs? “Oh yes, he was a total rogue. But a genial rogue who did some great things.”

In the 1970s, Taylor moved from Wellington, where he owned the historic Rita Angus Cottage in Thorndon, to Martinborough, where he planted a vineyard on an 80-hectare property originally owned by the Martin family who founded the town.

Coddington, who joined him there in 1978 with her young daughter Briar, says it was an example of his remarkable prescience – his ability to foresee trends and get in ahead of them. No one else was growing grapes in Martinborough at the time; that would come several years later. But he bought the property on instinct because the climate reminded him of Marlborough, then in the midst of a winemaking boom.

Taylor also saw potential in Waiura, the old Martin family homestead on the property, which was virtually derelict and used to store hay. “He had the foresight to see the value in preserving old buildings,” says Coddington. “Now everyone runs around doing it.”

The couple’s three children – Rupert, Valentine and Imogen – were born during the Martinborough years. It was a time when Waiura became synonymous with extravagant hospitality, which Taylor sometimes used to placate angry creditors.

“Alister was a wonderful cook and a fantastic host,” Coddington recalls. “Authors would come over from Wellington saying ‘This time I’m going to get my royalties’, and Alister would get out a bottle of Chateau Mouton Rothschild or whatever and whip up a quiche and a persimmon steamed pudding with whipped cream and they would leave wined and dined and still with no money.”

But the vineyard was an expensive failure, sucking up all the money Taylor had made from his publishing ventures. Rabbits and possums destroyed his vines and Taylor ended up in a messy dispute with Shadbolt, then a concrete contractor, over the $100,000 wine cellar Shadbolt had built for him.

In 1983, the property was knocked down in a mortgagee sale (it subsequently became Te Kairanga Vineyard, which is now thriving under American ownership) and Taylor and Coddington moved to the Bay of Islands.

In Russell, they ran a café. Taylor did the cooking and Coddington waited on tables. Coddington later acquired The Gables restaurant on the Russell waterfront but by 1990 the couple had moved to Auckland, where Coddington got a job writing for North & South.

Taylor remained active in the books business, publishing – among other things – the New Zealand Who’s Who Aotearoa, in competition with a long-established book published by Reeds. It still rankles with retired journalist Max Lambert, who edited the Reeds version, that Taylor’s book masqueraded as the “official” Who’s Who, trading on its rival’s reputation.

“In my book he was a shyster,” Lambert says of Taylor. “He did some pretty underhand things, which is a pity because he had some good ideas. He did a brilliant book on horses.”

Three books on horses, in fact, starting in 1980 with Notable New Zealand Thoroughbreds, by Waikanae writer and lifelong racing fan Mary Mountier.  Did she end up out of pocket? “Oh God yes, everyone did,” she says.

Yet Mountier has no regrets. The limited-edition book was printed to exacting standards in Japan and Taylor spared no expense, sending her to Japan to supervise production and later to Australia and Britain to research similar books there.  “That was part of the problem. He was very generous, but he kept on spending even when the cheques started to bounce.”

Mountier says Taylor had a knack for finding writers who had a passion for particular subjects and who were willing to put in inordinate amounts of time and effort. But she’s proud of the books and grateful for the experience of having met people at the top echelons of the international racing scene. And she’s especially proud that all three are in the Queen’s library.

Taylor and Coddington parted in 2003, the year after Coddington was elected to Parliament. Even then Taylor was embroiled in legal problems – this time in New South Wales, where the Commissioner for Fair Trading took action against him over the alleged late and non-delivery of books.

Despite the split, Coddington retained “a huge amount of affection” for him and says his children loved him too.

She told Stuff the day before the funeral: “The kids were asking me what he was like when I met him. He was the man. He was the man.”

An essential trait of his personality, she said, was that he was anti-authority – “an anarchist”. He never seemed troubled by the mayhem he left in his wake and threats of legal action would just “wash over him”.

Now married to lawyer Colin Carruthers QC and living in Martinborough again, Coddington was co-owner of some of Taylor’s companies and admits a measure of responsibility for his bad behaviour toward people to whom he owed money. “Of course I do – guilt and responsibility, but I can’t turn back the clock.”

What Taylor did to people was reprehensible, she says – “all those poor people who signed contracts that were never honoured.

“I know of people, authors, who went to their letterboxes having been told there was a cheque in the mail, and there was never a cheque in the mail. You can’t do that to people.”

In his last years, Taylor lived on his own in Russell. He was found dead at home after a suspected heart attack.

Friday, September 20, 2019

It's way past time to reclaim and honour our history

(First published in The Dominion Post and on Stuff.co.nz, September 19.)

I remember almost nothing of the history I learned at secondary school. This is odd, because history interests me.

As a kid I would pore over my uncle Dick Scott’s illustrated history of New Zealand, Inheritors of a Dream. I still have it on my bookshelf.

At Central Hawke’s Bay College in the 1960s I was taught history by Brian Davies, one of the few teachers I remember with any affection.

Davies – who, sadly, was found dead a few months ago after being reported missing in Tauranga, aged 85 – would often go off-script and discuss current events. He would talk about the split between the two great communist powers, China and the Soviet Union, and the ideological contest between capitalist democracy and totalitarian communism.

But even Davies couldn’t make the history curriculum interesting. I know we were taught 19th century New Zealand history because I vaguely remember stuff about Sir George Grey, but none of it stuck.

Later, at St Patrick’s College, Silverstream, I was taught history by Spiro Zavos. I enjoyed Spiro’s classes too, but the enjoyment had little to do with history. He had the advantage of being almost the same generation as his pupils and was easily diverted into discussions about things that were happening in the world of now.

Alas, Spiro left at the end of that year and would later switch to journalism. The Englishman who replaced him was as dry and dusty as the textbooks we were required to read.  

Mr Chips he wasn’t. I retain no memory whatsoever of what we were taught in my upper sixth year, as we called it then, except that the Tudors were involved. It was paralysingly boring and I couldn’t see the relevance of it.

I still can’t, and can only conclude that the curriculum was a hangover from the days of empire. It probably reflected a view that New Zealand was too young, too small and too insignificant to have a real history of its own, and that the only one worth telling was the one we inherited from Britain.

But there’s no earthly reason why history should be dull, and still less reason why we shouldn’t celebrate our own – which is why we should applaud, at least in principle, the government’s decision to make the teaching of New Zealand history compulsory. It should have happened decades ago.

We have a rich and colourful heritage, both pre- and post-European settlement, that has been sorely neglected. In this respect we are quite unlike the Australians and Americans, who cherish their histories – the bad bits as well as the good.

A couple of years ago I found my way to the site of the Battle of Te Ngutu o te Manu (the beak of the bird) in south Taranaki, where the Prussian adventurer Gustavus Von Tempsky and 20 colonial troops were killed in 1868 by Hauhau warriors under the command of the formidable chief Titokowaru. Right there you have two compelling characters to rival America’s Sitting Bull and George Custer.

I wouldn’t have bothered seeking out the battle site, except that I had a personal reason for going there: my great-grandfather, a member of the Taranaki Volunteers, was wounded in the fighting and narrowly escaped with his life. But here’s the interesting thing: you could drive right past the battle site and not know it’s there.

The same is true of many other significant sites from the New Zealand Wars. How many people know eight soldiers died at Boulcott’s Farm, in what is now the heart of Lower Hutt? Or that a British force of more than 250 laid siege to a Te Ati Awa pa at Battle Hill, near Pauatahunui?

In Australia or America, sites like Te Ngutu o te Manu – Rangiriri, Orakau and Gate Pa too – would be tourist attractions, like the Eureka Stockade in Ballarat or Little Bighorn in Montana. 

So yes, it’s way past time to reclaim and honour our history, and secondary schools are a good place to start.

But there’s an important caveat to all this. There is no neutral view of history and no consensus about how it should be explained and interpreted. It follows that the teaching of history is ripe with potential for revisionism and ideological spin.

The proposed emphasis on colonisation, for instance, makes me uneasy – not because the subject should be ignored, but because colonisation has been seized as a convenient bumper-sticker explanation for everything bad that has happened to Maori.

A balanced reading of our history suggests it's a lot more complicated than that, but I've got an uneasy feeling that the curriculum will come loaded with a very large dollop of white shame and guit.


The buzz and bitchiness of local government politics

(First published in The Manawatu Standard and on Stuff.co.nz, September 18).

I switched on Radio New Zealand’s Morning Report one day last week to hear a babble of raised voices all trying to talk across each other. It was the sort of cacophony you might hear when a rat appears in a chookhouse.

I realised instantly that it must have something to do with the local government elections. Sure enough, it turned out to be a debate – a euphemistic term in this instance – between the three main rivals for the mayoralty of Christchurch.

It’s always a febrile time, this period leading up to council elections. There’s a peculiarly bitchy quality to local government: a propensity for petty squabbles and personality clashes that can make national politics look almost mature and sophisticated by comparison. It may be a far smaller stage, but there’s certainly no shortage of ego or ambition.  

What motivates people to stand for office? The answer, you’d like to think, is a desire to enhance community wellbeing and contribute to sound local governance, and no doubt that’s true for many candidates. They’re certainly not in it for glamour, money or prestige.

But with some local politicians, it’s hard to escape the feeling that they become addicted to the buzz of power. There’s a hint of that in Auckland’s mayoral election, where two former Labour cabinet ministers, Phil Goff and John Tamihere, are slugging it out in an ill-tempered contest tinged with personal venom.

Admittedly things could have been worse. Former mayor John Banks, another ex-cabinet minister, threatened to have another run but mercifully changed his mind. There are too many political retreads in local government already.

Should we care what happens in Auckland? Too right we should. For better or for worse, it’s the economic engine room of the whole country, with a GDP that exceeds those of Wellington, Canterbury and Waikato combined. How well it’s managed ultimately affects all of us.

Auckland isn’t the only arena where things have turned heated. In Wellington, filmmaker Sir Peter Jackson has waded into a fractious dispute over a murky development deal involving former Defence Force land and local iwi interests.

Jackson, who seems motivated by a sincere commitment to Wellington, is backing a mayoral challenge by veteran city councillor Andy Foster. It will be interesting to see which side has the greater pull – the earnest but colourless Foster, backed by Jackson’s money, or sitting mayor Justin Lester with the formidable support of the local Labour Party machine.

Meanwhile, in Invercargill, Sir Tim Shadbolt – famous for once saying “I don’t care where as long as I’m mayor” – is chasing his eighth term, and I assume he’ll romp back in. Southlanders love him because he’s given their province something it never used to have: a profile.

Shadbolt cultivates a buffoonish image, but there’s a calculating politician behind the goofy grin. He knows he can get away with self-aggrandising behaviour - such as spending ratepayers’ money on “I met the mayor” wristbands - because he’s trained the voters of Invercargill to expect that sort of stunt from him.

Christchurch illustrates another quirk of local government. Contenders who must realise they don’t have a snowball’s chance in hell nonetheless keep putting themselves forward. Their optimism, or perhaps it’s idealistic zeal, is inextinguishable.

John Minto, one of the Christchurch hopefuls, is a case in point. New Zealand voters have an admirable history of rejecting extremists from both the Left and Right of politics, but Minto - a tireless campaigner for radical causes - is undeterred.  Like Mr Wobbly Man in the Noddy stories, he keeps getting knocked down but bounces back up again.

In Christchurch three years ago he won 13,117 votes, or 14 per cent of the total – not an embarrassing result, and certainly a lot better than the 3 per cent he managed when he contested the Auckland mayoralty in 2013. The Left is good at organising, and my guess is that Minto benefited from the highly motivated activist vote. But he was still more than 62,000 shy of Lianne Dalziell’s winning total.

Speaking of Christchurch, mayoral candidate Michael “Tubby” Hansen deserves a special mention. He has contested every election since 1971 and had his best-ever result in 2013, when he attracted 1.57 per cent of the vote.

What makes him stand time after time? That’s a question only he can answer. If Minto represents one type of local government candidate – the committed activist – then Hansen is another: the quixotic oddball. Every city seems to have one.

The depressing thing is that when all the election drama has subsided and the votes have been counted, what difference will it make? In most councils, real power is exercised by bureaucrats over whom elected councillors wield very limited influence and who sometimes treat their nominal bosses with contempt.

This is especially true in Auckland, where so-called council-controlled organisations have turned out to be anything but. The phrase "grassroots democracy" has a nice ring to it, but it has never sounded more hollow.


Tuesday, September 17, 2019

It now falls to private citizens to defend free speech

(This column was published in The Dominion Post and on Stuff.co.nz on September 5. I omitted to put it on my blog at the time but I'm correcting that oversight now. The court's decision is still pending.) 

A court case with vital implications for freedom of speech has been played out this week in the High Court at Auckland.

The proceedings were initiated by the Free Speech Coalition, which is challenging the lawfulness of a decision by Regional Facilities Auckland – an arm of Auckland Council – to cancel an appearance last year by the controversial Canadian speakers Lauren Southern and Stefan Molyneux.

RFA, which controls the venue where the Canadians were to speak, says the action was taken for safety and security reasons after it became apparent that protesters might target the event. But the coalition claims the cancellation was an act of political censorship – and that even if there were genuine safety concerns, which it disputes, RFA shouldn’t have bowed to unsubstantiated threats of disruption.

The coalition argues this set a dangerous precedent whereby a mere threat of trouble can be used to shut down events that protesters disapprove of. This tactic, which is sometimes referred to as the “heckler’s veto”, was also used to justify the ludicrous decision by Massey University’s vice-chancellor to bar the former National Party leader Don Brash.

The real reason for the cancellation of the Brash speech was subsequently revealed to be the vice-chancellor’s objection to his opinions. The Free Speech Coalition suspects there was a similar motive for RFA’s decision not to allow Southern and Molyneux to use the Bruce Mason Centre at Takapuna.

An interesting aspect of the Auckland court proceedings, which took place before Justice Pherose Jagose, was the involvement of the Human Rights Commission as an “intervener” – a status sometimes granted to a person or organisation with no direct interest in the proceedings but with expertise that might help the court in its deliberations.

Anyone expecting the commission to deliver a resounding defence of free speech would have been disappointed. Its 38-page submission canvassed legal issues and precedents but left open the question of whether RFA was justified in denying the Canadians a speaking venue. That will be for the judge to decide.

The commission did, however, say the right to free speech is not absolute, and pointed to a Court of Appeal finding that constraints on “hateful and dangerous speech” – which is what Southern and Molyneux were accused of, although we never found out whether the accusation was justified – were “seldom difficult to justify”. I wonder if that’s a clue to the commission’s thinking, and that it believes banning the Canadians was the correct action.

Certainly it seems we shouldn’t expect the commission to champion what has been regarded for centuries as one of the defining rights of a liberal democracy. It now apparently falls to private citizens, in the form of the crowd-funded Free Speech Coalition, to defend freedom of expression.  

Dry legal arguments aside, the Auckland case was interesting for what it revealed about events behind the scenes.

Documents placed before the court show the speed with which the Auckland Left’s lobbying machine moved into gear once serial protester Valerie Morse learned of the proposed speaking engagement and contacted sympathetic Auckland councillor Cathy Casey.

They knew exactly which buttons to push. Within less than 24 hours, RFA had reneged on a signed contract with the event promoters and mayor Phil Goff had got in on the act and announced on Twitter that the Canadians would be barred from all council-owned venues.

Goff placed himself at the centre of events, telling Radio New Zealand that he wasn’t going to “aid and abet racist nonsense”. He apparently wanted to present himself as the man who saved New Zealand from a pair of racist haters, when in fact the cancellation may have been the action of a risk-averse RFA bureaucracy – albeit one emboldened by the knowledge that the mayor didn’t want the event to go ahead.

One telling email exchange revealed close co-ordination between the mayor’s office and RFA, with an obviously impatient functionary in Goff’s office telling RFA at one point: “The mayor is getting itchy twitter fingers”. Hmmm.

The views of Southern and Molyneux, whom Morse hysterically described as fascists, are almost irrelevant here. Their opinions may be offensive to some, but the main purpose of the court action is to uphold the right of peaceful assembly and challenge the right of bureaucrats and politicians to act as censors.

In any case, free speech includes the right to give offence – and unless the Canadians intended to urge their audience to commit unlawful acts, and there’s no evidence that they did, they were entitled to speak.

More to the point, New Zealanders were entitled to hear them and form their own opinions as to whether the Canadians were poisonous.

Disclosure: I have donated to the Free Speech Coalition. 

Friday, September 13, 2019

Quote of the day


On Morning Report, from a Piha resident complaining about the lack of action to remedy local pollution: “When all is said and done, a lot more has been said than done.”