Kiwi Polemicist

December 12, 2008

A reader’s letter to John Key

Devoted reader MikeNZ (am I delusional?) read the following in an earlier post of mine:

Why do I refer to the government as a slave master? Because there is a body of opinion amongst constitutional lawyers which says that the government stole sovereignty (ultimate authority) from the citizens and rendered itself illegitimate when it passed the Constitution Act 1986.

He responded by writing a letter to the Prime Minister, John Key:

Dear Mr Key
I am not a lawyer let alone a constitutional lawyer but the statement below about the Constitution Act 1986 does worry me in that if it is a true or correct statement then it seems to me you are the one best placed to amend or rescind the offending Act.

Please note I am not writing about the statement about taxes, I share your view that they are necessary but Government should take as little as needed but I didn’t want to cut up the whole post.
Also Like many in the National party I found the EFA offensive and totally wrong both in intention and operation and look forward to the National Party Government redeeming parliament and giving us back complete freedom of expression (without being rude, offensive or lying) ot the people of NZ.

However the statement concerning the Constitution Act refers to a body of opinion amongst constitutional lawyers, who unlike myself are learned in this particular area.
As Prime Minister you may well be aware of this issue already and I would appreciate one of your staff reviewing this and wish to give my support to all laws that do not breach the NZBora [New Zealand Bill of Rights Act].

I am putting this here so that it is a matter of public record that this was sent to John Key on or about 10 December 2008.

I suspect that Key will do what Helen Clark did, which is ignore a letter requesting an interview to discuss this matter.

Can you imagine Key putting his hands up and saying “Yes, I am leading an illegal government. We have no authority to legislate, tax, or enforce laws. In fact all laws and regulations passed since 1 January 1986 are null and void, and we must refund all taxes paid since that date. That’s unless the correct date is 1947 or 1920“.

Lo! I see a squadron of pigs flying past.

What do you think about the NZ government’s legitimacy?

November 20, 2008

The National Party is losing its rural roots

The NZ Herald describes the makeup of the new National Party Cabinet thus:

The last National Government could name at least six farmers in the Cabinet.

Or if they weren’t farmers, they had farming interests and concerns.

Men and women like Jenny Shipley, John Luxton, Wyatt Creech, Bill English, Lockwood Smith and David Carter.

Don McKinnon was into farm management, and even Clem Simich lists farming as a former occupation.

This time around law leads. We are now guided by eight representatives with legal qualifications, including Simon Power, Judith Collins, Chris Finlayson, Wayne Mapp, Kate Wilkinson, Richard Worth, Murray McCully and Georgina te Heuheu.

And some are very highly qualified. Ms Collins, Mr Finlayson and Dr Mapp have masters degrees in law, while Pita Sharples, Nick Smith and Lockwood Smith all hold doctorates.

The agricultural community is represented, but only just. Mr English and Lockwood Smith still list farming as their other occupation.

National has traditionally been supported by the rural sector, but this shift away from having farmers in cabinet won’t endear the party to famers, and nor will National’s overall move to the left. Favouring lawyers over farmers also has implications for you and the rest of New Zealand.

Lawyers tend to want use laws to fix problems, simply because that is what they know. Farmers tend to have an earthier view of life* (sorry) and are inclined to look for for practical solutions to problems. Allow me to illustrate.

What will a farmer do if he has a cow that kicks him during milking? Will he call for a law banning the breeding of cows that kick? No, he will consider the options for a practical solution, e.g. restraining the cow during milking, culling, and removing the cow from his breeding programme. Compare this with the judge who cut his finger on a staple holding legal papers together and thereafter required that staples be applied upside down (this was related to me by a lawyer who prepared my will and applied the staple in the required manner).

Fewer farmers and more lawyers in cabinet is likely to mean fewer practical solutions and more legal solutions for New Zealand: I don’t know about you, but I am more than a little tired of legal solutions.

I am particularly interested to hear comments on this from Samuel Dennis, Ele Ludemann, and other rural readers. Comments from city folk are also welcome, naturally.

**********

* I worked in the rural sector for a short time and I found that witnessing such events as the birth of calves, the shooting of sick calves, and a steer crushing a man on a loading ramp gave me a down-to-earth, realistic perspective on life that working in accounting never did.

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