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PETER WILLIAMS: End Judicial Activism

Judicial activism is showing no signs of slowing down, and it’s a stain on our society.


If you have any fraction of Maori in your bloodline, it is, according to a Family Court judge, “necessary to consider familial, community and cultural matters which are inherent in the development of the identity of a Maori child. These considerations are different from those for a Pakeha child.”


If you’re concerned about the growing level of tension in race relations in this country, look no further than those appalling words from Family Court judge Jill Moss.


How can a member of our judiciary state that Maori are different from non-Maori and say that some children in New Zealand need a different kind of upbringing to others?


What’s more this judge says the obligation to consider those “familial, community and cultural matters” arose from the Treaty of Waitangi.


That is insulting and arrant nonsense.


Which Article of the Treaty says some New Zealanders should be treated differently to others?


Even those with just a rudimentary knowledge of the Treaty understand the three Articles: 1 - the Chiefs ceded the right to govern to the Crown, 2 - Maori would retain ownership and control over their lands and other property, and 3 - all New Zealanders would become British subjects.


It is in Article Three that the concept of “all the ordinary people of New Zealand” having the “same rights and duties of citizenship as the people of England” is clearly spelled out.


How can a learned judge of the Family Court re-interpret a much studied document of 183 years ago and find that some ordinary people of New Zealand have different rights and duties?


This whole Family Court debacle came about after a gay female couple wanted a child and decided for reasons best known to themselves to have a Maori sperm donor.


The complication came when the mother and the sperm donor signed an agreement allowing the donor to have a role in the child’s life.


Bad, bad mistake.


If you’re female and gay and want a child, keep the father anonymous and out of both your life, and the life of the child. It’s much less complicated.


In this case the relationship between the mother and the sperm donor fell apart, yet the donor wanted not just to be part of his daughter’s life but also insisted that “she be aware of her identity and proud of her heritage.”


A psychologist’s report quoted the sperm donor father as saying his daughter needed “urgent attention to matters relating to her identity and a defined sense of belonging within her whanau.” The psychologist went on to assert “that approach does not accord with Eurocentric social science theory.”


In the end the Judge decided this sperm donor father can see his daughter once every three weeks. The young girl is currently five years old. I despair of the confusing upbringing she will have.


But I despair more at the insults that educated people are throwing at my non-Maori, or if you like Pakeha, culture. I’ve always led a way of life where family connections are paramount and where we all have a sense of belonging.


I’m deeply offended that a Family Court judge says that Maori children should have different considerations than those for a Pakeha child, and that a psychologist believes “Eurocentric social science theory” (whatever the hell that is) does not include a sense of belonging inside a family.


It is time academics in ivory towers stopped praising Maori and whanau life as superior to the rest of us.


It is not.


We are all New Zealanders. We all have, under Article Three of the Treaty the ”same rights and duties of citizenship.”


It is time to stop the insults and the division. It will ease the tension.



Writer and broadcaster for half a century. Now watching from the sidelines. Subscribe to Peter William's Substack here

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155 commenti


Stuart MacGregor
Stuart MacGregor
24 nov 2023

With all of the crazy off the wall applications of the treaty, one would think that it was a 300 page document not just a one page three articles document. Hopefully the new government will view this sort of stupidity with fresh eyes and put a stop to the judicial system determining what the supposed intent of the treaty is or was, on a daily basis. Maori activists want to regard the treaty as a "Partnership'. That idea was never written into the treaty, expressed or implied. They want to hold the country to ransom with it and retain the self-assumed right to rewrite the treaty on a daily basis. In any case a "Partnership" would imply that there was…

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JW
JW
25 nov 2023
Risposta a

The brevity of the treaty is what has led to it being interpreted over the years by the judicial system. While many want to put a stop to this, the government of the day set up the Waitangi Tribunal to interpret it and nobody has proposed a different group. I think a degree of equality was intended in the treaty, hence its description as “akin to a partnership”

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fozmex
fozmex
23 nov 2023

You can blame the likes of Chris Finlayson and his ilk, that have gone before for all this insanity.


What kind of craziness has this country come to when we afford all the legal rights of a person to rivers and mountains?


We've all gone mad.


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Stuart MacGregor
Stuart MacGregor
24 nov 2023
Risposta a

I think he went back to working for Maori against the government.

Mi piace

I seriously doubt that anyone involved in drafting, editing, translating, editing, negotiating and agreeing to sign the Treaty of Waitangi could have imagined how it would be interpreted, used and abused in the future. They would never have believed that "the treaty" would be referred to in a legal decision to settle a dispute between a male "sperm donor" and a female in a same sex relationship with another female. How anyone can assume that there were "principles" of the treaty in 1840 that would apply to our vastly different modern society and economy is beyond belief. and totally irrational. The many interpretations of the 3 simple statements in this document and assumptions of principles that it never referred to may be ingenious…

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Risposta a

Huge generalisations. It's not one size fits all. Like autism , there are many , many variations. Similarly autism or dyslexia. We are all on the spectrum somewhere.

I wonder why you used the term as an insult ? Coupled with inaccurate information.

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tjalling.jonker
tjalling.jonker
23 nov 2023

very much worth reading this article.


and we all should remember why the family court was made into existence! and, especially, the secrecy surrounding it (although it has become more "open" in that cases now can be reported on. subject to approval, by the judge of course.


the family court is an utter disgrace and, operationally, so far removed from any fundamental legal principles it would indeed be the pride of a backward banana republic!


https://www.nzherald.co.nz/nz/ignorant-woman-lawyers-comments-about-judge-land-him-before-tribunal/3KSZJY35L5HLVEU2GMOK72I4MI/

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Oh what a wonderfully contrived set of off the wall 'social' problems these people have creatively invented for themselves, full of woke, AC/DC prejudice and rainbow delusions. As for the sperm donor ( was he also gay?) going through the courts and insisting on upholding the cultural identity high ground for the child, its the ultimate posturing of the warped woke left.

Poor child what chance does it have for a normal existence, I see mental health issues flourishing on all fronts, which will ,no doubt, be blamed on colonialism, culminating after years of counselling in the 'suffering' child and its progenitors being awarded lifetime benefits by PC left wing problem solvers.

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