Blowing Off The Froth: Why Chris Hipkins Must Ditch Three Waters.

Time To Call A Halt: Chris Hipkins knows that iwi leaders possess the means to make life very difficult for his government. Notwithstanding their objections, however, the Prime Minister’s direction of travel – already clearly signalled by his very public demotion of Nanaia Mahuta – must be confirmed by an emphatic and unequivocal pledge to repeal the Three Waters legislation and start again.

THERE’S FROTH, AND THERE’S BEER. What we see happening on the Waitangi Treaty Grounds every 6 February, not to mention the political performance-art on the lower marae, is froth. The beer of Māori-Pakeha relations is to be found in the private meeting rooms of Waitangi’s Copthorne Hotel & Resort, where the National Iwi Chairs Forum (NICF) deliberates in secret upon Maoridom’s next moves. It is there, in the days leading up to Waitangi Day, that New Zealand’s new Prime Minister, Chris Hipkins, will either face down the men and women driving the stake of co-governance into the heart of the Settler State – or see Labour spiral slowly to defeat.

The designation “Iwi Chairs” seems so innocuous. It conjures up the image of a roomful of corporate bureaucrats working their way through a very boring agenda, and breaking-off every now and then to listen to equally boring presentations from bankers, accountants and the occasional politician. In reality, the NICF represents the High Command of Maoridom: the strategic hub of the campaign to take back control of Aotearoa from its Pakeha conquerors. Those gathering at the Copthorne are not a bit like the rag-tag groups of Māori nationalist activists that came together in the 1970s and 80s. If tino rangatiratanga means “the power of the chiefs”, then these are the chiefs who wield it.

Thanks to thirty years of Treaty Settlements, the NICF is both well-positioned and well-resourced to flex its muscles. Between them, the iwi represented at the Forum command assets valued in the billions. That buys them all the big law firms and all the big lawyers they need. It buys them top-of-the-line lobbyists and public relations experts. It buys them influence in the news media and the universities. It means that, when the NICF whistles, serious politicians from all the major parties tend to come running – up to and including prime ministers.

In short, the NICF is what you get when you don’t want hundreds-of-thousands of working-class Māori demanding their fair share of the national cake. An uprising of marginalised urban Māori (the primary focus of Māori political agitation in the 1980s) could hardly avoid inspiring an even larger number of marginalised Pakeha. Such a potent socio-economic alliance would be extremely harmful to capitalism and other exploitative creatures. Hence the Crown’s inspired prophylactic against the further radicalisation of the Māori working-class – the Treaty Settlement Process. Make a handful of Māori aristocrats and other assorted high-flyers rich and powerful, and not only can they then be relied upon to keep the urban Māori poor quiet, but also to co-opt anyone of a mind to stir them up.

For a while.

The great risk of re-establishing a well-resourced and powerful indigenous elite is that, a generation or two later, those responsible will be faced with confident, highly educated young Māori who can think of no good reason why they – the privileged beneficiaries of the Treaty Settlement Process – should continue to provide a buffer between the heirs of their colonial conquerors and the tens-of-thousands of Māori families made poor, and kept poor, by colonisation.

What’s more, this generation will evince no interest in constructing a Māori-Pakeha working-class alliance against either Pakeha Capitalism or the Neo-Tribal Capitalist sub-system brought into being by the Treaty Settlement Process. The generation raised under this ethnically-charged neoliberal regime will not be socialists, they will be ethno-nationalists. If wealth is to be redistributed, it will not be from the rich to the poor, but from the descendants of the Pakeha colonisers to the descendants of the colonised Māori. It will be a revolution driven by race, not class.

There could be no better example of the policies generated by the iwi elites and their political representatives than the project known as Three Waters. Putting Private Members Bills to one side, it is rare to encounter a piece of legislation so closely associated with and shaped by a single member of Cabinet – in this case, the then Local Government Minister, Nanaia Mahuta. Nor is it common to see a legislative project preceded by an advertising campaign subsequently condemned as both misleading and inaccurate. The Labour Government’s decision to reverse its earlier affirmation that local authorities would be free to opt-out of the scheme only compounded the ethical problems besetting Mahuta’s project.

At the forefront of these was the legislation’s commitment to “co-governance”. In the midst of structures specifically designed to protect the relevant “entities” from all forms of democratic accountability, the legislation located a body split 50/50 between members supposedly chosen to represent the interests of local consumers, and those indisputably chosen to represent the interests of local iwi.

NZ First’s Shane Jones’s description of Mahuta’s Three Waters Project was typically robust:

What was initially an attempt to fix some drinking water has turned into a highly divisive and pulverising social experiment that has got nothing to do with poo pipes and infrastructure. Now it’s got everything to do with whether or not tribes should have a superior right [over water].

Jones also argued that Jacinda Ardern’s government had “lost control” of Mahuta’s project:

She was unable to control Nanaia Mahuta, who has proven to be one of New Zealand’s most divisive politicians that God ever put breath into.

Nowhere was Ardern’s loss of control more evident that in the parliamentary debacle which followed the last-minute, constitutionally-dubious, attempt to entrench “anti-privatisation” clauses in the legislation setting up the Three Waters project as it neared the end of its passage, under urgency, through the House of Representatives.

If ever a project needed to be abandoned completely, and the rebuilding of New Zealand’s drinking, storm and wastewater infrastructure reconceptualised in ways that keep it both affordable and accountable, then that project is Three Waters.

Not that the Iwi Chairs gathered at the Copthorne Hotel are likely to see it that way. Mahuta’s project had brought them closer to Jones’s “superior right” over water than any of her predecessors. Their message to Chris Hipkins is likely to be blunt: repeal Mahuta’s legislation at your peril.

New Zealand’s new Prime Minister knows that the National Iwi Chairs Forum has the means to make life very difficult for his government. Notwithstanding their objections, however, Hipkins direction of travel – already clearly signalled by his very public demotion of Mahuta – must be confirmed by an emphatic and unequivocal pledge to repeal the Three Waters legislation and start again.

If Labour is to secure a third term, then Hipkins must make it clear to all New Zealanders – Māori and Pakeha – that his government is not about fulfilling the agendas of corporate/tribal elites. It is about making sure that every New Zealander in need of a job, a living wage, and a warm, dry house, gets one. That their family’s right to publicly-provided, quality health care and education is not denied. And that the promise of equality, enshrined in Article Three of the Treaty of Waitangi, is kept. Because that’s the only beer that’s electorally fit for Labour to drink: the beer of class – not race.

Everything else is froth.

This essay was originally posted on The Daily Blog of Thursday, 2 February 2023.