Yeah. So many of our civil institutions opposed this bill. It should not be here, and we will repeal it.
I’ve noticed, in speeches in the House, all too often people fling around words like “common sense” and “ideology”, and they’ve become a shorthand for something that people don’t agree with or that they think is right. I’m going to avoid those words, in this bill. I actually want to dig into the actual principles and talk through why they simply don’t work for legislative processes. I want to start with the concept of principles in the first place. We’ve called them principles. They are, here, really working, in some ways, sitting in here as rights. Now, I don’t follow Jeremy Bentham, I don’t think that rights are “nonsense on stilts”. Nevertheless, I think they are something that we have, as it were, invented or constructed in order that we can live with each other, in order that we can find our way in groups and in society. They’ve become, if you like, heuristics or rules of thumb that we deploy—and for good reason, because we live in complex societies and we want to find ways to live alongside each other.
This bill puts inside it some rights or principles, and they are set out in clause 8 of the bill. They’re called the “Principles of responsible regulation”, but what we are really doing is putting some rights in here. There’s some around the “Rule of law”: “(a)(i) the law should be clear and accessible:”. To be honest, this is not the usual account of the rule of law, but never mind. That “(ii) the law should not adversely affect rights and liberties, … (iii) every person is equal before the law:”, and so on, seems pretty reasonable. There’s an element of individualism going through there that I do want to talk about, later.
Then, under “Liberties”—again, a somewhat foreign word in New Zealand. Though we do talk about freedom and liberty, it’s one of those we don’t normally talk about, the liberties that we have. But it says that “(b) legislation should not … diminish a person’s liberty, personal security, freedom of choice or action, or rights to own, use, and dispose of property”. That’s in clause 8(b).
But then the emphasis of this law, of these principles, on property becomes very clear in clause 8(c), where it talks about the “Taking of property” and that “(c) legislation should not impair” property rights. What this bill does is it reifies property rights above other rights. Now, that’s an interesting step to take, because one of the things about rights or principles is that we actually have a whole lot of them that we’ve said are good things for us to abide by in our society: freedom of speech, freedom of religion, freedom of association. We do think that property rights are important. But the thing is, these things often exist in tension. They often run up against each other. One person’s freedom of speech runs up against another person’s freedom of speech. One person’s property right runs up against other people’s property rights. There’s a whole lot of tension there, and there is no single right which is a trump card, of which can be laid down and said, “This one trumps everything else.”
Part of the job of Government, part of what we are trying to do here, is to reconcile the tensions between these rights, to find ways through them. It’s actually a hard and difficult job—that’s why Government ends up having to try to do it. It is hard to reconcile the tensions between some of these rights. We actually try to do this, but not by slamming down a trump card and saying that one is the one that matters most.
Now, the Hon David Seymour talked in his speech of a sad case of a person who had lost her retirement savings because of some new obligations that were imposed on property owners in the wake of the Christchurch earthquakes. You know, eight people died on the 702 bus when the facade of a building collapsed on them. The reason, as a Government, the National Party decided—back in I can’t remember which year it was—to put in some earthquake strengthening requirements is because people lost their lives in earthquakes, because many of our buildings are not up to earthquake standards. Yes, people have property rights, and yes, people have a right to be alive, and those things can run up against each other and it can be hard to work out how much we pay where. But property does not trump. It is something that has to exist in tension with all the other rights. Those rights are in tension, and yet this bill says that property is the one that comes first.
I talked briefly before about the right of association. There was a very good reason for that, because some rights exist as group rights. But we are not just some kind of set of individuals, one plus one plus one plus one plus one plus one. We are a society, and a society is composed of groups of people standing in particular relationships to each other. There are some rights that only exist because groups exist—or group rights, as it were. I’m going to give a particular example that might matter to us. If you want to hold and keep and speak a language, it can only be done if other people hold and keep and speak that language too. There is a reason why we think that it is important to have te reo Māori as an official language in this country and to support the teaching of te reo Māori in schools: to ensure that it is used across our society. There is a reason why it is so often that we hear that language spoken in this Chamber. It is because we hold it dear, yet if we can only have te reo Māori spoken by one person alone it doesn’t work. Languages work collectively.
Sometimes, in this bill, it reifies individual rights. It says that individual rights come first. But we actually have to work to hold that tension together. Yet this bill says—and I think I’d have to go to the exact clause—that “clause 8(b) legislation should not unduly diminish a person’s liberty”. Individual liberty matters, but so, too, do group rights, and we should not trump one over the other. Instead, Government should work its way through them.
I had intended to speak a little of Te Tiriti, but our colleague Rawiri Waititi has done that. I want to speak of one further set of group rights, rights that are not in this bill, that we do need to think hard about, and that is environmental rights. Now, there is a sense in which the environment holds its own value, but that’s a hard and complicated one to explain in this speech. But I want to talk about how environment—our environment—affects us all. My trees affect my neighbourhood. The beautiful kahikatea on my property, they matter to my neighbours. But if I chop those trees down, they belong to me. My name is on the title deed, they belong to me, but if I chop them down, there goes the security of our hillside. That’s why those kahikatea matter. No, they are not assets just to be deployed by me; they are trees that belong to the neighbourhood. My using an internal combustion engine car affects us all, through the heating of the earth, through the use of fossil fuels, every time. By myself, just one little bit of me doing that—me doing it wouldn’t matter too much; the trouble is all of us do it, and together we create a problem for all of us. We need to think about the environment as well, and yet the environment is not in here.
Property rights do not normally encompass environmental rights as well. Those things can be in tension, yet this bill does not address those tensions. This bill reifies property rights above all. It says that is what matters most, and, actually, as New Zealanders, we have rejected that for a very, very long time. We will repeal this shoddy legislation.