Real Issues No. 267 – Maori Education, Freedom of Speech, Buy Kiwi Made

Maxim Institute - real issues - No. 267
23 August 2007
www.maxim.org.nz

Appreciating culture breeds success
A close call for freedom of speech
Buying the Kiwi Made campaign?

IN THE NEWS
The Law Commission considers habeas corpus
Two new organic farms offer opportunity for prisoners

APPRECIATING CULTURE BREEDS SUCCESS

With Maori pupils facing over-representation in most negative education statistics, the release this week of Ka Hikitia - Managing for Success: The draft Maori Education Strategy 2008 - 2012 is important. The strategy addresses a vital issue: how can our education system do a better job of helping Maori pupils to achieve? The strategy makes some pertinent observations, but more careful thought is needed about how it can work in the context of New Zealand's overall schooling strategy.

The bulk of the strategy is spent discussing the importance of Maori pupils understanding Maori culture and language. Research has linked children's ability to understand their heritage and their ability to learn. Kura kaupapa Maori schools are getting some good results by teaching pupils in their own language, in ways appreciated by Maori and by ensuring that children are taught about their culture. But other schemes such as bilingual units (if properly resourced with high quality teachers fluent in te reo) can offer similar advantages to Maori pupils who attend mainstream schools with non-Maori pupils. This helps both Maori and non-Maori pupils to understand more fully the two strands of culture that are woven together in New Zealand's history.

The report rightly suggests that 'Accelerating success for Maori students depends on an attitudinal shift away from problems and risks to a focus on opportunities and potential. There is a need for a stronger focus on outcomes, along with specific and transformative action and associated accountability.' The work of researchers such as Russell Bishop looking at this area of Maori education has found that raising teachers' expectations can improve pupil performance. An understanding of Maori culture and language can assist in developing these higher expectations, and also helps Maori pupils directly by building their confidence. It should be remembered though that the knowledge and skills that Maori pupils should aspire to gain and develop through schooling are the same as those that non-Maori pupils are seeking. It is therefore preferable that schooling does not end up with entirely separate streams for Maori and non-Maori pupils. This strategy is one that we must get right; New Zealand's schooling system has let down Maori children for too long.

Read Ka Hikitia - Managing for Success: The draft Maori Education Strategy 2008 - 2012
http://kahikitia.minedu.govt.nz/NR/rdonlyres/
591B31C1-CAD0-4E72-90D2-B9DE25D8C73A/0/KHStrategyDocumentEnglishFinal.pdf

Feedback on the draft strategy is due 31 October 2007. Find out more about
how to provide feedback.
http://kahikitia.minedu.govt.nz/kahikitia/feedback/default.htm

A CLOSE CALL FOR FREEDOM OF SPEECH

The Major Events Management Bill has been having its second reading in Parliament this week. The Bill seeks to place restrictions on advertising, 'ticket-scalping' and 'pitch invasions' during a 'major event.' In its original form, it would have severely restricted freedom of speech. Thanks to wise consideration by the Commerce Select Committee, it has been vastly improved.

The intention of the Bill is to protect large events that take place in New Zealand, by nominating them a 'major event' and declaring a 'clean zone' around them, in an attempt to 'prevent unauthorised commercial exploitation' of the event. Within the 'clean zone,' any advertising or trading that takes place must be authorised by the organiser. Unauthorised advertising, such as flying a banner across a stadium just before kick-off or selling sausages without permission from a food stand outside the stadium, would be prohibited.

Advertising which falsely implies an association with the event, whether directly or indirectly, is also prohibited. For example, a company could not imply it was associated with the Rugby World Cup, if it was not an official sponsor. Further offences that would be created by the Bill are 'ticket-scalping' and 'pitch invasions,' though pitch invasions are already potentially illegal under the Summary Offences Act 1981.

In its original form, the Bill did not explicitly exclude 'personal opinion' from the definition of 'advertise,' and so could have had the effect of prohibiting free speech -- such as political messages on placards or groups protesting -- within the 'clean zone.' During its consideration of the Bill, however, the Commerce Select Committee revised the definition of 'advertise' to exclude 'communications of personal opinion made by a natural person for no commercial gain.'

While debate over the Bill is still heated -- particularly in relation to the creation of an offence of 'pitch invasion' -- the commendable amendment to protect free speech shows our law-making systems working well.

BUYING THE KIWI MADE CAMPAIGN?

The Buy Kiwi Made consumer campaign launched this week, but whether the Government should be footing the bill is questionable. A large portion of the funding is being appropriated for advertising in an effort to influence the public’s buying decisions, persuading them to make country of origin of greater importance in their decision-making.

Buy Kiwi Made is the product of the co-operation agreement between the Labour Government and the Green Party. It is being run by the Ministry of Economic Development and seeks to encourage consumers and retailers to buy goods that are manufactured or developed in New Zealand. The programme's total budget is $11.5 million.

Obviously many New Zealanders choose to buy goods because they are produced in New Zealand and this is a reflection of what they value. If, however, we have to corral people into choosing locally produced goods, perhaps we should ask why they value goods produced overseas more highly. It may reflect the fact that some products are more efficiently produced overseas.

In a globalised world New Zealand has an important role to play in encouraging the development of other countries, especially in the Pacific area, and trade is one of the primary means of bringing this about. This needs of course to be weighed against the ethical issues around consumption and consumers should consider how goods are produced and the employment conditions of those producing them.

If a business seeks to target customers that prefer Kiwi goods then that is their prerogative. Whether the Government should be spending tax dollars to do it is another matter. Of course, consumers should be exercising their choices responsibly, but they have to make those choices. The Government should not attempt to do it for them.

THE LAW COMMISSION CONSIDERS HABEAS CORPUS

The Law Commission is seeking submissions on changes it is recommending to the Habeas Corpus Act 2001. The writ of habeas corpus ad sub judiciem is an historically important legal action, which protects a prisoner from unlawful detention by the state. Every individual can challenge the legality of their detainment by applying for a writ of habeas corpus, a right provided in the New Zealand Bill of Rights Act. The Habeas Corpus Act 2001, which has come under the scrutiny of the Law Commission, sets out the procedure by which such an application must be dealt with.

The Law Commission's recommendations include the removal of an existing requirement that applications should be 'given precedence' before all other cases. The Commission is also recommending that the existing 'three day timeframe' for considering applications be relaxed if necessary to allow for a fairer hearing for those involved. The Commission is accepting submissions on its proposed changes until 17 September 2007.

Read Further Reform of Habeas Corpus Procedure
http://www.lawcom.govt.nz/UploadFiles/Publications/Publication_133_359_SP18.pdf

TWO NEW ORGANIC FARMS OFFER OPPORTUNITY FOR PRISONERS

This week two new organic farms have been opened at Christchurch Men's Prison. 'The gardens will provide employment for up to 12 minimum-security prisoners at Christchurch Men's Prison and four minimum-security prisoners at Christchurch Women's Prison.' The number of people involved may seem small, but work projects like these have huge potential to turn round people's lives by giving them the opportunity to gain valuable skills that will help them find employment when they leave prison.

TALKING POINT

'Freedom of the person under the protection of the habeas corpus I deem [one of the] essential principles of our government.'

Thomas Jefferson

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Maxim Institute's regular email publication, Real Issues, provides thought-provoking analysis of developments in policy and culture in New Zealand and around the world. You can express you views on any of the articles featured in Real Issues by writing a letter to the editor. A selection of the best letters will be posted each week on Maxim Institute's
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ENDS

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