Issue 12

Salient Magazine

12 25.05.21

Come on mate don’t ask any questions I got you indefeasible title

P12

Mā te ture anō te ture e āki: How and Why the Courts Steal Whenua

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03

Editorial

04

Letters and Notices

05 - 11

News

12 - 17

How and Why the Courts Steal Whenua

19 - 21

Feature Artist / Centrefold

22 - 24

166 Days at the Border

26 - 29

Columns

30 - 35

Culture

To be Frank (26) , Rice to Meet You (27), Pasifika Student Council (28)

Poetry (30), Review (31), Q+A with Bianca Bailey (32) 18 Massive Hits (34), Law Quiz (35)

36 - 38

Entertainment

About Us Salient is published by, but remains editorially independent from, the Victoria University of Wellington Students’ Association (VUWSA). Salient is funded in part by VUWSA through the Student Services Levy. Salient is a member of the Aotearoa Student Press Association (ASPA).

Complaints Complaints regarding the material published in Salient should first be brought to the Editors in writing (editor@salient.org.nz).

If not satisfied with the response, complaints should be directed to the Media Council (info@mediacouncil.org.nz).

The views expressed in Salient do not necessarily reflect those of the Editor, VUWSA, or the University.

Sink your teeth into it!

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Editorial Eight Days of the Week It’s the last week of teaching, and exams are creeping up like your garden. It’s time to sort through the grass and look for flowers of wisdom. Meanwhile, we’re dreaming about more time to relax. Let’s debate, Year 12 style.

Moot: “There should be an eighth day of the week for rest and relaxation”.

Negating team: Eight days a week is ridiculous.

I agree with the affirmative team that we need more time to “sit in our undies”, but I completely disagree with the concept of an eight-day week. Instead I would propose a four-day ‘work’ week and three-day weekend.

That gives us an extra day without completely Affirmative team: Matthew Casey throwing out the way the months and years work. If Negating team: Sally Ward we added an extra day to 52 days of the year, a year would be 417 days. That’s just silly. I wouldn’t have Affirmative team: There should be eight days a week. wanted last year to go on for a single extra day. I need a New Year’s piss up every 365 days.

When I was in Year 7 or 8, a fellow student won the speech contest with an idea so outrageous that us Imagine trying to organise a Zoom call with someone other 11-year-olds did not understand. Why oh why in Australia on the eighth day of the week. Is it did all these union-affiliated teachers award this kid Monday? Is it Wednesday? the speech championship for his idea of an eighth day of the week?

And the affirmative team is right—business would collapse. Which is why this team’s proposed model The Gregorian calendar can get gone. It is with the is better. I’m pretty sure other countries are already warmest regards that I address both Prime Minister doing it, and their productivity has gone up. And that’s Ardern and whomever is above us to give us a legally why we shouldn’t have an eight day week, in favour of mandated day of rest every week. Breaks are nice and this team’s proposal. all, but six weeks of classes, two weeks pretending to be a ‘break’, and then another six weeks with an Marking sheet: assessment period on top? Get lost. There’s bloody no time in between to actually have a break.

This isn’t a student only problem, this is a nationwide one. I am not writing this to be all “capitalism bad, everything else good”, but you do have to sometimes question a system which leads us into a cycle of burnout, reset, burnout, reset, till we reach the grave.

You end up being unproductive because you’re working too much. This translates to your everyday life. Time off is needed.

Some of us are working like seven days a week on top of a degree, and it’s just not fair. I need time to sit in my AS Colour 4 for $40 undies and watch Barbie Life in the Dreamhouse on Netflix. I am a simple person and a Raquelle stan. This is for my mental health.

“Aww my business will collapse”—yeah, fair point. And that’s my time.

Brought to you by Peoples Coffee

This week’s lead feature is about the alienation of Māori land. It’s a bit to get through, but an excellent read with and we hope you’ll take your time with it. Good luck for exams and assignments and the vending machines—we’ll be back in Trimester Two. Yours,

Sally Ward (she/her) and Matthew Casey (he/him) www.salient.org.nz

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NOTICES & LETTERS

Job Opportunity

Satisfied Puzzler Kia Ora, I am just writing to say I loved the puzzle edition of Salient this week. I was a little disappointed by the lack of crosswords in the 10th edition, and my annoyance was clearly shared by numerous other readers. However, the puzzle edition more than redeemed this and I was immensely satisfied working on the various crosswords and puzzles this week.

Kind Regards A satisfied puzzler

Salient is hiring! The Salient News Editor role is opening up in trimester two.

The role is 12 hours per week. You can apply on your own, or as a co-editor duo.

Wellington Law Revue Kia ora!

The News Editor is responsible for providing copyready news. They also oversee and support the Chief Reporter and other news writers.

We put on an annual satirical show and are excited to return to the stage this year after our cinematic debut in 2020. The Law Revue gets people acting, singing and dancing and is a great social activity which brings people back year after year. Students need not be studying law to participate; some of our best performers are not associated at all with law studies.

We’re looking for: - good communication skills - an understanding of Journalistic Code of Ethics - ability to write in news format

To audition, people should visit our Facebook page or Instagram for the link.

IG @wellington_law_revue FB Wellington Law Revue

If you would like a full job description please send a request to the above email address.

To apply, send your CV, Cover Letter and a 5-page (max) portfolio to editor@salient.org.nz. Applications close 26 May at 5pm.

Submit Letters and Notices for future issues

by Tuesdays 5pm to editor@salient.org.nz 4

Letters and Notices

News

Rally for Palestine / Pastoral Care The Party Line / 2021 Budget / Recap

‘Palestinians have called on us to stand with them’: Rally for Palestine outside Parliament Motion to recognise Palestine as a state fails in Parliament

Sally Ward (she/her)

Last Wednesday, a rally was held outside Parliament calling for the Government to stand with Palestine, with about 300 people in attendance. The crowd was met by members of Te Pāti Māori, the Green Party, and the Labour Party.

New Zealand does not recognise Palestine as a state, but supports a two-state system which would ultimately recognise Palestine as a state as well as Israel.

The same day, a motion to recognise Palestine as a state was voted on. It was put to the house by Golriz Gharahman (Green). The motion failed, with ACT and National voting against it while citing support for the “two-state solution”.

Gerry Brownlee (National) told Stuff that National supported the two-state solution, but did not support the motion because the Green Party had taken “a strong view in favour of one side of the conflict”. “ [...] To see a resolution to all of us, it is going to take both parties to talk, and I don’t think blaming one side over another, whether that is directly, indirectly, is at all helpful”, he said.

The rally was held by Wellington Palestine, a human rights organisation that is working to promote peace and justice for Palestine.

Speaking to Salient, Nadia Abu-Shanab, an organiser from Wellington Palestine, said the reason for the rally was about the current violence and long-standing history of occupation.

Photo: Rally on the steps of parliament calling for the government to stand with Palestine

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“On one level you could say it’s about what’s been happening with the forced expulsions of Palestinian families from Jerusalem.”

Te Pāti Māori supported the motion to recognise Palestine as a state. Speaking to the crowd NgarewaPacker said:

“[...] it’s about a longer thread of history, and that thread of history is from the creation of Israel in 1948 which we as Palestinians call nukbar, our catastrophe, when ethnic cleansing really began and people were shoved from their homes.”

“We’re very clear as survivors of colonisation that anyone that uses militarisation, anyone that uses colonisation to affect racism, are kino, full stop.”

Ngarewa-Packer’s speech was interrupted by a man shouting in opposition. She addressed him by saying:

“Palestinians have called on us to stand with them.”

“You, sir, are a visitor on my whenua. Mind your place!

Abu-Shanab added that “[...] the world sees this for what Mind your place! Because the aroha of my people have it is. What Israel is doing isn’t self-defence, it’s settler continued to manaaki the people who do the same to colonialism.” you that they do to us.”

Ultimately the event was to “call on politicians to just have some guts and stand with Palestine because they know it’s wrong. There’s been a political silence around this, and actually it’s the last thing that’s protecting Israel from any kind of consequences.”

Speakers at the event included Debbie Ngarewa-Packer (Te Pati Māori), Golriz Ghahraman (Green) and Ibrahim Omer (Labour).

Garaman told the crowd that the Israeli occupation was “preventing Palestinians from freedom, from going to school, from getting healthcare during a pandemic, from building a pathway to peace.”

Abu-Shanab said it was “heartening” to have politicians show their support at the rally, despite the Government “tip-toeing around the issue”.

“There are some really brave, young, new politicians coming through that have a clear sense of right and wrong, and I think they’re going to push political parties to take stronger positions. It was incredible to have the Māori party here, and it was great to have the Greens who have a long standing position, and it was awesome to have some MPs from Labour who are pushing this position with their own party.”

Tensions rise at Code of Pastoral Care consultation

It’s almost as if students don’t trust tertiary institutions to act in good faith?

Kirsty Frame, Ngāti Kahungunu (she/her) Students left representatives from the Ministry of Education with plenty of feedback on the proposed Code of Pastoral Care last Tuesday, most of which wasn’t positive.

The Ministry of Education held a consultation session in the Hub for the draft Code. Students engaged in kōrero with Ministry reps to clarify areas of the Code and provide feedback which will be considered as the draft develops.

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A refresher on the Code of Pastoral Care: After the tragic death of a first-year student living in a UC Hall in 2019, the Minister of Education introduced an Amendment Act on pastoral care. This established the Interim Pastoral Care Code, which came into effect at the start of last year. The permanent Code is being developed currently, and is to be put into effect in January 2022. The draft has amped up the expectations tertiary institutions are required to meet regarding student safety and wellbeing.

A postgraduate student said it’s hard to envision the new code working if it relies on universities to act in good faith for their students.

“Personally, I do not have trust that they do that, or that they will do that—even with this Code coming down.

I think they’ll be worried about getting fined. I think they’ll want to protect their reputation. But I don’t know if they’ll start to give a shit about us.”

A key section of the draft Code will require universities to amp up consultation with students, whānau, staff, local communities, and iwi for any strategic goals and plans.

As a representative from the Ministry said, it “makes it clear to providers that learners are meant to be involved in every step of decision-making”.

VUWSA President Michael Turnbull noted that they hear consistent frustration when the University says they’ve “co-designed” or “consulted” with students, saying the Photo: Ministry of education Building.

Credit: Stuff realities are often not efficient enough to use those words.

A representative said penalties for not meeting the “There’s also a lot being put on students to seemingly various requirements in the code could be amped up, regulate the University that has a massive power with a maximum $350k compensation package for imbalance over them already” Turnbull said. serious breaches. Currently, the maximum is $100k.

Also outlined in the Code, the expectation is that universities will make their students aware of processes and services available to them.

Questions were raised about the University’s already poor communication of services, and students’ rights to seek things like dispute resolution.

“If you’re not hearing that communication from the University, as students who are quite active within the political sphere on this campus, we know that they’re probably not doing the job they should be” Liam Davies, NZUSA Vice President said.

The Ministry for Education said there will be representatives providing checks on all tertiary providers across the country once this Code is implemented.

When asked what will happen if tertiary providers don’t abide by the Code, representatives from the Ministry outlined the proposed Disputes Resolution Scheme.

But as some students pointed out, the Disputes Resolution Scheme doesn’t address the immediacy that students need to resolve issues, as the more extreme side of the process could involve time in court.

Student representatives at VUW also voiced concerns with the Code’s dispute resolution.

The importance of advocates, and particularly the use of joint complaints are highlighted in the Code, but currently there are no specific requirements for universities to provide resourcing for these student reps.

During the consultation, the representatives for the Ministry were notetaking the feedback provided by students and advocates.

Feedback submissions for the draft Code closed last Friday. Next month the Ministry will be analysing these insights, and developing the current draft. The Minister of Education will then issue the new Code, propose rules for the Disputes Resolution Scheme, and appoint an operator for the Scheme later this year.

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The Party Line Zoë Mills (she/her) CW: Sexual harm and mentions of sexual assault

Salient has reinstated The Party Line, where we talk to your political youth wings on campus for their takes on particular issues.

Here’s what we asked them:

“The prevention of sexual harm at the University is of paramount importance.

This week, we’re prompting discussion about sexual harm on campus. Victoria University, under pastoral care VUW’s website has stated ‘Victoria University of Wellington is committed to codes, have responsibilities to the safety and wellbeing of students at the University, especially those living in supporting a learning environment that is University accommodation. The issue of sexual harm free from sexually harmful behaviour’. reduction and prevention is not new, however, recent events at the University and in the Wellington region have ignited conversations around how to best create significant change in this space.

Does your youth wing believe that the University is currently doing enough to support this claim, and what approaches VUW currently has three active youth wings present on would your party like to see take shape in campus; The Young Nats (National Party), VicLabour (The Labour Party) and Greens @ Vic (The Green Party). reducing sexual harm at the University?”

Greens @ Vic “Greens at Vic strongly believes that the University could be doing more to prevent sexual violence from occurring on University premises, and we are extremely disappointed by the University’s silence on this issue. In particular, we have concerns about the consent culture in halls of residence, the extent to which prevention measures are put in place in these spaces, and the manner in which survivors are supported by the University. Our youth wing actively supports student-led groups such as Thursday in Black in agitating for compulsory consent education for people of all sexualities and genders, and would

implore the University to consider their expertise in this matter. Although students have access to support via Student Health, we would like to see further sexual violence support and prevention training extended to halls of residence staff. We would also like to see more accountability for perpetrators of sexual violence without further harm or stress being inflicted on survivors. We strongly urge the University to do a full inquiry into sexual violence on all University premises and to work alongside anti-sexual violence groups to guide them in their work.”

VicLabour “No. The way we collectively view and address rape and sexual violence is still fathomed completely in victim blaming and that people consistently lie about being assaulted. The attitude that surrounds sexual violence is similar to racism, where people believe it is worse to be called a ‘rapcist’ than actually being a rapist. It is an absolute myth that there are false accusations everywhere; people always believe someone when they claim they were falsely accused, but never believe someone when they say they’ve been assaulted. Rape and the trauma it causes isn’t just something simple, it causes physical pain, violent panic attacks, and horrific flashbacks, and no one is the same after it happens to them. Universities need to stop beating around the bush

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with this and take it seriously by, stopping the narrative that people lie about this; halls of residence need to partner with not only Rape Crisis and MOSAIC but WellStop as well; undo the rape myths and acknowledge that coercion, threats, substances, identity, and stealthing all impact someone’s ability to consent to sex; and target perpetrators and potential perpetrators rather than survivors—get people to look at themselves instead of thinking “I’ve never held someone at knife point and forced myself on them, therefore I’m perfect”, as it is not that simple. Deal with it head on and acknowledge that almost every student has experienced sexual harm at some point regardless of their gender, it can happen to anyone and be perpetrated by anyone.”

The Young Nats “The National Party believes in the safety and security of everyone, including those on campuses across New Zealand. Universities need to be safe environments for students to learn in, and too often we hear that they are not. It’s important that universities continue to work to curb any sexual harm before it happens. That starts with calling out bad behaviour, dealing with it promptly, and having respect for everyone you meet. It’s also important to ensure students have access to the tools and resources necessary to give them confidence to come forward with complaints, knowing that action will be taken. It is incumbent on universities, and students,

to continue to ensure that policies in place are fit for purpose, and that the current system is working. We note that the current policies at Vic were last amended in 2019, and the student conduct policy was last updated in 2017. Perhaps that’s a good place to start.

Our first approach would be to take stock of the current policies, procedures, services, and funding, and ask our fellow students if they think it is enough, and how we could do better. If we are to make everyone feel safe, it is part of a wider conversation that needs to involve the students it affects”.

BUDGET 2021: WHAT IT MEANS FOR TERTIARY STUDENTS Niva Chittock (she/her)

The first Budget under the majority Labour Government was announced on Thursday, 20 May. The tertiary sector is to receive an extra $430 million, with students also receiving a $25 increase to Studylink benefits. The increase has miffed some students, who say it doesn’t go far enough.

Students were once again not made eligible for the Government’s Winter Energy Payment, despite longstanding efforts by advocates for students to receive it. Beneficiaries, such as those on JobSeeker Allowance and Superannuation, are eligible for up to $32 per week each winter to cover heating costs.

Budget 2021 is to reflect the core goals of the current Labour Government: keeping New Zealanders safe from COVID-19, accelerating our economic recovery, and tackling the challenges of housing affordability, climate change, and child wellbeing.

Ben*, a current student, says the increase is “unexciting and disappointing”. He speculates by the time he receives the increase, his rent will have increased, rendering it null. He says he’s “scared of increases like this” given the most recent substantial student allowance increase in 2018 “was basically chewed up by landlords”.

“We can’t meet all our long-term commitments in one Budget,” said Finance Minister, Grant Robertson. “This [Budget 2021] is part of a package deal that will address our priorities and build the sort of society that New Zealanders want.”

Sophie*, an Arts student in her final year, says the extra 25 bucks a week would be helpful, if she could get it.

“I won’t be studying by the time the increase is put in place [...] I need help now.”

Robertson and Minister for Social Development, Carmel Sepuloni, announced the Budget at noon, ahead of the embargo lift at 2 p.m.

Students who’ve accessed temporary hardship funds due to COVID-19 will have their funding extended, with $10 million set aside in the budget. It’s not clear if new It was announced that the tertiary sector is to receive an students within this criterion will receive that money. injection of $470 million, meaning the amount of money The bulk of tertiary funding will be given out in $110.7 spent on tertiary education each year will increase by million chunks over a four-year period. $110.7 million, instead of the $40.280 million predicted in last year’s budget. Minister for Education, Chris Hipkins, Some of this funding is to be specifically targeted said students are to also receive an increase of $25 per towards improving fairness and reach of Equity Funding, week for allowances and living costs, which will come which supports tertiary organisations to improve access, into effect from 1 April 2022. participation, and achievement of Māori, Pasifika, and disabled students. It will also go towards paying a 1.2% This bumps the maximum student allowance payment increase in tuition fees and training subsidiaries, to from $314.36 before tax to $339.36, and the total living come into effect from 1 January 2022. costs students can withdraw weekly from $239.76 to $264.76. www.salient.org.nz

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There was no statement given on the allocation of the rest of the funds.

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Weekly benefits being lifted by $32 to $55 per adult.

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$300 million boost to NZ Green Investment Finance Ltd, which quadruples funding towards emissions reduction.

The Minister for Finance further outlined five flagship investments which highlight the Government’s key focus areas this year: -

$2.7 billion in additional support to the health sector, with $486 million to begin the transition to Health NZ and health reforms, including a Māori Health Authority. $700 million is capital investment, with the rest being establishment and operational costs.

- Just under $1.5 billion for the COVID-19 Vaccine and Immunisation programme.

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$57.3 billion on Crown spending on infrastructure between 2021 and 2025.

NewsRecap: ACC absolutely failing victim-survivors of sexual harm RNZ reported that only 5% of sexual abuse claims are making it through the ACC system. 76% of all sexual abuse clams are lodged by women, and a vast majority of both men and women are giving up on their claims for long-term support because the process is too traumatic.

National takatāpui artists’ collective to receive $70k grant from Creative NZ Āhua Collective showcases creatives in Aotearoa NZ who are part of the rainbow community and are also black, indigenous, or people of colour (BIPOC).

If you drive a Mazda, be careful Police have noticed an increase in Mazda car thefts across the country, and now in the northern suburbs of Welligton and Porirua. It’s part of some weird TikTok/ Snapchat/Instagram challenge, most of those that’ve been arrested so far are teens.

Morrison is coming to NZ He couldn’t get flights to Hawaii, so instead Morrison will be heading to Queenstown later this month.

Law faculty celebrates 25 years in Old Government Buildings VUW celebrated their 25-year-long tenancy of the OGBs last Friday, 15 May. Dame Patsy Reddy spoke to the lack of diversity she experienced during her time at University, adding she can see this being undone in today’s law student cohorts.

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Buses cancelled last Thursday Some buses weren’t running last Thursday, 20 May as Tramways Union drivers met to discuss the latest NZ Bus pay offer. The offer is to give drivers between $5-10k each if they choose to take the new weakened contract, of which they are currently striking against.

Debbie Ngarewa-Packer straight-up calls JuCo a coloniser in the house of representatives Was Ngarewa-Packer showing Collins what a real wahine toa acts like? Who’s to say.

Rāhui placed on Motutapu Island as stoats continue to threaten native species The island, renowned for being predator free, was placed under a rāhui last week as the search for two stoats threatening native wildlife populations continues. 460 traps are currently set across the sanctuary, with a further 150 to be deployed to deal with the predators.

Salient News Editor’s watch has ended Kane Bassett (Ngāti Kahungunu, Ngāti Apa) is done with his dash. News never sleeps, and neither has he for the past 12 issues. Keep your eyes out for your new News Editor, to be announced shortly.

Tweets of the Week

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Mā te ture anō te ture e āki: How and Why the Courts Steal Whenua Rhianna Morar, Ngāti Porou, Te Arawa (she/her) Johnny O’Hagan Brebner (he/him)

via National Library

Land March 1975 via Te Ara

via RNZ

Foreshore and Seabed hīkoi 2004

Bastion Point 1978

“Ko te waka hei hoehoenga mā koutou hei muri i au, ko te ture. Mā te ture anō te ture e āki— The canoe for you to paddle after me is the law.

Only the law can be set against the law.”

Ngā Rangahautira Māori Law Students Association

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– Te Kooti-Arikirangi

Feature : How and Why the Courts Steal Whenua

If there is a history of anything in Aotearoa, it is the history of land. Its discovery, settlement, theft, conquest, and resettlement. The problem when it comes to history, however, is the distance many put between themselves and it.

Injustices of the past are not just of the past. Our current constitutional arrangements remain that of the oppressor.

Through Parliament and the Courts, colonial assimilation continues to legitimise the intentional alienation of Māori land. The obvious source is legislation. Many Acts of Parliament were designed, or used, to impose Crown dominion over Māori land. But for every Act, there is a court to apply it. The Native Land Courts ignored fraudulent land dealings, forced hapū into large natural groupings with arbitrary land boundaries, and usually sent them home landless. Today, this tradition is proudly upheld by New Zealand’s general courts. Mau Whenua embodies this dismissive and colonial judicial mind—Māori are pitted against each other, pay dearly for expensive litigation, have their system of property rights ignored, and the existence of whakapapa in land denied despite laws to protect it. It represents a broken and colonial judicial mindset often thought of as ‘of the past’, but was made under just the last two governments.

via Stuff

via ODT

Shelly Bay 2021

Ihumātao 2019

Legal Background Western Legal Thought asserts that law has universal application to everyone. Many liberal democracies cloak this as “the rule of law”. This universality is problematic because it fails to accommodate the different ways in which law operates according to distinct peoples, and the different legal systems those peoples have. In colonial states such as ours, our understanding of law and how it ought to apply comes from the desire of the coloniser to dominate and assimilate indigenous peoples and their legal traditions.

The Waitangi Tribunal in its Ko Aotearoa Tenei report describes the interaction between Kupe’s people and Cook’s people upon their arrival to New Zealand. Both Kupe’s people and Cook’s people brought with them different worldviews and legal systems. The interaction between these two peoples and the land generated new problems, and thus new legal remedies, which continue to shape the evolution of both legal systems.

So when Kupe’s people and Cook’s people met, so did their relationships with the land. These systems and their meeting were embodied in the Treaty of Waitangi. Although there is much debate about the interpretation of the Treaty, whether it be the text or the judicial creation of ‘Treaty principles’, neither can be constitutionally transformative as their interpretation remains stalwartly colonial—kāwanatanga and tino rangatiratanga are constrained to the benefit of Crown sovereignty alone. The idea that Māori law is something to be ‘recognised’ within the Crown’s legal system fails to question the legitimacy of the Crown’s legal system itself. This universality, in which only the Crown’s law can be dominant, means that debates about the text or Treaty principles are only useful as far as they squeeze tikanga and Te Ao Māori into the existing colonial framework. Therefore, the true constitutional relationship between kāwanatanga and tino rangatiratanga can only be sought out within the

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context of a Māori legal system—recognising that land and whakapapa are intrinsically linked.

The new land traditions brought by the British also distorted this constitutional relationship. Libertarian philosophy, championed by John Locke, introduced the idea of ultimate dominion over both land and people— sovereignty. Comprehensive Crown control of land in a way recognisable to it is the prerequisite to this sovereignty. This control was accomplished piece by piece in Aotearoa New Zealand. First with the signings of the many Treaties of Waitangi, then by fraudulent and broken purchases, by war and raupatu, and assisted all the way by the obscure mechanisms of the Courts.

Crown’s only, and where its paper was once gnawed by rats, its promises are corroded by the Courts. Land then, and the law that incircles it, is of extreme constitutional significance.

The Crown’s state did not stop stealing or hiding away Māori land at the end of the Native Land Courts, or even at the creation of the Waitangi Tribunal. Even in the new century it continues. From Parliament we saw the introduction of the Foreshore and Seabed Act, and from the Courts, a sustained campaign to recognise only Western property conceptions at the expense of both Māori and Crown law.

Before we can start on the Courts, however, we need The transformation of Aotearoa into New Zealand was to look at legislation. The key to the Land Transfer then necessarily a result of denying the existence of Act (LTA) is that titles to land on the Register become whakapapa relationships with whenua to instead impose “indefeasible”—it cannot be qualified by other land Crown title over land. But the whakapapa remains. rights (like a right of way) that aren’t also on the Although the Treaty now sits pride of place in the Register. From experience, a wall of text is not the best National Archives, it faces a Parliament which is the way to understand this system, and the exceptions to it.

So instead:

What is indefeasible title?

Person who bought land does not have title until registered.

Instrument of transfer 33 Loach Road x

Under the Torrens system, title to land becomes “indefeasible” when it is recorded on the Land Register. Indefeasible title means that the title cannot be lost or put aside by other claims to the land. The Land Register shows who owns the property, gives a legal description and logs any restrictions that are on the land—for example, if another party had a right of way (easement) to drive or walk over the property. You can check the Register before you buy land to see if any other interests exist.

If you buy land in a way that your indefeasible title could be attacked (like if you bought it fraudulently), a later purchaser who buys it off you in good faith (not knowing that it was a dodgy title) won’t be subject to the same claims as you.

Land Register

33 Loach Road Title: J. Bloggs Other Interests:

33 Loach Road

Interests not on the register cannot (usually) undermine title.

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Feature : How and Why the Courts Steal Whenua

J. Blogs has indefesible title BUT can be qualified by any interests on the register.

The key point here is that title is easy to get but hard to lose, unless you happened to have been the hundreds of iwi and hapū who lost land through fraudulent and misrepresented ‘sales’ confirmed by the Native Land Court. And with the good faith third party protections, land could be whisked far away from its original people in just a few years. The fact that many of these later buyers were well aware of their title’s dubious origins rarely meant anything to those same Courts.

Manifest Injustice and Mau Whenua

Despite the new manifest injustice provisions, Aotearoa New Zealand’s property law regime has not moved on from protecting the indefeasible title of pākehā or corporate landowners at the expense of Māori. It is clear that the State legal system continues to perpetuate the “divide and conquer” assimilation strategy that supposedly died with the Native Land Court. Moreover, In 1993, the Te Ture Whenua Māori Act (TTWMA) was introduced to replace the older Māori Affairs Act. While the extent to which Western proprietary rights provide some things remained the same (for example, the Māori absolute and exclusive ownership upon registration of an Land Courts continued to hear claims about Māori land), otherwise defective title is fundamentally at odds with the inherent relationality between Māori and the land. the TTWMA was designed to introduce a new regime with more protections for Māori land. Many of these related to the Māori Land Register (a set of Māori Land Court orders documenting interests to Māori land). For example, under the TTWMA the status of land as Māori land did not change to general land if it was sold to nonMāori. This hadn’t been the case under the MAA, where the restrictions on sale and use that went on Māori land disappeared if sold to non-Māori.

But because the Courts have continued to actively undermine the protections under the TTWMA, recently a new and exciting addition was made in the LTA 2017.

The new Manifest Injustice provisions in the Act create a new exception to indefeasibility. Section 54 of the LTA provides that persons who have been deprived of an interest in land by registration under a void or voidable instrument may apply for cancellation of the registered proprietor’s title, in cases of manifest injustice (subject to ss 55 and 56). If it would be “manifestly unjust” for an interest off of the Register not to be held against the registered title, the Court could enforce that unregistered interest.

Time to see how badly they manage to screw this up.

Photo: Ahipara on Maori Land Court day showing W J Reid house on the right

Come on mate don’t ask any questions I got you indefeasible title

Courts making dodgy land transfers then and still now

Photo: Wellington High Court where the Mau Whenua Case was heard, via NZHerald www.salient.org.nz

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It is laughable that Māori interests in land are not considered caveatable interests.

Photo: Shelly Bay via TVNZ

The sale of Shelly Bay is currently one of the most contested Māori land issues in Te Whanganui-a-Tara.

Land held at Shelly Bay by the Port Nicholson Block Settlement Trust was sold to developer Ian Cassels, despite opposition from the Trust’s Māori beneficiaries.

As the sale proceeded, Taranaki Whānui who remained opposed to the sale, Mau Whenua, challenged it in court.

The land dealings at Shelly Bay have been the only test of the new manifest injustice section. The parties sought refuge in the law, more specifically in the High Court, to determine whether the sale of land was lawful.

In this case, Mau Whenua argued that the purchaser should not have indefeasible title because the sellers— Port Nicholson Block Settlement Trust—had failed to authorise the major transaction by a special resolution passed by a 75% supermajority, with only 50.97% of those voting supporting it. Although the land was not given as redress per se, the beneficiaries (the iwi members which the trustees handle the property for) voted in support of purchasing the land at Shelly Bay, which is now owned and operated by the Trust. An Independent Registrar Report commissioned by the Māori Land Court found that “successive generations of Trustees and administrators, over the past nearly ten years have failed in their obligations, to give effect to the requirements of the Trust Deed”.

The relationships between trustees and beneficiaries needs to adapt to recognise the special significance of Māori land.

What is even more ironic is that Māori are the land—how can you not have a proprietary interest in something that is an intrinsic part of you?

On one hand, the LTA has provisions recognising that immediate indefeasibility should not apply in cases of manifest injustice. On the other hand, the judgment references Frazer v Walker, which says that defective title is perfected upon registration, and yet fails to acknowledge that this legal principle in and of itself serves to undermine the very basis for these manifest injustice reforms.

Mau Whenua also demonstrates the challenges posed by forcing tikanga land holding systems into the Western trust system. While Ahu Whenua Trusts— trusts which hold land for Māori beneficiaries—have some special rules, they operate on New Zealand’s trust models and all the colonial conceptions of property that go with it. Under a trust, a trustee owns the land, but has to use it in the interests of the beneficiary. A beneficiary that often only has limited, and non-caveatable, interest in the land. Not only does this expose Māori beneficiaries’ interests in the land, it understates the interests those beneficiaries would otherwise have in a tikanga system.

General land owned by Māori is Māori land. We have a land transfer system that is publicly searchable by interested buyers. If anything, this illustrates that Photo: “Mau Whenua hold the land” sign at Shelly Bay purchasers of Māori land must exercise due diligence via Stuff by inquiring into whether the seller has in fact met Nevertheless, the Court held that Mau Whenua had the requirements to sell this land. This due diligence not specifically identified any defects in the title, obligation is of utmost significance given the special and therefore manifest injustice did not apply. The characteristics of Māori land, and must be read against application to sustain the caveat was dismissed—the the purpose of manifest injustice. The failure to fulfil the recognition of an interest that would have prevented the requirements for sale clearly illustrates that manifest transfer of Shelly Bay. Instead, the claimants would have injustice has occurred—this is particularly so if we to establish a breach of trust in equity. We disagree. consider the purpose of the Te Ture Whenua Māori Act

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Feature : How and Why the Courts Steal Whenua

1993, which is “the retention of Maori land and General land owned by Maori in the hands of the owners’’.

Purchasers should be expected to make reasonable inquiries in regards to any land held in trust for Māori.

The Court’s interpretive approach highlights the colonial constraints of our State legal system by continuing to legitimise the ignorance of law designed to protect Māori land. Ultimately, Mau Whenua raised an arguable case on questions that deserved greater respect and thought. Dismissing them at a preliminary proceeding ignores the significance of that question and the reality of Māori property rights. Without a doubt, they certainly should not have been dismissed for lacking a “proprietary” nature.

The decision is simply another example of how Pāhekā definitions of what is considered “proprietary” or an “arguable case” for a caveatable interest interferes with the retention of Māori land, and undermines Māori concepts of land as part of the whakapapa matrix.

However, there is no reason as to why the State legal system should not adapt to recognise interests in Māori land as caveatable interests worthy of protection where there is a breach of trust. This would simply give effect to the fact that tikanga Māori is the first law of Aotearoa New Zealand, let alone the purposes of the TTWMA.

Conclusion Mau Whenua illustrates that we seriously need to reconsider the exercise of public power in Aotearoa New Zealand. Ironically, Parliament has done this to an extent by recognising that whenua, such as Te Urewera, or awa such as Te Whanganui River, have legal personhood. While this does not recognise Māori legal traditions in and of themselves, it does show that the State legal system is willing to recognise some whakapapa relationships with nature. Clearly the Crown is beginning to realise some responsibilities to exercise kāwanatanga in a way that legitimises the whakapapa matrix in which land sits. But under our existing constitutional arrangements, the separation of powers provides for each arm of the state to keep the others in check if they overstep. When the Court in Ngāti Apa recognised Māori customary title to the foreshore and seabed, Parliament wronged this terrible right by introducing this country’s largest ever raupatu under the Foreshore and Seabed Act 2004. When Parliament decided it wanted to finally protect Māori land with the Te Ture Whenua Māori Act 1993, the Courts in Mau Whenua couldn’t bear to see such an injustice slide. To the Crown, its role is to sustain its own claim of sovereignty, and so its control of land. It uses many tools to do this. But while war and theft are now rising

in the Pākehā consciousness, the law remains a largely hidden weapon in the Crown’s arsenal. Universality, sovereignty, and the Courts’ colonial brain prevent any steps to qualify this claim to supremacy in the face of its kāwanatanga responsibilities. In the 60s and 70s, lawyers had a meltdown realising the Treaty could no longer be ignored as part of our constitution. Today the challenge is materialising this change, which cannot be done while tikanga and whakapapa is suppressed, as it has been for nearly the last two centuries.

Photo: Whanganui River

Glossary for #legal #jargon Beneficiaries: people who a trust is held on behalf of.

Usually gain an advantage or profit.

Breach of Trust: where the conditions of a trust have been broken, e.g. selling assets without proper authorisation from the people who are making decisions about the trust.

Caveat: a warning or condition placed on a property title. For example, a person can hit up the Land Registrar if they have an interest in the land, and have that noted on the title.

Equity: a confusing part of the law that is concerned with “fairness”. It was developed outside of the common law to suit situations where the existing law couldn’t really find a decent remedy.

Indefeasible title: title to land that cannot be lost or taken away even if there are other claims to that land.

Manifest injustice: up to interpretation. The Court looks to a number of things like the way the land was acquired, who is actually occupying the land, or if the land is of special significance, and makes a call.

Proprietary rights: rights in relation to property; includes right to sell or subdivide.

Trust: a legal arrangement where property or assets are held on behalf of one party for the benefit of another.

www.salient.org.nz

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ARTIST PROFILE

Jessica Thompson Carr Jessica Thompson Carr is Ngāti Ruanui, Ngāruahine, and Ngāpuhi. She is 25 years old, born and bred in Ōtepoti. She achieved her degree in English and Art History in 2018, and her Masters Coursework in 2019. Jessica currently works as an artist, poet, and journalist, often under the name Māori Mermaid (@ maori_mermaid on Instagram). Her inspiration comes from her whakapapa and she is currently travelling Aotearoa in her little van trying to get to know her whenua.

www.salient.org.nz

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Māori Mermaid

New Zealand’s justice system is rife with flaws. The Waikeria prison riots brought inhumane living conditions and a strain on the system into public view. Our prison statistics consistently show the effects of inherent racism at play. However, structural racism and punitive attitudes aren’t the only issues influencing the makeup of our prison population, and the detention of people seeking asylum in remand prisons is an issue New Zealand finds convenient to ignore.

New Zealand presents a philosophy of ‘kindness’ to the international stage, but many people seeking asylum here remain disenfranchised and vulnerable, without the justice that they deserve. The New Zealand Government is party to international treaties protecting the right to seek asylum, including the 1948 Universal Declaration of Human Rights. People seeking asylum escape from dangerous circumstances where they face persecution for reasons such as race, religion, or gender. One refugee came to New Zealand fleeing the decades-long Somali Civil War, in which he witnessed multiple family members die due to the horrific conditions.

People seeking asylum hope to recover their human rights, and aspire to a future we all deserve. For some, however, they are met with detention in prison, rather than freedom.

Prisons are typically used as places of retribution, incapacitation, deterrence, and rehabilitation for people who have broken the law. People seeking asylum often have not been convicted of crime, yet are still subjected to traumatising prison conditions. They may be subject to violence, intimidation, and bigotry from the other prisoners, not to mention being classed as ‘criminals’ themselves. Some asylum seekers have been detained for longer than the maximum sentence for assault— without any conviction.

Asylum seems tantalisingly close outside of the dank prison walls. Is this really the ‘protection’ that is promised to an asylum seeker? And why is this issue so unheard of?

What is the process of detainment?

Two types of refugees are recognised in New Zealand: quota refugees and convention refugees. Quota refugees enter New Zealand under our refugee quota, through the UNHCR resettlement programme. They become permanent residents when they arrive. However, convention refugees are people seeking asylum whose claims have not yet been accepted. Asylum may be claimed upon arrival at New Zealand’s border, or from within the community.

Detainment occurs at one of these two points. When someone claims asylum at the border, they often enter with fake passports that enable them to leave their home country safely. This method is protected under the 1951 Refugee Convention. After the claimant has

166 Days at the Border: why the detainment of asylum seekers is perpetuating harm Emily Hollis (she/her) and Dara Jagose (he/him)

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Feature : 166 Days at the Border

submitted a written statement, been interviewed, and had a report written on their case, a decision is made on whether the claim is credible. If there is reason to believe that the claimant might abscond (leave without warning), pose a threat to national security, or if there are doubts surrounding their true identity, they can be legally detained in prison.

The Government and Immigration New Zealand (INZ) maintain that only a small fraction of people are detained in prisons, and that their policy is to keep asylum seekers detained for the shortest time possible while assessing their claims. INZ policy states that the longest a claimant will be imprisoned is 28 days.

However,

give up”, reported one asylum seeker. When public opinion is already shaped by politicians calling refugees “queue jumpers”, using legislation to deter refugees is doubly alienating. Time is a resource wielded by INZ, but a precious commodity convention refugees are not privileged with.

Why does New Zealand detain people seeking asylum?

New Zealand detains people seeking asylum under the Crown’s right to control and secure its borders.

Under New Zealand law, people seeking asylum may be detained if they pose a risk to national security, if there are doubts as to their true identity, or if there is a risk of them leaving secretly and hurriedly to avoid arrest.

Asylum seekers may arrive in New Zealand lacking valid identification to prove their identity, and can consequently be suspected to pose a risk to national security. However, people seeking asylum are seldom criminals. They are fleeing a state that could persecute them and their families, making legal immigration impossible.

over the last five years, the average time asylum seekers have spent imprisoned has been 166 days—nearly six times this ‘maximum’ time frame. “[Detention is] longer In April 2020, during the COVID-19 pandemic, INZ than the claim process. released all but one detained asylum seeker. The prisoners were released because it was accepted that It seems to be used as a posed little-to-no security risk to the general deterrent to asylum seekers”, they public, and that it would be more harmful to keep said the Asylum Seekers them detained in close quarters and possibly risk the spread of COVID-19. This raises questions as to why Support Trust’s General the existence of a global pandemic suddenly erased Manager. Approximately 30% the perceived ‘threat’ that asylum seekers pose. Are of people seeking asylum in detainees really the issue? Or are there more spurious reasons for the detaining of claimants?

New Zealand in the last ten years have been detained Detention is justified as under the Immigration Act. a control mechanism for perceived security A recent case saw an asylum seeker imprisoned for three years, without trial or conviction. He was threats. Years of detention eventually permitted to stay permanently. under horrific conditions, After the Immigration Amendment Act 2013 was passed, accompanied by immense a group of 30 people claiming asylum is deemed a suffering and a total lack “mass arrival”. Under the new law, every member of that group could be detained, regardless of perceived threat. of conscience from the Changes in policy such as this have brought asylum Government, leaves colossal seekers and advocates to question the rationale behind them. Many asylum seekers believe that the immigration damage in its wake— system is intentionally set up to deter them from seeing New Zealand as a place of refuge. “They want you to

upon children, families, and individuals. By its very nature, this policy fails to acknowledge the fundamental right to freedom from violence and fear.

www.salient.org.nz

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What is the harm that is perpetrated by this detainment?

Aside from the spiralling labyrinth that is the asylum seeking process, one of the biggest harms of detainment is the perpetuation of trauma. Within prisons, asylum seekers can be subject to physical and verbal abuse, lack access to proper care for their wellbeing, and face fear and uncertainty of what will be their outcome. Detainees are supposed to be separated to the highest extent practicable. However, this is often unsatisfactory. One Muslim man was targeted by prisoners in Mount Eden prison after the abhorrent attacks of March 15. Xenophobia towards asylum seekers is perpetuated through detention, further alienating them as criminals. This system is actively harmful to those already experiencing the trauma of seeking asylum.

Amnesty International, Asylum Seekers Support Trust, and ChangeMakers Resettlement Forum are charitable organisations seeking to ameliorate the condition of asylum seekers’ lives through ending the policy of detention. Keep an eye out for the broader campaign and petition from these groups, launching this month, through their Facebook and Instagram pages. Resources and further information can also be found on these pages, which can broaden our knowledge and equip us to hold conversations in this space.

Social media is a useful tool we can use to amplify this message, and liking, sharing, or tagging your mate in a post can help. For this campaign to be effective, Speaking to a public lecture decision-makers need to earlier this month, convention know that ordinary Kiwis refugee Behrouz Boochani are concerned with these highlighted that while NZ practices. is publicly lauded, and Even if this practice affects a small group of people Australia publicly vilified, seeking asylum, it has a profound impact on those trying for their refugee response, to come to New Zealand and exercise their right to protection and safety. their policies are not all that different.

The lack of conscience and reasoning for detention by INZ cannot be ignored. The harm perpetrated on asylum seekers throughout an incessant process, followed by imprisonment, is immense; a living hell which resides on the fringes of New Zealand’s shiny image. We wouldn’t like to admit that our Government is in breach of human rights—that is a problem for foreign nations. However, the reality is that arbitrary or disproportionate detention is a human rights violation, and it is happening right here. Here, we speak of ‘kindness’. Kindness must surely mean freedom, compassion, and justice for people seeking asylum.

How you can get involved The issue of asylum seekers being subjected to detention is one that lies in the periphery. Raising the public profile of this issue through talking to family, friends, or the person sitting three empty seats across from you in a lecture, can help to shed light on this shrouded topic.

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Feature : 166 Days at the Border

K AT E L O UIS E H A R R ID GE B A C H E L O R O F C O M M U NIC AT ION

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While some courses were more interesting than others, I can’t fault my study experience and my grades reflected the effort I put in. Taking a major in Business and a minor in Humanities exposed me to different teaching styles, methodologies and topics throughout the course of my studies.”

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Like Kate, you too can study at New Zealand’s No.1 ranked* communication programme.

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Frankie Dale (she/her)

Sex and dating advice from Wellington’s rankest, pessimistic, anxious, and most dramatic woman.

Is it wrong to fake it?

For many years of my life, having sex was largely a performative act—lock-jaw so bad I think I’m still paying the consequences. I was so concerned whether the guys were into it that it didn’t matter if they were ferociously poking my dry vagina. As long as they left with their ego stroked, I was an absolute legend.

It became difficult to separate what I actually liked with what these guys wanted from my body alone.

Performing what I thought these boys wanted took years of readjustment; as young women we are told not to be too assertive or pushy, so it’s just easier to fake it and sacrifice our needs in favour of a man’s, right?

On a night out I reconvened with an old friend, hoping to rekindle some of the fiery passion of our past affairs.

It wasn’t until we were in the throngs of passion when he started dirty talking to me. What started out as a pretty ordinary “you like that” quickly devolved into his deranged erotic fantasy, of which I was the star. “Oh yeah baby—you are the hot popular girl.

Everyone wants to fuck you.” To combat his incessant commentary on how I was “the hot cheerleader” and how “every guy wanted me” I was forced to moan louder and louder. By the end of it my throat was hoarse and I was pretty sure my moans were verging on Sarah Paulson level disturbing.

In my experience, faking it isn’t just a woman’s thing.

My ex and a couple other terrifying sexual partners performed their crooked idea of masculinity by imitating something they saw on PornHub. “Yeah okay sure, I’m your nasty little whore” I would think, lying there while these gangly 6’4” boys would slap my ass with a single tear running down their cheek. How about you just stick to sucking my nipples way longer than anyone could possibly want?

I was so embarrassed but surprisingly not for him; I didn’t need to fake anything for his sake—it was all in my head. You see, sometimes faking it seems easier.

In my head, throwing someone a sympathy orgasm seemed easier than having to cradle him in my arms afterwards.

On another occasion, I was sleeping with a guy in high school; he was older and I was only trying to prove myself. The sex was already horrific as he kept pretending the condom was “slipping off”. Halfway into our encounter his mum kept opening the door and offering us oranges—I hate to say this turned him on, as every time she came in he would moan louder and tell me to “act like I was enjoying it”.

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Columns : To be Frank / Rice to Meet You

After turning 22 and realising I don’t want to rub men’s egos 99% of the time, I’m now in fake-orgasm recovery.

Now I always think, “am I really about to fuck up my pH balance for this person?” It’s not wrong to fake it—sometimes it’s the easier route. But, I was thinking the other day how weirded out I’d be if a guy was faking it with me; just fucking tell me you don’t want me to use my teeth on your member. Not only would I be weirded out, I’d be embarrassed. How fragile do you really think my ego is to have to bring a bottle of Cetaphil cleanser and quickly squirt it onto my back when I’m not looking? Faking it is a complicated thing.

Overall, it might make your partner feel good, but it can be destructive for your sex life. Sex shouldn’t even be centred around finishing… sex should be about having fun, who cares if you don’t nut?

Hi! We’re Anoushka and Laurelei and it’s Rice To Meet You. From dating, to pronouncing ethnic names, to racial imposter syndrome, we’re Salient’s resident Asian aunties giving completely unsolicited (but somewhat sage) advice.

Fuck your standards I have been subject to double standards my entire life.

Certain aspects of my culture and upbringing I was bullied for as a child for, would suddenly become trendy and popular.

I would take my lunchbox to school every day, filled with food that my mum lovingly made each morning—food that I loved, but when I got to school I would be told that my food looked like poo and smelled too much.

Funny that, considering when I was in college I would constantly have friends asking for some of my lunch, because they were sick of their plain old sandwiches.

It didn’t end there. I have an Indian accent because my parents have an Indian accent when they speak English (crazy how that works lol), but as a child I was made fun of because of this. People claimed they couldn’t understand me because of my accent, which makes zero sense. Like, okay Jessica, I have a slight accent so you can’t understand my perfect English (one of two languages I am fluent in, may I add), but you can understand friggin Toby over there who is a native English speaker but can’t construct a grammatically correct sentence. He says “I would of”, instead of “I would have”, and genuinely believes that “brang” is the past participle of bring. But sure, my accent is a true impediment to communication.

Aspects of my lifestyle and culture are judged and critiqued until a time comes when those things are stolen to garner popularity. Bamboo toothbrushes?

Datoon. Ancient India thought of it first. I have heard of many Indian women being questioned for wearing bindis, but I guess it’s weird until Selena Gomez does it.

Or better, it’s something sexy to go with your Coachella outfit. Now I’m not saying that my culture should be exclusive, in fact I think it’s something that should be shared and celebrated. At the same time, it needs to be respected. You can’t just pick and choose when you want to accept an aspect of culture—it’s all or nothing.

Anoushka Divekar (she/her)

Over the years, my concept of beauty has been twisted, warped, poked, and prodded.

The lady that used to babysit me would make me pinch my nose—“it needs to be pointier”, she would say. A habit I still do absentmindedly to this day; an unconscious insecurity hardwired into my daily routine.

The summer of 2012: too many hours at Splash Planet and not enough sunscreen meant that my skin turned three shades darker than usual. Awful tan lines aside, I spent the next few days staring at myself in the mirror wishing that I had been more careful. The following summers consisted of minimal sunshine and generous time spent inside, brown desaturated.

On my first day of college, girls in my class were comparing their eyebrows and fawning over whoever’s were “on fleek”. A godforsaken phrase burned into my brain, as I obsessed in the mirror once again and asked my mother why she had given me “werewolf” brows.

And then the flipside: friends in primary running their fingers through my hair because of how soft and smooth it was (my mum straightening her own curls, praising me for my lack thereof). My cousin teaching me what chinita and mestiza meant while complaining about how skin whitening products were impossible to find here, and how my summers spent inside were worth it. The “wish I were white” phase validated then manifested to the literal hours spent watching YouTube tutorials on how to contour my nose and ‘fix’ my eyebrows.

That phase and those habits twisted my concept of beauty. Beautiful equated to perfection, to whiteness.

Eurocentric ideals warped my own self-acceptance, but how unfair was it of me to expect myself to look and become something I am not? My nose, my skin, my hair—gifts from my ancestors passed down to me and torn apart by the remnants of a colonial past and present. I want to subvert those standards and piece together those gifts, for how can I see the beauty in others if I cannot see the beauty in myself?

Laurelei Bautista (she/her) www.salient.org.nz

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Pasifika Students' Council

Happy Samoan Language Week Talofa lava, o lo’u igoa o Neemia Malele. E 20 o’u tausaga.

‘Ou te sau mai I nuu o Apia, Solosolo ma Safune Savaii.

“Samoa, known as the pearl of the Pacific by some, a small island nation with riches of culture, customs, and heritage.

Its warm, friendly people and breathtaking sceneries Hi, my name is Neemia Malele. I am 20 years old. I come make it a perfect Pacific Island destination. This week, from the villages of Apia, Solosolo, and Safune Savaii. celebrating the Samoan language signifies going back in history [to remember] how native people fought their way for a better nation, alongside teaching and learning the What can you tell us about Samoa? traditions from old onto new generations. As a student, The way we learn stuff is by observing. Our first classroom this imparts so much pride of being Samoan. The world gazes as you perform, different communities learn as you is at home. Watching the way our parents and elders do things, that is how we are taught. They don’t tell you what teach, and the environment you impacted feels like home.

Studying abroad hands you a variety of opportunities in to do, instead they do it for your eyes to see. learning [about] cultures, being an ambassador of your own community, enhancing your knowledge to give back This song sums up everything we do best in our country to your home country. A Samoan phrase once quoted, ‘E and our culture: lele le toloa ae ma’au I le va’, which means wherever the grey duck proceeds, it always belongs to the water. This “We are Samoa” by Jerome Grey symbolises that we may travel from place to place, but it Our Samoa, the greatest place of all will never change our roots and identities. Happy Samoan She is green and blue lush with beauty language week.”

And hearts are pure as gold Touch someone with tears of joy Nathan Malaitai (Bachelor of Commerce student) Touch someone with smiles of love Oh! What happy feelings From such happy people We are Samoa People from the sun We are Samoa And our heritage lives on Teach world humanity and hospitality We are Samoa And we trust in Thee

Can you give us something in Samoan you would like students to use this week?

“Ia manuia le Vaiaso ole Gagana Samoa” (Happy Samoan Language Week) Neemia Malele (Bachelor of Commerce student)

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Columns : Pasifika Students Council

I am half-caste, too white to be Islander but too brown to be white.

I am not a “real islander” because I don’t eat seafood.

I am “Plastic” because I am a New Zealand born Samoan I am “fake” because I didn’t grow up all my life in a traditional Samoan church.

I am not “Samoan enough” because I didn’t have the privilege of growing up with my language.

These are the things that I have heard all my life.

But this is what I know...

The late night prayers and instillment of God and religion are enough.

The cooking lessons with my nana teaching me how to make Pani Popo and Sapasui are enough.

The stories my aunties would tell me of Sina and the eel is enough and why we cover our mirrors at night are enough.

My thick brown hair and island thighs are enough.

The Samoan blood that runs through my veins is enough for me.

Anonymous

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Skin would you believe me, if i told you, that as of right now i am held together by a few drops of moisturiser and not the tumbling of bones scattered through my body? you would think that perhaps the red gold that i am only so happy to donate to others, would be there for me but the crimson rush floods my head, my ears, the left side of my chest, and i cannot breathe, i don’t know what breathing is i only know the radio static that won’t switch off my body is tuned into one station do you know the one? the one that always plays on your drive to work in the morning; but they never warned me that the station was going under and i would never hear their voice again you would think that maybe the skein of veins that latches from limb to limb would be enough but i never could knit, nana gave up on me long ago everything is tangled it stretches and pulls like sinew protests against a knife a wet web that won’t give in until it does. and it does. but while everything spills gushes oozes inside my skin is fine my skin is strong i didn’t think that a lotion could act as a glue but right now, right now, it could be mistaken for cement this is something i do to care for me not for you; i loved you. i love you. but this was never about you this was always about me everything is about me now and i am unwinding my veins and waiting for the ocean in my limbs to calm and flat-packing my bones into order but for now a few drops of moisturiser will be enough sb.

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Culture : Poetry / Review

Review

Comedy

Chris Parker: How I Felt Maia Ingoe (she/her) When Parker asked if there were any Gen Zs in the house, there were a few feeble whoops. When he called out to the millennials, the entire room was cheering. The difference was jarring. I knew what I was getting into, and it didn’t matter, because the show had me gasping for breath between laughter anyway. Uni students need our share of chaotic crafting to process an endless grind of assignments, part-time jobs, and existential despair.

The scene is lockdown, 2020. Back home and bombarded by whipped coffee trends and sourdough starters, with life structured around 1 p.m. briefings with Ashley Bloomfield and Jacinda Ardern. That, and the reliable nightly Instagram stories from New Zealand comedian Chris Parker—a mess of chaotic energy, lockdown anxiety, and manically-crafted felt animals.

It’s that energy I was craving from Parker’s latest show, How I Felt: a live comedy showcase of felting mania.

Upon first glance, you wouldn’t think madly stabbing wool into the shape of a cute animal alongside comedic rants taking kicks out of New Zealand and it’s hypocrisies—from coffee, to men, to housing—while throwing in the occasional musical break could make a functioning Comedy Fest show. But Parker made it work. The show was abundant with hyperactive energy and the self-awareness of a man seeking the validation comedians crave, and who is perfectly okay with basking in a well-deserved applause. It was the mix of cute and campy, with the occasional burst of anger, that created a show which had everyone in the audience grinning giddily.

Having watched his rise to Instagram fame, seeing Parker’s obscure crafting live made it feel as if I was with an old friend. Parker treats his audience with the same familiarity he treats his followers. Except this time, we weren’t caught in the middle of the stay-at-home-savelives festival—we were crammed into a live venue with dodgy heating once again, in one of the only places in the world where we can.

Chris Parker won the 2018 Fred Comedy Award for his show Camp Binch. He has been making people laugh on screen in shows such as Jono and Ben, 7 Days, and Snort, as well as in various stage shows across the country. You might have seen his skits on TikTok or Instagram, bringing a hilarious and relatable energy to shit-takes on New Zealand life. His highest achievement, While the Comedy Fest is now finished, there’s still a pink felt hat decorated with lockdown felting plenty of Wellington talent and travelling shows to be creations, can be seen in-person at Auckland Museum seen through the year. If the depressing state of the and in portrait at Te Papa. world is getting you down and you can’t remember the last time you’ve been to a comedy gig, round up the It was slightly disorientating to walk into San Fran, the notorious music venue—usually filled with an alty crowd mates and grab tickets for a show at one of the many venues around Wellington. As Chris Parker assured that are drinking, smoking, pushing for space in front the crowd at the end of his gig: you know how much of the stage, and generally having a great time—to see validation comedians crave, so I can guarantee you’ll the bright orange felting table set onstage and purple make their night. lighting cast over the faces of a very different, trenchcoat-carrying, shitloads-of-women-with-one-gay, crowd.

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Words by Oli Cheyne (he/him) Photos by Oli Cheyne, Oliver Crawford, and Burgess Mills

Questions and Answers with Bianca Bailey It’s Tuesday, it’s pissing down, and already dark at 5 p.m. While waiting for the seasonal depression to kick in, I’ve been keeping myself comforted by listening to Wiri Donna’s new single “You Should Be Smiling”, part of the Two Daze compilation, released on May 5.

Wiri Donna, comprised of Bianca Bailey (vocals/ guitar), Ethan Roberts (guitar), Harry Scholes (bass), and James MacEwan (drums), have been making a big splash in Wellington over the past year and a bit. Emerging out of lockdown as one of the more prolific and exciting bands, they’ve been playing a slew of shows up and down the country in the first half of 2021.

Bianca joined me for a yarn about the evolution of Wiri Donna, the trials and tribulations of the city’s music scene, and what’s on the horizon for Poneke’s favourite dinky riff rockers.

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Crosswords / Word Finds

First up, congratulations on the release of “You Should Be Smiling”! Can you tell us about the Two Daze project and how you got involved with it?

Two Daze was a project that was started by my friend Isaac MacFarlane, aka Hahko, that was sort of birthed out of frustration of NZ Music month not giving [the spotlight to] local emerging artists doing something creative and challenging, it was sort of a month that was like, “Here’s Dave Dobbyn”, you know! He launched it in 2019 as a project to give artists a task to write, compose, record, and produce a single in 48 hours. He asked me to do it last year during the first weekend of lockdown but where I was, I didn’t have access to any kind of recording equipment. I wrote a song that weekend which turned out to be the only thing I wrote during lockdown—I thought instead I’ll drink rosé and play pool! So it’s really cool to be a part of it this year! I loved the process, having 6 p.m. Friday until 6 p.m. Sunday—but come Friday I had nothing, all I could get was a single line of lyrics. By Saturday I went to pick up the boys and they were all hungover and things just kinda went wrong! James’ electronic drum kit wasn’t working properly so he had to programme everything on the Saturday night, and we just had to try and hoon through everything on the Sunday. That made me understand the full challenge of the 48 hours, but we ended up with something we all really loved and now we get to play it live and see it grow and change the more we play it live.

Wiri Donna has been kicking around for a wee while now, can you tell us about the project and how it has evolved from its beginnings as a folk project to a fully-fledged band?

All the projects I have been in previously have all been sort of rock-oriented, and it seemed that everything I was doing was fulfilling all my creative outlets, except folk music was always something that I resonated with from a young age that I never had much of a chance to play around with. So that’s how Wiri Donna started out, as a folk project, still with my style of songwriting, but I wanted to challenge myself to go in that direction. I wanted to do the project as a band, and people want to go out to see indie-rock bands and have a good boogie, and maybe drink too many beers at San Fran.

When it kicked off I did start to miss those other elements of the folk side of it—now it’s become a sort of amalgamation of those two worlds. My songwriting is rooted in that folk storytelling style, but we can do more of the grittier, harder sound that people can go out and boogie to. I guess the more I’ve thought about it and the more I’ve wanted to achieve there have been more moving parts, and no one told me not to do it, so I just thought why not add a saxophone in and a microKORG, who’s gonna tell me no?!

What have you seen happening around you in the music community, here in Wellington and further afield, that has been encouraging to the growth of music?

I feel like we’ve just come out of this really awesome run.

Despite COVID, there have been so many doors open to smaller artists, and communities rallying around each other to share and promote local music. It’s been amazing seeing these communities emerge, and providing bands [with] opportunities to reach new audiences. Touring and funding has been more accessible considering there aren’t international bands here, so the bars have more availability.

It’s pretty surreal to think about the way we look back on the past 12 months, and see how everyone has supported local artists and this kind of moment in New Zealand music.

To put it mildly, there have been some issues regarding diversity and representation in NZ music, especially in Wellington—what did playing on a fully female/trans/non-binary led stage at CubaDupa mean for you?

Having a dedicated femme/non binary/trans-fronted stage was so important. Having that space has been such a rarity; there are lots of awesome communities putting forward great live music, but it doesn’t negate the fact that there are lots of people who are still unaware that if you’re not challenging the status quo, then you’re not actually doing much to stop sexism and discrimination in the music industry. We all talk a lot about these things that need to change, and having that stage felt like a small step in the right direction to turning those frustrations into something tangible. I also think that everything Gussie Larkin programmes is always just spot on!

You are pretty heavily involved with CubaDupa and Welcome To Nowhere, how do you see these festivals leading the way for others in terms of curating diversity and fostering a safe musical community?

What I like about those festivals is that the issues of diversity and representation and creating safe spaces are at the forefront of your mind. These are the things we want to be doing right by, rather than acting like we have to meet quotas, which is a half-arsed afterthought. I think we have a lot of people and support that means we are actively involved in these different communities, and are able to provide them with the best platform and safe spaces for them to share their art with us. It’s something that I would hope is slowly moving to be at the top of people’s minds. We had an awesome summer of NZ music, but there was a lot of music that wasn’t showcased because those initial considerations weren’t there.

I don’t know if that means we are leading the way—it’s more about involving the right people from those communities at the start.

Wiri Donna were just in the studio last weekend, what’s in the pipeline for you over the next few months?

We went into Surgery Studios to record the first single off our new EP, with another few dates in July to finish it all off. It was the big project I really had full creative control over, which is exciting and nerve wracking for me. But I love working with James, Ethan, and Harry, and we could see each other getting really excited about the process.

We ate lots of great kai while we were there; I think my first recommendation when going into a studio is to eat really well! We are playing the Tuning Fork in Auckland in June, and doing a tour with Eyegum in July and August, and then [we’ll] release an EP. We’re kind of doing it backwards!

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Celebrating the cultural artifact known as Now! Emile Commarieu, Ngāi Tahu (he/him)

In 1997, New Zealand was introduced to the Now That’s What I Call Music! series. But sadly, since 2020 it has disappeared—Now!, we miss you and are very worried.

Growing up, my mum would take me and my brother to Queen Street on the weekends. That meant one of two things: playing Tony Hawk’s Pro Skater 2 on the TV at Smith & Caughey’s, or spending hours looking through their CD section. Stands were filled, Now That’s What I Call Music! had just come out, and fuck me, was it hot! The only problem was that my mum hated pop music, and so she refused to buy them.

“We only listen to real music in this household”.

Naturally, with that kind of strictness I was brought up listening to Nirvana, Red Hot Chili Peppers, and somehow Michael Bublé.

“Haven’t Met You Yet” is still a hit, and I refuse to believe otherwise.

All the coolest kids at school brought their Now! CDs to show off. I desperately wanted to fit in, so I begged my mum to buy me Now! 16, but there was still no budging from her. This was a primary school hierarchal issue that not even my hand-me-down AF1s, shell necklace, or Blue-Eyes White Dragon could help.

“Mum, can we please get the album with ‘18 MASSIVE HITS’?”

After a hellish first year of primary not knowing the songs that played on ZM in my friend’s mum’s car, Now! 19 came out—another set of Top 40 bangers, another season of having no clue who Akon was and why these peas had black eyes.

Then, things changed. Our family hired a car to do a road trip from Christchurch to Nelson,

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Word: NOW! Finds / Cryptolists Culture Law Quiz

but there was one problem—the radio wasn’t working. We pulled into the BP to fuel up, and little did I know that a life changing moment was going to smack me in the face: my mum bought Now! 19, in all its sandy glory.

Hearing Rihanna’s “Pon De Replay” may as well have been my apple from the Garden of Eden. Next song, “Don’t Cha” by the Pussycat Dolls, and boom—sexual awakening. I swear I can relay to you the order of every song, to this day. I finally understood what it was like to be one of those kids who were in the know, and it felt great.

Not only was Now! 19 my introduction to pop music, it was also the first time I heard NZ music, and it shook me to the core. Savage, Elemeno P, and Pluto, all very different but equally mesmerising. I thought NZ music was solely “Bliss” by Th’ Dudes, and the Country Calendar theme.

Now! CDs gave kids like me, whose parents’ music tastes were stuck in the past decade, the possibility to discover all sorts of genres and artists that were previously locked away.

Every kid born at the end of the CD era has their own story and memories attached to their favourite Now! compilation. It introduced us to music we didn’t expect to enjoy, as well as Aotearoa’s finest musicians.

This isn’t just me—chances are, you also have a Now! memory, as it was huge. In Ōtautahi, their student radio station is hosting a series called “NOW THAT’S WHAT I CALL RDU”, which is highlighting the history of their local music scene. In Otago, this year their Music Month Issue was titled “Now That’s What I Call Critic”. The influence that these compilation CDs have had on our generation is enormous.

I would like to formally thank those who worked on NTWICMNZ for being GCs.

Law Alive: A Quiz 1) When was te Tiriti o Waitangi/the Treaty of Waitangi signed?

A) 4 February 1840 B) 6 February 1840 C) 7 February 1841 D) 9 March 1841 2) The treaty is made up of 9 documents.

Where are they currently displayed?

A) He Tohu National Library of New Zealand B) Parliament C) Te Papa D) Alexander Turnbull Library 3) When was The Whanganui river recognised as having ‘legal personhood’?

A) 2014 B) 2015 C) 2017 D) 2019

6) When were women legally able to vote in NZ? A) 1891 B) 1893 C) 1901 D) 1905 7) It’s illegal to advertise a reward for the return of any property that you’ve lost or has been stolen. How much can you be fined?

A) $50 B) $100 C) $150 D) $200 8) The last person to be hanged in NZ was Walter Bolton in 1957. What was he convicted of?

A) Manslaughter, running over his neighbour B) Murder, shooting his neighbour C) Murder, poisoning his wife D) Theft, bank robbery

4) When was the first woman, Ethel Benjamin, admitted to the NZ Bar? A) 1890 B) 1895 C) 1897 D) 1900 5) New Zealand is a common law jurisdiction, which of the following countries is also a common law jurisdiction?

A) France B) Singapore C) Spain D) Sweden

9) What is the ‘ownership status’ of the foreshore and seabed?

A) Owned by the Crown B) Owned by no one with customary rights for Māori C) Owned by no one with no customary rights for Māori D) Owned by the National Seabed Authority 10) Which of these best describes a de facto relationship?

A) A couple over 16 who are in a relationship on Facebook B) A couple over 18 who have been living together for one year C) A couple over 16 who have been living together for two years D) A couple over 18 who have been living together for three years

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Answers 1.b 2. a 3. c 4. c 5. b 6. b 7. d 8. c 9. b 10. d

Crossword: Tanglier

The answers to the starred clues have something unusual in common.

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ACROSS

DOWN

1. Giving a heads-up to (8) * 5. Morse or Pig Latin (4) 8. Essential; a function satisfying a differential (8) * 9. Post; flexible armour (4) 11. ‘Into the Woods’ actor Kendrick (4) 12. Narrating; associating (8) * 14. Hades ferryman (6) 16. Tasmanian capital (6) 18. Making changes (8) * 19. Plant that reproduces with spores (4) 22. Crucial piece in chess (4) 23. It might be scalene (8) * 24. Less-crucial piece in chess (4) 25. Stay longer than necessary (6,2) *

1. Beast-shaped biscuit (6,7) 2. ‘Circle of Life’ singer John (5) 3. African nation between Benin and Ghana (4) 4. What a room remedied by Marie Kondo might be now (6) 6. Instrument of Time, in a Zelda game title (7) 7. Epiphany sought by many monks (13) 10. Andy Foster or Sadiq Khan, for example (5) 13. Hooded snake (5) 15. Character in ‘The Merchant of Venice’, ‘Much Ado About Nothing’, ‘The Tempest’, ‘Twelfth Night’, or ‘The Two Gentlemen of Verona’ (what is this, a crossover episode?) (7) 17. Influential Russian filmmaker Tarkovsky (6) 20. First name of American authors Poe and Burroughs (5) 21. The Jets or the Sharks, in ‘West Side Story’ (4)

Puzzles

Skuxdoku

Word of the Week

“Land” Te Reo Māori whenua New Zealand Sign language

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D Aries

Taurus

Gemini

Heading into this exam period, make sure you’re keeping up your water consumption. You may be dehydrated in reality, but you may also be emotionally drained, so find your replenishment through self-care. Take breaks, because you’re better to be in a good headspace doing your work.

You are healthy, you are wealthy, you are rich, you are that bitch. Treat yourself, the semester has been long as hell and you deserve to be looked after <3

Gemini season mode activated. This time is not about you, it’s about celebrating your fellow Geminis.

This could be in your personal life, or giving someone famous a follow on Instagram—Venus Williams is pretty bloody awesome. Also, talking about Venus, watch the planet’s movements for a chance to try a new haircut.

Cancer

Leo

Virgo

You’re a Cancer, and yes, it shows.

There’s a big opening or a big beginning happening for you this week. You’re going to do sooo awesome. I bet everyone will be really proud of you. There is a snake in the grass, and you should be able to see them shining in the light of Wednesday night’s full moon.

It’s time to get excited, because you’ve almost reached halfway through the year! However, don’t let your manes down just yet, little lions.

With a little bit of elbow grease, this could be the week you remember for years to come as the week you finally got your shit together. No pressure.

It is official Virgo Romance Week! Go get it. If there’s someone out there, politely ask. If there’s no one, love your damn self. You’re a Virgo, and you are perfect in every way.

Libra

Scorpio

Sagittarius

Quit going on about Harry Potter and read another book. No one cares what your Patronus is, and you would never get into Ravenclaw. Also, fuck JK Rowling. Start watching The Chase, if you don’t already. That is top quality, intellectual content.

Please don’t go outside this week!

Guarded Saturn is in your fourth house, and has just passed Venus in your eighth house. It is of vital importance that you stay in your room at all costs. See you next week.

Capricorn

Aquarius

You have done so incredibly this Trimester! Sometimes it might feel like your work has been fruitless and gone unrewarded. Don’t let this get you down. Finish strong and trust that the seeds you have sown will eventually blossom into many bountiful vines, ferns, and flowers.

Give yourself a pat on the back and enjoy a cheeky glass of wine, you’ve earned it.

It’s a bit of a gamble this week, and I think it’s time for you to take a risk, maybe get on the Raiders to beat the Storm at $6.20 it’s your time to start a new hobby and jump out of your comfort zone. It is written in the stars.

If you run, quit. If you don’t, start. If all of the Aquarius kings and queens commit to such a cosmological switch up, it should create a wormhole in the astrological continuum. Enter it at your peril, but you may be surprised by the cute fluffy friends you find along the way.

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Columns : To be Frank Horoscopes

Pisces

This week you are a star. Your smile is on fleek, the fade is fresh, and those muscles are poppin. You are actually quite good at what you do, and financial reward is coming your way.

Still, you can’t seem to get yourself to be taken seriously. Don’t worry. I see you, you are valid.

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The Team Editors

Sally Ward & Matthew Casey editor@salient.org.nz

Design & Illustration Padraig Simpson designer@salient.org.nz

Sub Editor Jamie Clarke

News Editor

Kane Bassett Kirsty Frame news@salient.org.nz

Feature Writers

Rhianna Morar Johnny O’Hagan Brebner Emily Hollis Dara Jagose

Contributors

Zoë Mills Frankie Dale Anoushka Divekar Laurelei Bautista Pasifika Students’ Association Oli Cheyne Emile Commarieu Puck

Chief Reporter Niva Chittock

Staff Writers Janhavi Gosavi Ronia Ibrahim Lachlan Ewing

Social Media & Web Manager Brittany Harrison

Podcast Manager

Francesa Georgia Pietkiewicz podcasts@salient.org

Centerfold

Jessica Thompson Carr @maori_mermaid

Find Us

fb.com/salientmagazine IG @salientgram Twitter @salientmagazine www.salient.org.nz

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