Listener Article: A question of identity
Michael Littlewood asks why his smidgen of
Maori blood should influence the number of Maori seats and suggests it's
time for the nation to grow up.
18th June, 2013
http://www.listener.co.nz/current-affairs/a-question-of-identity/
My family’s story illustrates what’s right about the way we New Zealanders
do things and also what’s wrong. In the past three years, I have been
tracking down my family’s roots
and I now know the names and origins of all
32 of my great-great-great
(GGG) grandparents.
Fifteen were from England, 10 from Ireland, four
from Scotland, two from
Wales and one, a Maori, from New Zealand. I know quite a lot about half
of them, including, in a couple of cases, their GGG grandparents, but others
are still shadows.
At some point in New Zealand’s entire peopled history, one of the
people
or families from each of the main strands of my past arrived by
boat: six by
sailing ship between 1823 and 1874, one by steamer in 1892
and one by
canoe about 700 years ago. In all of New Zealand’s 4.5
million inhabitants,
probably only my two brothers have exactly the same
racial background that
I have.
Apart from the most recent arrivals, all New Zealanders share
different
versions of my story – some slightly different, others very
different. That’s
New Zealand’s story; that’s what should make us New
Zealanders.
QUESTIONS OF RACE
The individual form in the 2013 Census, like others before it, had
three questions on race. Question 11 asked: “Which ethnic group do you
belong to Mark the space or spaces which apply to you: New Zealand
European; Maori; Samoan; Cook Island Maori; Tongan; Niuean; Chinese;
Indian; Other such as Dutch, Japanese, Tokelauan. Please state.”
Based on the nationalities of my GGG grandparents, I suppose I should
have chosen New Zealand European and Maori, but I really do not feel I
“belong” to those “ethnic groups”. Given that “belong” is as much about
perception as DNA, I chose Other and wrote “New Zealander”.
Enoch Rhodes, Michael Littlewood’s ancestor.
As I did that, I wondered what the users of this information would
make of my answer. Because mine was an awkward choice from the
statisticians’ point of view (it doesn’t answer the real question), I
suspect my answer, and the answers from those who did the same as me,
will be ignored. The statisticians will probably think that “New
Zealander” doesn’t tell us anything. I disagree for reasons I explain
later.
But what would they have made of my answer if I had chosen “New
Zealand European” and “Maori” as I suspect they wanted? The significance
of the answer to this question diminishes over generations. It is now
irrelevant and it’s time the statisticians realised that. If your
grandparents were born in New Zealand, perhaps even your parents, you
are surely a New Zealander, regardless of your racial background.
It’s wrong for the census to ask me questions about my feelings,
which is what question 11 really does. It’s also wrong for whatever
reason to slice and dice New Zealanders according to their feelings
about ethnicity. I understand the wish of statisticians to continue
asking the same questions from census to census so they can look at
changes over time, but it’s time to stop asking New Zealanders a
question about their feelings on race.
For reasons I explain later, I think question 11 is a metaphor for the race-based elements of the current constitutional review.
Census questions 14 and 15 are more directly relevant to the review.
Question 14 asked: “Are you descended from a Maori (that is, did you
have a Maori birth parent, grandparent or great-grandparent, etc)?”
I assumed that the “etc” included the possibility of a GGG
grandparent or even a GGGG grandparent, so based on my ancestry, I
should have answered “yes”.
Question 15 then went on: “Do you know the name(s) of your iwi (tribe
or tribes)?” If “yes”, the question then allows up to five entries:
“Mark your answer and print the name and home area, rohe or region of
your iwi below.”
Ann Rhodes, Michael Littlewood’s ancestor.
I know enough about my Maori GGG grandmother to have given the
requested information but I did not. Instead, I answered “no” to
question 14, effectively saying I did not have a Maori ancestor. I then
wrote a note in a self-inserted panel at the bottom of the form to the
effect that at 1/32nd, my Maori ancestry is and should be almost
irrelevant and I took exception to the possibility of any statistical
interpretations being drawn from such a small proportion. Because the
census form did not let me specify the number of my GGG grandparents who
were Maori, I did not want to participate in that enquiry.
To emphasise that particular 1/32nd of my background would be to
ignore the 15/32nds derived from my English forebears, 10/32nds Irish,
4/32nds Scottish and 2/32nds Welsh. I think that is fundamentally wrong.
At least questions 14 and 15, unlike question 11, are not asking me
about my feelings on my Maori ancestry.
However, if I had said “yes” to
question 14 and given details of the iwi of Tiraha, my Maori GGG
grandmother, Statistics New Zealand could have assumed my Maori ancestry
was anywhere between 1/32nd and 32/32nds. That’s because question 15
did not ask for the fraction of my ancestry that Tiraha represented. It
is 1/32nd and that’s who I am, not 32/32nds.
In fact, as far as Statistics NZ is concerned, if I had described
Tirahi’s iwi, it would have no idea that I was even as much as 1/32nd
Maori. The answer could have been the same if Tiraha had been my GGGGG
grandmother (1/128th), rather than my GGG grandmother.
MY “WHO DO YOU THINK YOU ARE?” MOMENT
Make no mistake, I am very happy to have discovered Tiraha and to
have a photograph of her; seeing that photo was my “Who do you think you
are?” moment. But I am also happy to have discovered my other 31 GGG
grandparents and to know something of their stories. Because Statistics
NZ did not want to know about the other 31 GGG grandparents, I decided
not to tell Census 2013 about Tiraha.
So, why is Statistics NZ asking the questions about Maori ancestry
(other than that the questions were also in earlier censuses)? Part of
the answer is to figure out how many Maori seats there should be in
Parliament.
Francis Creighton, Michael Littlewood’s ancestor.
I assume the census data also feeds into the Government’s Budget
allocations because of connections between poverty, education and race.
However, we should not include race as a qualifier for redistributive
aspects of Budget allocations. If people are poor, they need help. If
they are illiterate or innumerate, they need different help. If
communities need support because of economic changes, we should offer
that; but being Maori, even part-Maori or part-part-part-Maori, of
itself, should not be a defining qualifier for help.
The time has come to stop trying to define today’s New Zealanders by
the race of, in my case, GGG grandparents. Unless Census 2018 asks how
many of my GGG grandparents were Maori, questions 14 and 15 should go.
If questions like them are to stay in Census 2018, they should extend to
include the ethnic background of all 32 of my GGG grandparents. If
census respondents cannot answer question 15 for all 32 GGG
grandparents, then we should stop asking about just the Maori members of
that group.
Anyway, where will it all end? If the focus is on the diminishing
share of the population’s DNA that is attributable to just Maori, how
will my GGG grandchildren answer the equivalent of questions 14 and 15?
On the highly unlikely assumption that they collect no further Maori DNA
from their own parents or grandparents (my children’s children), my GGG
grandchildren will claim just a 1/512th connection with Tiraha. If
census questionnaires continue to collect the race data, does Statistics
NZ propose to ignore the other 511/512ths of their DNA? What possible
significance might 1/512th represent?
On this basis, the number of self-declared “Maori” must continue to
grow, even if New Zealand’s overall population doesn’t change. We see
that from the census data – so-called Maori as a percentage of the total
population were just 7% in 1951. By the last census in 2006, they had
reached 16%, an increase of 129% (and that excludes people like me who
have a Maori ancestor but do not declare that in the census) compared
with a 114% increase in the total population.
This kind of official analysis inevitably becomes a nonsensical
reductio ad absurdum and must stop. I understand that doing something
about the census questions is not part of the current conversation about
our constitution.
CONNECTION TO THE
CONSTITUTIONAL REVIEW
So, why do the race questions in the census matter to the
constitutional review? The issue here is the separate representation of
Maori through the Maori seats in Parliament.
In “New Zealand’s Constitution: The Conversation So Far”, published
last September, the Constitutional Advisory Panel, which is doing the
review, does not fully explain how the number of Maori seats is fixed:
“Firstly, the [Representation] Commission divides the number of people
living in the South Island by 16 … The result is called the ‘population
quota’.
“Secondly, the Commission divides the Maori electoral population, and
North Island electoral population, by the South Island population
quota. This calculation results in the number of North Island and Maori
electorates.”
Elizabeth McCabe, Michael Littlewood’s ancestor.
So, what exactly is the “Maori electoral population”? First, we need
to know who is a “Maori”. According to the Electoral Act, “‘Maori’ means
a person of the Maori race of New Zealand; and includes any descendant
of such a person.” So, anyone who claims at least one Maori ancestor can
be a “Maori”. In my case, having just one of my 32 GGG grandparents is
sufficient. For my (currently eight) children’s children, having just
one of their 128 GGGGG grandparents will be sufficient.
Section 45 of the Electoral Act 1993 drives the process of
establishing the number of Maori seats. To determine the Maori electoral
population, it uses the number of people who have chosen to go onto the
Maori roll divided by the “total number of persons of New Zealand Maori
descent registered” on the general and Maori rolls, multiplied by “the
total number of ordinarily resident persons of New Zealand Maori descent
as determined by the last periodical census”.
There is a significant disconnect between those “of New Zealand Maori
descent” and those who are on the Maori roll. A table of Maori
electoral statistics in parliamentary library research paper “The
Origins of the Maori Seats” shows that in 1949 (the earliest year for
which numbers are given), 78% of all “Maori” of voting age were on the
Maori roll. That proportion in 2008 (the latest year for which numbers
are given) was 60%, although that is higher than its low point in 1990
of 34%.
About half of all “Maori” of voting age are on the general roll and
that has been roughly the case since 1990 when it was 52%. It was 46%
for the 2002, 2005 and 2008 elections.
In other words, the increasingly flawed census questions 14 and 15
play a central role in determining how many Maori seats there are. But
rather than changing the basis for determining the number of Maori
seats, I prefer to see them abolished altogether.
THE RATIONALE FOR MAORI SEATS
Historically, the voting franchise in New Zealand (and in many other
countries) was defined by property: to qualify, a New Zealand resident
originally had to either own land of a minimum value or be a tenant of a
property with a minimum annual rent. That’s because taxes were largely
based on property, there being no form of individual income tax.
The Constitutional Advisory Panel says Maori were not individual
landowners and as “land was held communally [they] could not vote even
though they paid taxes and were affected by decisions”. That is true but
it’s not a complete explanation.
The Maori Representation Act 1867 changed the 1852 Act’s requirements
by providing for the direct election of four Maori members of
Parliament, New Zealand’s first “universal” suffrage, albeit limited to
Maori.
Michael McCabe, Michael Littlewood’s ancestor.
The preamble to the Act described why: “Whereas owing to the peculiar
nature of Maori land and to other causes, the Native Aboriginal
inhabitants of this Colony of New Zealand have heretofore with few
exceptions been unable to become registered as electors or to vote at
the election of members of the House of Representatives or of the
Provincial Councils of the said Colony. And it is expedient for the
better protection of the interests of Her Majesty’s subjects of the
Native Race
that temporary provisions should be made for the
special representation of Her Majesty’s Native subjects in the House of
Representatives and Provincial Councils of said Colony.” (My emphasis.)
The Act set out that there will be “four members of the said House
who shall be elected under the provisions of this Act to represent
therein the inhabitants of the Colony of the Maori race” and four “Maori
electoral districts”.
Section 2 described who was entitled to vote in these districts: “The
term ‘Maori’ in this Act shall mean a male aboriginal native inhabitant
of New Zealand of the age of twenty-one years and upwards and shall
include half-castes.”
The Act imposed a racial threshold for the franchise, a threshold
that persisted until 1975. “Half-castes” presumably excluded those who
did not have at least one fullblooded Maori parent, although there had
scarcely been sufficient time in the short life of the colony for there
to be many potential voters of less than “half-caste”. On that basis, it
was then still clear who was a Maori and who was not.
The Constitutional Advisory Panel’s “New Zealand’s Constitution: The
Conversation So Far” does not explain that the directly elected Maori
representatives were seen as a stop-gap until land-ownership issues were
resolved, as it was intended that property ownership would continue to
define the right to be a voter. Section 12 of the Maori Representation
Act stated: “This Act shall continue in force for five years after the
passing thereof …”
At the time, Maori land-ownership issues were expected to be resolved
within those five years, but they weren’t – the 1867 Act was extended
for a further five years in 1872.
According to “The Origins of the Maori Seats”, “In 1876 the Act was
extended indefinitely as European members began to fear that abolishing
the seats would result in a flood of Maori voters onto the European
rolls, thereby jeopardising the chances of European members in those
seats.”
From this distance, it seems ironic that it was the MPs representing
general voters who opposed the reform that should now happen.
Opportunities for reform were also missed in:
•1879 when the Qualification of Electors Act gave the vote to all men
over age 21 who had lived in New Zealand for at least a year; and
•1893 when women were given the vote. I think it is wrong to use race
as a qualifier for anything but especially something as important as
choosing a member of Parliament. The fact that being a “Maori” is such a
flawed concept makes that doubly difficult.
THE RELEVANCE OF THE TREATY OF WAITANGI
Some suggest we must retain the separate race-based Maori seats because of the Crown’s obligations under the Treaty of Waitangi.
For example: “Equally there is no doubt Treaty principles impose a
positive obligation on the Crown, within constraints of the reasonable,
to protect the position of Maori under the Treaty and the expression
from time to time of that position. … Maori representation – Maori seats
– have become such an expression.”
Taiaroa & Ors vs Minister of Justice & Ors (1994).
As the Constitutional Advisory Panel notes, the Waitangi Tribunal reached a similar conclusion, also in 1994.
Edward Friend, Michael Littlewood’s ancestor.
At the time of the Treaty, representation of anyone in a Parliament,
never mind Maori, would probably have been furthest from any of the
signatories’ minds, Pakeha or Maori. The preamble of the Treaty’s
English version said Queen Victoria was “desirous to establish a settled
form of Civil Government”, presumably (if someone had asked) in the
form of something that looked like the then Westminster style of
government.
There were just three articles in the Treaty: the first article of
the English version “cedes” to the “Queen of England” sovereignty over
New Zealand. The second guarantees to the chiefs full “exclusive and
undisturbed possession of their Lands and Estates Forests Fisheries and
other properties”. It also specifies that Maori will sell land only to
the Crown. The third article guarantees to all Maori “all the Rights and
Privileges of British Subjects”.
Putting aside the very difficult issues of translation, of
understanding and of intent – whether in fact there was the “meeting of
minds” required under both international law and English law – it seems
difficult at this distance to see how the Treaty could be interpreted as
requiring separate race-based representation in a Parliament that
represents all New Zealanders, then described as “all British Subjects”.
Even though the 1994 words of Justice Robert McGechan, that “Maori
representation – Maori seats – have become such an expression” of the
Crown’s obligation “to protect the position of Maori under the Treaty”,
may rationalise what we have now, this seems at variance with history:
• the Treaty itself says Maori should have “all the same Rights and
Privileges” as all other British subjects – not special or separate but
the same rights and privileges;
• the voting franchise for non-Maori under the New Zealand
Constitution Act 1852 was founded on property ownership or tenancy – we
must guess that if the question had been raised in 1840, signatories to
the Treaty would have assumed something similar for New Zealand;
• the Maori Representation Act 1867 was intended, as a temporary
measure, to overcome the practical difficulty that many Maori owned land
communally rather than individually; and
• once property ownership or tenancy disappeared as a unique
qualifier for the franchise, the separate representation of Maori should
also have been abolished.
That it didn’t can be explained by
contemporary politics, then and now, and has no obvious link to the
Treaty.
“Children … will unite our races”. – Hone Heke. Image courtesy National Museum of Australia
Given the now extremely low threshold that establishes whether a New
Zealander is Maori or not, it is hardly surprising that the number of
Maori MPs representing electors on the general roll significantly
exceeds the number of MPs in Maori seats. In 2013, 16 “Maori” MPs
represent electors on the general roll compared with just seven
separately elected Maori MPs.
I think the distinctions between Maori electors and others, and between Maori MPs and others, are now indefensible.
I’m not suggesting we ignore public policy issues of direct concern
to Maori. We do not need a female roll and female MPs to ensure issues
of concern to women are addressed; nor do we need an Asian roll and
Asian MPs to address the needs of the Asian community. That there are
still issues of concern to Maori does not justify a Maori roll and Maori
MPs. In 1840, the Treaty signatories did not directly contemplate
separate representation in a Parliament of New Zealanders, but even if
they had, that is no justification to continue race-based separatism in
2013.
TIME FOR A SIGN OF MATURITY
It’s now time for New Zealand to grow up. Just as significant efforts
– which I support – are being made to resolve Treaty grievances, Maori
need themselves to cast off the state of victimhood that sees their
special needs as demanding race-based representation. I see no chance of
this change being accepted by the political entities that currently
depend on the presence of separate Maori representation.
That political reality should not prevent the Constitutional Advisory
Panel from recommending the abolition of race-based representation, but
the proposal would come even more powerfully from Maori. That would
represent maturity: thinking about what’s good for the country rather
than for a particular part.
Here is a suggestion: after the last Treaty of Waitangi settlement is
signed, Maori should petition Parliament to abolish the Maori Roll and
separate Maori seats. That would be a hugely unifying gesture, a sign of
maturity.
In its history, New Zealand has done a lot of things well and some
things badly, although the good has significantly outweighed the bad.
Recently, a large change has occurred in the ethnic make-up of New
Zealand residents (particularly in Auckland) – again, some of the ways
we deal with that will be good and some less than ideal.
We can show the rest of the world what to do about a lot of things,
and the way we oppose the growing international drift to separatism and
balkanisation is an example. Creating and maintaining a single New
Zealand peopled by just “New Zealanders” should be a constant focus of
our attention.
Everyone who lives in New Zealand and who comes here to settle should
be or become a New Zealander, perhaps of Maori, Tongan, Chinese or
German descent, but first and foremost a New Zealander. We should all
hold fast to the idea that there are some things we New Zealanders all
agree with. A political distinction or favour based on race, however
well-intentioned, is not and should never be one of those.
Ngapuhi chief Hone Heke supposedly said at Waitangi in 1840: “There
are too many Europeans here now [to avoid change] and there are children
that will unite our races.”
I like the idea that “children … will unite our races”. It’s time our Parliament acknowledged that.
Maori roll
A campaign to get more voters to enrol on or switch to the Maori
electoral roll is looking unlikely to result in any extra Maori seats.
The 2013 Maori Electoral Option, which closes on July 24, is offering
eligible voters of Maori descent the chance to go onto the Maori or
general roll or to switch between the two.
Figures to April 24 released by the Electoral Commission, halfway
through the campaign, show the number of people switching from the
general to the Maori roll (6774) is only slightly more than those going
from the Maori to the general (6727).
The number of new enrolments of people of Maori descent was greater
on the Maori roll (3404) than the general roll (1473), but the overall
3400 increase for the Maori roll falls far short of the 20,000 extra
voters these types of campaign usually attract.
Michael Littlewood retired from the financial services
industry in 2008, and helped establish the Retirement Policy &
Research Centre at the University of Auckland.
This article is based on
his submission to the constitutional review.