The Dun Mihaka clause - the straw that broke the camel's back.

Hansard  (click on link to view) 10 April 1986 - Parliament of Aotearoa New Zealand*:

The Minister of Maori Affairs, Koro Wetere, introduces the Maori Language Bill.

It seems to be news to Merv Wellington and John Banks that Standing Orders were changed to allow members of parliament to address the House in te reo a o tatou matua tupuna, the Maori language.

Following calls of "Rubbish" from members of parliament Peter Tapsell and Ken Shirley in response to Winston Peters's long winded self important utterances, Winston announced thus in regard to Clause 4, Right to speak Maori in legal proceedings, regarding the issue of a competent Maori translator being provided to the Court in the event of a defendant electing to address the Court in the national language of Aotearoa, te reo a o tatou matua tupuna:

"There is a danger there that must be carefully considered.  The clause is beginning to appear to me to be the Dun Mihaka clause.

An Honourable Member:  Ha ha

WINSTON PETERS:  Government members may laugh, but the process we are talking about is the proper process for the Court.  I can envisage certain people abusing that process by turning up without having given intention or any notice of that matter, and hamstringing the Court in a procedure reliant on the legislation purely to filibuster proceedings that could and should have been rightly and expeditiously dealt with."

Koro Wetere goes on to call Winston "incompetent", after Winston states that he knows all Koro's cuzzy's, they all vote National and are all great friends of his, then Winston goes on to address clause 6 of the schedule, claiming that it would lead to the sudden spawning of innumerable 'quangos' (quasi-autonomous non-governmental organisations):

"If Titewhai Harawira comes down and leans on the Minister he will give her 50.  And if another radical such as Dun Mihaka comes down he will give him another 50. "  (Before Russell Marshall shows a bit of decorum and addresses the House appropriately and elegantly in te reo a o tatou matua tupuna.)

The irony.

Let's talk about hamstringing the Court and filibustering proceedings that could and should have been rightly and expeditiously dealt with, but weren't, and the cost of funding the legal gravy train and whether tangata whenua are getting value for money.  And Ken Shirley for that matter.

Dun Mihaka has been discriminated against by NZ Police, Housing New Zealand Corporation, and the New Zealand Courts and legal system.  Despite Maori being over represented in the so called justice system, and the recent admission by NZ Police that they suffer from "unconscious bias" against Maori, nothing's changed.

Housing New Zealand Corporation simply accepted the verbal complaint of Warren Frederick Dickie, without bothering to follow their own policies and procedures, or conduct any sort of proper investigation, as did Police, and the District Court.  Tax payer funded public servants failed to show any due diligence, but have shown, and continue to show, bias and prejudice.

The writer has spoken to witnesses who say that Mr Dickie was known to be domineering, bullying, manipulative and dishonest.  Not to say that Mr Mihaka's behaviour is not sometimes domineering or bullying, but many people who know him well say he's not a liar, if he does something he doesn't deny it - if asked "Did you commit this act?"  Mr Mihaka always says "Yes I did and I'm glad I did and if I had the chance I'd do it again."  Those people also find Mr Dickie's account of things implausible, for several reasons, but justice isn't about speculation, it's about facts.

All that needed to be established by District Court Judge Kelly was whether or not there was Reasonable Doubt.  There clearly was - a confused individual who gave an account of touching Mr Mihaka inappropriately and then having a massive panic attack, who said that whatever happened allegedly happened at around 7:30 in the morning just after he awoke and got up and made coffee, then changed his story to it allegedly happening at around 9 - 9:30 at night as he was about to go to bed - on both occasions Mr Mihaka was apparently asleep when the 'touching' occured.  The writer would not 'touch' Mr Mihaka, or anyone else for that matter, who was asleep, without very good reason.  Touching isn't ok, unless it's invited, or welcome, Mr Dickie's touching does not seem to have been either invited or welcome, and the Fact that NZ Police saw fit to leave this Fact out of their Summary of the Facts presented to the Court is further evidence of their conscious or unconscious bias.

This legal leviathan has so far cost Mr Mihaka considerably, in financial terms, but more so the attack on his mana.  He has engaged at least three lawyers, none of whom even noticed the major discrepancies in the evidence, none of them have pointed them out to the Court.

Here's another one:

Constable Saunders arrested Mr Mihaka the minute he opened the door, and told him his rights.  He'd made up his mind to arrest Mr Mihaka prior to even knocking on his door.  He then told him that the allegation against him was "that you assaulted Warren Dickie on 1st July 2014" - not 30th June!

* - Abel Tasman did not "discover" Aotearoa, nor did he name it, and nor for that matter, did he ever set foot on this fair land, te taonga o te tangata whenua, who lived here, and who had already named it, and while tangata whenua certainly have no objection to tauiwi calling themselves "New Zealanders" or whatever if they wish, most of us politely decline that label.  And while John Key just spent over $26,000,000 trying to make out we've only got one flag, there were TWO parties to Te Tiriti, and TWO flags.  Te Kara - Te Haki Tuatahi, the flag of the United Tribes of Aotearoa, has never been decommissioned, and Maori never ceded sovereignty, we didn't sign up for this travesty of so called 'governance'.  Our tupuna chopped down the very flagpole he gifted the British Crown agents because they refused to fly BOTH flags from it.  Not much to ask.  The Treaty IS a fraud, and this fraud perpetuates and plays out daily in the Courts, the prisons, the morgues, and on the streets.  It's the putting right that counts.