Dr Michael Kidd: Agencies for Maori must be retained

Don Brash's treaty policy has very wide ramifications for New Zealand, and it came as something of a surprise to hear of his plans to abolish Maori agencies such Te Puni Kokiri (Ministry of Maori Development) and Te Mangai Paho (Maori Broadcasting Agency).

I assume Te Taura Whiri I Te Reo Maori (Maori Language Commission) is exempt.

Arguments against separatism need to come from a sense of profound respect by a dominant culture for a less numerous and powerful culture, as the history of race relations has been one of forced Maori assimilation until comparatively recently, and we must not forget that.

The case therefore exists for continuance of a form of biculturalism by retaining all the above agencies.

First, the two cultures need to continue to learn from each other, even though newer cultures have come since, as many of the concepts underpinning New Zealand come from Maori, such as the restorative justice processes embodied in the Sentencing Act 2002, Parole Act 2002 and Victims' Rights Act 2002.

These have attracted international attention.

Second, Maori, as the tangata whenua, have an inherent dignity and right of expression of cultural identity.

We are all equal but we need to be treated according to our individual needs, and Europeans need to acknowledge their own cultural blindness towards indigenous cultures generally.

Third, New Zealand has international obligations which cannot be ignored, such the International Labour Organisation (ILO) Convention 169: "Governments shall respect the special importance for the cultures and spiritual values of [indigenous peoples'] relationship with the lands ... "

A cut-off point for treaty claims and the abolition of Maori agencies would remove the ability to challenge development in the future that affects special relationship with the lands.

New Zealand has a continuing trustee obligation to Maori established by the 1831 Cherokee Indian case in the United States, which has been followed in both Australia and here (Mabo and Ngati Apa).

The neo-liberal writer von Hayek has influenced Brash greatly, but the abolition of these agencies would offend against Hayek's definition of freedom as "the possibility of a person's acting according to his own decisions and plans, in contrast to the position of one who was irrevocably subject to the will of another".

Cultural expression leads to the increase of self-worth and confidence, and implicit in Hayek's argument is that all groups should be assisted in the ability to be themselves.

The credo of the National Party has always gone hand in hand with acceptance that governments exist to facilitate, not to dictate.

* Dr Michael Kidd, a barrister, is a member of the National Party in West Auckland.