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	<title>Comments on: Oaths vs Speeches</title>
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	<description>DPF&#039;s Kiwiblog - Fomenting Happy Mischief since 2003</description>
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		<title>By: OneTrack</title>
		<link>http://www.kiwiblog.co.nz/2012/11/oaths_vs_speeches.html/comment-page-1#comment-1045560</link>
		<dc:creator>OneTrack</dc:creator>
		<pubDate>Fri, 09 Nov 2012 04:10:03 +0000</pubDate>
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		<description><![CDATA[RRM - Which is a good reason for them to make an oath to the treaty.  Nobody can agree what it means, so they can do whatever they want (sell state secrets to North Korea or something) and they could just say they were following their oath to the treaty.  And nobody would be able to prove they weren&#039;t.  It&#039;s a win-win (for them).]]></description>
		<content:encoded><![CDATA[<p>RRM &#8211; Which is a good reason for them to make an oath to the treaty.  Nobody can agree what it means, so they can do whatever they want (sell state secrets to North Korea or something) and they could just say they were following their oath to the treaty.  And nobody would be able to prove they weren&#8217;t.  It&#8217;s a win-win (for them).</p>
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		<title>By: RRM</title>
		<link>http://www.kiwiblog.co.nz/2012/11/oaths_vs_speeches.html/comment-page-1#comment-1045377</link>
		<dc:creator>RRM</dc:creator>
		<pubDate>Thu, 08 Nov 2012 23:38:08 +0000</pubDate>
		<guid isPermaLink="false">http://www.kiwiblog.co.nz/?p=68142#comment-1045377</guid>
		<description><![CDATA[And pardon my ignorance but are you sure there&#039;s not some practical (legal) basis for the oath?

I.e. wouldn&#039;t it form some sort of formal basis for sacking them later on if we need to, if an MP gets seriously out of order in some way?

(Kinda like making a declaration before a J.P.... the only reason for it is that if you later get found out to have made an untrue declaration, then you&#039;ve committed the crime of making an untrue declaration before a J.P. and you&#039;re going to find yourself in the dock accordingly...)]]></description>
		<content:encoded><![CDATA[<p>And pardon my ignorance but are you sure there&#8217;s not some practical (legal) basis for the oath?</p>
<p>I.e. wouldn&#8217;t it form some sort of formal basis for sacking them later on if we need to, if an MP gets seriously out of order in some way?</p>
<p>(Kinda like making a declaration before a J.P&#8230;. the only reason for it is that if you later get found out to have made an untrue declaration, then you&#8217;ve committed the crime of making an untrue declaration before a J.P. and you&#8217;re going to find yourself in the dock accordingly&#8230;)</p>
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		<title>By: Griff</title>
		<link>http://www.kiwiblog.co.nz/2012/11/oaths_vs_speeches.html/comment-page-1#comment-1045305</link>
		<dc:creator>Griff</dc:creator>
		<pubDate>Thu, 08 Nov 2012 22:00:48 +0000</pubDate>
		<guid isPermaLink="false">http://www.kiwiblog.co.nz/?p=68142#comment-1045305</guid>
		<description><![CDATA[It would be good if Maori upheld the principles encapsulated in the treaty rather than going against them

http://www.waitangi-tribunal.govt.nz/doclibrary/public/Appendix(99).pdf

(3) The freedom of the Crown to govern
On the freedom of the Crown to govern, Justice Cooke ruled that:
The principles of the Treaty do not authorise unreasonable restrictions on the right of a duly
elected government to follow its chosen policy. Indeed, to try and shackle the Government
unreasonably would itself be inconsistent with those principles.
15
Also, Justice Bisson observed that:
it is in accordance with the principles of the Treaty that the Crown should provide laws and
make related decisions for the community as a whole having regard to the economic and other
needs of the day.

There is no scope to stop the government selling the assets within the principles
or for the ownership of power generation.

The Treaty of Waitangi 1840 guaranteed to Maori, subject to British kawanatanga or
government, their tino rangatiratanga and their taonga. In doing so the Treaty must have
intended effectively to preserve for Maori their customary title. However liberally Maori
customary title and treaty rights might be construed, they were never conceived as including
the right to generate electricity by harnessing water power]]></description>
		<content:encoded><![CDATA[<p>It would be good if Maori upheld the principles encapsulated in the treaty rather than going against them</p>
<p><a href="http://www.waitangi-tribunal.govt.nz/doclibrary/public/Appendix(99)" rel="nofollow">http://www.waitangi-tribunal.govt.nz/doclibrary/public/Appendix(99)</a>.pdf</p>
<p>(3) The freedom of the Crown to govern<br />
On the freedom of the Crown to govern, Justice Cooke ruled that:<br />
The principles of the Treaty do not authorise unreasonable restrictions on the right of a duly<br />
elected government to follow its chosen policy. Indeed, to try and shackle the Government<br />
unreasonably would itself be inconsistent with those principles.<br />
15<br />
Also, Justice Bisson observed that:<br />
it is in accordance with the principles of the Treaty that the Crown should provide laws and<br />
make related decisions for the community as a whole having regard to the economic and other<br />
needs of the day.</p>
<p>There is no scope to stop the government selling the assets within the principles<br />
or for the ownership of power generation.</p>
<p>The Treaty of Waitangi 1840 guaranteed to Maori, subject to British kawanatanga or<br />
government, their tino rangatiratanga and their taonga. In doing so the Treaty must have<br />
intended effectively to preserve for Maori their customary title. However liberally Maori<br />
customary title and treaty rights might be construed, they were never conceived as including<br />
the right to generate electricity by harnessing water power</p>
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		<title>By: Fletch</title>
		<link>http://www.kiwiblog.co.nz/2012/11/oaths_vs_speeches.html/comment-page-1#comment-1045302</link>
		<dc:creator>Fletch</dc:creator>
		<pubDate>Thu, 08 Nov 2012 21:59:51 +0000</pubDate>
		<guid isPermaLink="false">http://www.kiwiblog.co.nz/?p=68142#comment-1045302</guid>
		<description><![CDATA[I went for a job interview once at (I think it was) Manukau Technical Institute, and they said they were an organisation which was treaty-based or some such thing (I can&#039;t remember the exact language now). They respected the Treaty as an ideal and and their actions were based around it etc.

They asked what I thought of it, and I gave some half-assed answer about how I never really thought about it, but just treated everyone the same.

Needless to say, I didn&#039;t get the job.]]></description>
		<content:encoded><![CDATA[<p>I went for a job interview once at (I think it was) Manukau Technical Institute, and they said they were an organisation which was treaty-based or some such thing (I can&#8217;t remember the exact language now). They respected the Treaty as an ideal and and their actions were based around it etc.</p>
<p>They asked what I thought of it, and I gave some half-assed answer about how I never really thought about it, but just treated everyone the same.</p>
<p>Needless to say, I didn&#8217;t get the job.</p>
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		<title>By: graham</title>
		<link>http://www.kiwiblog.co.nz/2012/11/oaths_vs_speeches.html/comment-page-1#comment-1045301</link>
		<dc:creator>graham</dc:creator>
		<pubDate>Thu, 08 Nov 2012 21:59:37 +0000</pubDate>
		<guid isPermaLink="false">http://www.kiwiblog.co.nz/?p=68142#comment-1045301</guid>
		<description><![CDATA[smttc: snap ...]]></description>
		<content:encoded><![CDATA[<p>smttc: snap &#8230;</p>
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		<title>By: graham</title>
		<link>http://www.kiwiblog.co.nz/2012/11/oaths_vs_speeches.html/comment-page-1#comment-1045300</link>
		<dc:creator>graham</dc:creator>
		<pubDate>Thu, 08 Nov 2012 21:59:17 +0000</pubDate>
		<guid isPermaLink="false">http://www.kiwiblog.co.nz/?p=68142#comment-1045300</guid>
		<description><![CDATA[But the Queen of England is still our Queen and our Head of State. So, whether you like it or not, it is currently right and proper that MPs should swear some form of oath to the Queen as our Head of State.

The day we become a republic, by all means throw that line out.]]></description>
		<content:encoded><![CDATA[<p>But the Queen of England is still our Queen and our Head of State. So, whether you like it or not, it is currently right and proper that MPs should swear some form of oath to the Queen as our Head of State.</p>
<p>The day we become a republic, by all means throw that line out.</p>
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		<title>By: smttc</title>
		<link>http://www.kiwiblog.co.nz/2012/11/oaths_vs_speeches.html/comment-page-1#comment-1045299</link>
		<dc:creator>smttc</dc:creator>
		<pubDate>Thu, 08 Nov 2012 21:59:12 +0000</pubDate>
		<guid isPermaLink="false">http://www.kiwiblog.co.nz/?p=68142#comment-1045299</guid>
		<description><![CDATA[Pete, you are thinking too hard.

She is also the Queen of New Zealand and our head of state.]]></description>
		<content:encoded><![CDATA[<p>Pete, you are thinking too hard.</p>
<p>She is also the Queen of New Zealand and our head of state.</p>
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		<title>By: James Stephenson</title>
		<link>http://www.kiwiblog.co.nz/2012/11/oaths_vs_speeches.html/comment-page-1#comment-1045295</link>
		<dc:creator>James Stephenson</dc:creator>
		<pubDate>Thu, 08 Nov 2012 21:54:10 +0000</pubDate>
		<guid isPermaLink="false">http://www.kiwiblog.co.nz/?p=68142#comment-1045295</guid>
		<description><![CDATA[&lt;blockquote&gt;I’d hav difficulty honestly swearing an oath to the Queen of England, I don’t have any empathy with her nor feel any allegiance to her.&lt;/blockquote&gt;

Snap! (and I&#039;m English).]]></description>
		<content:encoded><![CDATA[<blockquote><p>I’d hav difficulty honestly swearing an oath to the Queen of England, I don’t have any empathy with her nor feel any allegiance to her.</p></blockquote>
<p>Snap! (and I&#8217;m English).</p>
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		<title>By: Pete George</title>
		<link>http://www.kiwiblog.co.nz/2012/11/oaths_vs_speeches.html/comment-page-1#comment-1045291</link>
		<dc:creator>Pete George</dc:creator>
		<pubDate>Thu, 08 Nov 2012 21:43:33 +0000</pubDate>
		<guid isPermaLink="false">http://www.kiwiblog.co.nz/?p=68142#comment-1045291</guid>
		<description><![CDATA[&lt;blockquote&gt;something like uphold the law, do your duty and serve the people of New Zealand.&lt;/blockquote&gt;
I agree with this. I&#039;d hav difficulty honestly swearing an oath to the Queen of England, I don&#039;t have any empathy with her nor feel any allegiance to her.]]></description>
		<content:encoded><![CDATA[<blockquote><p>something like uphold the law, do your duty and serve the people of New Zealand.</p></blockquote>
<p>I agree with this. I&#8217;d hav difficulty honestly swearing an oath to the Queen of England, I don&#8217;t have any empathy with her nor feel any allegiance to her.</p>
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		<title>By: barry</title>
		<link>http://www.kiwiblog.co.nz/2012/11/oaths_vs_speeches.html/comment-page-1#comment-1045277</link>
		<dc:creator>barry</dc:creator>
		<pubDate>Thu, 08 Nov 2012 21:21:33 +0000</pubDate>
		<guid isPermaLink="false">http://www.kiwiblog.co.nz/?p=68142#comment-1045277</guid>
		<description><![CDATA[Hone (our favourite rat bag) was reported this am as sayingthat Maori are saving NZ with so many of them going to Ausy thus keeping the number on the dole as low as possible..

Maybe Hone could suggest to the maori party that they also make a contribution to the Saving of NZ by then all getting one way tickets to ausy - or anywhere for that matter.

The treaty is a running sore that does none of us any good.]]></description>
		<content:encoded><![CDATA[<p>Hone (our favourite rat bag) was reported this am as sayingthat Maori are saving NZ with so many of them going to Ausy thus keeping the number on the dole as low as possible..</p>
<p>Maybe Hone could suggest to the maori party that they also make a contribution to the Saving of NZ by then all getting one way tickets to ausy &#8211; or anywhere for that matter.</p>
<p>The treaty is a running sore that does none of us any good.</p>
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		<title>By: backster</title>
		<link>http://www.kiwiblog.co.nz/2012/11/oaths_vs_speeches.html/comment-page-1#comment-1045274</link>
		<dc:creator>backster</dc:creator>
		<pubDate>Thu, 08 Nov 2012 21:18:57 +0000</pubDate>
		<guid isPermaLink="false">http://www.kiwiblog.co.nz/?p=68142#comment-1045274</guid>
		<description><![CDATA[The oath is sacred but there could be a compromise by adding the meaningless phrase to the pointless affirmation.]]></description>
		<content:encoded><![CDATA[<p>The oath is sacred but there could be a compromise by adding the meaningless phrase to the pointless affirmation.</p>
]]></content:encoded>
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		<title>By: RRM</title>
		<link>http://www.kiwiblog.co.nz/2012/11/oaths_vs_speeches.html/comment-page-1#comment-1045271</link>
		<dc:creator>RRM</dc:creator>
		<pubDate>Thu, 08 Nov 2012 21:15:10 +0000</pubDate>
		<guid isPermaLink="false">http://www.kiwiblog.co.nz/?p=68142#comment-1045271</guid>
		<description><![CDATA[&lt;blockquote&gt;What &lt;b&gt;some see as another bid by the Maori party&lt;/b&gt; to take New Zealand down the road of racial separatism has been rebuffed in Parliament.&lt;/blockquote&gt;

^^^that paragraph right there from the NBR bears repeating.

Like it or not, the Treaty of Waitangi is a real thing, it&#039;s not the figment of some Maori Apartheid campaigner&#039;s imagination!

Although - note - that doesn&#039;t mean it&#039;s obvious the parliamentary oath should be about the ToW.]]></description>
		<content:encoded><![CDATA[<blockquote><p>What <b>some see as another bid by the Maori party</b> to take New Zealand down the road of racial separatism has been rebuffed in Parliament.</p></blockquote>
<p>^^^that paragraph right there from the NBR bears repeating.</p>
<p>Like it or not, the Treaty of Waitangi is a real thing, it&#8217;s not the figment of some Maori Apartheid campaigner&#8217;s imagination!</p>
<p>Although &#8211; note &#8211; that doesn&#8217;t mean it&#8217;s obvious the parliamentary oath should be about the ToW.</p>
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		<title>By: iMP</title>
		<link>http://www.kiwiblog.co.nz/2012/11/oaths_vs_speeches.html/comment-page-1#comment-1045269</link>
		<dc:creator>iMP</dc:creator>
		<pubDate>Thu, 08 Nov 2012 21:09:35 +0000</pubDate>
		<guid isPermaLink="false">http://www.kiwiblog.co.nz/?p=68142#comment-1045269</guid>
		<description><![CDATA[I think formalities and rituals (like judges wearing robes and funny wigs, now gone) can be helpful.  They help dignify proceedings by setting apart and can constrain the ever present modern refrain of individuality (like  Harawira&#039;s racism) as top of the tree.  Parliament&#039;s archaisms give the HOuse a framework to work within.  Otherwise Jaba is right....complete Farce.]]></description>
		<content:encoded><![CDATA[<p>I think formalities and rituals (like judges wearing robes and funny wigs, now gone) can be helpful.  They help dignify proceedings by setting apart and can constrain the ever present modern refrain of individuality (like  Harawira&#8217;s racism) as top of the tree.  Parliament&#8217;s archaisms give the HOuse a framework to work within.  Otherwise Jaba is right&#8230;.complete Farce.</p>
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		<title>By: krazykiwi</title>
		<link>http://www.kiwiblog.co.nz/2012/11/oaths_vs_speeches.html/comment-page-1#comment-1045267</link>
		<dc:creator>krazykiwi</dc:creator>
		<pubDate>Thu, 08 Nov 2012 21:07:25 +0000</pubDate>
		<guid isPermaLink="false">http://www.kiwiblog.co.nz/?p=68142#comment-1045267</guid>
		<description><![CDATA[&lt;blockquote&gt;Te Ururoa Flavell’s private member’s bill allowing people to pledge to uphold the Treaty of Waitangi when making legal oaths..&lt;/blockquote&gt;

Which version of the treaty? Who determines what is meant by &#039;upholding&#039;? Why did national vote against this - looks to be right up their ally? How long before somone who thinks such a private members bill is absolute nonsense is decryed as a racist on this thread?]]></description>
		<content:encoded><![CDATA[<blockquote><p>Te Ururoa Flavell’s private member’s bill allowing people to pledge to uphold the Treaty of Waitangi when making legal oaths..</p></blockquote>
<p>Which version of the treaty? Who determines what is meant by &#8216;upholding&#8217;? Why did national vote against this &#8211; looks to be right up their ally? How long before somone who thinks such a private members bill is absolute nonsense is decryed as a racist on this thread?</p>
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		<title>By: Luc Hansen</title>
		<link>http://www.kiwiblog.co.nz/2012/11/oaths_vs_speeches.html/comment-page-1#comment-1045266</link>
		<dc:creator>Luc Hansen</dc:creator>
		<pubDate>Thu, 08 Nov 2012 21:06:11 +0000</pubDate>
		<guid isPermaLink="false">http://www.kiwiblog.co.nz/?p=68142#comment-1045266</guid>
		<description><![CDATA[Of course, what some see as racial separatism others see as racial unity and social justice.]]></description>
		<content:encoded><![CDATA[<p>Of course, what some see as racial separatism others see as racial unity and social justice.</p>
]]></content:encoded>
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		<title>By: jaba</title>
		<link>http://www.kiwiblog.co.nz/2012/11/oaths_vs_speeches.html/comment-page-1#comment-1045265</link>
		<dc:creator>jaba</dc:creator>
		<pubDate>Thu, 08 Nov 2012 21:05:51 +0000</pubDate>
		<guid isPermaLink="false">http://www.kiwiblog.co.nz/?p=68142#comment-1045265</guid>
		<description><![CDATA[and the oath is a tradition .. if you stop or change that what&#039;s next. I find the whole political process bizzare and outdated BUT changing anything could end up with farce]]></description>
		<content:encoded><![CDATA[<p>and the oath is a tradition .. if you stop or change that what&#8217;s next. I find the whole political process bizzare and outdated BUT changing anything could end up with farce</p>
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		<title>By: jaba</title>
		<link>http://www.kiwiblog.co.nz/2012/11/oaths_vs_speeches.html/comment-page-1#comment-1045262</link>
		<dc:creator>jaba</dc:creator>
		<pubDate>Thu, 08 Nov 2012 21:03:32 +0000</pubDate>
		<guid isPermaLink="false">http://www.kiwiblog.co.nz/?p=68142#comment-1045262</guid>
		<description><![CDATA[who knows what on earth the treaty actually means these days .. people interpret it mean whatever fits their agenda so Flavell/hawairi are being divisive .. again]]></description>
		<content:encoded><![CDATA[<p>who knows what on earth the treaty actually means these days .. people interpret it mean whatever fits their agenda so Flavell/hawairi are being divisive .. again</p>
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