Category: prison

The “teal deal” is not going to happen, and it’s not the Greens’ fault

“National and the Greens should work together” sentiment seems to have reached an all-time high. This is not because the two parties have moved closer together in policy or philosophy. It’s because after the election, this is the only way—short of a Nat-Lab grand coalition—to lock Winston Peters out of any role in government.1

I can’t be bothered to list examples because I’m sure you’ve all seen or heard people calling for a blue-green government arrangement (or “teal deal” if you will). Perhaps you’ve even suggested it yourself.2

What I want to talk about is the suggestion that usually comes after “National and the Greens should work together”. This is how former National PM Jim Bolger puts it:

“the Greens might be quietly reflecting on whether they, unique in the world of Green parties, should only link themselves to left-wing politics, whereas the environment is neither left wing or right wing, frankly. The environment is the environment; it’s Mother Earth we’re talking about.”

The idea is that the Greens would be more effective in pushing environmental policy if they stuck to that, and got rid of their insistence on left-wing socio-economic policy. This way, it is suggested, they would have a better chance of being able to find room for compromise and cooperation with National. Other Green parties in countries like Germany have been willing to form coalition governments with right-wing parties.

The Greens’ usual response is to give reasons why environmental justice and socio-economic justice (or environmental sustainability and socio-economic sustainability) are inextricably linked. Ever since they were the Values Party they’ve pushed both, and they don’t intend to stop now.

Another response could be to say that New Zealand is not Germany. Germany has a democratic socialist party called The Left which pushes left-wing policy even if the centre-left parties (the Greens and the SDP) don’t—even if they form grand coalitions with the centre-right. In New Zealand, the Alliance and Mana have disappeared as left voices in Parliament. Moreover, Labour kickstarted neo-liberalism and haven’t really repented from it. Until Labour make a significant change from Clark/Blair-esque compromise to Corbyn-esque social democracy, the Greens are the only party significantly trying to push New Zealand in a leftward direction.

However, both of these responses to the challenge accept the terms of the challenge (like Labour accepted the terms of National’s “dead cat” “fiscal hole” challenge). These responses accept the assumption that it’s the Greens’ left-wing socio-economic stance that blocks them from working with National, and that they’d be able to find common ground on the environment.

However, I don’t think this is correct. Certainly the Greens’ socio-economic stances—making welfare more of a livable UBI and less of a punitive control mechanism; raising tax on the rich and introducing it for property investors; returning the minimum wage to 2/3 of the average wage; reducing imprisonment—are all basically the opposite of what the Key-English government have done. However, I think Bill English is actually more likely to accept these policies than to accept Greens’ environmental policies. If Bill could be convinced these socio-economic policies are good “social investment”, he could get behind them. Of course, he won’t. (This is largely because National’s vision of “social investment” is so limited by a pathologically individualist mindset, and so tantamount to Minority Report in its instinct to control the risk factors rather than healing the determinants.) But it’s not outside the realms of possibility.

The Greens’ environmental policies, on the other hand, would require National to actually seriously challenge farm owners, drilling/mining companies, and other capitalists. Currently the costs of these capitalists’ activities are largely falling on the environment, and therefore on the present and future public. The Greens want to stop these business activities destroying our shared home by preventing and internalising these external costs. They’ll ban some unjustifiably polluting business activities, such as drilling or mining or exploring for more fossil fuels at a time when even burning the fossil fuels already dug up will make the Paris target impossible. They’ll tax other business activities for their pollution—making those who produce the costs pay the costs, instead of externalising them. And they’ll use the tax revenue to clean up the damage and to subsidise farmers and other businesses moving to more sustainable ways of doing business.

Do you really see National doing that? The party whose base is farm owners and other capitalists? The party that think climate change is only an issue for “elites”, and that it’s not a “pressing concern”, and that we should adapt to climate change rather than mitigating it? The party who scaremongered on a small water tax for some big farms that are currently destroying the quality of Aotearoa’s awa and wai?3

So how should the Greens respond to this “helpful suggestion” to the Greens—and this implicit congratulation of National for their supposed hypothetical willingness to “green up”?

Well, I wonder if they should make an offer to National this election: If you let us have our way with the environment, we’ll give you confidence and supply to do everything else you want to do as the Government for the next three years. We’d pass a zero carbon act and introduce the Greens’ policies for actually getting to zero carbon. We’d follow the Greens’ ideas to clean up our rivers instead of pretending National and the “hard-working farmers4 already have the issue under control. We’d build sustainable transport instead of roads, roads, and more roads.

And maybe we’d have to tax the rich at least a little more to pay for some of this—and/or take slightly longer to repay the Key-era debt. Bill’s choice.

National would refuse this offer. And then maybe people would stop trying to make the teal deal happen. Or at least realise it’s not Green stubbornness stopping it happening. It’s National’s near-total lack of concern for the environment.


  1. Special votes are extremely unlikely to change the basic possibilities. 
  2. Someone who can always be bothered finding, listing and summarising examples is my hero Bryce Edwards who has subsequently done one of his legendary political round-ups on the teal deal. 
  3. These points I’m making are not new—here‘s basically the same point made three years ago on the No Right Turn blog. 
  4. It was shrewd of National to portray criticism of National’s record on rivers as criticism of farmers who are working hard to clean up rivers, because it’s deeply ingrained in the NZ psyche to pretend we’re really farmers at heart. We all lie about being the rural type. 

Fabian Mika’s lawyer is (mostly) right

Fabian Mika’s lawyer is appealing Mika’s manslaughter sentence, suggesting his cultural background and upbringing should have be taken into account as a mitigating factor in sentencing.

It looks like this is being met with the predictable outrage when anyone notes there’s still ethnic inequality in NZ, coupled with the usual panic whenever someone suggests people’s lives are more complicated than just personal choice.

The judges are no doubt right to point out the logistical difficulties of the lawyer’s idea. Nonetheless, the lawyer’s argument touches on a serious problem with punishment/the ‘justice’ system in general: it only responds to individuals for their individual choices. But no individual choice happens in a vacuum.

The justice system doesn’t deal with the wider social determinants of individual choices. In many ways, it can’t: it falls outside of the justice system’s purview to deal with (for example) economic inequality, the chief cause of high violent crime rates.

But the ‘justice’ system should at least acknowledge that these social determinants are very much unequal from one person or group to another.

You can accurately predict from someone’s class, ethnicity, or family situation that they’re a lot more likely to end up in jail than I am. (Or more likely to have a partner or parent in prison). That’s not fair, and it’s not chosen.

Yes, convicted criminals have made choices, I’m not denying that. But the social determinants of crime and punishment are true too, and too often we deny that.

One of the first lessons you learn studying criminology is that if you’re disadvantaged in society in general, you’re also disadvantaged at every stage of the crime and punishment process:
– examples of crime vs. other examples
– opportunities for crime vs. other opportunities
– likelihood of being in extreme need
– laws and definitions of crimes
– types of crimes you’re likely to commit
– likelihood of being suspected/pursued by police
– likelihood of being caught
– access to good legal help
– likelihood of being convicted
– harshness of sentencing for your crime
– your specific sentencing
– how you’re treated by society after your punishment

So I definitely think someone’s experiences and social position should be considered among the mitigating/aggravating factors in sentencing. But that only deals with the tip of the iceberg of the problem: socio-economic inequality leading to manifold inequalities in crime and punishment.

There’s a serious problem with prisons when probable abuse is a factor in sentencing

According to Section 5 of the Corrections Act 2004, the “purpose of the corrections system is to improve public safety and contribute to the maintenance of a just society” through “safe, secure, humane and effective” sentences, assistance with rehabilitation and reintegration, the best decisions by courts and the Parole Board, and corrections facilities that meet the UN Standard Minimum Rules of the Treatment of Prisoners and other sections of the Act.

The implication is that prison punishment consists of a simple lack of liberty; to meet the standards of public safety and justice, we are taking prisoners out of the community and punishing them by depriving them of a certain degree and amount of liberty, deemed proportional to their unlawful actions. We’re not punishing them with physical violence and psychological humiliation. We don’t do it that way anymore … in theory.

So we know that something is seriously wrong with prisons when sentencing judges have to take into account the high likelihood of physical, sexual and emotional abuse when determining jail terms:

Transgender prison decision ‘a breach of rights’“, Radio New Zealand News, 20/12/2012

A judge at Whangarei District Court on Wednesday sentenced Glen Cooper [a transgender criminal] to a reduced prison term, because the likelihood of harassment in a men’s jail.

The court heard Cooper had already been attacked in jail while awaiting sentence.

The Department of Corrections said Cooper has not had sex change surgery so must go to the men’s prison.

On National Radio this morning, Kim Workman from Rethinking Crime and Punishment talked about how our prisons have become very secure, but highly unsafe. This Wikipedia article is a good read, making the same points; we have very few escapes or positive drug tests, but troubling figures for prisoner assaults on staff and other prisoners, and for mental health and suicide.

Let’s not let our base, vindictive, foolishscapegoating punitive instincts get in the way of making prisons safer. When you take away people’s freedom and responsibility to look after themselves, it becomes entirely your responsibility to look after them and keep them safe.  Letting prisoners be exposed to abuse and violence can’t do any good, it goes against the legislated role of prisons, and in no way can it be considered just.