You will know the border has been reached when virus vigilantes stop you in the name of health and safety

Good questions were raised by “a Far North man”, who did not want to be named because of his fear of retribution.

Talking to the Northland Age late last month, the man said he was

” … scared. Really scared. Not because of some virus. We have ways to deal with this. I am scared because our authorities allow people to take the law into their own hands.

“People with no authority, people with no mandate, who are not elected to represent the people by democratic rules.

“They are allowed to form a private militia, select their own people and block public roads. They are allowed to take away one of the basic human rights from us, the freedom to move.”

Yep.  And so far as Point of Order can see, this is being done with the Prime Minister’s tacit approval. 

The resident said he accepted the constraints on people’s movements in difficult times…

“But that had to be done in an organised way, following the law.”

People who had no jurisdiction to prevent others from movement should not be allowed to do so, he contended.

“On what grounds will they [self-appointed Maori police and health officials] make decisions?

“If I will not follow their instructions, what then? Do they have the right to forcefully stop me from driving down a public road? I have totally lost confidence in my elected government that they will protect me.

“What will come next? We allow members of the public to close public roads, to restrict people’s movement with no legal authority. Will they next be allowed entry to my house? Will they next be allowed to search my car or my premises?”

But the upholding of our democratic system of law and order has been undermined by a Prime Minister who won’t admonish those who fix and police their own boundaries.

This undermining is exacerbated when the Police help the vigilantes.

Stuffreports on the consequences of the government’s reluctance to discourage these checkpoints.

At least five more iwi have enforced border controls in the last week in a bid to stop the spread of coronavirus by rule-breaking locals, hunters, and tourists.”

The report notes that at Ihumātao in south Auckland, a “rāhui” has been placed on the land.

A rāhui is described as an act of prohibiting access to land and waterways, as a conservation measure, usually put in place with a “karakia”.

The report does not explore the legal obligation on the public to comply with rahui.

An East Coast tribe, Te Whānau-ā-Āpanui, has imposed a 24-hours-a-day manned closure of its borders to all outsiders and has introduced curfews and a permit system.

The Stuff report flirts with the legality of tribal checkpoints that interfere with the rights of others.

And while most have respected the checkpoints, some members of the public have questioned whether the checkpoints are legal.

Police say they have been working closely with communities who wish to set up controls at their borders, with some officers attending the checkpoints to help.

“Where police are aware of these concerns we have been speaking to those involved to provide education and advice to ensure the safety of all members of our communities. Police’s focus remains on maintaining public safety, security and public order.

“Our officers have discretion in how they deal with matters and how they are enforced and all situations will be assessed on a case by case basis.”

This reference to Police working closely with communities who wish to set up controls at their borders and the acknowledgement that some officers are “attending the checkpoints to help” implies they are legal.

But when Point of Order recently asked the PM and the Police to tell us what statutory authority underpinned Maori “border” checks, neither answered the question.

Deputy Police Commissioner Wally Haumaha did say  

 We are working with Iwi who are taking the lead to ensure rural communities that don’t have immediate access to support services are well protected.  

 We are all coming to this kaupapa from the same place – out of a need to protect the most vulnerable in the community.  Iwi are taking a strong leadership role and we want to model what it looks like when iwi, police, councils and other agencies work in partnership. 

 Point of Order – ominously – was not disabused when we emailed the Prime Minister’s Office and sent a copy to the Police press staff to observe that:

  • Our question about the statutory powers being applied had not been addressed, reinforcing our understanding there are none and that the check points are illegal, (a matter with profound implications for notions of law and order).
  • Most significantly, the Police say they “want to model what it looks like when iwi, police, councils and other agencies work in partnership”.  We infer this means they are paving the way for a future in which Hone Harawira and other iwi leaders do their own policing – a matter with profou

As a consequence of official indifference to tribal members doing their own policing, motorists are being warned by a Newsroom writer:

If you’re out on the road this weekend, be prepared to be stopped – and not just by the police. Kayne Peters reports on the official and unofficial roadblocks springing up all over the motu.

Peters reports:

Iwi across the country have stepped up efforts to secure their borders ahead of Easter Weekend. And police have joined forces with them to help protect their communities from possible Covid-19 transmission.

Although police could not give full details of when and where they’ll be setting up checkpoints, iwi are making their own known in the hope travellers will stay away and stay home.

The report lists a plethora of these checkpoints and/or road blocks around the country.

Police are warning of an increase in patrol presence over the Easter weekend, and that non-essential travellers will be fined.

Fair enough.

But what will they be doing about tribal vigilantes who illegally stop and challenge people?

And why is the government  not cracking down to halt the insidious and politically dangerous spread of tribal borders policed by self-appointed enforcers who are accountable to nobody?

4 thoughts on “You will know the border has been reached when virus vigilantes stop you in the name of health and safety

  1. This has a dark familiar ring to it. some similarities to the beginnings of trouble and strife in Germany in 1938 where tacit approval encouraged “harmless” innuendo and street thuggery that started out against their current virus (Jewish folks), then advanced to the Brown shirts, gathering momentum via more tacit approval and next thing, Whammo, the Nazis take power and become the government and it’s too late to stop it. It is vital that we pay constant attention to the fine detail of law and order, lest we create sharp-edged wedges that once driven are difficult to extract
    She has done some good work, but she is also dangerous.

    Like

  2. Any official sanctioning of these roadblocks undermines New Zealand’s sovereignty since a state is defined by it having a monopoly on all coercive powers according to law.

    The authorities would seem to have breached article 1 of the Bill of Rights Act 1688: “[t]hat the pretended power of suspending of laws, or the execution of laws, by regal authority, without consent of Parliament, is illegal”.

    See here: https://en.wikipedia.org/wiki/Fitzgerald_v_Muldoon

    Like

    1. As an addendum to the above, the Police may be relying on s88 of the Civil Defence Management Act 2002.

      “If a state of emergency is in force, a Controller or a constable, or any person acting under the authority of a Controller or constable, or any person so authorised in a relevant civil defence emergency management plan, may, in order to prevent or limit the extent of the emergency, totally or partially prohibit or restrict public access, with or without vehicles, to any road or public place within the area or district in respect of which the state of emergency is in force”.

      Like

  3. Reblogged this on The Inquiring Mind and commented:
    This is a very concerning development. Why is the government permitting this? Are the vigilante groups not in breach of the lockdown. Is their vigilante activity deemed essential. Is so, by whose authority. Why is the media not addressing this. Why is the ERC not addressing this issue which bears directly on our rights. Where is the Human Rights Commission in all this?

    Like

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

This site uses Akismet to reduce spam. Learn how your comment data is processed.