POISONED FRUIT

Fruit of the poisonous tree is a legal metaphor in the United States used to describe evidence that is obtained illegally. The logic of the terminology is that if the source of the evidence (the "tree") is tainted, then anything gained from it (the "fruit") is as well.

Last week Māori TV showed the documentary, “Operation Eight” about the illegal and racist terror raids carried out by the New Zealand Police for and on behalf of the Crown on the Tūhoe settlement of Ruatoki in 2007.

I say illegal because, in August this year, the video surveillance which comprised much of the Police’s raison d’etre for the raids was ruled illegal by the Supreme Court. Cue mad scramble by the Crown to pass retrospective legislation to make the video footage legal. It went through as law just last month after a lot of cross-party dealing and wheeling.

But, as the documentary lays out with precision, even if the video surveillance had been obtained legally, how it was edited and presented by the police in order to get authority to make the raids on Tūhoe is a black joke and an example of ‘fruit of the poisonous tree.’

You can watch the documentary on Māori TV’s website for free and see it for yourself.

Attorney-General, Chris Finlayson, who shepherded the Covert Police Surveillance Bill through the house, is also the Minister for Treaty of Waitangi Negotiations, and he’s been a very busy little bee.

First, he was in the Far North again early last week, trying to convince Ngāti Kuri to drop its bottom lines regarding its lands and initial a deed of settlement with the Crown. Another poisoned fruit metaphor comes to mind here; the one that Snow White ate. To their eternal credit, Ngāti Kuri rejected what the Crown was offering and refused to swallow. Poof! Crown plan one up in smoke.

Then last Friday Finlayson hosted what was supposed to be a four-iwi initialing ceremony of four deeds of settlement (full, final and fair ones) with the Crown. But the negotiators for Ngāitakoto changed their minds when it became clear they too were being asked to drop their bottom lines on a key piece of land (Te Make aka Sweetwater) in which Te Paatu also has an interest. To their credit, Ngāitakoto also refused to swallow. Poof! Another Crown plan up in smoke.

On the same day the annual hikoi to commemorate the 1881 invasion of Parihaka by Crown troops (shades of Tūhoe terror raids) happened. And, as the marchers stood outside the barrier between them and the steps of Parliament, they spotted our Te Rarawa and Te Aupōuri whānau standing on the steps with fresh ink on their hands.

At the end of this month Ngāti Kahu has a judicial conference on our Waitangi Tribunal claim for binding recommendations against the Crown coming up. That means any deed initialed last week is somewhat moot; poisoned fruit even.

Why would anyone swallow that?