SOLO-NZ Op-Ed: ... And Justice For All

October 17, 2007

The United States of America, though she does not always live up to them, expresses in her Constitution, Pledge of Allegiance and Declaration of Independence, the most inspiring and honourable notions of liberty and justice. “...and justice for all,” the closing lines of the Pledge of Allegiance, the Equal Protection clause of the 14th Amendment to the U.S. Constitution, and the Massachusets Constitution of 1780 (predating the U.S. Constitution by 7 years):

“Article I. All men are born free and equal, and have certain natural, essential, and unalienable rights; among which may be reckoned the right of enjoying and defending their lives and liberties; that of acquiring, possessing, and protecting property; in fine, that of seeking and obtaining their safety and happiness.”

All draw heavily on Enlightenment philosophy, often directly from John Locke. Regardless of race, colour or creed there was to be no favour nor disadvantage for any man before the law. No privilege nor prejudice; all men are equal before the law.

In New Zealand, our Bill of Rights guarantees similar protection, though in much less romantic and idealistic language (not to mention that our Bill of Rights is unentrenched which is a polite way of saying it isn't worth the paper it's written on). In fact equality before the law is now not only a norm for any society aspiring for freedom, it is a necessity. Without that equality, no rights or liberty can be adequately protected.

So what then to make of the demand from some Ruatoki residents that they should have been given 'warnings' of the raids or a chance to deal with Tame Iti and his cohorts themselves? What then to make of that demand, which implicitly carries the notion of privilege, that somehow they have a right to recourse available to no others? Of course the community is smarting from the raids, because, somewhat ironically, there is something quite terrifying about men in running around in combat gear and carrying firearms. But for them to demand special status before the law is despicable.

The NZ Police should never be deterred from carrying out their duty for fear of upsetting people. At times, non-urgency can grant them discretion in terms of HOW they carry out that duty, with a view to minimising disruption or disturbance, but not IF. The Police, who had been monitoring and investigating these people since 2006, have stated their need for immediate action at that time. At this point they are to be taken for their word on that. The disruptions and disturbances to the lawful citizens of Ruatoki were unfortunate for them, but unavoidable in the pursuit and implementation of impartial law.

We have untold miles to go in New Zealand in terms of being a truly free and just society. But what freedoms we have, what protections we enjoy, must be jealously guarded. Equal and impartial implementation of the law is fundamental to those freedoms and protections and we must never allow 'hurt feelings' to compromise them.

Lance Davey ldavey@xtra.co.nz
06 355 4398
SOLO - SOLOpassion.com