We are in bondage to the law in order that we may be set free"- Cicero

New Zealand's Electoral Finance Bill (soon to become the Electoral Finance Act) is the latest link in a long chain of government abuses.

This land has never known the scale of bloodshed and power lust common elsewhere. Much of this we owe to New Zealand spending 80 million years in isolation, having split away from Gondwanaland. Ferns, insects and flightless birds are not renowned for their interest in national political economy yet until very recently, in human history, they ran the show. But the people who raised New Zealand from one of the most undeveloped and uncivilised countries in the world did have that political interest- like it or not. We built cities, roads, railways, schools, hospitals, farms, factories, homes. We turned dirt into grass, and grass into sheep. And we built our government, for our own protection.

And not some third world knock-up job either! New Zealand had the very latest thing in constitutional technology, tested and proved and developed by our Classical and British ancestors for hundreds of years previous: The Westminster System of government and its Separation of Powers doctrine which divides political rule into legislative, executive, and judicial branches. This great civilising gift to New Zealand enables vast amounts of time with cars, beer, and sport which would otherwise be spent escaping from or killing each other as is custom elsewhere.

We are in bondage to the law in order that we may be set free. Try to take away our freedom, including our freedom of speech, try to become a political dictator in our country and you will slam into the Separation of Powers barrier. It watches the watchers. It keeps us from arbitrary rule, from chaos and anarchy which leaves our rights unguarded. If we didn't have this mechanism we may as well do a Guy Fawkes and blow up parliament, or a Thomas Jefferson and overthrow the Crown. More than this, we'd be obliged to do so. Is that day coming?

This Electoral Finance Bill is taking us there. It ends the era of free speech in New Zealand. We will have a new era, where private political expression is under practical state control one year in three, and everywhere and always in principle. This law comes into effect at once, from January 1st 2008, as this will be an election year. From that time everyone with a political view to express- from a newspaper to a loudspeaker to a bumper sticker to a mail drop- will be required to register with the state for that purpose. That's our new law, the Electoral Finance Act, and it applies to these words you're reading now. In 2008 nobody will be able to pay money to publish this, not me nor the printer nor the computer host in New Zealand. Clamping down on private political opinion- it doesn't get much worse than this! Then, is it time to storm the Beehive and throw the politicians out? Time to give up on our Westminster system, dissolve it, start again?

Before getting too excited, remember that we have been in this position before without invoking such resorts. Government and its officers have been enacting outrageous policy for years. We challenge those things from within the system, usually by voting for change or by taking them to court and winning. Our law is systematically disposed toward protecting our individual rights and usually we can claim those rights by applying the law rather than breaking it. This year, 2007, for example, outraged by Labour party election spending, Bernard Darnton did not decide to kill the Prime Minister or something similarly rash. In Darnton vs Clark, he took the Prime Minister to court- forcing Labour to back-down and pay back the over-spend. Likewise, in 1976, Prime Minister Muldoon was taken to court by Mr Paul Fitzgerald. Muldoon had used 'pretend powers' to announce new law rather than pass it through parliamentary process. Fitzgerald didn't reach for the TNT either, and in Fitzgerald vs Muldoon the Prime Minister was found to be acting illegally and unconstitutionally. What our robust Government system requires is that men like Darnton and Fitzgerald step up and apply the law. It's not too late to do the same for the Electoral Finance Bill, but who will step up?

Private businessman, John Boscawen has done. So far I have managed to attend all three of his protest marches in Auckland, Wellington, and Christchurch and met many energised Kiwis keen to support him. They will do so again tomorrow. These marches and the money spent on media publicity about the Bill are part of a larger national campaign that has not ended.

The New Zealand Law Society has spoken out. Even though lawyers stand to make lots of money out of this legislation, the Society wants it scrapped or given more time to be knocked into shape. As it stands, the Electoral Commission has said that they can't even interpret the Bill- they whose job it is to run the 2008 election! As things stand our next government will probably be elected (after much expensive bickering) by the courts, not by voters. Only the lawyers win there, but even so they don't desire this new law.

Nor do the media, who would also gain. If rivals in political opinion were to be shut down then the established newspaper, radio, and television groups would gain more audience. Nevertheless, our news media has been scathing of this Bill.

The above remonstrations have been worthy (and patriotic) attempts, but the Labour Government has the numbers in the House and the will to pass the Bill. In doing so they have "declared war" on the rest of us! Stomping out free speech in this way would be good grounds for an uprising in other national jurisdictions, but the New Zealand one isn't licked just yet.

Firstly, not even the entire executive branch of government is on Labour's side to begin with! The Human Rights Commission is calling the Bill "inherently flawed" while the Electoral Commission complains that it cannot be interpreted! The judicial branch is bound to consider that, when the new law starts clogging up the court system. Labour has declared war on free speech, the state itself has not.

Secondly, the legislative branch doesn't have to pass it. No, the opposition doesn’t have the numbers to stop the law. But, like Boscawen and the Law Soc and the media and the HR Commission and Electoral Commission they are making as much racket as they can at this stage of proceedings. Again we see that Labour and its supporting parties- The Greens, New Zealand First, United Future, and Progressives- that are out to get us and not the state itself. This includes the Governor General.

If, and when, this Bill passes it still needs to gain Royal assent. During this period our focus must have vent on Governor General, His Excellency Anand Satyanand. By which I mean, the Law Society, the Commission heads, the media and the legislative opposition. John Boscawen should lead the protest against the Labour government out of the city centers and upon Government House in Auckland- or wherever the Administrator of the Government is to be found.

And then, failing this, should we reach for Guy Fakes' powder? Not yet. Now we rest and plan for January 1st, when this new law would take effect. It's not long to wait.

Now we've lost two out of three branches of government, the legislature and the executive will have failed New Zealand. But the system can still work, for we have yet to try the judicial branch- the courts. If matters get this far, as they can be expected to, those who care about free speech and have rallied around Mr Boscawen so far, should challenge this system. This will be a time for profession political opinion for those who still believe that New Zealand law is on their side. Will a court really interpret this law to mean we cannot buy a megaphone and a battery for it and speak our minds? Will a judge really convict someone unregistered for printing their own flyers expressing concern for whale-hunting in an election year? Those who are willing and capable of challenging the Act intelligently may still save us.

And if they don't? One last thing about the New Zealand political system will still be in working order. At the end of next year there will be an election. The opposition, if elected, has promised to overturn this legislation if it still stands at that time.

If we do, and if they don't, then what?

Ask yourselves.