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Post # 4 from Cancun: The Dilemma of America

Posted by Charles Chauvel on December 6th, 2010

The second week of the climate conference is due to get underway here. It’s the time when the political big guns arrive and we should get an idea of whether any progress can be made toward the sort of binding, ambitious global deal that I mentioned in my first post last week.

Expectations were low – no progress on binding national emissions targets, but maybe some formalisation of the status of last year’s Copenhagen Accord, the setting up of a mechanism to finance developing world technological expertise in renewables, new rules on deforestation. Not astounding breakthroughs, but these would be important achievements toward a more comprehensive deal next year at COP17 in South Africa.

There is some pessimism that even these relatively modest goals will be achieved. Much attention is focussed on what stance the US will take. It is rumoured that if it doesn’t see progress toward its desired position – all countries to adopt binding emissions reduction targets, but no extension of the Kyoto Protocol beyond its expiry date next year in the event that no new climate deal is reached – then its negotiatiors may walk away from the UN climate mechanism.

New Zealand is seen here as strongly sympathetic to the US position, as are the other members of the Umbrella Group – including Canada, Australia, Japan and Norway. Many commentators have drawn a link between that support, and the recalibration of many of our foreign policy positions under National, such as neutrality in the Israeli/Palestinian conflict, with the desire to obtain a free trade deal with the US. No coincidence, then, perhaps, as Trevor points out in one of his recent posts, that the next round of talks on the Trans-Pacific Partnership (the framework for any US trade deal) start in Auckland today.

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Post # 3 from Cancun: The Penguin in Peril (of spinning more outrageously than usual)

Posted by Charles Chauvel on December 2nd, 2010

I never read kiwiblog, the site where David Farrar, pollster to the National Party and certain other right-wing organisations, writes spin disguised as commentary. I get more than enough of that when I have to go down to the House and listen to Paul Quinn, Nicky Wagner or any one of about 15 other talentless National backbenchers reading out word for word what is written for them by Farrar’s fellow-travellers in the National Party Research Unit.

But I got an email today from NZ telling me that kiwiblog has criticised 3 aspects of my first post from Cancun. Apparently, Farrar:

1. expresses astonishment that I would attend the Climate Change Conference as part of a trade union delegation, and asks his readers to imagine the outcry if a National MP came to something like this as part of a delegation from big business;

2. decrees that only modest prgress will be made at this climate change conference, and wonders why I have bothered to pay for myself to attend; and

3. mocks my concerns for some of my family members whose house in Tahiti is about 6m from the high tide line on their island, saying I’m scaremongering.

In reply, briefly, because I’m going to spend the time from now on posting from here on things that actually matter:

1. I’m proud to be here with union leaders. Their members in NZ and elsewhere will be profoundly affected by the moves we all need to make to a low-pollution economy. It is essential that transition should be a just one, internationally, and in NZ. When we’re next in Government and we reconfigure National’s unaffordable and unfair ETS, making this happen will be a key design element.

As for National MPs attending COP16 as part of a delegation from big business – well, given the total surrender to big business interests by National – why would they bother? Reading the posts from Cancun from Business NZ, you’d think that they’d been written in Nick Smith’s office. But then, if you knew that Smith’s climate change advisor went straight into that role from Business NZ, you’d hardly be surprised by the commonality in thinking and language.

2. That thinking is this – that NZ in and of itself can do little to affect global temperature changes, so we should try to hide behind the inaction of others, like the US, and take as few steps as possible to deal with climate change. Never mind the damage we do to our international reputation, or to strategic and trade relations with the Pacific, the EU, China, India and others. It’s the thinking that will lead the Nats next year to exempt farmers from the ETS. It’s the thinking that may lead to these talks collapsing completely because the US – the biggest industrial emitter, backed by NZ – says that it won’t accept an obligation to reduce pollution unless even the poorest and least developed country on the planet does so as well. And when the least developed object to that logic, Tim Groser labels them “extremists” and suggests that if the talks collapse or fail to make any decent progress, it will be their fault.

There’s nothing inevitable about making progress here, and only by keeping the pressure on, and exposing this thinking for what it is, can we hope to keep prospects for any international agreement at all on climate change alive. I paid for myself to get here, with thousands of other NGO representatives and private citizens, to help keep that pressure on, and to expose that thinking for the nonsense it is. That’s the only way forward to one day get the ambitious, binding, global agreement which we need, and to which I refer in my initial post.

3. I don’t usually refer in public to my family, out of respect for their right to privacy. But being an NZ MP of Pasifika ancestry, I can’t help but feel a highly personal connection with the climate change problem, which is one of the reasons I took on the spokespersonship. As I said in my first post, my aunts in Tahiti live 6m from the high tide line on their island. But that 6m is a sloping line over a gradient of no more half a metre (it’s only in Niue where you can safely measure distances from the sea vertically). In other words, they’re 500cm above above sea level. Like hundreds of thousands of other dwellings in the Pacific, it will be catastrophically affected by the sort of sea level changes predicted in the latest IPCC research (which the scientists now say is excessively conservative). It’s of frankly little comfort to anyone that those changes might occur over a timeframe that leaves the current occupants ok, but the next generation, or the one after that, homeless.

Still, why would I expect anyone from the National Party, with a misunderstanding of our Pacific neighbourhood so complete that it is switching our foreign aid policy away from poverty reduction, to grasp a point like this? I guess it needs more experience of the Pacific than you’d get by spending your summer holidays in a condo n Hawaii.


Post #2 from Cancun: NZ in the wrong company

Posted by Charles Chauvel on December 1st, 2010

It’s day 2 at the Climate Conference in Cancun. Groser is due to show up tomorrow on day 3, in the wake of a blaze of triumphal press releases issued by him in NZ about the ‘key role’ he is due to play here. That has been parrotted in much of the domestic media so far, but is a bit of a joke here given the way things could well turn out.

Groser, when he gets here, will assume the chair of the working group on mitigation, monitoring, reporting and verfication. Adrian Macey, NZ’s former climate change ambassador, is co-chair of the working group on land use change, forestry rules and emissions markets, an appointment approved last year only after a bit of a stoush with developing countries who have come to see NZ under National (with some justification, sadly – see below) as overly committed to the US position at these talks.

If more progress had been made at Copenhagen last year, these would be important roles. As it is, pessimism is the dominant mood, as rumours circulate that the US may abandon the talks if developing countries are not “more reasonable” in their “attitude and demands”. This is code for the US and its “umbrella group” partners (the non-EU developed nations Canada, Japan, Norway, Australia and – yes – NZ) resisting demands that the US join up to an extended Kyoto Protocol process in the event that there isn’t time to agree a Kyoto replacement before its expiry next year, and characterising as “extremism” demands that the US should do so.

A US walk out would set things back horribly, and lead to the formation of climate ‘blocs’ of nations, as has happened in the trade area. Apart from the umbrella group, most nations or groups of nations here have increasingly lost patience with the US – the largest historical emitter on the planet by a wide margin – because it is seen as having consistently dragged the chain on meaningful climate action. Last year, the US delegation came to COP15 and said that it wished it could present more ambitious pollution reduction targets, but because it hadn’t been able to pass domestic cap and trade legislation, it needed more time. Now, there is no prospect of such legislation passing, it seems that the negotiating tactic is to leak the suggestion that its delegation could simply walk away if things don’t go according to its liking. Wow. Anyone would still think they ran the world.

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Post #1 from Cancun

Posted by Charles Chauvel on November 30th, 2010

I’m in Cancun, Mexico, at the 16th UN Climate Change Conference. Like last year at the 15th Conference in Copenhagen, I am representing Labour as its climate spokesperson; I paid my own way to get here; I am part of the delegation from the International Trade Union Confederation (thanks to Helen Kelly and Sharan Burrow). I’ve done it this way so as to retain an independent voice from the NZ Government delegation to the Conference. I’m here to support efforts to get an ambitious, binding, global deal to limit the problems that we are all likely to face as a result of human-induced climate change, and to support a just transition to the different world we are all to shortly going to find ourselves living in.

Unlike last year, climate change isn’t the big topic on everyone’s mind. John Key hasn’t had to bow to public pressure and agree to come to the conference. Expectations are low for progress to be made this year, especially given Democrat losses at the mid-term elections, and the developing world’s (understandable) reluctance to move to reduce carbon emissions while the US looks unlikely to do so.

So why am I here? Well, just because the media isn’t talking about it so much doesn’t mean that the issue isn’t just as serious as it was last year. My aunts’ home in Tahiti, 6m from the high tide line, is no less likely to be washed away by rising sea levels than it was last year. Millions of people in their position in developing countries are no more able to afford to mitigate or adapt to the effects of human-induced climate change than they were in December last year. The figleaf of a much watered-down ETS aside, National is still failing to put in place any meaningful policies at home to reduce our greenhouse gas emissions, and also still failing to provide any moral leadership internationally on the climate issue.

In fact, if anything, the situation has worsened since Copenhagen. According to Oxfam, twice the number of people died from extreme climate events in the first 9 months of 2010 as died from them in the whole of 2009. Global GHG emissions continue to rise. Temperature increases over the medium term seem likely to be in the 4 degree range, rather than the 2 degrees that was regarded only last year at Copenhagen as the minimum acceptable level. Don’t even get me started on how much more is now understood about the the likely disastrous effects of increased ocean acidification.

We can all do so much better. We need to get human-induced climate change back on the media’s agenda and back on the minds of the public. And we need to promote and be part of ambitious, binding, and just global solutions to the problem.

I’ll be posting from Cancun every couple of days on progress (positive and negative) made here.


Wag the Poodle

Posted by Charles Chauvel on October 22nd, 2010

Over the last week, TV1 reporter Heather DuPlessis-Allen has been telephoning and doorstopping Labour MPs around Parliament. She’s been asking us about the court action taken by the state house tenants in Farmer Crescent in the Hutt who received 90 day eviction notices some time ago on the ground that Housing NZ believed their partners to be gang members. On the 6pm news last night, DuPlessis-Allen ran her story – “Labour MPs support gang associates” – accompanied by what sounded like a well-rehearsed shriek of outrage from Housing Minister Phil Heatley, to conclude the piece.

The story failed to mention quite a bit of relevant background which was supplied to DuPlessis-Allen:
- When the women from Farmer Cres got their eviction notices and realised that they and their kids were 3 months away from being homeless, they approached their local MPs’ (Chris Hipkins and Parekura Horomia) electorate offices, seeking advice and support;
- Like the conscientious electorate MPs that they are, Hipkins and Horomia responded. They didn’t pause to wonder whether by helping out members of an unpopular group who probably don’t even vote on a regular basis they were doing something electorally disadvantageous. They went ahead and did their job, organising a meeting of the women from Farmer Cres to canvass their options with them;
- Opposition MPs have no officials at our disposal. Often, when colleagues want a view on the legal issues presented by a particular proposal or policy, they ask me for my view. I’m always happy to give it if it helps them to do their basic jobs of providing representation, advice and support to constituents or in the discharge of their spokesperson roles. Other colleagues with other interests and skills do the same thing – Nanaia Mahuta was one of the other MPs asked to attend the meeting, and also featured in DuPlessis-Allen’s story yesterday;
- I attended the meeting on that basis. After the women explained the situation, I said that I thought there was an important legal question about whether the Government could evict its tenants on the basis of guilt by association – the belief that some of their family members were part of a disapproved-of organisation. I suggested that they should instruct a lawyer and consider their options. The women said that they already had a lawyer who was working on the case, and who had already advised them in similar terms;
-Since then, I haven’t been involved in the issue, but I have noticed that litigation has been ongoing over the validity of the eviction notices, the latest stage of which has been a hearing in the Court of Appeal. According to news reports during the week, Housing NZ has spent $140,000 in defending the eviction notices, but has apparently agreed not to enforce them unless and until the litigation is resolved in its favour.

Ordinarily, I wouldn’t have bothered mentioning any of this. The story didn’t even make it onto the late bulletin. But now I see that Heatley is scheduled to appear on Q+A on Sunday morning. Perhaps it’s just coincidental that DuPlessis-Allen ran the story she did this week, in the way that she chose to frame it, with the ready-made quote from Heatley concluding that framing. And on the face of it, Heatley would hardly be anyone’s first choice for attack dog. But given that he has achieved so little in his housing portfolio over the past 2 years, why else would he be filling a slot on a significant news show unless it’s to try to dish some dirt on Labour as we come off a successful annual conference and through a parliamentary session where it’s becoming increasingly obvious that the Government has no coherent plan? Suggesting that Labour is soft on gangs is a tired old chestnut. It isn’t objectively right (have a look at anything that Phil Goff or Clayton Cosgrove have said as the two latest spokespeople on the topic). But as we’ve seen time and time again, none of that matters if the spin is well-coordinated…

I hope I’m wrong. If I’m not, I’m proud to have helped colleagues do their jobs, particularly on behalf of an unpopular and vulnerable group of people. I hope the story won’t discourage less courageous MPs than Hipkins and Horomia to do theirs in future. And I hope the interviewer thinks to ask Heatley how it is on his watch that Housing NZ could have begun to implement a policy that is clearly so legally defective that it’s had to spend $140,000 and counting on its defence – funds that could have gone into badly-needed maintenance of the state-housing stock.

Hope springs eternal…


Mary Holm’s advice – Dunne’s plan a bad deal for kiwis

Posted by Charles Chauvel on September 1st, 2010

I enjoy Mary Holm’s articles. Generally speaking, her advice is straightforward and focused on the long term (who else could conceive of a more appropriate book title than “Get Rich Slow”?)

Mary’s reputation for prudence and rational advice is well deserved.

I’ve just read her thoughts on Peter Dunne’s attempt to misdirect half a billion dollars of scarce taxpayer dollars in the name of ‘income splitting’. Mary’s article reinforced my view that while income sharing might sound fair at first blush, it’s a bad prioritisation of spending that will do nothing to help low, fixed and middle income kiwi families.

Filed under: Tax

Minister Boscawen, meet Mr. Boscawen

Posted by Charles Chauvel on August 19th, 2010

Today in the House, I questioned the new Minister of Consumer Affairs on his past record.

A quirk of Parliamentary procedure is that during Question Time, a Minister is not response for comments that they have made as an MP.

In the case of Mr Boscawen, his comments as a ACT MP run countercurrent to the position of his new colleagues in cabinet.

I guess that Minister Boscawen and Mr Boscawen should meet some time and figure out who is ‘right’ on the costs of climate change.

Today in the House, I questioned the new Minister of Consumer Affairs on his past record.

Got no ideas Gerry? Well here’s one.

Posted by Charles Chauvel on July 28th, 2010

Last week’s release of the Government’s Energy and Energy Efficiency and Conservation Strategy contained a lot about fossils, and very little else. Reading their document, you get the sense that they have no new ideas on how to reduce New Zealand’s greenhouse gas emissions, or to move to a lower-pollution economy.

I think Gerry needs a bit of help, so here is an idea.

Labor in Australia is mooting a cleaner car rebate, offering a $2000 boost to new car buyers trading in pre-1995 cars.  The scheme is aimed to get 200,000 older vehicles off the road, cut transport sector emissions by nearly 3 million tonnes, and allow for tough new mandatory vehicle emissions regulations to enter into force in 2015.  Their rebate would take effect from 1 January 2011.

It is the kind of measure envisaged by the New Zealand Transport Strategy in the last Labour-led Government back in 2008.  One of the goals of the Transport Strategy then was to get New Zealand’s transport sector emissions down by 50% by 2040

A ‘cash for clunkers’ scheme is just one of the complementary measures, which could have been funded via Labour’s ETS. Before it was amended by National last year to subsidise emitters at the expense of households, the ETS would have made revenues available from the sale of emissions permits to pay for exactly this sort of measure.

New Zealand’s car fleet has an average age of 12 years.  A ‘cash for clunkers’ scheme would help kiwi households struggling with higher living costs to modernise their cars.  It would help them more easily choose safer, modern, lower-emission, cheaper to run vehicles that would be better for the environment.

Instead of rolling back proposals to lower pollution, like the biofuels obligation; hiding behind the recession to produce a temporary drop in emissions; or pretending that its watered-down ETS will make a difference, the Government should look seriously at schemes like the cleaner car rebate as a practical way to reduce emissions and give families a helping hand.


Nick Smith estranged from the truth and from kiwis on ETS

Posted by Charles Chauvel on July 1st, 2010

Today, the ETS comes into effect for the transport and energy sectors. Labour supports pricing greenhouse gas emissions, but not giving polluters a first class free ride on the taxpayer, which is what National is doing.

Nick Smith claims their ETS will reduce emissions. No expert actually agrees.  But more galling is his answer to the criticisms of kiwi families already struggling to get by that “it would have been worse under Labour”.

Nick Smith is being a stranger to the truth again. Here’s why:

  1. As John Key admitted on the front page of the Herald yesterday the Nats (with the Maori Party and Peter Dunne) amended the ETS last year to shift “a disproportionate amount” of cost from businesses to households.  Under our scheme, businesses would have paid a much fairer share of the costs we all face for their emissions.  Under theirs, as the Sustainability Council pointed out last week, ordinary kiwi households bear those costs. 
  2. As Nick Smith keeps saying, they have halved the upfront cost of the ETS to businesses for the first two years of their scheme by capping the price of carbon and doubling the value of the carbon credits given to businesseses.  This may help to keep some prices under control (although not if you’re a Contact or Mercury customer).  But there is still a cost to doing this – it’s just that instead of being borne by businesses and their customers, every taxpayer pays for it instead.
  3. We would not have imposed additional ETS costs on the public in the same year as Treasury is predicting 6% inflation from a GST increase, an ECE grant cut, an ACC levy increase etc, and in the same year as nil wage growth.  Nor would we have brought two sectors – transport and energy – into the ETS at the same time, as the Nats are doing, because this would expose households to the double-whammy of increased power and petrol price rises at the same time.?
  4. Our ETS would have funded energy efficiency measures, and a decent transition to the ETS.  Theirs doesn’t do either.  See David Parker’s press release dated 27 August 2008  announcing the billion dollar home insulation package and a one-off electricity rebate in 2010 to assist with power bills, and a targeted one-off cash payment for those receiving benefits, superannuation and Working for Families tax credits, broadly equivalent to the total amount of the increased electricity costs faced by the household sector in the first year of electricity’s introduction into our ETS. 

A consensus on how to meet the costs of climate change would have been a good thing.   Labour tried to achieve this last year, with no success.  We will repeal National’s ETS and replace it with a scheme that actually reduces pollution, by making polluters pay.


Common Sense from the High Court on Adoption – Now it’s Parliament’s Turn

Posted by Charles Chauvel on June 29th, 2010

Last week, a full court of the High Court (this means 2 judges – commonly the way that test cases are heard and decided) significantly widened the pool of adults who can legally volunteer to adopt children in New Zealand.

The last time Parliament considered the issue was back in 1955 when it passed the current Adoption Act. Not surprisingly, given the values of the time, Parliament restricted eligibility to adopt to married couples by the use of the word “spouse” in the Act. When the civil unions and relationship property acts were passed, the definitions in the Adoption Act were left unchanged.

The test case came before Justices John Wild and Simon France, both highly regarded members of the Court. What they had to decide was whether the term ’spouse’ as used in the Adoption Act 1955 should be interpreted today as including unmarried people living together. It was argued that it should, largely because the New Zealand Bill of Rights Act, as enacted in 1990, contains a prohibition of discrimination on the ground of martial status. The Bill requires an outcome consistent with its provisions wherever possible.

The Court found that, to give effect to the ban on marital status discrimination, it had to interpret the word “spouse” as including people in de-facto relationships. The parties to the case had agreed that the interpretation they were seeking extended only to test whether heterosexual relationships were included in the ruling, and the Court records this limitation in its reasons for judgment.

However, logically, the ruling extends eligibility to be considered for adoption to anyone in a marriage, civil union or (straight or gay) de-facto relationship. This is so for two reasons – the definition of “marital status” and the fact that “sexual orientation” is also a ground of prohibited discrimination in the New Zealand Bill of Rights Act.

The number of adoptions that actually occur each year in New Zealand is small -guardianship and other legal forms allowing for the care of children without legally extinguishing the birth relationship are more usual these days. But the decision is important. Children who are in need of adoptive parents should have the right to have those parents selected from the widest pool of appropriately-qualified people possible. Unless amended, the current Act, as now interpreted by the High Court, restricts them to people in a relationship. At some point soon Parliament should widen the pool further. Who can seriously argue today that single, or divorced, or widowed people can’t make great parents? And as you would imagine, there are other anomalies in legislation that is now 65 years old that need fixing up.

Right now, though, it’s good to read a sensible decision from our Hight Court that shows the Bill of Rights to be a valuable tool in keeping the law up to date.


Stand up for human rights in Malawi

Posted by Charles Chauvel on May 26th, 2010

Here is a link to a story that reproduces comments from Labour’s Rainbow MPs on the appalling human rights breach in Malawi – 2 men sentenced to 14 years’ in prison for sodomy.

If you want to do something about this, email Foreign Minister Murray McCully and ask him to register a protest with the Malawi Government. It is said that he is reluctant to follow Australia’s example – apparently their Minister of Foreign Affairs has already written to the President of Malawi about this.


Identity and Honesty

Posted by Charles Chauvel on April 25th, 2010

I’ve just come back from representing Labour at the Wellington Cathedral ANZAC Day Service, and then at the NZ War Memorial in Buckle St.

Each service was appropriately solemn – the more so as the tragic knowledge of the helicopter accident this morning became known by those present. Neither glorified war. At both, a uniquely New Zealand atmosphere prevailed. Biculturalism felt unforced; there were nice and sometimes accidental touches of informality. There was a sense of unbrassy confidence and dignity – a sense of a country and a community that had come to terms with itself.

It’s a case, I’m afraid, of the people leading, and the politicians being left way behind. I couldn’t help but contrast the feeling of right-ness of each ceremony today with the bad taste that the immaturity of the debate last week about our identity as a nation left in my mouth.

First, we had the National/Maori Party colluding over the covert accession to the Declaration on the Rights of Indigenous Peoples. Then we had a heap of uninformed rhetoric about what our accession would mean. To top it all off, National, ACT and the Maori Party bloc-voted to stop a bill to allow people to vote on whether NZ should eventually become a republic going to a select committee for public submissions. During that debate, a whole lot of dishonest rhetoric was repeated by Government members.

It’s well-known in Labour circles that I thought we should have acceded to the Declaration when we were in Government. Around the time that the new ALP Government was deciding that Australia should do so, I spent time with Rob McLelland, Australia’s Attorney-General, and Stephen Smith, its Minister of Foreign Affairs, discussing the mechanics of their intended accession, and the statement of reservations that would be made at the time on Australia’s behalf. It seemed to me that we could do something similar in New Zealand, so that accession could take place, in an honest and forthright way, preserving the paths already taken here in an attempt to redress past historical wrongs. The Labour cabinet here received strong official advice to the contrary, and in the end that advice prevailed.

I regret that. But I can say that open and respectful debates have occurred within the Labour caucus on the subject. Those debates have centered on the merits of the Declaration, the extent to which it can represent customary international law without the accession of two major common law jurisdictions that have enforced indigenous rights – the US and Canada- and whether an effectively partial accession would be an act of good faith on New Zealand’s part. These are the real questions around the Declaration. They deserve proper debate.

Ditto the issues around moving toward becoming a republic. We had an excellent caucus debate about the Bill. Better yet, colleagues decided to support the legislation. They could see the value of people getting to debate the issue through the select committee process. How disappointing, then, to get down to the House on Wednesday night to watch ACT not even bother to take a call, the Maori Party trot out all sorts of inaccurate rhetoric about how the bill was inconsistent with the Treaty, and the Nats talk about how the debate would be “divisive”, so we shouldn’t have it.

New Zealanders are more comfortable than their elected representatives on questions about their identity. It’s time for politicians to catch up.


2010 – 50 years of Princes Street

Posted by Charles Chauvel on March 30th, 2010

I’m looking forward to attending a very special celebration of  an important part of Labour Party history.

In August this year, the Princes Street branch of the Party will celebrate its 50th anniversary.   Many current and former Labour MPs including Helen Clark and Phil Goff were members of the branch.  I was its chair in 1987/8.  The branch is looking to hold a formal celebration in Auckland and wants to hear from former members to join their Alumni contact list.

If you have been a member of Princes St branch, please email 50years@princes-st.org.nz and register your name on the mailing list.


In the House this morning – a small protest against the abuse of urgency

Posted by Charles Chauvel on February 25th, 2010

We have been in urgency this week.  When the week is over, we’ll update our urgency counter.  But between 8 December 2008 (the first day the House sat after the 2008 election) and 31 December 2009, the House had sat for 644 hours and 1 minute.  254.53 of those hours had been in urgency.  That’s 39.52% of all legislative time.  It’s an abuse of the urgency procedure.

We made a small protest agains that abuse this morning during debate on the Judicial Matters Bill.  Chris Finlayson wanted to add 3 important constitutional changes by Supplementary Order Paper to that Bill.  In consequence, they would not go to a select committee.  There were several changes, but the main ones were were to increase the maximum number of District Court Judges by 16, increase the number of Court of Appeal Judges by 1, and make statutory provision for High Court Judges sitting in the Court of Appeal to receive a higher duties allowance.

David Parker, our spokesperson on these matters, was consulted by Chris Finlayson last year, and agreed that the main changes could be done by SOP.  But he never agreed to consider these issues under urgency.  As Trevor Mallard said, they are important changes, but not urgent ones.

So we decided to deny  the leave necessary to allow them to go forward today.  They’ll have to be considered another time.


If Gerry won’t, Labour will

Posted by Charles Chauvel on February 16th, 2010

Today I was the opening speaker at an electricity industry Conference held in Auckland. 

Gerry Brownlee did this last year, and was invited again, but declined to attend this year. 

His office apparently told the organisers that “he had nothing to say”.

You can read a copy of the speech at my website.


COP15 – Groser out of his element on climate change

Posted by Charles Chauvel on December 19th, 2009

Having spent a week in Copenhagen observing the conduct of climate change negotiations, I have to say I have serious concerns about how on top of international thinking on climate change this Government in general – and Tim Groser in particular – really is.

Groser was a well-regarded public servant for many years. Having entered politics on the National Party list in 2005, he now holds four portfolios in the present Government – Trade, International Climate Change Negotiations, Associate Foreign Affairs and Conservation.

In the first three, it’s become traditional for the opposition to be careful about criticism of the conduct of the portfolio-holder because there’s developed a general policy consensus about national priorities in those areas. As well, apart from a few self-confessedly pro-business commentators like Fran O’Sullivan, not many journalists in the mainstream media take much notice of what happens in them, except in quite high level terms. And in the trade portfolio, Groser is usually said to have done a good job of bringing to final fruition a lot of the hard work done by Phil Goff after 1999 to open export markets to New Zealand.

(In Conservation, Groser has been missing in action – perhaps largely because he’s been overseas so much – but also because the big beasts of the current administration – Brownlee, Joyce et al – are determined to pursue their pro-mining agenda, including in the national parks that it’s Groser’s job to protect. He has clearly worked out that it is better to get out of the way than get flattened in that particular area of his responsibility. He’d be better to get out of it altogether before he ends up sharing the blame for the looming disaster there.)

Thinking about the Government’s climate change policies, I’m not so concerned about the bungled, and then cancelled, briefings here in Copenhagen; or the withheld cabinet papers on our negotiating position; or the increasing frustration evident on the part of anyone who tries to engage with Ministers over the substance of our position; or even the fact that the rhetoric in John Key’s leader’s speech today bears no resemblance to the reality of our negotiating position. There are at least five longer-range pieces of the jigsaw.

First, there was the gutting of the Emissions Trading Scheme (ETS). Ministers clearly believed that the Australian Carbon Pollution Reduction Scheme (CPRS) was a legislative shoe-in, since they modelled many of the changes they made to Labour’s scheme on it. Even the week before the CPRS collapsed, Nick Smith had David Bennett asking patsy questions in Parliament attacking my warnings about the fragility of the numbers on the floor of the Australian Senate. This was a major misreading of the politics of our nearest neighbour, where we have our largest diplomatic presence. How did that happen?

Then there is the fact that the amended ETS is clearly predicated on no international agreement on climate change being reached for many years to come. There is no other way to explain the content of the amendments, given that they will actually increase NZ’s emissions, at a big cost to the taxpayer in subsidies to major polluters. This is another completely off-base assumption – while it is impossible to predict the exact outcome of the Copenhagen talks, the smart money has always been on significant progress being made here toward a deal in the next few years. All of the EU’s international diplomacy (and much of its domestic action) in this area is predicated on that assumption. So is the Obama administration’s courting of India and China, and its pursuit of cap and trade legislation at home. Again, to have made a legislative assumption that will all come to naught is little short breathtaking.

Thirdly, along with Nick Smith, Murray McCully and John Key, Groser massively misunderstood the mood of Commonwealth leaders at the recent Heads of Government meeting (CHOGM) in Trinidad and Tobago. Before departing, they were said to be determined that climate change would not ‘dominate’ proceedings, and even on the first day of the meeting, were publicly resisting the idea of NZ contributing to financing initiatives for transition in developing countries. I now have it on good authority that on the first evening of CHOGM, Gordon Brown and Kevin Rudd sat down with the other developed country leader who was out of step with the rest of the Commonwealth on climate change – Canada’s Stephen Harper – and put him right. Harper was then sent to deliver the message to Key. Again – how could we have so misread the mood of two of our closest friends and allies – the UK and Australia?

Then, over the past week, the national embarrassment of how we have treated Tuvalu. That small island neighbour of ours has been bullied – there’s no other word for it – by both Australia and New Zealand for daring to speak out on the urgency of climate change, and the urgency from its point of view of implementing precautionary measures. Groser did it in public statements; Bill English did it back home in Parliament. Yet Tuvalu was just saying what it – and other members of the Alliance of Small Island States (AOSIS) – have been on record about for over a year now. The virulence of the response – and Groser’s dogged backing of developed nations’ positioning – makes it look like our Government just realised that the small island nations were worried about climate change. Or maybe they were just surprised that they decided to ignore bullying and speak up. Either way, Tuvalu came out of left field for them. The response has justly caused lasting resentment in the Pacific – the place in the world where, strategically, it is most important that NZ be well-regarded. Smooth words in John Key’s leader’s speech here today won’t paper over those cracks.

Finally, there’s been the hamfisted attempt by Groser and others to manipulate the NZ media from afar – compensating for the lack of any positive progress on the issues that matter. First, the announcement of Key’s appearance in the BBC debate (oops – that didn’t end well). Then Thursday’s bizarre trumpeting of the global agriculture alliance (GAF). Never mind that compared to the Fast Forward Fund, which National scrapped, we’re looking at much less money for research on agricultural emissions, and that we’ve given up control of the ownership of that research, probably to US-based corporations. Package it up as good news, co-opt a member of Obama’s cabinet to sit on the podium with you, and time the announcement so it becomes the lead item on morning report. Voila – you have the appearance of progress. I hope it won’t fool anybody.

Evidently, Groser has a talent for transactional negotiating when it comes to opening up markets. But climate change is much more multi-dimensional. Andrew Robb (Turnbull’s original choice for a climate change spokesperson) – whom I know from the time we spent together at Minter Ellison is a very bright guy – evidently couldn’t get his head around it. If Key didn’t take fright at the quality of ministerial advice he was getting in this field after CHOGM, he should have by now. Let’s hope the PM uses his time here to listen to what world leaders have to say, instead of trusting the assurances from Tim Groser and his colleague that they have it all in hand. They plainly don’t.


COP15 – Dramas and Smokescreens in Copenhagen

Posted by Charles Chauvel on December 17th, 2009

Helen Clark and Oliver Bruce

Late yesterday, I was having dinner with our former PM, Helen Clark, here as Administrator of the United Nations Development Programme (UNDP).  The UNDP is taking a close interest in a number of issues, principally the financing of developing economies as they move away from fossil fuels.  It was great to catch up with Helen.  Before dinner, I introduced her to Oliver Bruce, a kiwi studying in the US who is here with one of the youth delegations.  Oliver and Mahara Inglis, a member of the NZ Youth delegation, posted a great blog last week .

After the dinner break yesterday, a new draft treaty text emerged.
Almost as soon as it was released, reservations began to be added by the major players.  The US and Japan objected to any legally binding reduction targets for developed countries, and insisted that there be no reference to the Kyoto Protocol.  The EU expressed its disappointment at this approach, and said that reductions targets should be legally binding for developed, as well as emerging, countries.  China and India objected to the suggestion that all countries, not just developing ones, should have binding reduction targets.  Technology transfer, financing the developing world’s transition and the merits of market mechanisms like carbon trading also attracted reservations.

The Conference session was delayed, then suspended, only to resume late in the night with countries starting to express their concerns in detail and start redrafting.  The Chair – the Danish Enviroment Minister Connie Hedegaard – resigned her position – as the session was brought to an end for lack of time.  Today, countries have been expressing reservations and positions in greater detail as the Danes grappled with demonstrations from NGO representatives and others locked out of the conference venue because of capacity concerns, eventually providing them with a new meeting venue in the central city.  Danish PM Rassmussen has taken over chairing the sessions.

Meanwhile, Tim Groser was doing his best to try to make sure that some positive spin from the NZ delegation started Thursday’s NZ news cycle.
At a press conference scheduled for 3am Thursday NZ time, he sat at the press table with a slightly bewildered looking Tom Vilsack, the US Agriculture Secretary, to announce the first contributions to National’s “Global Agriculture Fund”.  This is designed to get international scientific cooperation going on the reduction of emissions from agriculture (and, everyone suspects – although it’s not often said out loud – build support for excluding food-related production from international agreements altogether).  Details are scant, but it looks like a bit of money from the Canadians, NZ$125M from the US, and NZ$45M from NZ.  In other words, about 25% of what the previous Government committed to the Fast Forward Fund – a PPP that would have had funding research into emissions reductions as one of its key roles.  National scrapped the Fast Forward Fund.  That’s a pity.  Not only would it have done a lot more to kick-start emissions reduction in agriculture, New Zealand would have owned all the intellectual property resulting from it.  We could have exploited that IP commercially, or given some of it away in aid to food producing developing countries.  Now that it will be funded multilaterally, it would be my guess that won’t be possible.  In other words, a lousy deal for NZ Inc.

Reports are now coming through that President Obama, on the eve of his departure for Copenhagen, has announced a US commitment to a 17% reduction in emissions by 2020 over 2005 levels.  This amounts to a 4% reduction over 1990 levels.  It’s not nearly enough.  But it’s the first time we’ve heard a commitment from the US to a target.  Now things start to get really interesting…


COP15 – What will come of Copenhagen?

Posted by Charles Chauvel on December 16th, 2009

Day 4 for me today.  Yesterday, the developing nations staged a walkout from the negotiations.  This was largely to dramatise their concern about the developed world’s unwillingness to taken on meaningful pollution reduction targets.  After negotiations were suspended, there was a lot of discussion over what would happen here over the four days of the Conference that remain. To simplify massively, there are four big sticking points in the way of reaching a comprehensive agreement -  the targets each country adopts; the level of compensation to be paid to developing countries; the best way to measure and police each nation’s emissions; and how the Copenhagen agreement takes over from the Kyoto Protocol.

Based on what veterans of the process have been saying, the consensus is that there are four alternative scenarios for how the week will end up:

1. A comprehensive agreement with detailed rules. Unfortunately, given the complexity of the issues that remain to be agreed, and the fact that the US is not a party to the Kyoto Protocol, but is the key player in terms of making commitments for its replacement, this seems virtually impossible.  The US has only really been engaging since President Obama’s coming into office in January, and although considerable progress has been made, including developing countries voluntarily agreeing to some fairly impressive emissions reduction targets, an enormous amount of detail still has to be resolved.

2. A political framework with minimal detail. This seems to be the best outcome that can be hoped for.  Under it, countries will agree to a set of principles and goals that lack final numbers, with those numbers being negotiated in the two years between now and the expiry of the Kyoto Protocol.  This is in fact how Kyoto itself came about – in 1995, countries agreed the “Berlin Mandate” which two years later became the detailed set of rules we now know as the Protocol.

3. A ‘greenwash’ agreement. Under this scenario, countries paper over their many disagreements but fail to make and real progress, or agree further steps.  A high level statement of concern, but no agreed timetable for concrete actions, would be the outcome.  In many ways, the worst possible outcome because it would take huge effort to get things back on track.

4. A dramatic failure. Developing nations,especially small island states at risk of devastation from climate change,  frustrated at a lack of commitment from wealthy countries, walk out of the negotiations permanently because they won’t agree to a greenwash.  Some new framwork would need to be found going forward, potentially via individual UN bodies like the Food and Agriculture Organisation on land use change and forestry, and International Martime Organisation and IATA on bunker fuels.

The NZ officials from MFAT, MFE and MAF are really well thought of here – as opposed to the political leaders from NZ.  The officials are seen as having worked hard for many years on the technical issues at stake, and have a reputation for diligence, honesty and integrity.  Thank goodness for them, even if they make our current Government look better than it deserves.  It would not surprise me if the officials end up playing an important role in brokering any forward deal.  Hopefully there will be one!


COP15 – I run into another Kiwi in Copenhagen

Posted by Charles Chauvel on December 15th, 2009

Chauvel_Packard_Copenhagen

Here is a photo of me with Aaron Packard, one of the driving forces behind 350 Aotearoa, in the Radhudspladsen in Central Copenhagen, on Sunday afternoon.  Aaron has done a terrific job working with other young people, first in New Zealand and more lately internationally, to raise awareness about climate change.  350.org works in a non-partisan way, and invites representatives from all political parties to participate in its events.  One of its most recent rallies was a candlelight vigil held in Wellington on Saturday night.

I ran into Aaron as he and a colleague were putting up posters around the Radhudsplatsen – which has been set up as a people’s centre on climate change – to advertise a talk being given tomorrow by President Nasheed of Mauritius and Bill McKibben, founder of 350.org.  I met Bill today, and I’m looking forward to hearing the talk tomorrow. Mauritius is in the same position as many of our Pacific neighbours – it has contributed little or nothing to the problem of climate change, but being comprised of low-lying atolls, it will be amongst the first and most drastically to be affected by the problem.

Tomorrow also sees the arrival of ministerial delegations in Copenhagen.  Business groups are miffed that they have been omitted from New Zealand’s (large) delegation, which – apart from Nick Smith and Tim Groser, and representatives of the iwi leaders’ group who were added as part of the National/Maori Party deal to amend the ETS – is
entirely composed of officials.  Like NGO groups and media, business representatives are having to rely on briefings, conducted to date by Nick Smith’s politically-appointed climate change advisor, a former Business New Zealand staffer.  A broader-based delegation, including key business and NGO figures, with direct access to official advice
and support, would be more likely to work in New Zealand’s interests.

Meanwhile, the Government maintains its increasingly untenable positions on:

  • pollution reduction targets (”Unless we get every concession out of the Copenhagen Conference that we want, we won’t be announcing tougher targets, even if other countries do”)
  • its lack of a plan to get domestic pollution down (”We want to change the way in which emissions are counted, rather than actually reduce emissions.  Failing that, we’ll just buy emissions credits offshore rather than achieve reductions at home”)
  • support for the small island states (”We follow the USA and Australia in all things because Tim Groser sees climate change talks as an extension of our trade negotiation strategy rather than an environmental issue”)

And we all thought their “moderated” ETS was bad enough.  It was just a warm-up (no pun intended).


COP15 – What can New Zealand do?

Posted by Charles Chauvel on December 14th, 2009

This is the second of my climate change blogposts on my journey to the UN Climate Change Conference in Copenhagen (COP15).

I’ve been thinking about five things New Zealand could do to make a more responsible contribution to international climate change policy than we do at the moment with John Key, Gerry Brownlee, Nick Smith, Murray McCully and Tim Groser calling the shots.  We need:

1. Real greenhouse gas reduction targets.  Earlier this year, Nick Smith and Tim Groser announced targets of between 10% and 20% reductions over 1990 emissions levels.  These targets were conditional on a deal being reached at Copenhagen, and on New Zealand getting concessions in a number of areas deemed important to our national interest, like land use change rules.  So if neither of those things happen, we’ll have no target.  Worse, John Key has admitted that we’ll achieve any reductions on a ‘net’ basis, by buying emissions credits from other countries rather than getting our own emissions down.
National wants New Zealand to have a free ride, and not have to actually do anything about reducing our emissions.  The rest of the world sees through this and is starting to regard us as a freeloader.
This is shortsighted.  We are not living up to the clean green image that we are cultivating to sell ourselves as a great tourist destination and a desirable food producer.  No wonder we got a fossil award at Copenhagen today.

2. A better way to set reduction targets.  When Nick Smith pushed his amended ETS through Parliament a couple of weeks ago under urgency with Maori Party and Peter Dunne support, I proposed an amendment, originally suggested by the Business Council for Sustainable Development, that would have provided for a transparent, consultative target-setting process.  The amendment would have created a group of experts, to consult and advise on target setting.  It would have enshrined reductions targets in legislation, and it would have required the Government to report against progress in meeting those targets.  National, the Maori Party and Peter Dunne voted this amendment down.  Targets – like the big subsidies that will now go to polluters – will be formulated in secret by Nick Smith.  They will remain aspirational, rather than legislated-for, goals.

3. Domestic policies that actually reduce emissions.  As noted, plans to meet even our modest conditional targets rely on buying credits offshore rather than achieving domestic emissions reductions.  There’s no sector-by-sector plan to reduce emissions in agriculture, transport, energy generation or otherwise.  Gerry Brownlee has rolled back each of the previous Labour-led Government’s initiatives in these areas – the renewables generation preference and the biofuels obligation were two early casualties under urgency late last year.
And Nick Smith’s “moderated” ETS won’t help.  Because it adopts “intensity” rather than absolute reduction measures, lacks caps, and phases out assistance to polluters over a 90 year period rather than the 20 years Labour opted for, all reputable experts say that it will actually lead to an increase, rather than a decrease, in New Zealand’s emissions.

4. To keep focussed on issues that relate to our national interest, but not at the sake of losing sight of the big picture.  It would be great for New Zealand to get more favorable rules on offset planting – but not if this incentivises a whole lot of new deforestation in the Amazon.  It would be great for New Zealand to get amended land use change rules – but not if this actually increases the amount of greenhouse gas being released into the atmosphere.

5. To watch the messages we send by taking care over the company we keep internationally.  We are members of the “Umbrella Group” – the non-EU industrialised countries that discuss issues together, chaired by Australia.  It includes the US, Canada and Russia.  Although the Umbrella Group members negotiate independently, you have to wonder why we associate so closely with them – and why Tim Groser seems to want to get even closer.  We have a unique emissions profile for a developed nation (50% of emissions from agriculture; 66-75% of electricity generation from renewables).  We just don’t have a lot in common with the coal-burning giants, which also makes you wonder why we do things like join international alliances on carbon capture and sequestration (MED officials told me last week this was more to do with ‘Trans-Tasman diplomacy’ than New Zealand’s actual technological needs!).  And why on earth aren’t we more vocal in support of the AOSIS (Alliance of Small Island States), that includes many of our nearest Pacific neighbours?  Instead of bullying them at Pacific Islands Forum meetings to say and do what New Zealand and Australia want on climate change, we could live up to our (increasingly
self-imagined) image of being their friends and allies.

It seems to me that if the New Zealand Government doesn’t think carefully about these issues, we risk a double-whammy.  Sophisticated consumers in our developed country markets increasingly won’t want to come to us as tourists, or buy our lamb, butter and wine, and we’ll get poorer, not richer, despite our determined open-ness to international markets.  Developing countries, including the Pacific states, will increasingly see us as selfish and shirking of our responsibilities, and we’ll find ourselves – including in our own region, where our interests are strategic – increasingly resented.

New Zealand can do so much better.