NZ Herald
  • Home
  • Latest news
  • Herald NOW
  • Video
  • New Zealand
  • Sport
  • World
  • Business
  • Entertainment
  • Podcasts
  • Quizzes
  • Opinion
  • Lifestyle
  • Travel
  • Viva
  • Weather

Subscriptions

  • Herald Premium
  • Viva Premium
  • The Listener
  • BusinessDesk

Sections

  • Latest news
  • New Zealand
    • All New Zealand
    • Crime
    • Politics
    • Education
    • Open Justice
    • Scam Update
  • Herald NOW
  • On The Up
  • World
    • All World
    • Australia
    • Asia
    • UK
    • United States
    • Middle East
    • Europe
    • Pacific
  • Business
    • All Business
    • MarketsSharesCurrencyCommoditiesStock TakesCrypto
    • Markets with Madison
    • Media Insider
    • Business analysis
    • Personal financeKiwiSaverInterest ratesTaxInvestment
    • EconomyInflationGDPOfficial cash rateEmployment
    • Small business
    • Business reportsMood of the BoardroomProject AucklandSustainable business and financeCapital markets reportAgribusiness reportInfrastructure reportDynamic business
    • Deloitte Top 200 Awards
    • CompaniesAged CareAgribusinessAirlinesBanking and financeConstructionEnergyFreight and logisticsHealthcareManufacturingMedia and MarketingRetailTelecommunicationsTourism
  • Opinion
    • All Opinion
    • Analysis
    • Editorials
    • Business analysis
    • Premium opinion
    • Letters to the editor
  • Politics
  • Sport
    • All Sport
    • OlympicsParalympics
    • RugbySuper RugbyNPCAll BlacksBlack FernsRugby sevensSchool rugby
    • CricketBlack CapsWhite Ferns
    • Racing
    • NetballSilver Ferns
    • LeagueWarriorsNRL
    • FootballWellington PhoenixAuckland FCAll WhitesFootball FernsEnglish Premier League
    • GolfNZ Open
    • MotorsportFormula 1
    • Boxing
    • UFC
    • BasketballNBABreakersTall BlacksTall Ferns
    • Tennis
    • Cycling
    • Athletics
    • SailingAmerica's CupSailGP
    • Rowing
  • Lifestyle
    • All Lifestyle
    • Viva - Food, fashion & beauty
    • Society Insider
    • Royals
    • Sex & relationships
    • Food & drinkRecipesRecipe collectionsRestaurant reviewsRestaurant bookings
    • Health & wellbeing
    • Fashion & beauty
    • Pets & animals
    • The Selection - Shop the trendsShop fashionShop beautyShop entertainmentShop giftsShop home & living
    • Milford's Investing Place
  • Entertainment
    • All Entertainment
    • TV
    • MoviesMovie reviews
    • MusicMusic reviews
    • BooksBook reviews
    • Culture
    • ReviewsBook reviewsMovie reviewsMusic reviewsRestaurant reviews
  • Travel
    • All Travel
    • News
    • New ZealandNorthlandAucklandWellingtonCanterburyOtago / QueenstownNelson-TasmanBest NZ beaches
    • International travelAustraliaPacific IslandsEuropeUKUSAAfricaAsia
    • Rail holidays
    • Cruise holidays
    • Ski holidays
    • Luxury travel
    • Adventure travel
  • Kāhu Māori news
  • Environment
    • All Environment
    • Our Green Future
  • Talanoa Pacific news
  • Property
    • All Property
    • Property Insider
    • Interest rates tracker
    • Residential property listings
    • Commercial property listings
  • Health
  • Technology
    • All Technology
    • AI
    • Social media
  • Rural
    • All Rural
    • Dairy farming
    • Sheep & beef farming
    • Horticulture
    • Animal health
    • Rural business
    • Rural life
    • Rural technology
    • Opinion
    • Audio & podcasts
  • Weather forecasts
    • All Weather forecasts
    • Kaitaia
    • Whangārei
    • Dargaville
    • Auckland
    • Thames
    • Tauranga
    • Hamilton
    • Whakatāne
    • Rotorua
    • Tokoroa
    • Te Kuiti
    • Taumaranui
    • Taupō
    • Gisborne
    • New Plymouth
    • Napier
    • Hastings
    • Dannevirke
    • Whanganui
    • Palmerston North
    • Levin
    • Paraparaumu
    • Masterton
    • Wellington
    • Motueka
    • Nelson
    • Blenheim
    • Westport
    • Reefton
    • Kaikōura
    • Greymouth
    • Hokitika
    • Christchurch
    • Ashburton
    • Timaru
    • Wānaka
    • Oamaru
    • Queenstown
    • Dunedin
    • Gore
    • Invercargill
  • Meet the journalists
  • Promotions & competitions
  • OneRoof property listings
  • Driven car news

Puzzles & Quizzes

  • Puzzles
    • All Puzzles
    • Sudoku
    • Code Cracker
    • Crosswords
    • Cryptic crossword
    • Wordsearch
  • Quizzes
    • All Quizzes
    • Morning quiz
    • Afternoon quiz
    • Sports quiz

Regions

  • Northland
    • All Northland
    • Far North
    • Kaitaia
    • Kerikeri
    • Kaikohe
    • Bay of Islands
    • Whangarei
    • Dargaville
    • Kaipara
    • Mangawhai
  • Auckland
  • Waikato
    • All Waikato
    • Hamilton
    • Coromandel & Hauraki
    • Matamata & Piako
    • Cambridge
    • Te Awamutu
    • Tokoroa & South Waikato
    • Taupō & Tūrangi
  • Bay of Plenty
    • All Bay of Plenty
    • Katikati
    • Tauranga
    • Mount Maunganui
    • Pāpāmoa
    • Te Puke
    • Whakatāne
  • Rotorua
  • Hawke's Bay
    • All Hawke's Bay
    • Napier
    • Hastings
    • Havelock North
    • Central Hawke's Bay
    • Wairoa
  • Taranaki
    • All Taranaki
    • Stratford
    • New Plymouth
    • Hāwera
  • Manawatū - Whanganui
    • All Manawatū - Whanganui
    • Whanganui
    • Palmerston North
    • Manawatū
    • Tararua
    • Horowhenua
  • Wellington
    • All Wellington
    • Kapiti
    • Wairarapa
    • Upper Hutt
    • Lower Hutt
  • Nelson & Tasman
    • All Nelson & Tasman
    • Motueka
    • Nelson
    • Tasman
  • Marlborough
  • West Coast
  • Canterbury
    • All Canterbury
    • Kaikōura
    • Christchurch
    • Ashburton
    • Timaru
  • Otago
    • All Otago
    • Oamaru
    • Dunedin
    • Balclutha
    • Alexandra
    • Queenstown
    • Wanaka
  • Southland
    • All Southland
    • Invercargill
    • Gore
    • Stewart Island
  • Gisborne

Media

  • Video
    • All Video
    • NZ news video
    • Herald NOW
    • Business news video
    • Politics news video
    • Sport video
    • World news video
    • Lifestyle video
    • Entertainment video
    • Travel video
    • Markets with Madison
    • Kea Kids news
  • Podcasts
    • All Podcasts
    • The Front Page
    • On the Tiles
    • Ask me Anything
    • The Little Things
  • Cartoons
  • Photo galleries
  • Today's Paper - E-editions
  • Photo sales
  • Classifieds

NZME Network

  • Advertise with NZME
  • OneRoof
  • Driven Car Guide
  • BusinessDesk
  • Newstalk ZB
  • Sunlive
  • ZM
  • The Hits
  • Coast
  • Radio Hauraki
  • The Alternative Commentary Collective
  • Gold
  • Flava
  • iHeart Radio
  • Hokonui
  • Radio Wanaka
  • iHeartCountry New Zealand
  • Restaurant Hub
  • NZME Events

SubscribeSign In
Advertisement
Advertise with NZME.
Home / Politics

Bryan Gould: TPP signing a denial of democracy

Herald online
14 Jan, 2016 12:50 AM5 mins to read

Subscribe to listen

Access to Herald Premium articles require a Premium subscription. Subscribe now to listen.
Already a subscriber?  Sign in here

Listening to articles is free for open-access content—explore other articles or learn more about text-to-speech.
‌
Save

    Share this article

Image / iStock

Image / iStock

Opinion by

It is one of the peculiarities of a Westminster-style constitution that the power to conclude international treaties rests exclusively with the executive - in our case, with the Cabinet. The Trans Pacific Partnership (TPP) is no exception.

While a National Impact Assessment will be prepared by the Ministry of Foreign Affairs and Trade, and will most likely be considered by a select committee, our elected representatives can - if the government wishes - be totally ignored.

This constitutes not only a potentially damaging side-lining of parliament but also a denial of democracy itself. It continues a process that has been throughout characterised by secrecy and the contemptuous refusal to take any account of public opinion.

Yet it is clear that the TPP is not just a run-of-the-mill trade agreement but a major concession of the powers of self-government to large, international (mainly US) corporations. The treaty provides those corporations with the power to over-ride elected governments and to re-write the laws of this country in their own interests. There can be no set of issues that should more importantly require the consent of parliament and people.

It is not as though these worrying downsides are to be offset by major trade gains. Our negotiators, having boasted of the improved access we would have for our dairy products, stood by impotently when the crunch came and our interests were almost totally ignored by the big boys.

Advertisement
Advertise with NZME.
Advertisement
Advertise with NZME.

As Joseph Stiglitz, the Nobel Prize-winning economist, pointed out in these pages, the TPP is just about the worst "trade agreement" that can be imagined.

It is little wonder then that those who have taken the trouble to understand the issues and who are concerned at their implications should have looked for other aspects of our constitution that might come to their aid and ensure that the public does not sleep-walk into giving up its powers of self-government for no good reason.

A petition has accordingly been drawn up and signatures invited; the petition is to be presented, not to parliament, since that would be pointless, but to the Governor General.

On taking his oath of office, Sir Jerry Mateparae undertook to protect the proper government of this country; the petition invites the Governor General to use his constitutional powers to do just that - to act as a constitutional guardian and to refuse asset to legislation that fails to uphold the rule of law and the principles of responsible government.

On the face of it, the petition would seem to stand little chance of success. Governors General are normally careful to avoid becoming involved in controversial issues and will leave political questions to the government of the day. But there are precedents, in other Commonwealth countries - Canada and Australia - for Heads of State intervening in matters that were seen to be of sufficient importance.

Discover more

Opinion

Bryan Gould: Kiwis scoffing at US politics on shaky ground

14 Dec 08:46 PM
Cartoons

Cartoon: Don't get confused Obama

17 Jan 04:00 PM
New Zealand

Craig's $22k Christmas gift

18 Jan 04:00 PM
Opinion

Bryan Gould: True origins of TPP lie in protecting profits

02 Feb 01:39 AM

It is a fair bet that the organisers of the petition had no realistic expectation that Sir Jerry would respond positively; all they were hoping for, no doubt, was that he would agree at least to receive the petition and that the resultant publicity would help their cause in some small way.

But Sir Jerry did not respond positively - indeed, he did not respond at all; he may not even be aware of the petition's existence. The letter to him from the organisers, asking him to receive the petition, was replied to by his Official Secretary - one Gregory Baughen. Mr Baughen made it clear that he would not even ask the Governor General to receive the petition, let alone act on it.

Advertisement
Advertise with NZME.

Who is Gregory Baughen? Until a year ago, he was a senior staff member of the Department of Prime Minister and Cabinet, and the head of the National Assessments Bureau, one of the three main intelligence organisations. He was, in other words, a senior member of the executive with special responsibility for a range of security and intelligence matters.

It is this official who has now been transferred across to a quite different, and supposedly independent, part of our constitution. The Governor General's office is, in principle, above politics, but it now seems to be managed by someone who is best regarded as a representative of the executive.

The nature of Mr Baughen's appointment and his refusal to allow the Governor General even to receive a petition that is arguably on a matter of national (rather than party political) significance suggests that the authorities are anxious to cover all bases, and to take no chances.

Not content with conducting negotiations in secret, and with excluding any consideration of public opinion, the attempt has been made to close down even a scintilla of publicity that might indicate a degree of public concern. Even the public signing of the TPP in New Zealand on February 4 is being so carefully managed that we know about it only because the news was leaked in Chile.

Democracy is necessarily at times a messy and discomfiting business. But when such care is taken to deny it, we should be truly worried.

Bryan Gould is a former UK Labour MP and former vice-chancellor of Waikato University.

Advertisement
Advertise with NZME.

Debate on this article is now closed.

Save

    Share this article

Latest from Politics

Premium
Business|economy

Emails reveal Willis wanted Budget lock-up to be more restricted

13 Jul 05:00 PM
Politics

Health NZ hires thousands more nurses and hundreds more doctors – is it enough?

13 Jul 05:00 PM
Premium
New Zealand|politics

Editorial: Why the Tāmaki Makaurau byelection matters for Labour

13 Jul 05:00 PM

From early mornings to easy living

sponsored
Advertisement
Advertise with NZME.

Latest from Politics

Health NZ hires thousands more nurses and hundreds more doctors – is it enough?

Health NZ hires thousands more nurses and hundreds more doctors – is it enough?

13 Jul 05:00 PM

The health workforce has grown by thousands in the last two years.

Premium
Emails reveal Willis wanted Budget lock-up to be more restricted

Emails reveal Willis wanted Budget lock-up to be more restricted

13 Jul 05:00 PM
Premium
Editorial: Why the Tāmaki Makaurau byelection matters for Labour

Editorial: Why the Tāmaki Makaurau byelection matters for Labour

13 Jul 05:00 PM
Premium
Audrey Young: Who would lead if Luxon couldn't?

Audrey Young: Who would lead if Luxon couldn't?

13 Jul 05:00 PM
Solar bat monitors uncover secrets of Auckland’s night sky
sponsored

Solar bat monitors uncover secrets of Auckland’s night sky

NZ Herald
  • About NZ Herald
  • Meet the journalists
  • Newsletters
  • Classifieds
  • Help & support
  • Contact us
  • House rules
  • Privacy Policy
  • Terms of use
  • Competition terms & conditions
  • Our use of AI
Subscriber Services
  • NZ Herald e-editions
  • Daily puzzles & quizzes
  • Manage your digital subscription
  • Manage your print subscription
  • Subscribe to the NZ Herald newspaper
  • Subscribe to Herald Premium
  • Gift a subscription
  • Subscriber FAQs
  • Subscription terms & conditions
  • Promotions and subscriber benefits
NZME Network
  • The New Zealand Herald
  • The Northland Age
  • The Northern Advocate
  • Waikato Herald
  • Bay of Plenty Times
  • Rotorua Daily Post
  • Hawke's Bay Today
  • Whanganui Chronicle
  • Viva
  • NZ Listener
  • Newstalk ZB
  • BusinessDesk
  • OneRoof
  • Driven Car Guide
  • iHeart Radio
  • Restaurant Hub
NZME
  • About NZME
  • NZME careers
  • Advertise with NZME
  • Digital self-service advertising
  • Book your classified ad
  • Photo sales
  • NZME Events
  • © Copyright 2025 NZME Publishing Limited
TOP