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Archive for 22 October 2015

Key’s TPPA Falsehoods – “We’ve never, ever been sued” ***up-date ***

22 October 2015 8 comments

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law_scale

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Previously blogged on 13 October;

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4 October 2015 - TVNZ Q+A @ 13.04 "There has never been a case taken against New Zealand..." @ 16.24 "We've never, ever been sued..."

4 October 2015 – TVNZ Q+A:- @ 13.04 “There has never been a case taken against New Zealand…” @ 16.24 “We’ve never, ever been sued…”

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On 4 October,  our esteemed Dear Leader assured New Zealanders that, under the various free trade agreements we are party to, “there has never been a case taken against New Zealand…” and “we’ve never, ever been sued…”.[…]

Key’s insistence that  New Zealand is safe from lawsuits from foreign corporations indicates  he was privy to the text of the finalised Trans Pacific Partnership Agreement (which is still a closely guarded secret by Trade Minister Groser) and that  we, as a nation, are now fully exposed to litigation from Investor-State Dispute Settlement (ISDS) processes.

It seems that Dear Leader spoke too soon.

Not even a fortnight passed since he uttered those fateful words – an apparent challenge to the gods – and New Zealand is now being sued;

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Shanghai Pengxin going to High Court over Lochinver decision - TPPA - investor state dispute settlent

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In response to the lawsuit, our esteemed and much-loved Dear Leader stated;

“Quite frankly, you can get appeals both ways, so when Shanghai Pengxin was granted the right to buy the Crafar farms, there was also an appeal because that went through, and it was tested back in court – now it’s going the other way.

But look, in the end, if the courts determine that the Overseas Investment Office got it wrong, the Government will go and reflect on that and honour the law, we always do that.”

The only difference between scenarios envisaged under the TPPA and the Lochinver Station-Shanghai Pengxin-OIO case is that the latter is being tested under the jurisdiction of a New Zealand Court of law instead of an extra-judicial, and often-secret,  corporate tribunal overseas.

This is cold comfort.

We now have a situation in our own country where, if we determine not to sell to an overseas investor, that decision can be over-turned. Our laws now allow foreign interests to be on an equal footing with New Zealand citizens.

You no longer have to be a tax-paying citizen (born or naturalised) to hold certain rights.

You can be a foreign corporation (or wealthy individual) with deep pockets and a small militia of flinty-eyed lawyers.

Money is now all it takes.

Mark 15 October 2015 in your diary as the day when our sovereignty was forfeit in the pursuit of global finance. If we dare say ‘No’, they have ways of changing our minds.

This will be the first, of many to come, “legal” challenges to our sovereignty.

And the worst aspect to where we have arrived, 31 years after David Lange’s government was elected and Roger Douglas began his so-called free-market “reforms”?

As a nation, Kiwis have allowed it to happen. We did this to ourselves.

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References

TV1 Q+A: PM on TPP – ‘We’ve never ever been sued’

Fairfax media: Shanghai Pengxin going to High Court over Lochinver decision

Additional

MFAT: New Zealand-China Free Trade Agreement

New Zealand China Free Trade Agreement (text)

Government could have faced lawsuit

Previous related blogposts

Al Capone lives again?

Three Questions to Key, Williamson, Coleman, et al

Another of John Key’s lies – sorry – “Dynamic Situations”

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TPPA-cartoon

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This blogpost was first published on The Daily Blog on 17 October 2015.

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