Jack Yan
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The Persuader

My personal blog, started in 2006.



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30.11.2010

TPPA could turn the clock back

During the campaign trail, people tended to ask me if I was left or right. While I cheekily said, ‘Forward,’ many a time (and had at least one imitator), there’s something to be said for abandoning what are, effectively, nineteenth-century constructs.
   And unless you are DI Alex Drake in Ashes to Ashes, you need not concern yourself with constructs.
   What society needs is a dose of right or wrong, because all the constructs do is blind people to seeing a contrary argument if they happen to have branded it “left” or “right”.
   There’s no ‘I can see your viewpoint’ because that viewpoint is never aired.
   Fortunately, we didn’t have too much of this problem during the mayoral election though I did have a few people express surprise that I had once run for the Alliance. Meanwhile, Mayor Prendergast was surprised on the night of our TV debate that I sat with Young Nats—though three of them were, indeed, on my campaign.
   If we are all proclaiming we are “independents” and deny any connection with the larger parties, then surely the best quality we could have is to be non-political and unite people from “left” and “right”?
   And, as I also said on the campaign—and long before that—I know of very few people who are “all left” or “all right”.
   A while back, I had a discussion with the co-leader of the Alliance, Kay Murray, and she mentioned that there was a certain policy where the Alliance and ACT saw things the same way.
No Ordinary Deal: Unmasking the Trans-Pacific Partnership Free Trade Agreement   It was with this frame of mind that I read Prof Jane Kelsey’s piece in INM‘s New Zealand Herald today.
   New Zealand is to host the Trans-Pacific Partnership Agreement (TPPA) talks on December 6, in which, says Kelsey, we would be ‘deepening our commitment to free market policies that affect our jobs, our social and cultural well-being, and ultimately the sovereignty to make decisions as a nation …
   ‘The TPPA would lock us into a model where markets and big businesses rule, ignoring the reality that it has failed.’
   I applaud the Herald for publishing Prof Kelsey’s op–ed, given that there are certain media part of larger groups that may have reasons to limit New Zealanders’ awareness of globalization.
   As much as some would like to hide the figures, the reality is that many globalist policies have failed to generate New Zealand enterprise. They have not enabled us to take advantage of the internet by providing a system geared against us as producers. The level playing field with which Labour tried to sell the promise of Rogernomics in the 1980s, thereby appealing to the fair play nature of New Zealanders, never materialized. And it desperately needed to.
   The result has been a largely technocratic system that has seen foreign enterprises already dictate much of what is done here in business—including accounting practices that have seen taxes that would have once been due here go offshore.
   To those National supporters that were part of my campaign team, I said: I am not against some of your party’s principles. I remember the National where progressive Kiwi-owned enterprise was on the cards as a given, and I believe in that. The main parties no longer really want to discuss this topic, if my memory of the 2008 General Election serves me correctly.
   I would not want to speak for them, but I suspect the younger members of this group would agree with me, having grown up in an era where values and social responsibility have been emphasized more than in the decade—or generation—before. Humanism is sometimes best delivered at the local level by organizations that know their community best, though there obviously are exceptions. They are no dummies: they will have observed this themselves, and may well have judged that market theory needs to be tempered by good (and not overbearing) governance.
   Having your formative years in a recession might be a good thing if you are forced to consider things at that community level. We’ve had quite enough “me decades” in the last 30 years that it’s about time we had a “we” one that had long been forecast by some in the marketing trends’ business.
   And I wonder whether the Prime Minister sees it quite this way.
   I almost wonder whether he favours having a small group called the information-rich and a larger group called the information-poor as this seems to be the next divide that certain forces are poised to take us in.
   In fact, I’ve had Prof Kelsey’s new book, due to be launched this week, for the last fortnight, and it makes excellent reading. And while given to me by friends on the “left”, it takes no political stance and analyses the TPPA for what it is.
   I had no idea that when I received it as a gift I was getting it pre-publication.
   No Ordinary Deal: Unmasking the Trans-Pacific Partnership Free Trade Agreement has been edited by Kelsey and contains essays dealing with each aspect of the TPPA.
   If we thought that the fight against the Copyright Act amendments was tough, TPPA will see a new round, where there will be an assault on internet users’ rights to protect the US entertainment industry.
   Prof Susy Frankel, one of the authors, notes in the book:

It is possible that the TPPA negotiations will require more stringent protections of digital copyright works and more confind exceptions to those protections than the New Zealand law provides …
   The AUSFTA makes all reproductions of copyright works, even those transient in nature, a copyright infringement. New Zealand law does not make the creation of transient copies that allow the Internet to function a copyright infringement. This is important because it means that people cannot be sued for simply using the Internet and looking things online.

This means New Zealand’s unique digital copyright laws could be clawed back to become closer to US law, but there is equally a risk of what is permitted here, thanks to how we define fair dealing versus fair use, narrower.
   Meanwhile, Kelsey warns in her Herald piece:

Ironically, the government may also guarantee rights to foreign firms that it refuses to recognise for Maori under the Treaty of Waitangi.
   US firms are demanding even easier foreign investment rules that would be locked in for all time, when opinion polls show New Zealanders want to stop more land falling into foreign hands. Likewise, the idea of stemming currency speculation by introducing a financial transactions tax may be prevented by these “trade” rules.

All of which hint, to me, at the continuation of a slanted playing field where we remain at the bottom.
   Indeed, when it comes to services, Kelsey is right to point out (in her book) that:

The negotiating positions of governments participating in the TPPA seek to enhance the comparative advantage of their domestic firms, so as to boost their countries’ export earnings from services and strengthen their national economies …
   Achieving [the Obama administration’s goal of trebling services’ exports] would intensify the dominance of US corporations within other countries’ service markets. The US already reports a surplus in its cross-border trade in private commercial services with negotiating TPPA parties, standing at US$10·5 billion in 2008.

We are in part countering the imbalance with tourism at the moment, but given that there are other services—and we spent a good deal of the last generation building our service economy—we may expect an assault from the US.
   These are not the only sectors, but New Zealand needs to brace itself for a continued weakening of our economy should we put all our chips into the TPPA.
   I can say this with some greater cred that I am no longer campaigning: strengthening this country’s economy and building jobs is imperative, and we need to embark on that before opening us further to foreign private enterprise.
   I would prefer to see policies that enhance New Zealanders’ innovation and enterprise, aid our exports, build our infrastructure so we are content providers, and balance these needs with those who are disadvantaged. We need to reverse our continued slide into indebtedness through innovation and that our government, regardless of its label, needs to “govern” to ensure a balance for all citizens.
   It is too tempting, and too easy, for the New Zealand Government to believe it can relive the days of the boom—one that was founded on very little substance, mind—by effectively turning the clock back. Taking the technocratic experiment one step further by now removing the advantages we enjoy in intellectual property and services—now that manufacturing and energy have gone—isn’t something I can see working.
   Having backward policies isn’t going to suddenly take us in to the boom of yesteryear and make the economy rosier, and the Prime Minister, who apparently was no stranger to hard work if his PR is to be believed, needs to realize this.
   He needs, indeed, to position himself and his party to work even harder to promote that idea of progressive enterprise, rather than a route in which we are sold up the creek again. Assenting to the demands of foreign governments, lobbyists and corporations is not the way to do it.

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3 Responses to ‘TPPA could turn the clock back’

  1. Mike says:

    Balanced view of this worrisome agreement – the quiet “under the radar” capitulation to the whims of foreign fat cats.

  2. Jack Yan says:

    Thank you, Mike. TPPA is indeed best interpreted as you have said: effectively a back-door means through which US legislation, and the whims of their fat-cat sponsors, becomes our law.

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