Island Life by David Slack

The Peters Principle

Everything I know about defamation I learned from Geoffrey Palmer. He was our Torts small group tutor in his last year of teaching before he went in to politics, and he made that topic – as he did other topics also – one of the most interesting I studied.

I don’t know how they structure the law degree at Victoria these days, but back at the end of the seventies, you took just two law papers in your first year, along with a number from other degree courses. All in all, I wasn’t especially taken by university study for those first two semesters. I spent as much time travelling up to Palmerston North to visit my girlfriend, and learning how to drink at Barretts Hotel, as I did paying attention to my studies.

But then in my second year, I got fully engaged by the whole process, and that was in large part because of the way Professor Palmer took our small group. He had a capacity for placing particular concepts in their broader context in a way that gave everything a logic and coherence. He made it fascinating and, quite often, entertaining as well.

Defamation law would be a good example. We learned about the contending principles of freedom of speech and the right to protect your personal reputation, and the tensions you’ll get in balancing the two.

He especially drew our attention to the topic of parliamentary privilege, pointing out the tension that you potentially create by having to balance the need for free and frank debate against the protection of individual reputations.

I can’t recall any specific cases we studied in that area, but I do know that if we’d have been studying the topic two decades on, the lecture materials would have been full of the name of the Hon. Winston Peters, fearless defender of the oppressed and righteous campaigner against conspiracies both imagined and real.

Peters was actually one of the first politicians I met when I came to Wellington to write speeches for my former law professor. I remember him warning me over a bottle or two of wine that the administration I was hitching up with had some big scandals lying ahead of it. I decided to take my chances.

The administration, of course, was duly booted out, but not for the reasons Peters prophesied. I also remember Geoffrey observing around that time, as the new administration took office, that he thought Winston Peters’ star was on the wane. I guess what he wasn’t counting on was Peters’ unerring capacity for getting himself front and centre in time for every poll that mattered.

Well, you can’t blame a politician for trying. But there are ways and ways of getting yourself in the public eye, and Peters has a predilection for one that I have to say I’ve never much respected. This last week, I consider he’s gone scraping lower than a Cook Strait ferry.

He’s grabbed hold of the story about David McNee’s killer having been involved in an incident at the home of Peter and Coral Shaw some months earlier and he’s gotten himself on the front page of the Herald and the lead item on One News alleging in Parliament that Edwards was invited there, and that Mr Shaw had made a false complaint against Edwards.

In doing so, he’s once again put the maximum strain on that tension between those two principles they teach in Torts class about balancing the need for free and frank debate against the protection of individual reputations.

It surely can’t be that Peters doesn’t grasp both principles well enough. He’s forever declaiming against cover-ups and conspiracies and the right of the people to know the truth, but he also knows the other arguments, as we saw earlier this year when he raged at all and sundry for the aspersions being made against his “good name” over that scampi business

Well, what principle are you defending in this latest venture, Winston? I ask, because there seems to be something missing here.

The usual reason one doesn’t raise these things outside the House is that a fearless protector of the rights of the people will sometimes have to seek the protection of Parliament as the only place where the truth can be revealed.

But what forces outside the house does he have to be afraid of here? Judges are the most reluctant of all people to take action. And of course, he knows only too well that if he’s telling the truth, then he has an absolute defence to any defamation action.

For an answer to this enigma, I would suggest you flick your gaze back five paragraphs to the words “Herald and “One News”. This guy will profess that he’s shocked, shocked, to learn these things at any time, but he’ll make a special effort when the cameras are rolling, in my opinion. And if innocent people get trampled in the rush, well, too bad.

I know Coral and Peter Shaw. I haven’t asked them about the specifics of this case, and I hold no brief for them in writing this.

But I have known them for more than a decade and I admire them both for their integrity and their honour. If they maintain, as their lawyer has declared to the media, that “This attack in Parliament is having just the effect of re-victimising him when he has done nothing wrong", then I accept them at their word, and I wonder, once again, just what principles Winston Peters holds most dear.

Peters, of course, has to follow the rules of Parliament, and I wonder what happened to a private member’s bill that David Caygill - I think- introduced some years ago, seeking to bring a little more rigour to the rules of parliamentary privilege. If we keep seeing this kind of outrage on the front page of the paper, it might be a good idea to have another look at it.

The Meat Raffle

I'm pretty sure the first thing I ever won in a raffle was a frozen chook. It was at the Rangiwahia Sports Day, where the Lions club would do instant raffles in between the running races, show jumping, chopping contests and ram riding. If you've never been to a country sports day, you should poke, as Mr Steve Braunias might say, your snoot into one some time. If you like summer afternoons, fresh air, friendly people with a dry sense of humour, car boot picnics under trees - and beer - you should get along to one as soon as you can and fill your boots. That's assuming these things are still running. I've been out of the countryside a long while now.

Anyway, about that chook - if indeed it was a chook. Whatever I actually won, I remember being impressed by the ease of the whole procedure. You went up to the man selling the tickets, got yourself one, and waited for the wheel to spin. When it stopped at your number and it dawned on you that you had won an honest-to-goodness prize, you were not only chuffed, you were also persuaded that these contests were worth a go. To this day, if someone offers me a ticket, I buy one. Mostly I do it for altruistic reasons. I know the odds. All the same, a little corner of my mind reminds me that I might also be in with a shot. In this way I have acquired booze, confectionary, a disposable camera, a complete boxed set of Beatles albums and the odd meat raffle.

Formal gambling I put in another category. I like (or at least I did until I got tired of the time it involved) punting on the horses. If friends haul me into a casino I like blackjack, although for the most part I think that Sky City is a joyless spectacle that you really don't want to visit sober. Can't be bothered with Lotto though. I only enjoy serious gambling when I fancy I can beat the odds.

As for the chooks and the meat raffles and the LPs, well, one guy's pleasant surprise is another sardonic writer's prizeless confirmation that it is a rum world.

I was reading Page 94 of the Listener the other day and realised with mounting anxiety that I've actually been winning more than my share of raffles, and that I have probably acquired at least a prize or two that should properly have gone to that column's writer.

If the piece in question were available online, there'd be a link here. I'm guessing that either the Listener has decided that it's too metaphysically paradoxical to have a Page 94 in cyberspace, or that it's a bit dumb to give away your best page for nix. So if you haven't already seen "Your Lucky Day", pad over to your LazyBoy and pick up the Olympics issue with Steven Ferguson on the cover and flick to the back. There you'll find the whole poignant story. We live in an age of easy steaks: I desperately want to win a meat raffle before I die , he writes.

I have spent my life in bars eyeing up the raffled meat pack, imagining all that free lunch, dinner and breakfast, scorch and smoke on the barbecue - then throwing in my $2, studiously choosing the right number in the ticket block and never, ever, winning so much as a sausage.

I am nothing if not a campaigner for the downtrodden and neglected. Steve Braunias is today's cause. I have had the opportunity in my life to buy him one beer, but I think the scales of justice still need a bit more butcher's finger on them.

So I have whipped up something for us all to do our bit, and when I say "us" I'm working on the not unreasonable assumption that there is a good clutch of Public Address readers who get a copy of the Listener in their paws now and then. If you're a fan of Page 94, then you'll know exactly what this symbolises.


(Update Sept 5: The image has been retired - there's an explanation below)

Looks good on the page, doesn't it? It's not a great likeness - Russell's one is a good deal more accurate - and yet somehow it works.

Well the good news is: you can wear that very image on the clothing item of your choice. Or a mousepad. Or a clock. Or a beer stein. Or a frisbee. Or a tote bag.

All you have to do is click here to the newly minted Page 94 shop at cafepress.com and pick out the item of your choice. Don't be shy - buy up large! If enough of us buy something, there'll be a nice little cheque in Steve's mailbox at the end of each month. He will have won the meat raffle, and it will have happened in the best way possible: completely out of the blue. Of course it would be nice if he could remain oblivious of all this until the cheque arrives, so, you know, let's not get it mentioned on the Internet or anything.

Perhaps he'll get wind of it anyway, but on the other hand, if he's busy hoofing around Lower Hutt and up to out-of-the-way places like Feilding for the next few weeks, perhaps we can preserve the element of surprise.

Don't forget - it's Father's Day very soon. What better gift for Dad than a picture of an assured aviator confident in his masculinity? You only have to look at the way this guy wears his goggles to tell that he doesn't need John Tamihere to tell him where to find a place that serves a decent sausage roll and a pot of strong tea. This is the kind of thing that fathers everywhere could be wearing this September. But get in quick. Stocks are strictly limited to however many we can shift.

All kidding aside, this is on the up and up - all profits will arrive unheralded in Steve's letter box. I think it would be a nice surprise to spring on him and, if you're a fan, I suspect you will too.

Update Sep 5

Not all good ideas work out quite as happily as you might hope. The image for this promotion came from the Listener, and they conveyed the message that perhaps one should not be using their intellectual property. Fair enough, and my apologies to APN. To those of you who ordered an item, and contributed to the mailbox surprise, thanks for the thought. The shop is now closed.

Duck! It's A Pig!

This last week or so, instead of: producing a fresh column; pulling together my notes for a conference; working up an outline for the fine people at Penguin; re-working a piece for a foreign publication and writing a speech for a client, I worked on overcoming a substantial disinclination to do any writing. Glad that's passed.

I was aided in this by the diversions of a new PC and a subscription to the Microsoft Empower program (and many thanks to Chris McKay for alerting me to that.) A fresh PC generally brings about a file spring cleaning exercise for me. This can be quite time-consuming. Over time, my hard disk gradually becomes littered with fragments of ideas and projects only partially-completed (or to be more honest, barely-begun.) Speeches.com has a lot of undeveloped potential, in my humble opinion. I just have to get around to implementing even a few of the partially-developed ideas.

Why do I have all this half-done work? Refer to the bit in previous blogs where I talk about having the bad habit of never saying "no" to anyone. Of course, sensible people hire other people to help them, but I just don't fancy it as far as the site's concerned; I find it easier to do it myself than try to explain to other people what's required.

Anyway, the matter of sorting and categorising all this material usually gets my fullest attention when I set up a new PC, and as soon as I open a document to recall what it's all about, I'm distracted. Before you know it, hundreds of germs of ideas are mutating wildly.

Just to add to the skiving off, I took advantage of the MSDN access that comes with the Empower Program to download a copy of Visual Studio.Net. New toy. Endlessly diverted.

But it's a dull blog if your copy keeps going stale, so let's pick up where I left off last time with the grand plan for the Devonport waterfront, flogging off the Navy land, putting up apartments and installing an underwater travelator to Queen Street.

Tim Harding was intrigued by the technical challenge.

I can't help but wonder how fast you could make a travelator that long. Obviously you'd need several abutting travelators of graduating speeds to keep the acceleration from breaking people. The same in reverse at the other end... could you create an artificial tail wind to help negate the air resistance? Man... I wish I had a slice of that $4B budget to find out.

It turns out this very question is already being tackled elsewhere. In France - where they call it a trottoir - they have one at a station interchange inside the Paris metro. It's 180 metres long and gets up to 11 km per hour. Hell, that's nothing. We're bungy jumpers here. I'd say we're good for hanging on at thirty k, no worries.

If you click here, you can read all about it - animated guide and everything. You can travel from Le Mans to Paris in 50 minutes, the project manager for the Paris metro points out, but crossing Montparnasse Station may take you 20 minutes.

The real problem nowadays is how to move crowds; they can travel fast over long distances with the TGV (high-speed train) or airplanes, but not over short distances (under 1km), he says.

Bart Janssen, whose abiding interest in the natural world is clearly evident in his contribution to the discussion, has this excellent suggestion:

Maybe you should get Kelly Tarton in on the action and make the tunnel perspex - you'd probably want to clean up the scum that is our harbour and you'd need some clever robot thingy (technical term that) to keep it clean, but wouldn't it be cool to have the harbour as a sightseeing attraction?

Of course you'd want to make the harbour a marine reserve to get the fish back but seriously how many people do you know who are silly enough to eat fish caught in the inner harbour? Splendid idea all round really.

Couldn't agree more, Bart. I had a bit to do with those folks when they were putting in their Antarctic attraction, as it happens, and they struck me as the kind of people who were game for just about any kind of imaginative tourist lurk, so why not? You might even hook the travelator up to Orakei wharf.

Of course in my rush of blood to the head I overlooked one slight problem, which Jock Laing helpfully pointed out.

David, those apartments with great views would face South. To be pleasant to live in they need Northern exposure to get some sun. In winter the lack of sun would be very uncomfortable.

True. Mind you, there are quite a few houses along that stretch already which must have to cope with the problem to some extent. Maybe you could set the buildings far enough off the cliff to catch some light from the north, and end up with fewer apartments. Anyone have some thoughts on that?

Actually, if we're going to think outside the box, as they say, why not get really inventive about the design of the apartments as well? We could take our lead from the ideas being explored at the Dilbert House, where Dilbert creator Scott Adams enlists fans, online architects and experts to build an energy-efficient, eco-friendly and functional home for the modern dweller. Not unsurprisingly, they have ideas that would suit a certain type of apartment inhabitant:

Drive-up window for the pizza delivery boy, FedEx, etc.

Combination refrigerator and compostor. Just leave the food you don't want in there.

A giant kitchen sink for informal meals where everyone just leans over the sink.

Drains in the floor so you just hose everything down.

You also get the truly inventive touches such as:

Dilbert might be sick of the noise his neighbors make. He might record it and then play it back through loudspeakers directed at the source of the original racket, with a slight delay, amplified. It would be fun to see how long it would take them to recognize their own arguments, crying baby, yowling cat or squawking bird.

But there are some altogether more interesting notions in there as well, such as exercise equipment connected to generators for selling energy back to the grid. But don't take my word for it, visit the site and be amazed.

Meanwhile back in real estate world, Chris McKay - in the spirit familiar to all of us living in Devonport - endorsed the more material aspects of the concept.

I'm keen for the property value surge from the 10 min walk from downtown Auckland sales pitch.

And this is where it gets hopeful, readers, because he says he's forwarded a copy of the blog to his father in law.

So you never know. Pigs might never fly, but is it too much to hope that we might one day have our own trottoir?

I Want John Banks To Be My Mayor

Don’t click back. You haven't arrived at Aaron Bhatnagar’s blog by mistake. The headline is genuine, but not for the reason you might imagine.

If you live at the Devonport end of the North Shore, there's a good likelihood you spend more time in downtown Auckland than you do in any of the suburbs north of here. Our nearest courthouse is in Albert Street, which beats the next closest one - in Albany - by some distance. Thousands of us spend most of our working day on the far side of the bridge, and we're as likely to be eating, drinking or watching music or movies over there as we are doing something over here on any given night.

The administrative functions of North Shore City Council seem to be drifting northwards, away from us, and the new geographical centre of the North Shore seems to be drifting with it. This is all splendid news for the growth of North Shore City, but at a certain point, it seems only fair to ask whether we down here at the abandoned end should still be a part of it.

Our local paper made the good point a couple of weeks ago that it might be time to reconsider the city boundaries. So how about it, Mayor Wood? Goodbye Devonport, helloooo Silverdale?

The paper got a couple of eager letters in favour, and I've been trying out the idea on a few of the neighbours. There seems to be a good bit of enthusiasm for it. I haven't actually struck anyone saying That city with the mayor who wants a four billion dollar motorway - I want in on that, but I have struck a few people grumbling that apart from a costly rescue of our decrepit sewer and drainage system, there doesn't seem to have been any very significant spending of our rates dollars down here.

Whether we'd get any better deal from an Auckland Council is hard to say, of course. Perhaps we could put the entire thing up for tender. We're already being managed by remote for the most part - why not go the whole hog? Tim Shadbolt might see us as a handy boost to his rating base.

Okay, that's getting a bit far-fetched, I'll admit. But while I'm tossing far-fetched ideas around, I might as well mention another one I've nursed for years, because if you could actually make it work, it could be quite a nice dowry to offer the ACC.

If you've ever taken the ferry over to Devonport, you'll have noticed that a good chunk of the shoreline facing the city is occupied by the Navy. Any aftershave-coated real estate agent could line up a buyer for that land before you could say new Audi. And in point of fact we're talking fleets of Audis for that particular stretch of property. It's a BIG chunk of land and the views are all harbour.

Given that we live in a remarkably benign geopolitical climate, we theoretically don't need a Navy, of course, but giving due deference to realpolitik, I'd suggest the smart option would be to hang on to it.

But does it actually need to be in Auckland? Why not put it some place else where the land is less expensive? This very suggestion came up just a few years ago. Picton loved the idea, and so did Whangarei. The navy could see some benefits too - a good chunk of their personnel are finding the rising cost of housing in Auckland a real problem. The idea of moving to, say, Whangarei looked not all bad. Studies were duly done, but unfortunately the decision in the end was: stay put.

I reckon it's worth another look. Mate, you want to see what they're paying for land around here. What follows here is an entirely uncosted proposal by someone who is neither a developer nor an engineer, and who has no intention of risking even a single one of his hard-earned American dollars on any opportunity to participate in any such venture.

Should you proceed with this most excellent idea, you will be doing so on the basis that you acknowledge that in respect of these plans, I scarcely know what I'm talking about. Should you actually be an engineer or developer, please by all means let me know if this is as you might say, a runner.

Enough with the preamble. Here's the idea.

One. The Navy flogs the land (including dockyard) and uses the proceeds to move to a new home at some other accommodating port.

Two. Developer whacks up apartments along the entire site, said apartments to be limited in height to the cliff line behind them, thereby leaving views from - and of - existing heritage homes unmolested.

Three. Developer flogs off these apartments with marvellous views to punters at usual egregious margin.

And why will punters pay through the nose for them? Because it shall be a condition of the resource consent that said developer shall construct a connecting under-harbour tunnel to the bottom of Queen Street, containing a walkway, with one of those travelator things you get in the big international airports.

Okay, these things aren't cheap, but just think how much you'll be able to charge for the apartments, Sparky. Harbour views, a short stroll to Queen Street in all weathers, none of the noise you get in the central city, and a location that can never be built out, even with Auckland City's daft building laws.

And this is a dowry for Auckland City why? Because effectively you're sticking - who knows - maybe a few thousand extra rate-paying residents in the middle of the city at no significant additional load on the transport system. They’ll be doing their commuting on the travelator, as will a shitload of people in the Devonport and surrounding area, I can confidently promise you.

This will, of course, create parking and traffic issues and Fullers Ferries would hardly be likely to thrill to the idea. But these are - as Dustin Hoffman said so correctly in Wag the Dog, mere details. Cut Fullers in on the action, make some more parking spaces - no sweat. And even if it might sound a bit out there, just remember, you’ve also heard this year about a 4 billion dollar motorway that probably won't be able to pay for itself, and a V8 race in a city that's plagued by traffic arterial sclerosis.

If I were Candidate Banks, I’d be in like a robber's dog.

But They Did Get The Name Right

Barbara Ehrenreich wrote a good book a few years ago - Nickel and Dimed: On (Not) Getting By in America. Although it was a big success, it would be an exaggeration to say it was universally well-received. She tells a nice story on her website about some of the flak she encountered. You can read all about what she calls her Carolina controversy here. The part I quite like as far as my present purpose is concerned is this:

On July 10, [a group of students and right-wing legislators held a press conference] to denounce Nickel and Dimed as a "classic Marxist rant" and a work of "intellectual pornography with no redeeming characteristics." Fine, at least I could cling to the adjectives "classic" and "intellectual."

If I were to borrow the technique she suggests for paraphrasing reviews, I'd be able to tell you, chest swelling with pride, that Mr Chris Trotter says of my book that "Slack is to be congratulated" and Philip Temple has declared that "Dr Brash and his supporters are confused but when they have read this guide they will be better equipped to take part in the treaty debate."

If you click here and here to read their respective reviews, you'll quickly see that this would not be an accurate assessment of their position. They'd be quite justified in protesting that it wasn't what they were saying. Putting the old size tens on the other foot for a moment, then, I'll say this by way of response to the reviews: Actually, that's really not what I was saying.

Before we get to the weightier issues, let's look at the pictures, because both Temple and Trotter mention the photo of Don Brash which graces the cover.

Authors, so far as I've noticed, don't often offer you a lot of insight into the design aspect of their books, so let me take you inside the building at Penguin to tell you how the cover of Bullshit Backlash and Bleeding Hearts was conceived. (Actually by doing this I'm repeating one of the sins of hauteur that Trotter upbraids me for: dwelling on the insider's point of view. If you find this condescending, by all means skip ahead and rejoin us a few paragraphs on).

If you turn to the back cover of your copy, you'll see that it was designed by the estimable Jenny Nicholls, who is the Art Director for Metro. We spent half an hour or so one morning talking about the way you might present a book with the working title of The Confused Person's Guide To The Great Race Row. The book was intended to be a topical, accessible read for people who weren't necessarily sure what to make of the whole debate, and who might appreciate knowing some more about the background to it.

We all agreed that there could be at least 1001 ways to turn people off with a topic like this: too boring, too preachy, too inaccessible, too worthy, too confusing, too much of something you've already heard too much about. The cover alone stood to have that effect, before they even got to the content.

We talked about all kinds of images you might put on the cover - something symbolic? Something abstract? Something humorous? Jenny was quite sure it should be topical, and we agreed she was right. The whole reason we were talking about this book was because the response to Don Brash's Orewa speech had been enormous. It seemed only logical that his image should be there. Thus: a book about this almighty debate for people who are confused by it, and a picture on the cover of the man at the centre of the row.

Philip Temple saw it a little differently:

Slack's own case is clear from the outset. His sub-title, "A confused person's guide to The Great Race Row", lies beside a picture of Don Brash. Ergo, Dr Brash and his supporters are confused but when they have read this guide they will be better equipped to take part in the treaty debate.

There's no question that the book takes Dr Brash to task for many of the arguments he makes, but the notion that he actually represented the eponymous Confused Person is, I must report, entirely fallacious.

The more substantive question, of course, is the implied condescension that Temple sees in this. Trotter seems to share that opinion, and takes it a little further.

The reader is assumed to be unsure of the issues, uncertain of the history, unfamiliar with the arguments - and in urgent need of a "guide" to "the Great Race Row". No worries, Slack is here to share with us the insights of the insiders.

As he puts it: "Although I'm no expert, I'm familiar with, if you like, the scene of the crime. I've worked with a number of the people who have had important roles in the story. You'll hear from them - as well as a number of other authorities and important players - throughout this book. My role here really is to be your guide, and ask the questions on your behalf."

And there you have it, the problem at the heart of the furore over race relations in New Zealand: "authorities" and "important players". Until very recently, the entire race debate has been dominated by a cosy circle of bureaucratic, academic, ethnic and political elites. Having arrived at a consensus regarding the Treaty of Waitangi and its role in New Zealand society, these elites were - prior to Brash's Orewa speech - all but unchallengeable by persons or groups operating outside their hallowed precincts. Slack's book is little more than a description of, and justification for, elite consensus formation - a process that he, as a former prime-ministerial speechwriter, had a hand in fashioning. As such, it offers nothing to the reader in search of a broader, more open-ended discussion of New Zealand race relations.

I don't think so. Let's take a look at this. Forgive me if I'm being unduly sensitive, but I sense some sarcasm in this: The reader is assumed to be unsure of the issues, uncertain of the history, unfamiliar with the arguments - and in urgent need of a "guide" to "the Great Race Row". Well pardon me for misunderstanding what people were telling me as I wrote the book (and continue to tell me since it was published). Many of them professed to feeling confused, and many of them told me they appreciated having an accessible book to put a somewhat bewildering argument into some kind of perspective.

I do regret that I didn't leave in a passage about the way governments had developed Treaty policies without necessarily going to any great length to explain or justify what they were doing. Leave people out of the loop, I wrote, and you create a kind of political bungy cord that will only stretch so far before it snaps back. It's a theme I've repeated often enough in interviews about the book, and with a little more time, I would probably have found a place for it, but it didn't fit well in the narrative of the chapter I initially wrote it for, and then the deadline came rushing up.

But would Trotter or Temple necessarily lament its omission? Perhaps not, given that they seem to see it as condescending to suggest that because people are not well-informed about an issue, the quality of the debate may be compromised. Or as I wrote in the introduction: You can't argue productively about something if you're not clear what it is you're arguing about.

I think there's no question that policymakers let the process move forward without necessarily taking people with them. Trotter implies as much in complaining about the debate's capture by a cosy circle of bureaucratic, academic, ethnic and political elites and their unchallengeable consensus.

I also think it's fair to argue that a great many of us came through our education with little knowledge of the history that has since been told at all those Waitangi Tribunal hearings.

But Trotter and Temple seem to think it's condescending to say so. I can't agree. You know a fact or you don't. The value judgement is theirs.

They also seem to think that in making this suggestion I'm implying that people will see the light and the true way if they acquaint themselves with the facts. Well, actually no, that's not what I'm saying. Again: You can't argue productively about something if you're not clear what it is you're arguing about. I'm just arguing, as I have been since I wrote the blog and put up the quiz, for the debate to be conducted on the basis of actual facts and not unsubstantiated assertions.

I'm talking about fundamental bedrock facts - the basic ones that explore what position Maori were in and how they were living at the time of the Treaty; the way in which the deal was struck and then welshed on; and contemporary facts such as: just how much money is allocated preferentially to Maori? What specifically, are the preferential democratic rights that are accorded to Maori?

Perhaps I just don't mix with the right crowd, but I seem to have encountered a great many people who aren't too sure about a lot of these things. Of course Chris Trotter and Philip Temple will be acquainted, as I am, with people who are, indeed, very knowledgeable about it, and who have come to conclusions quite at variance with the ones on offer in my the book.

There is undeniably more than one way to look at this. But I don't think my book is such a triumph of polemic that it would be impossible to read it, become better informed about the issues, and yet still come to conclusions at variance with the ones I suggest.

When Temple frames my argument as: Dr Brash and his supporters are confused but when they have read this guide they will be better equipped to take part in the treaty debate, he misrepresents it. I say that I've encountered people who support Brash's stand (or what they perceive it to be) who argue in his favour on the basis of assertions which they can't substantiate. Such people, I argue could benefit from acquainting themselves with some solid facts and history. But "some" as they'll teach you in primary school maths, is not equivalent to "all". I freely acknowledge that there are, among Brash's supporters, people who have reached their opinions on the basis of considered and thoughtful assessment of the arguments, but I challenge anyone to demonstrate that the converse of that proposition is not also true.

Condescension, though, is just one of the book's flaws, it seems. I also commit the intellectually indefensible sin of failing to talk to the right people. Trotter claims I effectively exclude dissenting voices. It's as if someone writing a book about the Iraq war confined their questioning to Bush, Cheney, Rumsfeld and Perle, he protests.

And the basis for this proposition? He has carefully counted up the words in every indented quotation and divided these voices into three groups (and here I'm playing fast and loose with his words, but I think the interpretation is sustainable): acceptable, tolerable and hard to stomach.

The results, he says, speak for themselves. But just in case they don't, he takes the rest of a page of the Listener to do it for them, pronouncing BB&BH to suffer from an extraordinary lack of balance: far too much space for the hard-to-stomach views and bugger-all of his favourites. Nowhere, he complains, do I interview, or quote extensively from the writings of such scholarly Treaty critics as Jock Brookfield, Andrew Sharpe. He finds to his horror that Stephen Franks gets 267 words and Don Brash just 475.

Well, let's start with Dr Brash, shall we? I recommend a rather less myopic appraisal of the text. Let's take Chapter One, where I summarise the objections marshalled by Brash in his Orewa speech. We then proceed to a history lesson over the following nine chapters and then all but three of the remaining eight chapters are given over to a checking off, one chapter at a time, of each of those objections raised by Brash. I believe this is known as analysis. He may characterise this as little more than a description of, and justification for, elite consensus formation, but to reach that impression, I'd argue that an attentive reader would have to close their eyes at pretty regular intervals to avoid all encounters with contending points of view.

Trotter pronounces the book to be inexcusably lacking in even-handedness, but if a book which succinctly marshals the criticisms propounded by the year's most celebrated and visible critic of Treaty policies and then adduces - issue by issue - responses to those points is lacking in balance, well, you know, mea culpa and all that.

Trotter complains that I don't interview, or quote extensively from his prescribed list of academics. I think we need to consider the nature of the publication to get a better perspective on this. In the publishing vernacular your Confused Person's or Dummy's guide signifies a particular style - in my experience: an accessible, easily-digested primer. To be sure, I wasn't adhering strictly to that design, but the meaning, I'd have thought, was clear enough: the approach of the book would be to offer readers a way in to a subject that may have hitherto seemed too dull, too daunting, too forbidding or in some other way, not worth the bother. See the book in those terms and I think you have to accept that an extended intellectual discourse was not likely to have been a productive approach to take. There is, as even the bibliography of my own publication indicates, no shortage of writing of that character already available.

In terms of priorities for the book, they were: firstly to get the history set out and secondly to explore the Brash arguments. The third priority would be to explore the interpretations, analysis and opinions that have swirled around the topic. Accommodating the first two in an accessible 60,000-word book is challenge enough, but making room for the third is the point at which you really start to debate just how much ground can be realistically covered.

Given that much of the trouble has arisen because a cosy elite has, according to Trotter, foist these policies upon us and brooked no challenge, would it not be a good idea to devote a reasonable amount of space to ask those people to account for themselves? You will also, as it happens, find mention of dissenting voices and contending arguments, but, no, I didn't give over page upon page to them, and I don't believe it would have been wise to try.

I must confess, though, I'm having a little difficulty squaring Trotter's argument here with the one he makes elsewhere that it's okay for people to support the Brash objections to the whole Treaty process without being able to substantiate their reason for taking such a position. If I recall correctly, he's argued that it's sufficient for people to feel intuitively that something is wrong without being able to explain why. As a foundation for constructive debates goes, that approach seems to me far more likely to incite the kind of civil war he has been brooding darkly about than any stylish apologia for the government's Treaty policies.

Let's move on to the substantive issues of the debate itself, which Trotter eschews, but Temple is willing to raise. He writes:

The underlying presumption is that the Government has it more or less right and the rest don't have much to offer. Slack seems unaware that he is part of a long political tradition in New Zealand of missionaries who have always been certain how the settlers should behave towards Maori.

Depends how you interpret it, I guess. What one historian sees as certitude, another speechwriter regards as merely strong phrasing. I wouldn't say this text was particularly prescriptive. You review the history, you explore the arguments for and against the policies that have developed, you come to some conclusions. For the record, I don't regard the conclusions this book offers as the last word on the subject, but I see little wrong in arguing, as I do, for reasoned and inclusive solutions to problems that might otherwise become intractable if we should see more of the intolerance that Brash's speeches have, wittingly or not, encouraged.

Temple also takes issue with a number of matters left unaddressed in the book.

Slack produces figures that show Maori households receive $2.3 billion in benefits and welfare payments, but the Maori economy pays out more than that in tax: $2.4 billion. A confused Don Brash supporter might ask: "So who pays for all the other services Maori enjoy?"

Fair enough. The implicit point, I'd argue, is that the turning tide of Maori economic performance has thus far yielded an encouraging outcome. There is every reason to suppose that the growing participation of Maori in tertiary training and new economic activities the chapter describes will yield further improvements and meet yet more of those costs.

He notes that I fail to observe that:

The treaty has come to be seen by many as a one-way street, a document that enables Maori to claim and receive apologies and compensation from a largely Pakeha Government without reciprocation, let alone thanks.

Since the expansion of the Waitangi Tribunal's brief 20 years ago, there has been a claim and settlement process which inevitably casts the ancestors of today's Pakeha as villains and of Maori as victims.

It does not matter whether the claims are justified - as most of them are. Pakeha are required to carry a moral burden. The moral climate for Pakeha is worsened by some Maori leaders saying they do not belong here, their culture is elsewhere and describing up to eighth-generation non-Maori as settlers or strangers.

Slack quotes a treaty expert, lawyer Alex Frame, as saying that "co-operation" should be the buzzword to replace "partnership". Good idea: but co-operation involves two parties. If Maori want continuing support and sympathy for their needs and aspirations, they need to bring Pakeha into the waka by acknowledging they are not settlers or strangers anymore but, vide Michael King, indigenous people, too.

I'm not saying that bringing Pakeha into the waka is not desirable. On the contrary, I'd have thought it was implicit in precisely those passages on cooperation, and that the casting of a moral burden of the kind he describes cannot surely endure in a functional cooperative relationship.

But I wonder if he doesn't assume his own prescriptive missionary position in making so much of an obligation on the part of Maori to express their gratitude. Has such gratitude been entirely absent so far? If so, what should we make of the manner in which Ngati Whatua received and gifted back property to the city which had taken so much from them? Moreover, just how many are behaving in this unacceptable way? Are they numerous or would they be better characterised as the squeaky wheel the media will always go running to film?

The implication that the text somehow sanctifies Maori is, I would suggest at odds with the inclusion of remarks by Cullen and Tamihere about rorts. There are Maori, they point out, who have been at fault also and have done the process no favours.

Temple then asks if I've really addressed the questions that matter.

Dame Anne Salmond is quoted as saying: "This idea of pure culture is mythological, and possibly quite dangerous. Like pure race, pure culture - this idea that you have a pure essence which remains intact over time and has to be protected at all costs. Well, we know what happened in the history of Europe with that kind of idea."

While stating that the Crown must honour the promises in the treaty, she also says that "it allows for whakapapa to join. People get married and end up with a foot in both camps - that should be a basis on which we go forward together, rather than seeing the treaty as an instrument which cuts us in half as a nation".

Slack spends no time at all on Article 3 of the treaty. He examines Articles 1 and 2 at length but he sees Article 3 as simply giving Maori the rights and privileges of British (New Zealand) citizenship. End of story.

In fact, as Anne Salmond's words suggest, it is the beginning of the story. If you sign up to being a citizen, you sign up to defending the rights and privileges of being a citizen. These are not created and handed down from on high. They are created and improved by all citizens working together, making a better future by the people for the people in the name of the people, not just for the benefit and improvement of one group.

In the treaty debate, Pakeha must acknowledge and right past wrongs. And also acknowledge how enormously vital Maori culture and vision are to New Zealand's future. On their part, Maori must acknowledge the Pakeha's place and the value of Pakeha culture and institutions. Then the co-operation that Alex Frame hopes for will be wholehearted.

In the context of the treaty, perhaps it is time to stop the endless wrangling over Articles 1 and 2 and employ Article 3 as the footprint to a future in which all our whakapapa will be joined.

This proposition that I examine Articles 1 and 2 at length but see Article 3 as simply giving Maori the rights and privileges of British (New Zealand) citizenship. End of story is simply not so. I didn't, for instance, include the reference to the Principle of Equality enunciated in the Principles for Crown Action just to pad out the page. Perhaps Temple sees less meaning than I do in the phrase on page 103: the third article made all New Zealand citizens equal before the law.

When he argues that on their part, Maori must acknowledge the Pakeha's place and the value of Pakeha culture and institutions. Then the co-operation that Alex Frame hopes for will be wholehearted, he gets no objection from me. I'd have thought that was implicit in the text, and I'd suggest there is no reason to suppose a fair person might not come to that conclusion after reading this book. Where does it argue that Maori are entitled to a free ride?

Temple enthusiastically adopts Anne Salmond's proposition that People get married and end up with a foot in both camps - that should be a basis on which we go forward together, rather than seeing the treaty as an instrument which cuts us in half as a nation.

He might, perhaps, have mentioned my response to that, namely that I thought the solution suggested by Professor Matthew Palmer might offer a workable link between our present position and the direction in which Anne Salmond and, one takes it, Temple would like to see us going. I don't disagree that a purist approach may ultimately become counterproductive and perhaps divisive, but I think it's premature to suggest we're already at that point.

I would argue that there are some initial steps that need to be taken to achieve broad acceptance and recognition of the historical issues which have brought us to the state we're in, and - equally importantly - a recognition of the nature and place of the indigenous culture.

We may be blending, but this is a process in transition. It's not realistic or viable, I would suggest, to cast cheerfully aside the processes that developed under the bicultural model. It's still too soon to be thinking about that. By all means, reappraise the model, but undermine the recovery of the indigenous culture, and the beneficial effect that it has having on the lives of so many young people, and you create a whole new bundle of problems.

Good legislation, I believe, can play an important part in developing - dare I say it - consensus on the many issues that will have to be tackled.

A historian may not necessarily welcome this suggestion. Anne Salmond gently chided me at the end of our interview for the unduly mechanistic and legalistic approach I and my fellow lawyers like to take to these issues. Perhaps Temple feels the same way. Nonetheless, I have faith in the capacity of the law to help us arbitrate our way through.

I like the Palmer solution because it proposes that rather than drafting laws with general references to treaty principles which you leave to the courts to interpret, you address the specific issues and give effect to relevant treaty principles with specific pragmatic arrangements, expressed clearly and specifically. You debate the issue there and then, and reach your agreement over power sharing and the role of the indigenous culture and the like. Thus we have our debates at a level of greater specificity and particularity. That in turn ensures that we have a better chance of getting our legislation right and acknowledging what the respective obligations are. It also has the value of expressing, at any given moment, our assessment of the contemporary role and nature of the indigenous culture - potentially avoiding some of the problems that might flow from taking a fixed, purist bicultural approach.

There is, admittedly, a lot to grapple with and this technique certainly isn't the only tool we'll require. In terms of method and attitude, though, I think it's a model from which we can take a great deal.

I'm wary of any approach that seems unduly eager to diminish the role of the indigenous culture, whether by interpreting a cross-pollination of cultures and genes as an indication that the issue is being blended away or by brandishing this one standard of citizenship for all slogan. I detect a sentiment in those approaches that seems to say: Can't we just forget about the faults and move on? I suspect we would all like to move on, but I really don't see us doing that successfully without adequately addressing outstanding issues. That job's not finished, in my opinion, and I say as much in the book's closing line: This is no time to quit.