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Re:

International treaty examination of the TransPacific Partnership Agreement (TPPA)


To:

Foreign Affairs, Defence and Trade Select Committee, Parliament


Buildings, Wellington
Email: ForeignAffairs.DefenceTrade@parliament.govt.nz

Date: 6 March 20161


From: Catherine Murupaenga-Ikenn
Address: XXXXXXXXXXXXXXX
Email: catherinedavis@hotmail.co.nz
Phone: XXXXXXXXXXXXXXX
SELECT COMMITTEE HEARINGS
1.

I wish to appear before the Select Committee, preferably to be held in Te


Hiku, to speak to my statement about the Trans Pacific Partnership
Agreement (TPPA).

SUPPORT FOR MY STATEMENT


2.

My comments on the TPPA reflect my years of consolidated observation,


research and human rights (particularly indigenous human rights) work
and advocacy at a community, domestic and international level. This
includes interventions on the subject which I helped draft and/or deliver
on the TPPA to the United Nations on behalf of iwi authorities and/or
Pacific Caucuses.

GENERAL POSITION ON THE TPPA


3.

I oppose the TPPA due to the numerous risks it poses for citizens control
over domestic politics, decision-making and the rule of law;
environmental protection; Mori rights and Te Tiriti o Waitangi; our
nations economic wellbeing; investment and investor dispute resolution;
Local Government; and intellectual property and information technology.
I stand with countless others opposing the TPPA both domestically and
around the world, including:
a.
b.

Citizens;
Indigenous peoples;
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c.
d.
e.

Legal, academic, economic, health, human rights and other experts


and professionals;
Local Authorities; and
Elected political representatives.

3.1. In addition, I support TPPA concerns raised by and under the following:
a.

Wai 2522 and other TPPA claims2;

b.

Wai 262 claim, in so far as the TPPA has failed to meet the findings
and recommendations of the Waitangi Tribunals report Ko
Aotearoa Tnei (in particular regarding Chapter 8 of the report,
The Making of International Instruments3);

c.

Action Stations TPPA Facts4; and

d.

Its Our Future New Zealand.5

3.2. While my opposition to the TPPA relates to numerous specific concerns


about the harmful and injurious effect of certain detailed TPPA provisions,
I am also concerned about the bigger picture which connects the TPPA

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dots with the numerous converging agendas and associated crises that
were in and which are escalating to epic proportions at an alarming rate
(the diagram above6 indicates many of them).
3.3. However, on the understanding that many others have submitted the
specific TPPA risks, my submission will focus on the bigger picture issues.
THE WIDER TPPA CONTEXT
4.

As with surface symptoms of physiological human illness and disease, the


TPPA is merely symptomatic of a larger pathology existing today in our
economy and society. Therefore, to develop effective solutions, a deeper
more profound understanding is first required that places the situation in
its proper context.

Language
4.1. First, an important distinction: I will use the term free trade agreement
(FTA) to refer to a category of treaties which typically involve trade tariff
liberalization. However, I will refer to the TPPA as a so-called FTA or
fake trade agreement, due to criticisms that most of its chapters deal
with matters which arent traditionally considered free trade at all.
Rather, the bulk of the TPPAs provisions disproportionately benefit
corporate profit-making agendas to act with minimum State regulation or
interference7 (and correspondingly an alarming reduction of citizens
sovereign decision-making control over our own domestic affairs). This is
one example of an almost infinite multitude of mechanisms used to
benefit (often unfairly) many businesses, financial institutions,
corporations and the obscenely wealthy, which makes farcical notions
such as the so-called free market and trickle-down. In other words,
its simply another form of corporate socialism and welfare
(hypocritically, two concepts which many oligarchs and the super-wealthy
have used to demonize any criticisms against them and to manufacture
bias or advantage in the marketplace).
4.2. As a result, politicians, captains of industry, media and others who
promote the TPPA as an FTA are either being shamelessly misleading,
disingenuous and/or are ignorant of critical relevant data. Similarly,
ridiculing those who oppose the TPPA as anti-free trade is, in all
probability, based on a flawed premise or logic and an extremely worrying
level of ignorance and bias. This false dichotomy serves to confuse and
distract from the truth about the TPPAs (and the so-called free
markets) real bigger picture insidious purpose. It is disturbing that TPPA
proponents must resort to such tactics in order to aid ratifying the
instrument in New Zealand, reinforcing the idea that the TPPA is unable to
stand on its own merits.
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So-called FTA Failed Performance Record


5.

The TPPA is the latest in a generation of so-called FTAs, the history of


which provides valuable insight into their effectiveness. The experiences
of several other countries with jurisdictions comparable to New Zealand
(like Australia,8 Canada and the USA) show their disappointing if not
harmful net socio-economic and environmental effects. For example, of
the 14 largest trade deficits ever recorded in the history of the world, all
happened in the USA, and all occurred post 1992. 1992 is significant as
the date when the USA began entering into so-called FTAs. As the
following graph9 shows, Trade Deficits of the pre and post so-called FTA
era are as different as night and day.

5.1. Agreements like the TPPA are often referred to as NAFTA on Steroids.
Among NAFTAs many criticisms was that ultimately, NAFTA was never
about trade competition between nations; it was about wage competition
between corporations and workers.10 In other words, The point was
never to truly merge [the USA, Canada and Mexico] into a common
societybut to solidify Mexicos position as a source of cheap labor for
U.S. corporations. As a result, Canada and the USA suffered significant
job losses, but across all three signatory countries "the gap between rich
and poor has grown exponentially, and the government's ability to set
public policy has been curtailed in favour of giving carte blanche to
foreign investors.11 The TPPA being an expansionistic innovation of past
agreements like NAFTA, we can expect more of the same.
Ill-fated USA Geo-political Domination Agendas
6.

Theres been much attention in recent years on the failing USA


economy,12 closely connected with now artificially-inflated US petro
dollar value.13 However, with the BRICS14 nations and other countries
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seeking to create a new global reserve currency to challenge US currency,


plus the decline in fossil fuel trade propping up the petro dollar, the USA
knows it must pull out all the stops to protect its very existence (let alone
its position as the number one geo-political power in the world).
6.1. So-called FTAs like the TPPA are, some USA politicians and economists
believe, mechanisms by which the USA can exert a degree of control over
other countries. It does this by either including countries (theoretically
increasing certainty on specific trade matters for the USA, certainty
which is disproportionately beneficial to the USA relative to other
participating nations), or by excluding countries (creating relative isolation
of those trading nations in the marketplace, and thereby negatively
impacting on their trade balance sheet and economy). Notice how the
BRICS and other world currency rebel nations are all excluded from the
TPPA15 and the USAs other affiliated so-called FTAs currently under
negotiation (also highly controversial) the Trade In Services Agreement
(TISA) and the Trans-Atlantic Trade & Investment Partnership (TTIP).
6.2. So, knowing the desperate, aggressively self-serving agendas of the USA
that intensify divisive tensions in the world, why would Aotearoa be so
enthusiastically willing to support any part of it TPPA, or otherwise?
Especially considering that all indicators are that the USA (much like the
doomed fossil fuel industry it relies so heavily on) is in its final death
throes as a powerful nation state, meaning that it will quite likely lose its
influence as the most relevant geo-political force on the planet?
Corporate Colonization/ Coup dtat
7.

The USAs agenda to use the TPPA to leverage its unfairly beneficial
geopolitical position seems disturbing enough. However, at least we can
hold hope that its nations citizens will exert their collective will, moral
compass and loyalty to a broad range of democratic, environmental and
human rights values to ultimately curb the worst excesses of USA
megalomaniac tendencies (as US citizen opposition to the TPPA is
currently demonstrating).

7.1. On the other hand, another highly influential group of TPPA architects16
transnational corporations - have (and continue to have) primarily one
motive, and one motive only: i.e. profit-making. And unfortunately, their
affiliated shareholder base also has a high regard for that primary motive.
In addition, these shareholders are typically emotionally disconnected
with the suffering of citizens or the environmental harm that occurs in
any countries negatively affected by their corporations behaviours.
Therefore, while not impossible, theyre less likely to reign in immoral
corporate behaviour (like the creation of a TPPA that is for the most part a
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deliberately ruthless expansion of corporate freedom to make profits,


while sacrificing environmental wellbeing and fundamental human rights).
Indeed, shareholders reward their corporate Boards of Directors and
CEOs with obscenely high salaries the higher their profit producing
performance is (despite what environmental or human rights violations
may have been committed in the process).
Concentration of Personal Wealth and Power17
7.2. However, behind the amorphous corporate personalities are a relative
handful of individual empires from an equally small clique of families
often referred to as the 1% (including the likes of the Koch brothers,18
the Rothchilds, Rockefellers and so on). Using the follow the money
formula, these individuals and families have been shown to have a clear
history of involvement across key sectors in society: for example,
business, industry, food supply, educational institutions, pharmaceuticals,
media and politics. This has helped over the years concentrate ever
increasing amounts of the worlds wealth and decision-making power
under their control (and the control of other favoured individuals) as well
as under the control of an ever-decreasing group of their affiliated
transnational corporations. Instruments like so-called FTAs are just one of
an array of instruments - a Trojan horse - to expedite such alarmingly
avaricious agendas of the oligarchic elite and gain ever increasing socioeconomic power and domination an insatiable thirst for which there
seems to be no end in sight19 (even in the face of grave socio-economic
suffering of We, The People who will be either forced to rise against it, or
tragically succumb to a miserable end made all the more pathetic by the
farcical realization that it was all totally preventable). Correspondingly,
this means a reduction in the decision-making power and influence of
ordinary folk in all areas of their private, public and civic lives, and an
alarming growing gap between the haves and the have nots. In other
words, people are becoming (or have already become) so subjugated and
oppressed that the one wonders whether there is any longer a clear line
between it, and slavery.
7.3. The upshot is that the TPPA, as located in this wider context, is a part of a
failed neo-liberal capitalist economic system which in its current form
cannot be sustained in the long term.20 Indeed, using the well-established
cause and effect principle of follow the money, we observe a clear link
between the vast army of deliberately employed neo-liberal capitalist
mechanisms, including so-called FTAs, and:
a.
b.

Externalization of the costs of production;


Violation of human rights, in particular indigenous human rights;
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c.
d.
e.
f.

Environmental destruction;
Perversion of legal and justice systems;
Corruption of democratic decision-making systems21; and
Re-distribution of wealth and power from the masses of society to a
relative few super influential and rich people and companies
(correspondingly a growing gap between the rich and the poor,
including a middle class that is disappearing at an alarming rate).

7.4. This is all the more a troublesome situation given the TPPA is an economic
instrument, and the original meaning of economy is about careful,
restrained and efficient management of resources the exact opposite of
what post-industrial neo-liberal economies seem to be achieving today.
Growing Social Instability a national security issue
8.

In a time of an unprecedented number of converging system failures and


risks22 (most notably economic volatility, peaking of natural resources,
and the most pressing peril of our time - climate23 crisis), there is only so
much more pressure civil society and the systems that support life on
Planet Earth can handle. Our elected representatives and public servants
(who have all taken oaths of office to uphold law24) fail to heed the
warning signs at their peril, as their appalling lack of true leadership and
inaction (which, some say, borders on treason) fuels civil unrest. As many
social commentators have observed, those who make peaceful
revolution impossible make violent revolution inevitable.25

8.1. Therefore, its not just the ISDS and other TPPA threats that our
Government ought to be worried about. New Zealand citizens are as we
speak rallying against our Government from the inside (to a nature and
degree only ever witnessed in the times of civil unrest during the 80s
anti-apartheid resistance and nuclear free protesting days):
a.
b.
c.
d.
e.
f.
g.

Waitangi Tribunal claims (see para 3.1 above);


Petitions to our Governor-General;26
Proclamations of sovereignty by hap;27
The growing number of city and other TPPA-free zones;28
Concerns voiced by health professionals;29
Concerns voiced by legal professionals and academics;30 and
Concerns voiced by labour unions.31

8.2. And our citizens justified concerns are supported by alarms raised by
credible experts internationally, including:
a.

United Nations human rights expert Alfred de Zayas, who calls on


Governments not to sign the Trans-Pacific Partnership without
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reaffirming their human rights treaty obligations and their recent


pledges to achieve the Sustainable Development Goals;32 and
b.

A group of German judges who issued a damning indictment


regarding ISDSs.33

8.3. Demonstrably, We, The People of Aotearoa (to whom politicians as our
elected representatives are accountable to) are saying No! to the TPPA,
and our case is compelling. Our elected representatives need to recognize
that New Zealand citizens would be not only within their rights but
arguably obliged, in the interests of protecting our freedoms and other
values, to aggressively escalate action against a wilfully-blind Government
that fails to listen to the People to whom it was mandated and
established to serve.
8.4. For example, there is growing interest in, and inspiration taken from, the
successful action taken by the citizens of Denmark against their
Government in the international court of justice last year.34 The
coalescing moral and legal arguments for pursuing such action are still to
be determined but may include:
a.

The Crimes Act 1961 , s98(1)(b) Dealing in slaves: Every one is


liable to imprisonmentwho (among other things) employs or uses
any person as a slave, or permits any person to be so employed or
used;35

b.

The Terrorism Suppression Act 2002, s5 Terrorist act defined: An


act is a terrorist act ifit is intended for the purpose of advancing
an ideological cause36and withtheintentionto unduly compel
or to force a governmentto do or abstain from doing any act; and
intended to have the outcomes of:

c.

i.

the death of1 or more persons or a serious risk to the


health or safety of a population37; and/or

ii.

major economic loss, or major environmental damage;38 and

Internationally recognized human rights standards, including:


i.

The Universal Declaration of Human Rights;39 and

ii.

The various civil, political, economic, social, cultural and


indigenous rights.40

CONCLUSION
9.

Our Government would therefore do well to contemplate just how much


more the people of New Zealand can take before were pushed to the
brink. When that happens, the words of our own Prime Minister might
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take on more direct, profound meaning as a domestic civil unrest issue of


national security: consequences of inaction are not theoretical. The
human toll is real. Its time for it to stop talking about whats right and
do whats right.41 Therefore:
9.1. I declare my home and place of residence wherever that may be, to be a
TPPA-free zone;
9.2. I call on the Crown and our Government to:
a.

Respect and protect New Zealand citizens human rights;

b.

Honour the Crown Te Tiriti o Waitangi guarantees to Mori to


actively protect our responsibilities, rights and interests;

c.

Recognize the need to take all steps to mitigate and adapt to the
climate crisis: and, to facilitate 9.2.a-b above

d.

Hold a binding referendum on whether to proceed with, or


withdrawal from, the TPPA; and

9.3. I call on the New Zealand Governor-General to:


a.

Prohibit the Government from taking any binding TPPA


implementation action; and

b.

Refuse to assent to any enabling TPPA legislation:-

unless the People of New Zealand vote in favour of the TPPA; and
9.4. I urge civil society to:
a.

Educate yourself and your community (including a comprehensive


curriculum in schools) on:
i.

Your human rights;

ii.

The history of currency and money (the most influential energy


of our time, aside from the human spirit), including:

iii.
b.

A.

Fiat vs commodity-based currency, and how debt-based


currency is created;

B.

The harmful socio-economic and environmental effects of


fiat currency; and

Better systems of human rights protection, and money


production and use;

Test the predominant, mainstream, orthodox economic, social and


political belief systems to determine whether they are still consistent
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with fundamental values such as socio-economic, civic and political


human responsibilities and rights, and the imperative to protect and
restore our natural environment; and (should you discover these
once untouchable systems to be obsolete, in violation of these
fundamental values or otherwise unfit for purpose)
c.

Heed the wise observations of:


i.

Buckminster Fuller: You never change things by fighting the


existing reality. To change something, build a new model that
makes the existing model obsolete; and

ii.

Einstein: you cant solve problems with the same consciousness


or thinking that created them; and

in the spirit of that wisdom, generate and implement innovative,


principled, helpful thinking and ideas about how to meaningfully and
urgently transform our constitutional arrangements and
governmental institutions42 so as to ensure full transparency and
accountability of our elected and appointed representatives in
Aotearoa.
Nku noa,

Catherine Murupaenga-Ikenn
(N Ngti Kuri, Te Rarawa)
United Nations Office of the High Commissioner for Human Rights Indigenous
Fellow, 2005

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Appendix One:
FAR NORTH CITIZENS CLIMATE
DECLARATION43
02 November 2015

WE, THE UNDERSIGNED OF THE FAR NORTH OF THE NORTH ISLAND OF


AOTEAROA, NEW ZEALAND, DO DECLARE THAT:
In relation to Climate Crisis
1. We recognize the profoundly alarming warnings of the United Nations (UN) Intergovernmental
Panel on Climate Change (IPCC)44 that:
a. Due to accumulated and continuing Green House Gas (GHG) emissions (including
significant amounts from fossil fuel production and consumption), a projected rise in average
global temperature45 of 2o Celsius is now a critical threat to Earths biodiversity including
humanitys survival;46 and
b. Additional emerging issues now risk a global average temperature rise of between 4 and 6o
Celsius,47 meaning the difference between a newly unpleasant world and an uninhabitable
one;48
2. We are deeply disturbed at reports that we are now in our 6th Mass Extinction of all biodiversity
on Planet Earth,49 due to the combined crises associated with such phenomena as climate change,
radiation fallout,50 the consumeristic-driven and corrupt nature of neoliberal economic systems;
and the survival demands of an ever-increasing human population;
3. We observe with grave concern the already documented local effects of climate crisis as
evidenced by:
a. Increased flooding51;
b. Increasingly powerful storm events, coastal erosion and sea level rise52;
c. Record-breaking droughts leading to increased water security risk53:and that further predicted effects of climate crisis for our local communities include:
d. Fewer frost days in winter and more record-breaking hot days in summer;
e. Increased ocean temperatures ultimately leading to loss of marine life;
f.

Increased incidences of forest fires; and

g. Increased risks to food production, therefore reducing our food security;


4. We acknowledge local iwi Mori opposition and concerns voiced about deep sea oil drilling; and
5. We agree, therefore, that to mitigate unprecedented human suffering and biodiversity extinction,
the release of carbon into our atmosphere (especially fossil based GHGs) must be radically
curtailed;
In relation to Government and Business & Industry
6. We note the absolute incapability of our Government to deal effectively with the oil spill
associated with the relatively minor Rena incident, with no evidence that our Government
therefore has the necessary capacity to effectively deal with a major spill incident;
7. We are sensitive to the many large corporations, especially fossil fuel companies, who act in a
pathological manner against the interests of the environment and society in general, in particular
the ease with which they externalise (seemingly with impunity) the risks and costs of production
onto local affected communities and countries; and
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8. We are mistrustful of international agreements such as the Trans Pacific Partnership which will
only serve to increase corporate and foreign interests influence over domestic law, regulations
and policies thereby making it exponentially more difficult for We, The People, to protect what
we value against Life-destroying agendas;
In relation to Human Rights and Obligations
9. We recall, as the foundation of freedom, justice and peace in the world, our inalienable human
rights to life, liberty, security of person and other economic, social and cultural rights;54
10. We are passionately committed to fulfilling, to the best of our ability, our human responsibility to
protect Mother Earth, her life-supporting systems, and all life which dwells upon her; and
11. We firmly believe that urgent transformative change must be led and demanded by the conscious,
collaborative energies and actions of tangata whenua, citizens, non-governmental organisations,
Faith-based groups,55 socially-minded business leaders and others in society (or, for lack of a
better word, People Power).
WE THEREFORE CALL UPON GOVERNMENT IN NEW ZEALAND TO:
12. Urgently design and implement, in close good faith consultation with We, The People, a
comprehensive, meaningful, action-oriented climate crisis mitigation and adaptation strategy
which transcends Parliamentary politics and election cycles. Such a strategy must include:
a. A focused and aggressive transition from a carbon fuel-based society to renewable energy
technology, including the cessation of petroleum exploration at the earliest possible
opportunity;
b. The constitutional, legal, regulatory, policy and enforcement components required to actively
protect and give effect to all human rights, including Indigenous Peoples human rights56; and
c. Reform of neo-liberal economic operating systems to ensure alignment with true wellbeing
values of, and an equitable distribution of wealth in, society;
13. Otherwise exercise its legislative, executive and judicial powers in a manner which is transparent,
accountable, equitable, inclusive, responsive, effective and in the highest interests of Aotearoas
citizens;57 and
WE FURTHER CALL UPON CIVIL SOCIETY INCLUDING ALL CORPORATE
ENTITIES, BUSINESS AND INDUSTRY TO:
14. Urgently support and/or join with like-minded citizens, groups and organisations (whether
governmental or non-governmental; public or private sector; local, regional, national, Pacificregional or global) in realizing the values and aspirations as expressed in this Citizens Climate
Declaration; and
15. Actively comply with your obligations (whether as citizens, corporate entities 58 or actors with
professional responsibilities in society) to respect human rights and the natural world.

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Further edited 7 March 2016. Note that the substance of the paper remains unchanged despite the edits
which are mostly re formatting and typos.
2
See TPP Legal at: https://tpplegal.wordpress.com/waitangi-tribunal/.
3
See report "Factsheet 9 re Chapter 8, at http://www.justice.govt.nz/tribunals/waitangitribunal/documents/generic-inquiries/flora-and-fauna/wai-262-the-making-of-international-instruments/view.
4
5

See http://www.tppafacts.co.nz/explore-issues/.

See http://itsourfuture.org.nz/tppa-text/.
6
See The World Economic Forum, Global Risks Report 2015, Figure 1., accessible at
http://reports.weforum.org/global-risks-2015/.
7
This is consistent with the now well-known fact that hundreds of corporate advisors were, along with State
representatives, active architects of the TPPA as opposed to affected citizens of the States participating in
the TPPAs negotiation.
8
The Australian Productivity Commissions 2010 report showed no net benefit for Australia from their FTA
with the US: see TPPA - Dont Ratify, p2, at http://itsourfuture.org.nz/wp-content/uploads/2016/02/TPPAreasons-not-to-ratify.pdf.
9
See "Trade Treachery by Alan Grayson at 4:08 mins into the video, at
https://www.youtube.com/watch?v=TdQg_bRt2gA.
10
See Critics say NAFTA's 10-year record validates dire predictions, at
http://www.nwlaborpress.org/2003/12-19-03NAFTA.html.
11
See It's time to renegotiate NAFTA, critics tell Harper (14 February 2009), at
http://www.thestar.com/news/canada/2009/02/14/its_time_to_renegotiate_nafta_critics_tell_harper.html.
12
The USA is in debt to the tunes of USD$19.094 trillion (as at 3 March 2016). Technically bankrupt by
anyones standards: See http://www.brillig.com/debt_clock/.
13
For decades, virtually all oil and natural gas around the world has been bought and sold for U.S. dollars
(See The Economic Collapse, De-Dollarization: Russia Is On The Verge Of Dealing A Massive Blow To The
Petrodollar (13 May 2014), at http://theeconomiccollapseblog.com/archives/de-dollarization-russia-is-onthe-verge-of-dealing-a-massive-blow-to-the-petrodollar). The result has been a demand for US currency that
has kept the value of the US dollar up.
14
Meaning Brazil, Russia, India, China and South Africa.
15
At the Governments TPPA public meeting, Auckland (7 March 2016), the question was asked (ref B Coates
email 8 March 2016) How is the TPPA in the national interest given it doesnt include our second biggest
trading partner, China? Obama had been quoted as saying "if we dont write the rules, then China will write
the rules in the region. And The Government officials answered The TPPA is not part of a pivot against China.
The government wrote a National Interest Analysis. The government says it is not an anti-China agreement.
Want China to join. However, its easy for a small fish in a big pond to declare what they want knowing that
they dont have sufficient influence to achieve their desire.
16
500+ company representatives (and their support personnel) were all privy to the TPPA negotiations. This
makes farcical the Governments claim that trade deal negotiations are ordinarily conducted in secret. Since
when do corporations have the greater democratic right to influence Governmental decision-making than the
affected citizens? Moreover, the excuse of confidentiality is seriously undermined by the continuation of
secrecy four years beyond the signing of the agreement: see Permanent Forum on Indigenous Issues, Joint
Intervention: Aotearoa Item 5: Future work of the Permanent Forum Duty of the State to protect
Indigenous Peoples affected by transnational corporations and other business enterprises (16 May 2012),
para 11, at:
http://www.docip.org/greenstone/collect/cendocdo/index/assoc/HASH01d7/4b55570f.dir/pf12piripi275.pdf.
17
For an overview of the growing inequity between the many who have the least and the few who hold the
most wealth in the world, see the World Economic Forum, Who are the 1%? The answer might surprise you
(14 October 2015), at http://www.weforum.org/agenda/2015/10/who-are-the-1-the-answer-might-surpriseyou/.
18
See Rolling Stone Magazine, Inside the Koch Brothers' Toxic Empire (24 September 2014),
http://www.rollingstone.com/politics/news/inside-the-koch-brothers-toxic-empire20140924#ixzz3mECZ9oo1.
19
Keeping in mind that many of these are the same personalities behind the enthusiastic pursuit of off-planet
outer-space expansionistic aspirations, so they literally know no earthly limits to their greed.
20
Everything, including growth economy mechanisms such as the TPPA, operate within the larger
overarching life support system which has its biological limits. However, we tend to relate to instruments like

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the TPPA in isolation. This is fundamentally flawed: one cant violate the laws of physics (e.g. concerning
infinite growth within finite limits) without perilous consequences. Rather, we must recognize and actively
explore mechanisms and operating systems which are more aligned with the laws of nature e.g. the Steady
State (or stationary) economy: for more information on this model, see http://steadystate.org/hermandaly/.
21
See The Koch Brothers, ALEC, and the TPP (24 January 2014), at: http://wetlandspreserve.org/phpUpload/uploads/Koch_TPP.pdf.
22
See The World Economic Forum, Global Risks Report 2015, accessible at
http://reports.weforum.org/global-risks-2015/.
23
See Appendix One, Far North Citizens Climate Declaration (2 November 2015).
24
For a useful reminder, see https://sites.google.com/site/universalsovereignnz/home/documents/publicservant-oaths).
25
th
Quote of John F Kennedy (35 USA President). Chris Hedges (journalist, activist, author, and Presbyterian
minister) put it another way, that our oppressors determine the parameters of revolt.
26
See TPP: Hundreds gather outside Governor-General's residence (30 January 2016) at
http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=11582294; and for the petition form, see
http://itsourfuture.org.nz/wp-content/uploads/2016/02/Petition-of-the-People-of-Aotearoa-for-a-BindingReferendum-on-TPPA-1.pdf.
27
See Appendix Two and Three (pages 1 and 2 respectively).
28
See New Zealanders Vote No to the TPPA (8 December 2015) at
http://www.scoop.co.nz/stories/PO1512/S00085/new-zealanders-vote-no-to-the-tppa.htm; Waiheke Local
Board declares Hauraki Gulf Islands TPPA free (2 February 2016) at
http://www.stuff.co.nz/business/76492169/waiheke-local-board-declares-hauraki-gulf-islands-tppa-free;
Upper Hutt City Council votes to make the city New Zealand's first 'TPPA free zone' (25 February 2016) at
http://www.stuff.co.nz/national/77221956/upper-hutt-city-council-votes-to-make-the-city-new-zealands-firsttppa-free-zone; Octagon declared a 'TPP-free zone' (30 January 2016) at
http://www.odt.co.nz/news/dunedin/371457/protesters-declare-octagon-tpp-free-zone.
29
See TPPA should not be adopted without a full, independent health assessment (
19 February 2016) at https://www.nzma.org.nz/journal/read-the-journal/all-issues/2010-2019/2016/vol-129no-1430-19-february-2016/6809.
30
See further information at https://tpplegal.wordpress.com/.
31
See for example http://union.org.nz/subject/tppa.
32
de Zayas goes on to say that the TPPA is not an end in itself, but must be seen in the context of the
international human rights regime, which imposes binding legal obligations on States...Trade agreements are
not stand-alone legal regimes, but must conform with fundamental principles of international law, including
transparency and accountability...Should the TPP ever enter into force, its compatibility with international law
should be challenged before the International Court of Justice (ICJ): at
http://asiapacificreport.nz/2016/02/03/tpp-out-of-step-with-human-rights-dont-sign-says-un-expert/.
33

Although this alarm was raised in the context of the TTIP, the ISDS concerns are equally applicable
to the TPPA: see http://newint.org/blog/2016/02/04/german-judges-issue-damming-indictment-ofttip/.
34

See Hague climate change judgement could inspire a global civil movement (24 June 2015) at
http://www.theguardian.com/environment/2015/jun/24/hague-climate-change-judgement-could-inspire-aglobal-civil-movement?CMP=share_btn_tw
35
See
http://www.legislation.govt.nz/act/public/1961/0043/latest/DLM328579.html?search=sw_096be8ed811d488
4_slave_25_se&p=1&sr=2. Note that slave includes, without limitation, a person subject to debt-bondage or
serfdom, and that the TPPA poses the real risk of sinking our country into greater and greater debt which
ultimately falls on We, the taxpaying citizens of New Zealand, to fund the repayment of as has been forced
upon the citizens of Greece and other countries (often coupled with austerity measures) to repay inequitable
international bailout loans: http://greece.greekreporter.com/2016/03/04/greek-bailouts-the-sale-of-a-nationand-the-death-of-democracy/.
36
Arguably, a particular neo-liberalist, capitalist, so-called free market economic belief system is nothing
more than an ideology, and a demonstrably failed one at that.
37
Arguably, with the forecast increase in particular medicines, it could certainly in a direct way make
unaffordable (and therefore unattainable) any aspirations for health recovery (i.e. life) by certain individuals.
There may also be other indirect links to mortality for other New Zealanders with health issues.

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38

The case for economic harm has been persuasively made; and weve already seen how the TPPA can have a
chilling effect on environmental law, policy and regulation and their implementation.
39
Downloadable at http://www.un.org/en/universal-declaration-human-rights/index.html. Note that our New
Zealand Bill of Rights Act 1990 includes the right to life (s8 see
http://www.justice.govt.nz/policy/constitutional-law-and-human-rights/human-rights/domestic-humanrights-protection/about-the-new-zealand-bill-of-rights-act), but that life relates to a particular dignified
quality of life as referenced by other human rights. It does not mean mere survival, or existence as a slave.
40
See the United Nations Office of the High Commissioner for Human Rights website on the core human rights
treaties http://www.ohchr.org/EN/HRBodies/Pages/TreatyBodies.aspx and the United Nations Declaration on
the Rights of Indigenous Peoples at http://www.un.org/esa/socdev/unpfii/documents/DRIPS_en.pdf.
41
Statement delivered by Prime Minister John Key of New Zealand, 1 October 2015, 70th United Nations
General Assembly - General Debate, at https://www.mfat.govt.nz/en/media-and-resources/ministrystatements-and-speeches/70th-united-nations-general-assembly-general-debate/.
42
See for example the Independent Constitutional Working Groups /Matike Mai Aotearoas information
website at http://www.converge.org.nz/pma/iwi.htm (including their January 2016 report); and the NZ
Government-appointed Constitutional Advisory Panels 2013 report at
http://www.ourconstitution.org.nz/The-Report.
43

An initiative of Transition Towns Kaitaia: see us / contact us on Facebook.


The IPCC is the global body of scientists that produces regular reports on the state of climate science, and is widely
considered to be the international consensus authority on the subject. See http://www.ipcc.ch/.
45
Baseline temperature is pre-industrial levels, i.e. before we started powering our economies with coal. (Naomi Klein,
"This Changes Everything: Capitalism vs. the Climate" see book excerpts at
http://www.democracynow.org/blog/2014/9/17/thursday_naomi_klein_on_her_new_book).
46
Taken from the IPCCs Synthesis Report Headline statements from the Summary for Policymakers:
http://www.ipcc.ch/news_and_events/docs/ar5/ar5_syr_headlines_en.pdf. The full Synthesis report is available here:
http://www.ipcc.ch/pdf/assessment-report/ar5/syr/SYR_AR5_LONGERREPORT_Corr2.pdf. Related presentation and video
resources are available here: http://www.ipcc.ch/report/ar5/syr/.
47
Such as sequestered methane being released from vast tracts of melting Artic sea ice: For a more detailed report, see
Catherine Murupaenga-Ikenn, Economic and Climate Justice Paper (draft), at
https://www.scribd.com/doc/266568707/ICF-Economic-Climate-Justice-Paper-draft-3feb2015.
48
New York Times, Optimism Faces Grave Realities at Climate Talks (30 November 2014):
http://www.nytimes.com/2014/12/01/world/climate-talks.html?_r=0.
49
See The Sixth Great Extinction Is Underwayand Were to Blame (Time Magazine, 25 July 2014) at
http://time.com/3035872/sixth-great-extinction/; Stanford biologist warns of early stages of Earth's 6th mass extinction
event (Stanford News, 24 July 2014) at
http://news.stanford.edu/news/2014/july/sixth-mass-extinction-072414.html.
50
This refers to the Fukushima incident. See for example, interview with theoretical physicist Dr Michio Kaku at
https://www.google.co.nz/url?sa=t&rct=j&q=&esrc=s&source=video&cd=2&cad=rja&uact=8&ved=0CCEQtwIwAQ&url=htt
p%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3DvXDEEq_W2vo&ei=CnQ4VIDDKpTY8gX1v4HIDQ&usg=AFQjCNEwXUCD
ypgEyooPpBjzXg5S7LOFSg&sig2=zC3sMA0toz5laT9F1r8d_A&bvm=bv.77161500,d.dGc.
51
Kaeo was hit by two 100-year floods just five months apart, and new data from New Zealands National Institute of
Water and Atmospheric Research showed rainfall in a 100-year flood was likely to be 15 per cent higher than previously
forecast: see New Zealand Herald, Maps show up flood-prone locations (5 November 2013), at
http://www.nzherald.co.nz/northern-advocate/news/article.cfm?c_id=1503450&objectid=11151631.
52
Increasingly powerful storm surges have led to unprecedented coastal erosion in Ahipara: see around 20:50 minutes into
the documentary He Ao Wera (2009), at https://www.youtube.com/watch?v=qxwh_h7V4CE.
53
In 2010, Kaitaia was within two weeks of running out of water, and Auckland had a record dry February: See Kaitaia
water cuts become compulsory; Auckland affected by drought too (3 March 2010), at
http://www.weatherwatch.co.nz/content/kaitaia-water-cuts-become-compulsory-auckland-affected-drought-too.
54
See the UN Universal Declaration of Human Rights, http://www.un.org/en/documents/udhr/.
55
See for example Pope Francis Encyclical 2015:
http://w2.vatican.va/content/dam/francesco/pdf/encyclicals/documents/papa-francesco_20150524_enciclica-laudatosi_en.pdf.
56
See the UN Declaration on the Rights of Indigenous Peoples 2007, downloadable from
http://www.un.org/esa/socdev/unpfii/documents/DRIPS_en.pdf.
57
See What is Good Governance? at http://www.unescap.org/sites/default/files/good-governance.pdf.
58
For example, see the UN Guidelines on Business and Human Rights, at
http://www.ohchr.org/Documents/Publications/GuidingPrinciplesBusinessHR_EN.pdf.
44

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