Māngere East local Shirl’e Fruean protests a proposed bottle store, March 2021. (Photo: Justin Latif; Design: Tina Tiller)
Māngere East local Shirl’e Fruean protests a proposed bottle store, March 2021. (Photo: Justin Latif; Design: Tina Tiller)

OPINIONĀteaNovember 1, 2022

The alcohol licensing system has failed communities for years. It has to change

Māngere East local Shirl’e Fruean protests a proposed bottle store, March 2021. (Photo: Justin Latif; Design: Tina Tiller)
Māngere East local Shirl’e Fruean protests a proposed bottle store, March 2021. (Photo: Justin Latif; Design: Tina Tiller)

Responding to years of outcry, the government is planning an overhaul of the way liquor licences are granted. Emily Worman, Grant Hewison and the team at Communities Against Alcohol Harm explain why change is so desperately needed.

Mereana Peka is a respected Māori warden who has been working hard to reduce alcohol related harm in Tāmaki ki te Tonga (South Auckland) for decades. Like her mother before her, Mereana takes her duties concerning alcohol related harm, set out in the Māori Community Development Act of 1962, very seriously.

Across the country, the evidence is clear on the harm  alcohol does in the streets and in our homes. Put simply, it’s all about too much access to alcohol. The easier it is to get alcohol, the more harm we see or experience. That’s why Mereana is passionate about stopping the proliferation of alcohol outlets.

Since May 2021, the Turehou Māori Wardens ki Ōtara Charitable Trust has submitted 66 objections to alcohol licence applications and sat through five District Licensing Committee (DLC) hearings. How many times do you think those objections have been fully upheld by the DLC?

Only once.

With our support, Mereana successfully convinced the DLC that a new Thirsty Liquor on Bairds Road in Ōtara wasn’t a good idea. The fact that all three regulatory agencies also opposed a brand new liquor store in this location added significant weight to her opposition. What about the other 65 objections? Some are waiting in the system, a few have encouraged applicants to withdraw, and she has had some success with slightly stronger conditions imposed and variations withdrawn. The majority are approved.

Often, she has to fight being “struck out” as the alcohol industry lawyers argue she shouldn’t have the right to object at all. Currently, the Sale and Supply of Alcohol Act 2012 requires potential objectors to show that they have a greater interest in the liquor licence application than the public generally.

Members of Communities Against Alcohol Harm protesting outside a liquor store in Ōtara, July 2021. (Photo: Justin Latif)

Alcohol industry applicants, including the supermarkets, work hard to successfully strike out objectors on the basis that they live too far away or there is a main road between where they reside and the liquor outlet. Sometimes this leads potential objectors to withdraw. In having to provide their residential address, other objectors have been put off due to privacy concerns. Some objectors report being approached by applicants at their homes to discuss their objections instead of through the formal channels.

If it’s hard for individual members of the public to object, perhaps community groups will have better luck? Not likely. In February 2019, for example, the Gisborne-based Māori group Ka Pai Kaiti had their objection to a new liquor store struck out by the Alcohol Regulatory and Licensing Authority (ARLA) because they didn’t have standing, despite their deep connection to the local community. The same year, ARLA also concluded that our group, Communities Against Alcohol Harm, did not have a greater interest than the public generally. This ARLA decision means groups like us, who are motivated and organised, cannot object to liquor licence applications. Even local members of parliament, local councillors and local boards have had their objections challenged.

This is hard mahi and it wasn’t meant to be this way. The Sale and Supply of Alcohol Act had good intentions. It was written in a way that allowed the community voice to be heard. Miserably, due to the influence and role of the alcohol industry, what we have now is a highly litigious environment that inhibits community participation. This is largely due to the rights of cross-examination included in the act which allow lawyers to cross-examine objectors.

This is why we exist. CAAH navigates objectors through the process and we do everything we can to prepare them for hearings, and protect them during the hearing itself. We are a very small group of largely volunteers. Our heart is in South Auckland, we have a committed group in Ōtautahi, and we have supported objectors in Gisborne, Tokoroa, Hamilton, Southland and Northland to navigate these highly legalistic processes.

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We welcome justice minister Kiri Allen’s announcement that the government plans to change the law to make it easier to object to new liquor stores. We want to see more everyday people participating in this process. Their love for and knowledge of their own communities should not be tested by the alcohol industry.

In drafting the new legislation, minister Allan might like to look to the Resource Management Act 1991 for inspiration. That act includes a section requiring that hearings avoid unnecessary formality and recognise tikanga Māori; cross-examination of objectors is not permitted. These provisions were deliberately included to ensure RMA hearings are welcoming environments for community submitters.

We trust that local people understand their community the best. We are relieved to hear that the proposed changes to the act would remove the ability to appeal Local Alcohol Policies (LAPs), which allow local communities to decide on where and when alcohol is sold in their neighbourhood. The current appeals process is costing councils and ratepayers millions in legal fees, as alcohol companies and supermarkets have thwarted efforts by local communities and their councils to limit the sale of alcohol in their communities.

In Auckland, a provisional LAP has been in the appeal process for seven years, at a cost to the council of more than $1 million in legal fees. The matter is currently before the Supreme Court. There are similar stories in Wellington, Christchurch and Hamilton, where councils have abandoned their efforts to put in place LAPs after facing legal opposition from the supermarkets. Many councils, including the four largest authorities accounting for half of the total population, have halted or abandoned their efforts to implement LAPs.

This has increased the gap between community expectations for greater control over the availability of alcohol, and the legislation that was meant to achieve that.

The entrenched, powerful and extremely well-resourced alcohol industry (especially the supermarket duopoly) have fought tooth and nail to preserve and expand their alcohol licences so they can sell and supply more alcohol, including to very vulnerable communities. Right now, standing up to the alcohol industry is very much a David versus Goliath struggle for community objectors like Mereana. For us, change cannot come soon enough.


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ĀteaOctober 31, 2022

Tikanga tutors: Māori students are still being made to teach cultural competency

Image: Getty
Image: Getty

It takes a village to raise a child. But when it comes to tikanga Māori in schools, a few Māori teachers and students are often expected to raise a village. 

My experience of being Māori at school was impacted heavily by the death of our Māori teacher when I was in year 10. Before that, the Māori department was thriving. Our Te Reo teacher would have done anything to engage us. We were learning tikanga; things were getting done correctly. Māori wasn’t a mess-around free period. She never wanted us to be the token Māori kids. She wanted us to understand our culture that had been ripped from us. But that flipped on its head when she died. 

Your emotion links back to what you believe in, and what you believe in is your tikanga, and your tikanga makes you who you are. We were proud to be Māori when Whaea was our teacher, but to have that stripped away from us, we not only lost our mum, we lost our identity. 

After her tangi, no one came to the marae to check on us – not the senior leaders, not the school counsellor. I couldn’t grieve properly because I had to remain strong for my friends. Imagine that level of responsibility on a kid. It was traumatic. Your teacher is in a coffin, and the only support we got was “If you don’t wanna do your work you don’t have to.” I don’t remember teachers treating us tenderly. There was no empathy. And that’s why a lot of my peers were treated unfairly by teachers or seen as acting out, when really they were just grieving.

Before they found a Te Reo teacher, they gave us a reliever who couldn’t speak Te Reo. There was a massive decline in people who came to class. No one was engaging us. Then, when there was Te Wiki o Te Reo Māori, the senior leaders expected us to teach tikanga, to do the haka for them. They wanted to look progressive, but in their own back garden us Māori kids were failing the subject. It showed me that so many places, including schools, only want Māori tikanga when it’s convenient for them. 

At Epsom Girls Grammar School, Māori students were asked to perform karakia over human remains found on school grounds

Every time they would ask me to teach the haka they would say it would be a good leadership experience and give me more opportunities, but I don’t remember those opportunities coming through. When Whaea would ask us to do it she knew there was something more behind it; she would compensate us kids for helping out. But she did it all herself. Most of us knew she didn’t have support, but she didn’t let that burden us. She would shoulder everything and make sure it didn’t come back on us. 

After she died, the teacher aide and social studies teacher who were Māori were the only ones dealing with the maintenance of the marae. They did all this cooking for us. They were the only people holding it together. The people at the top were supposed to be supporting them. At the time my anger was directed at whichever teacher took charge of the whole department. They were the first line of defence so all my anger would go towards them. 

There was a lot of pressure on the teachers who came after Whaea. They didn’t want another Māori kid to get fucked over. I should have been in the principal’s office, but they protected me. They took care of us in a way that I don’t think the senior staff would have. 

The way our school was set up, the marae was across the road from the rest of the buildings. We were always separate and there was never a merging of the two. 

To do that merge well, there isn’t one answer. First, you have to be aware and willing to make the effort. Schools simply don’t understand tikanga properly. Teachers actually need to be taught Māori history and tikanga. I would have liked for teachers to see from my perspective. I feel like that’s what the school missed. Colonial points of view were forced onto me and my Māori peers. I didn’t care about these old white men who did nothing for me but take my land. That’s where the questions arise – why weren’t we learning Māori history or Māori literature? 

Ihumatao was never mentioned by Pākehā teachers at school. We were going there every day to protest, and the only time you’d talk about it is when some white teachers would start arguing with you about it. It was right in our backyard and we weren’t given the opportunity to understand and study it. In social studies, we did get to study Parihaka. But when I was doing the assessment, the evidence I gathered was kōrero because Māori ways of teaching are passed down through kōrero. My history teacher didn’t validate my evidence because it wasn’t a university cited reference. They questioned the validity, but I got that information from a direct descendant of Parihaka. How can you tell me that their word is not valid, but this British guy who wrote a formal essay about Parihaka is valid? It shows a difference in tikanga. My history teacher probably didn’t understand that.

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Then, there’s just obvious racism. I didn’t realise how big it was in schools until I cast my mind back to all those years. I never raised it because I didn’t think about it. But I shouldn’t have had to because I was a kid. I was suppressed in my voice because they only ever wanted me when they needed me. Which makes me feel mana-munched. Which then made me think that this is okay. As much of an activist as I am, I can’t believe they managed to shut me up like that. 

When I was in year 13 they finally hired two senior staff members who were Māori and Samoan. Until then it felt like everyone in power was white, even though 80% of the school was brown, so to see that change gave me hope. Seeing two brown faces in positions of power, who were empathetic because they were experiencing what we were experiencing, that finally gave us a voice. The new leaders understood us kids more. Once they came into power more cultural representation came out. Language weeks were emphasised because those two pushed for it. It gave power to the people. 

As a youth worker for a Māori-run non-profit, I’ve learned that there is more than one way to teach a kid. Sitting at a desk, head in the books, looking at a laptop: there is more than just that method. Te Ao Māori is about relationships. That’s how we learn – when there’s focus on creating connections and giving opportunities to young people to express themselves. It is about having power with, not power over, which would be a beautiful thing to see between kaiako and rangatahi. Students don’t want to be looked down upon. I don’t want to sit at a desk while a teacher stands in front and dictates over me. I want a teacher who understands me. There should be mutual power. That way you are listening to the kid and what they want to do, while still teaching them what they need to know. 

It’s not about becoming better just for Māori, it’s how we get better together as a society. It will take every culture in Aotearoa learning tikanga for things to be okay for us indigenous people. We aren’t forcing it down your throat; we just aren’t letting Pākehā shove colonial aspects down our throats any more. We’ve been forced to understand colonial tikanga. Now we are just trying to help you understand our culture. Everyone must buy into each other’s tikanga.