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Hannah Tamaki’s failed bid to secure the Māori Womens Welfare League presidency in 2011 had interesting legal ramifications.
Hannah Tamaki’s failed bid to secure the Māori Womens Welfare League presidency in 2011 had interesting legal ramifications.

ĀteaMay 27, 2019

The fascinating case of Hannah Tamaki vs the Māori Women’s Welfare League

Hannah Tamaki’s failed bid to secure the Māori Womens Welfare League presidency in 2011 had interesting legal ramifications.
Hannah Tamaki’s failed bid to secure the Māori Womens Welfare League presidency in 2011 had interesting legal ramifications.

Last week Hannah Tamaki, Destiny Church co-founder and wife of controversial church leader Brian Tamaki, was announced as the leader of Coalition NZ, a new conservative Christian political party seeking election in 2020. Otago University senior law lecturer Simon Connell remembers another equally controversial leadership bid.

In 2011, Hannah Tamaki was nominated for the presidency of the Māori Women’s Welfare League, the organisation famously lead by Dame Whina Cooper throughout the 1950s. It was the first national Māori organisation to be formed, and the first to provide Māori women with a forum in which their concerns could be aired, brought to a wider national audience and placed before the policy-makers of the day.

The National Executive Committee of the MWWL decided to exclude Tamaki from the presidential ballot and omitted to send the ballot to thirteen league branches that the committee regarded as associated with the Destiny Church, justifying its actions on the basis of protecting the league’s constitutional commitment to non-sectarianism.

Tamaki took the league to Court.

Was this a case of the ‘old guard’ improperly attempting to retain control of an organisation in the face of new membership or an underhanded attempt by the Destiny Church to stack the deck?

The High Court perhaps thought that the case was a little of both.

Background

The Māori Women’s Welfare League is governed by the National Council. The council is made up of delegates from each branch. Branches can have one delegate per 10 members, up to a maximum of 10 delegates from any given branch. The delegates vote to elect officers, including the president, who form the National Executive Committee.

In 2009, Tamaki became a member of the MMWL by joining the newly-founded Wahine Toa branch. The Rangatahi Toa branch was also founded that year. In October the next year she was made president of Wahine Toa and in May 2011 she was nominated for the presidency of the National Executive Committee by Wahine Toa and Rangatahi Toa. One month later, 10 new branches of the MMWL were formed, made up entirely of Destiny Church members.

The committee decided to conduct an inquiry into the ten new branches, which was then extended to three older branches: Wahine Toa, Rangatahi Toa and Taumata. They also decided that the branches under inquiry would not be able to attend or vote in the National Council and Tamaki would be removed from the presidential ballot. The voting papers were sent out without Tamaki’s name on them, prompting her to apply for a judicial review.

The case was heard in the High Court by Justice Stephen Kós (now President of the Court of Appeal) on an urgent basis, with the election just weeks away. Tamaki was able to take the league to court because it’s an incorporated society. That means a court can review whether the committee was acting in accordance with the league’s constitution and with general principles for good decision-making.

What about those ten new branches, though?

Prior to June 2011, there were 347 delegates on the National Council. Ten new branches, all springing forth like Athena, fully-formed and ready for battle (or, at least, ready for voting), times ten votes amounted to 100 new votes for the election in August. Although the branches arguably complied with the league’s written constitution, this raised the question of whether they were legitimate, or formed solely to support Tamaki’s bid for the presidency. The judge identified many things about these new branches that gave him “considerable disquiet” about their legitimacy, including:

  • they were all formed on the same day, in a single meeting, at the same place: the Auckland HQ of the Destiny Church – on the day of the Church’s annual conference;
  • for most of the new members, there was no evidence that they had actually consented to membership;
  • membership subscriptions for all the new members were paid to the league by a charitable trust associated with Destiny Church;
  • “wholesale importation of people into Tāmaki Makaurau region branches who in fact live elsewhere” – disregard for the whenua is indeed puzzling in the context of a Māori organisation;
  • the number of members in each branch fell exactly within the range that led to the maximum 10 votes; and
  • the names of almost all members of several new branches happened to fall within certain letter ranges – G-Z in one case, and L-W in another.

The judge suggested that it would be “surprising” and a “statistical freak” if these last two points happened by chance. However, they are more easily explicable as the result of a deliberate dividing up of a list of names in alphabetical (not geographical) order so as to maximise votes.

Where the committee went too far

The court found that the committee had gone too far in removing Tamaki’s name from the ballot, and excluding the three existing branches from voting. The judge accepted that the league had a constitutional commitment to non-sectarianism however, that did not justify removing Tamaki’s name from the ballot simply because she had a strong association with a particular faith – her suitability for president was a question for the voting delegates. Similarly, although the judge thought that there was “strong evidence” of a connection between the three existing branches and Destiny Church, there was no basis for suspending voting for branches that had previously been treated as legitimate.

So, what happened next?

Given the concerns over the ten new branches, the High Court upheld their exclusion from voting. The League’s elections were held, and Tamaki was not elected president. Later, the league reviewed its constitution which, sadly, resulted in a new rift, this time over presidential terms. That saw them back in court last year.

The case was unique in that Justice Kós’s decision also relied on his finding that tikanga Māori (mana, manaaki and tautoko) was to be given as much respect as the league’s written constitution, raising interesting legal questions about unwritten constitutions.

Tamaki has, of course, been in the news recently as leader of the new Coalition New Zealand party. We could look back on the saga of her bid for the MWWL presidency and see a preparedness to bend, and perhaps break, the rules in pursuit of electoral success (in an interview with Paul Holmes after the court case she said she had no regrets).  It remains to be seen how she will fare while seeking election as an MP.

This piece is adapted from an article originally published in the 2011 Otago Law Review.

Keep going!
Takunda Muzondiwa delivers her speech at the national Race Unity Speech Awards. (Photo: Ben Parkinson)
Takunda Muzondiwa delivers her speech at the national Race Unity Speech Awards. (Photo: Ben Parkinson)

SocietyMay 16, 2019

Yesterday I was African, today I am lost: A speech by Takunda Muzondiwa

Takunda Muzondiwa delivers her speech at the national Race Unity Speech Awards. (Photo: Ben Parkinson)
Takunda Muzondiwa delivers her speech at the national Race Unity Speech Awards. (Photo: Ben Parkinson)

The annual national Race Unity Speech awards happened in Auckland on Saturday, where six of New Zealand’s best high school speakers addressed how we can improve race relations. Year 13 Mount Albert Grammar School student Takunda Muzondiwa spoke about struggling to stay connected to her home in Zimbabwe, while trying to create a new home in Aotearoa. 

At the age of 7, my family immigrates from Zimbabwe to Aotearoa. I pass through Customs but my culture is made to stay behind. In the classroom, I am afraid my tongue will beat back to its African rhythm, be concussed by fear, have amnesia turn all its memories to dust.

Yesterday I was African, today I am lost. Maybe I was blinded by the neon sign of opportunity, failed to read the fine print that read: “assimilate or go back where you came from”.

I have been led astray, like Eve to the snake, like promises of wealth to the prodigal son. I am a child of the diaspora, a common thread amongst my people in the fabric of what displaces us from our homes. Sometimes it’s by choice, most often it is not. To be a child of the diaspora is to battle two tongues and be forced to trade one for another so much so that my articulation of the English language now tastes like the un-birthing of my country.

When I return to Zimbabwe to connect with my roots I feel I am a jigsaw piece in the wrong puzzle. Zvinochikisa kuva mhunu asinga ziva nyika yangairi yake pekutanga. It’s an emptying feeling, to become foreign to a country that was yours to begin with. I am beginning to forget the taste of my own language and home has become just a memory.

Home is a concept that feels somewhat elusive to me because while I’m a resident in Aotearoa, coming from an immigrant family, I’m in a position that pushes outside of my social and cultural comfort zone. Like most immigrant families my parents migrated in search of quality education and success for their children.

When I reflect about how race has affected me personally I realise that at some point I came to believe that the only way I was going to reach those aspirations that my parents desired for me was to assimilate to the culture and assume the values and behaviours of New Zealand, thus neglecting the qualities which were inherent to me as Zimbabwean.

Unfortunately, these same kinds of beliefs are common amongst ethnic minorities. I believe the power to re-empower those marginalised communities is in the hands of our educational institutions.

In Aotearoa, Māori students are falling behind on every measure of educational outcome including secondary school retention rate, school leavers achieving NCEA Level 2, and the rate of youth in education or employment. However, those who attend Maori immersion schools perform much better and achieve much higher in NCEA, university and employment. It’s clear that systemic bias and the enduring legacy of colonisation is behind this ongoing disadvantaging of Māori people.

It is an unfortunate recurring issue that students of minority groups tend to feel as though they don’t belong in an educational context because there are lower expectations of them. It’s time our educational institutions place a greater emphasis on language, culture and history. If educators were informed more on these topics they would come into the profession with a different perspective- one where they are less likely to hold racist or biased views.

It’s no secret that the more students feel they belong in an educational context the better they perform. I truly believe we can shift these educational inequalities if we cultivate culturally flexible minds and empower all students with the knowledge that they have both the responsibility and right to be there.

A powerful novel called Decolonising the Mind speaks of the writer’s time in colonial Kenya. He describes how at the time violence was the means of physical subjugation whilst language was the means of spiritual subjugation. Those who were caught speaking their mother tongues in the classroom they would either be physically tortured or publicly humiliated, and that was a critical aspect of the suppression process right? That the language of those being oppressed was dissociated from them. The scary thing is that these same patterns are repeating themselves today among our Māori community as they hold the fear of “what will become of their home when it loses its language completely?”

Takunda Muzondiwa delivers her speech at the national Race Unity Speech Awards. (Photo: Ben Parkinson)

Poet Pages Matam describes language as being both a tool for communication and a vehicle for culture. I find that to be such a beautiful description. Language is saturated with history, culture and memories.  Language and words are powerful tools to inform people of different ethnicities to better understand the world views and perspective of one another.

I believe unity comes from a better understanding of one another as people. The best way I know how to share the perspective of those I represent as a black immigrant woman is through my writing. I write my poetry and I send it to the man who sat behind me on the train last week who had the audacity to touch my hair without even asking.

“I guess the basic human concept of respecting personal space doesn’t apply to you?” I didn’t actually say that which is crazy because I almost always have something to say but in that moment like my split ends my mouth was too dry to speak.

But luckily my hair, my hair speaks volumes. Tangled and twisted there are stories in these in curls. Stories of a mother, father stamped with a number marked as objects sold for property. Stories of my ancestors shackled in cages displayed in zoos the same way you stroke me like an exhibit in a  petting zoo.

It’s twisted and tangled there are stories in these curls. A beautiful possession of my history’s oppression.

You look at me like I am Medusa’s child. Cursed. Making everyone blind to my self-worth. For years I tried to strip myself of this curse with a potion of chemicals despite the burn of sodium hydroxide on my scalp the smell of burning flesh that filled the room I was hypnotised by the prospect of having straight hair cascade around this broken body of insecurity.

Hoping to put myself back together with glued in weave tracks causing receding hairlines as I also mentally recede back, back in time to a time of my ancestor’s inferiority a time of no authority forever believing that I was the target minority.

You can’t tell me to tame this mane because in fact, you are the lion. And in this jungle where racism runs wild, I am your prey you are my predator devouring my history leaving me so raw that my own flesh builds a grave for me to lie in. I’m buried deep in my roots. And I understand I may be dead but God, can you re-humanise the systematically dehumanised?

That poem speaks of my experiences with internalised racism which is a system in which minorities are unconsciously rewarded for behaving in such ways that uphold whiteness and white supremacy. In the words of Dr King, “Somebody told a lie one day… they made everything black, ugly and devil.”  

These lies have people believing that lightening your skin and constantly chemically straightening your hair will draw you closer to success or the ideal standard of beauty.

It is time to replace the lie of racial inferiorities with the truth of a shared humanity. To change we need our media sources to provide a diverse representation of people, portraying people of colour as the standard bearers of beauty, professionalism and success along with their white counterparts.

So dear racism, I’m rewriting the history you gave me because I know the future belongs to those who prepare for it and you have been preparing me for centuries.

Takunda Muzondiwa migrated to New Zealand with her family when she was seven from Zimbabwe and is currently head girl at Mount Albert Grammar School.