1 00:00:00,120 --> 00:00:02,320 Speaker 1: Explain this to me. Other matters, Explain this to me. 2 00:00:02,400 --> 00:00:06,920 Speaker 1: Which clause of the treaty is the WAITINGI Tribunal using 3 00:00:07,040 --> 00:00:10,680 Speaker 1: when they suggest the government recognized second generation MARI for citizenship. Now, 4 00:00:10,680 --> 00:00:12,360 Speaker 1: if you haven't followed this one, you should be. Because 5 00:00:12,400 --> 00:00:15,240 Speaker 1: John Ruddick brought the case. There was a similar one 6 00:00:15,360 --> 00:00:18,360 Speaker 1: god Headlines recently because it Involdkesha Castle Hughes, the actress. 7 00:00:18,400 --> 00:00:20,840 Speaker 1: In her case, she was born in Australia to a 8 00:00:20,840 --> 00:00:24,000 Speaker 1: New Zealand mum. Her children were born in America, hence 9 00:00:24,040 --> 00:00:28,400 Speaker 1: they didn't get automatic citizenship. Ruddick, too was born in Australia, 10 00:00:28,840 --> 00:00:33,479 Speaker 1: got citizenship by descent, but as children were born offshore 11 00:00:33,520 --> 00:00:36,839 Speaker 1: as well, and descent only operates to one generation. This 12 00:00:37,080 --> 00:00:38,919 Speaker 1: is not, by the way, new law. It is not 13 00:00:38,960 --> 00:00:41,600 Speaker 1: a surprise. It has been this way for decades. So 14 00:00:41,760 --> 00:00:44,320 Speaker 1: the tribunal here is the case, decides the law needs changing. 15 00:00:44,360 --> 00:00:48,360 Speaker 1: My question is on what basis is the tribunal not 16 00:00:48,479 --> 00:00:51,840 Speaker 1: here how well loosely to interpret the treaty And where 17 00:00:51,840 --> 00:00:55,520 Speaker 1: in the treaty does it talk of generational dissent issues? 18 00:00:55,600 --> 00:00:58,480 Speaker 1: Under what clause does it talk of being born in 19 00:00:58,520 --> 00:01:00,720 Speaker 1: Australia and of course it doesn't, because it was written 20 00:01:00,760 --> 00:01:03,640 Speaker 1: in the eighteen hundreds and it is at best vague, 21 00:01:03,880 --> 00:01:06,720 Speaker 1: which leaves it open to interpretation. So the question for 22 00:01:06,760 --> 00:01:08,960 Speaker 1: the hero and now the modern age is how much 23 00:01:09,040 --> 00:01:12,400 Speaker 1: so called law is going on here versus how much ideology? 24 00:01:12,680 --> 00:01:14,720 Speaker 1: Law is developed? Of course, if not by the Parliament, 25 00:01:15,000 --> 00:01:17,280 Speaker 1: by regular courts when they see a gap. They interpret 26 00:01:17,360 --> 00:01:19,480 Speaker 1: the recent Foreshore drama as a very good example. The 27 00:01:19,480 --> 00:01:23,319 Speaker 1: two thousand and eleven law was explicit. The court simply 28 00:01:23,319 --> 00:01:26,280 Speaker 1: didn't like it, so they suggested change. The government had 29 00:01:26,280 --> 00:01:28,680 Speaker 1: to step in. But the Whiting, a tribunal, which remember, 30 00:01:28,720 --> 00:01:31,959 Speaker 1: has no actual legal power, seems merely to make things up. 31 00:01:32,000 --> 00:01:35,520 Speaker 1: One generation isn't enough, so let's make it two. So 32 00:01:35,600 --> 00:01:36,880 Speaker 1: having made it, so what do I make it for? 33 00:01:37,640 --> 00:01:40,200 Speaker 1: Why don't make it really easy? Anyone who remotely feels 34 00:01:40,240 --> 00:01:43,280 Speaker 1: mariy can claim citizenship for any number of offspring, no 35 00:01:43,319 --> 00:01:46,080 Speaker 1: matter where they were born, as long as it feels right. 36 00:01:46,440 --> 00:01:50,639 Speaker 1: Where does the treaty stop and the improv start? Thank goodness? 37 00:01:50,680 --> 00:01:52,480 Speaker 1: The government not going to do anything about this. But 38 00:01:52,560 --> 00:01:56,280 Speaker 1: that's this government. What about another government? What about the historic, 39 00:01:56,400 --> 00:01:59,960 Speaker 1: long term consequences of a tribunal that is running Roughshot. 40 00:02:00,520 --> 00:02:03,400 Speaker 1: For more from the mic Asking Breakfast listen live to 41 00:02:03,520 --> 00:02:06,720 Speaker 1: News Talk SETB from six am weekdays, or follow the 42 00:02:06,760 --> 00:02:08,200 Speaker 1: podcast on iHeartRadio