Showing posts with label Jane Kelsey. Show all posts
Showing posts with label Jane Kelsey. Show all posts

Thursday, 28 January 2016

Protest against signing the TPPA is growing in New Zealand


TPPA developments in New Zealand

Last night I attended a public meeting where the two keynote speakers were Jane Kelsey from Auckland University and Lori Wallach of Global Trade Watch in the United States.

Apart from going through the main arguments as to the purported economic “beneftts” and how this will affect New Zealand's (other other signatories') sovereigny there were two points that were clear to me.

One was,with the determination of this government to sign the agreement and lock this country in the fate of the TPPA depends on what happens in other countries. There is consderable opposition to the Agreement in the United States from both Democrat and Republican sides, (despite the passing of Fast Track) – each for their own reasons as well as opposition in other countries.

For it to come into effect there has to be agreement from the United States plus Japan as well as one or two other players such as, perhaps Canada and Australia.

The position of the United States is the most important and that country's role as a blakmailer and bully. A trade agreement between South Korea and the US went into abeyance for several years for internal US considerations despite the Koreans having agreed. When the US came back to the negotiations they came with new DEMANDS despite the earlier agreement.

There is a lesson to be learned for countres such as New Zealand and other smaller players.

Below is a video of Jane Kelsey's preentation in Auckland the night before as well as media coveage of the event.

I shall post material from Lori Wallach in a seperate post.


This is followed by some of the headlines from the last day or so.





Late last night info came in that the Sky City signing of the TPPA is being moved, if anyone can provide any further info into this that would be great, and also thought must share this info as many maybe traveling to the signing and is important destination is correct!!!





Don't rush into TPP, US critic 




tells Kiwis




Lori Wallach addresses the audience at the Anti - TPP town hall meeting. Photo / Michael Craig
16 January, 2016

A leading American critic of the Trans Pacific Partnership, Lori Wallach, said New Zealand should not rush into the TPP because there were not the numbers to pass it in the United States Congress.
It was not a done deal and could yet become a "5000-page doorstop."
She could not understand why the New Zealand Government was pushing the deal so strongly as it was not a done deal.

It had very little upside for New Zealand and enormous downsides, she told a meeting of about 1000 at the Auckland Town Hall tonight.
Yet New Zealand had been one of the most enthusiastic.
"So I thought it was really important to dig out of the snow and come and say 'guys this is far from a done deal and your Government is trying to run you guys towards a cliff.
"This is no done deal - this is likely to be an undone deal. "
New Zealand might change its laws to meet the terms of an agreement that might never get finished.
"And you'll have screwed yourselves over by passing that law," she said.
"So for God's sake don't go rushing into this because in all likelihood it ain't going to happen."
Lori Wallach is the director of the Washington-based Public Citizen Global Trade Watch Group and tonight began a speaking tour with Auckland University law professor Jane Kelsey against the TPP.





She suggested that discontent in the United States on issues such as the period of exclusivity for biologic drugs or barring tobacco companies from investor-state dispute settlement could be changed in side-letters between the US and other countries.
That was how binding changes could be made to an agreement without opening up the text for renegotiation.
She also said the investor-dispute settlement (ISDS) rules were an enormous risk.
She disputed the New Zealand Government's claim that ISDS - allowing disputes to be settled by private tribunal - would not attract cases.
While the US has had 50 agreements with ISDS and had had hardly any challenges over 50 years, there were now more than 50 a year. And under TPP - an agreement of 12 countries - it would double its exposure with 9500 new corporations from TPP countries being a possible new threat.
And while New Zealand had had no ISDS cases taken against it, it could face exposure to 1608 United States companies - and the US was the most litigious country in the world.
"This is brand new liability. So when your Government says 'we've never been sued,' I say 'hold on to your wallet and your tax dollars because if TPPA happens, it is just a matter of time."


"A propaganda exercise"



Jane Kelsey, New Zealand's leading campaigner against TPP over the five years it was negotiated, took her place at the lectern with a stuffed toy - a "dead rat" she has called Tim, after former Trade Minister Tim Groser has talked of New Zealand having to swallow dead rats.
She said the national interest analysis on the TPP released today by the Government was "devoid of any independent insight" because it was drafted by the officials who negotiated the agreement.
"It is nothing more than a propaganda exercise," she said.
She said the $2.7 billion estimated increase in gdp by 2030 would be, on current growth rates, a mere 0.9 per cent of gdp in 2030.
Next Thursday the Trade Minister of the TPP countries would sign the deal - but that was the end of it.
The national interest assessment would be presented to the House and legislation drafted - but it could not come into force for at least two years.
"We need to make our voices heard from that for at least the next two years."
Politicians from Labour, the Greens, New Zealand First and the Maori Party spoke as well.


Grant Robertson: Agreement undermines NZ's sovereignty




Labour finance spokesman Grant Robertson the Government had undertaken a "secretive, exclusory, unaccountable process driven by the galactic ego and arrogance of Tim Groser."
He quoted from the national interest analysis the sentence he said identified the source of Labour's objection.
"The agreement places new limitations on Government's ability to modify New Zealand's policy settings to ensure they are appropriate for our domestic circumstances."
"That is the nub of the problem here," he said. It undermined sovereign rights.
It could, for example, prevent a Government legislation to get proper public broadcasting.
He said the agreement undermined New Zealand's sovereignty and while there were modest economic benefits from TPP "you cannot put a price on our democratic and constitutional freedoms to make our own law."


"It's about power




Greens' co-leader Metiria Turei said the point of the TPP was "to take power away from democratically elected Government, to give it to multinational corporations" and where their interests clashed with the interests of New Zealand, the investors interests would come out on top. "It's not about trade; it's about power."

Marama Fox: Issue unifying for Kiwis


Maori Party co-leader Marama Fox said the issue had been unifying because now people might understand how Maori felt to have lost their sovereign rights.
"We have been fighting this fight for 175 years."
The party objected to the Government having the power in the TPP to interpret what rights were under the Treaty of Waitangi.
There had been an irrational fear in New Zealand that if you give Maori more rights it would take away others' rights, or that Maori "might do to us what we have done to them."
"That is wrong. We want to live in a country where we recognise our duality of nationhood, that we are here as partners."

"Undermining NZ business"


New Zealand First's Fletcher Tabuteau claimed that New Zealand First had been the most vocal against the TPP and the most consistent.
He said ISDS would give multi-national corporates an unfair advantage over New Zealand companies in New Zealand because only they would have access to ISDS.
He suggested that minimum wage measures or environmental laws passed by the Government could trigger the ISDS and let overseas companies sue the Government but New Zealand companies would have to "like it and lump it."
"It will undermine New Zealand business into the future."
He said National still had the numbers to approve the national interest analysis but opponents of the TPP needed to talk to National MPs.
"Some of those National MPs must fold under your pressure."



TPP analysis confirms sovereignty at stake


The release of old and outdated information about the Trans Pacific Partnership will disappoint the many New Zealanders who want transparency around this controversial deal, Opposition Leader Andrew Little says.
“The National Impact Analysis made public today is nothing new.
“It merely reinforces the marginal gains New Zealand will make – less than 1 per cent of GDP by 2030.
“This is a small economic gain and at the same time our sovereignty is being compromised.
“This analysis confirms the Trans Pacific Partnership will prevent future governments making laws in the interest of New Zealand.
“The public is still in the dark over what this deal means for Pharmac and the future cost of medicines.
“Labour has been behind some of New Zealand’s most successful genuine free trade agreements but this goes far beyond just trade.
“National knows many Kiwis people are opposed to this deal. That is why – despite saying last week they wouldn’t release further details – they have panicked and rushed out this tired old spin,” Andrew Little says.


Trans-Pacific Partnership: Ngati Whatua won't take part in powhiri


"Piripi Davis (L), chairman of the tribe's Orakei trust board, said its "strong opposition" to the TPP meant it would not participate in welcoming ceremonies. Photo / Dean PurcellPiripi Davis (L), chairman of the tribe's Orakei trust board, said its "strong opposition" to the TPP meant it would not participate in welcoming ceremonies. Photo / Dean Purcell
28 January, 2015

Ngati Whatua says it will refuse to take part in any powhiri for international trade ministers when they visit New Zealand to sign the Trans-Pacific Partnership on February 4 because it opposes the agreement.
Piripi Davis, chairman of the tribe's Orakei trust board, said its "strong opposition" to the TPP meant it would not participate in welcoming ceremonies when ministers from the 12 TPP countries gather in Auckland for the signing.
A spokeswoman said the iwi had not yet been asked if it would take part in the powhiri, but in the past it had done so for visiting dignitaries as it had mana whenua status in central Auckland.
It was letting the Government know ahead of time that it would not take part.
Mr Davis said the iwi had supported New Zealand's bid to win a seat on the United Nations Security Council.
"We hosted dozens of UN ambassadors on our marae and welcomed them in a joyous occasion where they could experience our culture.
"We supported that Government initiative because it was building relationships between peoples and nations.
"We cannot support or agree with this particular issue because, in our view, the TPPA will harm not only our people but also New Zealand and its people overall."
Mr Davis said there had been a lot of anger and mistrust voiced about the TPP, and he agreed. The iwi's stance was also out of concern about the commercialisation of traditional uses of indigenous flora and fauna.
The Ministry of Foreign Affairs and Trade could not immediately say whether it already has a group arranged for the powhiri.
Ngati Whatua's stance follows calls from Ngapuhi elder Kingi Taurua for his tribe to refuse to welcome the Government onto Te Tii Marae at Waitangi on February 5 if the National-led Administration goes ahead with the signing.
Ngapuhi is due to hold a hui on February 2 to make a final decision.
Prime Minister John Key has said he intends to travel to Waitangi, but will not "gatecrash" the lower marae if he is not welcome


Thursday, 7 January 2016

New Zealand is being sold down the river in February

TPPA to be signed in NZ – report


Add caption

7 January, 2015

The Government says it's yet to be confirmed where and when the Trans-Pacific Partnership Agreement (TPPA) will be signed, despite reports it would take place in New Zealand next month.

Law professor and vocal opponent of the deal, Jane Kelsey, says the Chilean government has confirmed the deal will be signed on February 4 in New Zealand, with international media stating director general of the country's General International Economic Relations Bureau, Andres Rebolledo, announced the details in a meeting with the Chile's National Human Rights Institute.

Mexico's Minister of Economy, Ildefonso Guajardo, also confirmed the 12 parties would be signing the agreement here in February, according to the country's El Financiero newspaper.

But in a statement this afternoon, Duty Minister Simon Bridges said nothing had been finalised yet.

"Arrangements for the signing of the Trans Pacific Partnership are not yet confirmed, as a number of countries are still working through their domestic approval processes required before signature.

"Further details will be announced when and if they are confirmed."

The controversial 12-nation agreement was reached after five years of negotiations and a marathon session of talks last October.

Once officially signed, the countries will individually begin work on ratifying the deal. In order for it go through, at least six countries – representing a minimum of 85 percent of the gross domestic product of the 12 nations - need to ratify the agreement.

The deal will officially come into effect 60 days after the 12th member country ratifies it.

Jane Kelsey: Offshore confirmation: Ministers to sign TPPA in NZ on 4 February 2016

Source: Professor Jane Kelsey. 
The ministers from the twelve countries who negotiated the the Trans-Pacific Partnership Agreement (TPPA) will sign it in New Zealand on 4 February, a government spokesperson from Chile has confirmed.[1]
The New Zealand government has made no formal announcement, despite reports that it would host the meeting since the APEC summit last November.
‘Consistent with the government’s obsessively secrecy throughout the TPPA process, we have to get confirmation of what is happening in our own country from offshore’, says Auckland University Professor Jane Kelsey, who has led legal action to challenge the government’s failure to release information on the TPPA.
‘Polls have shown the government doesn’t have popular support for the deal. Presumably it wants to limit the chance for New Zealanders to make their opposition heard’, Kelsey said. ‘We were reliably told by offshore sources some time ago that the meeting is in Auckland, but we expect the government to try to keep the actual venue secret until much closer to the day’.
A series of high profile public meetings has been planned for the main cities at the end of January, starting with Auckland Town Hall on the evening of 26th January, followed by Wellington, Christchurch and Dunedin.
The star attraction will be Lori Wallach, director of Washington based Public Citizen’s Global Trade Watch, the organisation founded by Ralph Nader. She last toured New Zealand when the TPPA ministerial meeting was held here in late 2010.
‘The US holds the key to the fate of the TPPA. Lori Wallach probably knows more than anyone about what is really happening in the US Congress and across the corporate lobbies and civil society groups in America. Her insights will provide a reality check in advance of the pr spin that is bound to surround the signing’, Kelsey said.

Friday, 6 November 2015

Jane Kelsey on the TPPA text

TPP: Govt has done 'spin job' - Kelsey
The just-published text of the Trans-Pacific Partnership shows New Zealanders will lose out, according to Professor Jane Kelsey who has been a leading critic of the deal.

Jane Kelsey



6 November, 2015


The government released the legal text of the Trans-Pacific Partnership on behalf of the deal's 12 member countries last night.

The government has said the trade agreement will boost New Zealand's economy by $2.7 billion a year by 2030 but, until now, the public has been kept in the dark as to what the agreement entailed.

Listen to Jane Kelsey on Morning Report ( 5 min 52 sec )
But Prof Kelsey said the government had been doing a "pretty good spin job" having read the text.

She told Morning Report most of the concerns raised over the last five years remained, in particular in relation to foreign investors and their rights to sue the government.

"There's a real legitimacy crisis about these offshore tribunals because the judges, in inverted commas, are actually practising investment lawyers in many cases, and there are still no effective conflict of interest rules in the text as it's been released."

However Prof Kelsey said there was still a long way to go before anything was finalised.

"There will be also be a lot of pressure on parties like the Labour Party to understand that their five bottom lines haven't in fact been met in this text.

"And that they need to take a strong position in saying that they don't agree with the Trans-Pacific Partnership Agreement now that they've seen the details."

She said it would probably be at least two years before New Zealand signed off and further delays could yet come from the US.

"We have an additional prospect that the US will come back and say it won't bring the agreement into force with New Zealand until New Zealand has changed our laws and policies to the US understanding of what's required."

Lori Wallach of the Washington-based advocacy group Public Citizen told Morning Report the text showed New Zealand had made a lot of sacrifices for little return.

"The balance of really having gotten not much of anything as far as market access and dairy, and having exposed your programmes that make your medicine more affordable or that have superior privacy protections, or better internet freedom rules than we have in the US."

The agreement has 30 chapters and associated annexes and over 6000 pages of text.

Trade Minister Tim Groser released a statement on Thursday evening including a link to the text.

He said he was pleased the public would now finally be able to thoroughly review the full text of the TPP before it was signed by governments.

Work on the legal verification of the text would continue in coming weeks, he said.
"Understanding the legal obligations of the TPP will require careful analysis of all documents, given the inter-relationship between many provisions in the agreement."

The government has also released extra information on the estimated economic benefits of the TPP for New Zealand, Mr Groser said.

It will put out a legal summary of the agreement when that work is completed.
The agreement's 12 member countries are: Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, the US and Vietnam.

TPPA text released

BREAKING: TPPA text finally released – too little, too late!
It is not clear whether this will also start the 90-day countdown before President Obama is allowed to sign the agreement under US law, or whether any of the other countries would sign unilaterally before the US does.

Prof. Jane Kelsey


6 November, 2015

‘Today’s release of the Trans-Pacific Partnership Agreement text ends the farcical situation where governments were touting the benefits for the nation with no prospect of any independent assessment to contradict them,’ said University of Auckland law Professor Jane Kelsey.

It is not clear whether this will also start the 90-day countdown before President Obama is allowed to sign the agreement under US law, or whether any of the other countries would sign unilaterally before the US does.
But, Professor Kelsey points out, ‘the legal text is not enough on its own. We need to see the background documents that help make sense of the text, but the parties have vowed to keep secret for effectively another six years.’
‘We also need the various analyses the New Zealand government has relied on when talking up the benefits and playing down the costs. They have been coy about who has done this work, especially the projections of $2.7b benefits for the economy, and stalled on Official Information Act requests to release them, despite the High Court’s rebuke last month’.
A further statement relating to the content of the text will be released later tonight.




New Zealand releases TPP text

The government has released the legal text of the Trans-Pacific Partnership on behalf of the deal's 12 member countries.

6 November, 2015


It is the first time the public has been able to see what the government has signed up to.

Ministers at the start of talks in Atlanta.Ministers from the 12 member countries at the start of TPP talks in Atlanta.
Photo: Twitter / @USTradeRep

The government has said the trade agreement will boost New Zealand's economy by $2.7 billion a year by 2030 but, until now, the public had been kept in the dark as to what the agreement entailed.

Trade Minister Tim Groser released a statement on Thursday evening including a link to the text.

He said he was pleased the public would now finally be able to thoroughly review the full text of the TPP before it was signed by governments.

Work on the legal verification of the text would continue in coming weeks, he said.
"This is a complex agreement, with 30 chapters and associated annexes. The large number of documents released today amount to over 6000 pages of text and market access schedules.

"Understanding the legal obligations of the TPP will require careful analysis of all documents, given the inter-relationship between many provisions in the agreement."

The government has also released extra information on the estimated economic benefits of the TPP for New Zealand, Mr Groser said.

It will put out a legal summary of the agreement when that work is completed.

University of Auckland law professor Jane Kelsey said the government needed to release the background documents to the talks too, so people could make sense of the legal text.

The agreement's 12 member countries are: Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, the US and Vietnam.