The National Business Review
June 27 2003

There's no joke in the funny side of government
by James Allan,
Associate professor of law, University of Otago

Laughter is a great joy in life. Like me, some readers might on occasion look back wistfully on Bill Clinton's second term as president. To come into the office, turn on the computer, read the latest joke or story doing the ethereal rounds, and have a good belly laugh. Fantastic.

In comparison, the Labour-Jim Anderton minority government doesn't seem funny at all. Where is any sense of humour in Helen Clark or Margaret Wilson or Phil Goff?

Indeed, one could be forgiven for thinking their government's defining feature (with a few honourable exceptions) is its puritanical, self-righteous bossiness and humourlessness. To be any more politically correct they would have to have a sex- change operation.

But appearances can be deceptive. After a lengthy undercover investigation I can report that in fact the government has a dazzling sense of humour.

Once you cotton on to the fact the government is continually taking the piss, you'll quickly see what I mean. It's a riot, really.

Here's a favourite of mine. It's the one where you tell everyone you want a high- growth economy to take New Zealand back into the top half of the OECD and then you bring in a slew of new legislative and regulatory requirements on business - like more maternity leave, more holiday entitlements, more government ownership of airlines and railways, and new taxes on productive farmers under the Kyoto Treaty.

Better still, you do this all with a straight face. What a scream!

Then there's the one about how a new supreme court costing tens of millions of dollars to house and millions more annually to staff is going to save - yes, save - New Zealanders money compared to the Privy Council, which is free. The irony, the timing, the audacity - brilliant.

How about all the incessant talk of justice and rights in every context you can imagine while Peter Ellis is left to rot because there's claimed to be no new evidence? Forget the fact that many people at both ends of the political spectrum (and I include myself here) think Ellis never did any of the things for which he had to go to prison. And forget the further reality that with a standard of proof in criminal trials of "proof beyond reasonable doubt" even more people think Ellis should never have been convicted. (If there's not a reasonable doubt about Ellis, there will never be a reasonable doubt.)

If you had a sense of humour you would realise it's funny to ask for new evidence that can never be produced when the original evidence on which Ellis was convicted is so lame and unconvincing.

And it's funny the government could give Ellis a pardon tomorrow - or alternatively could bring in an overseas judge to review the merits of the convictions - but prefers to pretend it is somehow powerless in this whole affair and that pardons are for the governor-general (which is formally true but substantively false).

Nope, you've simply got to admire the brazen chutzpah of those who can worry about the rights of (fill in this blank from a list of several thousand "deserving"' choices) while a man who seems to many to have been wrongly convicted of child abuse and had to spend years in prison is simply ignored.

Hey, and what about that timeless old gag about the knowledge economy? Talk about leaving them rolling in the aisle. This is a classic. On the one hand you talk up science and the need to produce critical-thinking young minds.

On the other you act and behave as though alternative medicines have some sort of merit or as though other "worldviews" are as capable of producing (again, fill in this blank from a list of any essential feature of modern life including antibiotics, jet aircraft, computers or open-heart surgery) as the empirical, scientific, yes, western worldview.

Related to that old favourite is the government's move to pretend to measure outputs in the tertiary sector. They're calling it PBRF - performance-based research funding. (The irony of the name itself should have you doubled-up.) Throw in 30 or so millions of dollars to get it off the ground. Add in the deadweight costs of every academic in
New Zealand having to spend about a day filling out bureaucratic forms requiring the worst sort of self-puffery. Then bring in experts from all over the place but don't give them enough time to read and assess what the academics have written and published.

Instead, let the experts just read the self-puffery - which is all they can do when assessments look likely to be done on the basis of about 10 minutes a person. (The government must be subscribing to the Seinfeldian theory that the best way to find a good stockbroker or hairdresser or farmer is not to assess what each does but rather to assess what each says he or she does.)

So don't be fooled by first impressions. Of course, the government has a sense of humour. It must do. Otherwise all the above accounts would be pretty hard to swallow - which neatly takes us back to Bill Clinton.