‘Constitutional trainspotter’ celebrated for upholding good governance
A Te Herenga Waka—Victoria University of Wellington legal academic has been celebrated for the vital role he has played in turning the spotlight on the inner workings of government, drawing on his expertise to hold those in power to account.
Dean Knight, Associate Professor of Law at Te Kauhanganui Tātai Ture—Faculty of Law, was announced as the winner of the Critic and Conscience of Society award for 2023. The Award recognises the vital role he has played in providing valuable analysis and academic expertise to areas of public interest. Administered by Universities New Zealand, the $50,000 award is sponsored by the Gama Foundation’s Grant and Marilyn Nelson. It was established to encourage academics to speak out on important issues.
Speaking to V.Alum from Europe, where he’s on research and study leave, Dr Knight says the award is a huge honour. “I was absolutely chuffed to win this. It’s very special to have my voice and my contribution to Aotearoa’s civic discussion recognised,” he says. “Our role as critic and conscience of society has been enshrined [in the Education and Training Act 2020], and is something I’ve always taken very seriously over the 20 years I’ve been in academia. ”
Throughout his career, Dr Knight has consistently provided insights on the operation of government, promoting the proper use of power and holding to account those in positions of authority. Over the last two years in particular, he has led crucial debate within areas of public law that has resulted in real shifts in government policy, most notably the legality of the government’s response to the Covid-19 pandemic, and the proposed entrenchment clause in the Water Services (Three Waters) legislation.
The self-described ‘constitutional trainspotter’ says recent events have given him much to work with. “When I look at the topics that I often pick up on, there have been some very strong themes around the proper use of emergency legislative power, prudential and clear law-making, open and transparent decision-making and meaningful accountability. Between the incredible powers wielded during the Covid pandemic, Three Waters and severe weather recovery legislation, it’s been a busy couple of years for constitutional law. And don’t forget the array of issues local democracy throws up too, like closed meetings or spats about governance.”
Dr Knight says in the face of pushback from some corners, it’s vitally important that academics aren’t put off entering the public discourse. “You’ve got to take incredible care when commenting on important civic matters nowadays—some public intellectuals are being treated very poorly by some marginal groups when they join important public debates. It’s extremely worrying, even for me despite my area of expertise being relatively vanilla and benign. I’ve got colleagues who are engaging in public debates as critic and conscience in much more difficult spaces and I worry about their wellbeing—if they are being piled on for the views they have, then we are left with an impoverished debate because those sage voices will withdraw,” he says. “That’s why it’s so important that we all support and give solidarity to those academics who are acting as critic and conscience—the things they say might not be welcomed or may be unpopular, but that’s why these ideas need to be heard.”
Dr Knight is proud of his independence and strives to be non-partisan –and his track record shows criticism and compliments across the political spectrum. But he’s quick to point out that he does not claim to be wholly neutral. “When we engage in matters of government and constitutional law, we necessarily bring some of our own ideological baggage—we have a vision of what the ideal state should be and that ideology in part shapes our sense of what good governance looks like,” he explains. “So I can’t be neutral. But I won’t be partisan. And, be assured, I will be one hundred percent robust. Those are my rules of engagement for entering the civic fray.”
Faculty of Law dean, Professor Lee Godden, says it is fitting for Dr Knight to receive this award. “It recognises his strong commitment to advancing the ideas of civic participation, accountability and transparency of government that lie at the core of a democratic and well-functioning legal system. On behalf of all staff at Te Kauhanganui Tatai Ture, the Faculty of Law, I offer heartfelt congratulations to Dean.”
Te Herenga Waka—Victoria University of Wellington’s Vice-Chancellor Professor Nic Smith says the award not only recognises Dr Knight’s expertise in engaging in public debate, it also serves as a reminder of academia’s important analytical voice. “Universities are required to act as critic and conscience of society. By holding those in power to account, academics are helping clarify and resolve issues that affect New Zealanders now and into the future,” he says. “It’s fantastic to see Dean celebrated for his achievements in this space—the University is incredibly proud of him.”