NRT: National lets Shell drill illegally
Illegal drilling in our “Exclusive Economic Zone” gets let off with a “warning”.
Social issues
law
Hager vs police – suppressing debate
The police and Hager are in the process of initiating legal proceedings against each other. The police action against Hager was and is designed to intimidate, to suppress debate. Rod Oram calls shame on dirty politics and the people who perpetrate it.
Hypocrisy and the cost of crime
The Government canned a report on the costs of various kinds of economic crime. RNZ obtained a copy under the OIA, and we can see why the Nats would never have wanted it released…
Terrorism and thoughtcrime
Key is considering bringing in thoughtcrime. Guilt by association. Detaining people because they may commit a crime.
Donations still rolling in for Hager
Assisted no doubt by attempts to have the fund shut down, donations are still rolling in for Nicky Hager’s defence.
Who is trying to shut down Hager defence fund?
The Hager defence fund stands at over $41,000 $43,000 $44,000 and still climbing. But some mean-spirited wingnuts are trying to have it shut down…
Hager defense fund approaching $35K – Make that 40K
The legal defense fund for Nicky Hager is approaching $20,000 $25,000 $35,000 $40,000. Why not help it over the line?
Hager defense fund about to hit 20K – make that 25K
The legal defense fund for Nicky Hager is about to hit $20,000 $25,000. Why not give a little?
Defamation on the net
Stephen Price wrote on an interesting Appeal court decision that relates to blogging and defamation. The decision seems to leave a considerable amount of room for lawyers to continue to explore. But it effectively lays out some guidelines about site responsibilities.
NRT: Key admits the GCSB has broken the law
If the GCSB has access to XKEYSCORE, and XKEYSCORE has information on New Zealanders, then arguably they’ve intercepted it even if that information has been collected by another agency, as they have “acquired” it. And if they actually look at it, there’s no “arguable” about it.
Key’s reputation and the law
An interesting article by lawyer Steven Price at Media Law Journal. Some extracts quoted, but well worth going and reading the full article.
Popcorn time: how craven is Slater?
A nice decision by Justice Asher. We are now sort of journalists. But it left Cameron Slater naked in front of the clipping shears of Matthew Blomfield’s defamation case.
National’s sockpuppet is trying to muzzle press?
Cameron Slater looks like he is the front person for National’s attempt to muzzle the press over their dirty politics for the next few weeks. How else can someone who has been pleading poverty in court seeks a High Court injunction against reporters writing about whaledumps of his emails? Updated with a offer to keep feeding and publicising the whaledumps.
Slater’s privacy conundrum
For me the funniest thing that happened last week was Cameron Slater proudly announcing that he’d put in a privacy complaint about the someone hacking his data. Three days later he finds out that he was the target of a privacy act prosecution for similar acts.
Was a crime committed when Slater accessed Labour’s computer system?
Occasionally erudite disagrees with one part of rocky’s analysis of the legality of Cameron Slater and Jason Ede’s accessing and copying the data from the Labour party’s computer. However he still thinks it is likely to be criminal.
Labour Party Policy on Sexual Violence – A Closer Look
This past week has seen both mainstream media and political blogs of all persuasions, opine with fact-free ranting on the reversal of the burden of proof in sexual offence cases.
A bit of a plea . Sexual Violence is a sensitive issue. The least that ought be done, by those releasing policy around it; the media reporting it; the bloggers opining on it; and us, the individual’s commenting on it; the least we can do is try and make sure we have our facts in order first. Please?
Repost: Not the war on men you’re looking for
It’s headline news again: Labour is trying to take away men’s rights and exile you all to a desert island. If you believe David Farrar, that is.
Does a ‘news medium’ consist of spreading defamation, lies and rumours?
The Whaleoil blog is in court on Monday. There is a full day session in the High Court in Auckland looking at the appeal by Cameron Slater against Judge Blackie’s decision in the District Court that the blog is not a news medium. Therefore Slater was not a journalist, and was therefore not able to protect his sources who provided stolen material to allow him to apparently defame Matthew Blomfield. The decision will probably provide case law about the status of blogs in the law and the responsibilities of news mediums.
NRT: Good riddance to John Banks
The government has been stripped of its legislative majority and its policy programme, especially employment relations “reform”, is now in tatters. Now that Banks has going, we are seeing an extensive rewriting of history by the National government. Kind of pathetic really.
Imperator Fish: Move along please, sir
As a senior member of the New Zealand Police, I would like to respond to allegations that the police were remiss in not prosecuting ACT Party MP the Hon John Banks. There is no police corruption here. We may have been disgracefully, eye-wateringly incompetent, but we are not dirty. Now please move along, as we wish to put this entire incident behind us as quickly as we can, before too many questions are asked.
Highs, legal or otherwise
I don’t use too many drugs because they interfere with my dominant programming addiction/work. But after decades of seeing people using pot, I can’t see any real problems with it if people use it in moderation. I have seen people with problems with excessive indulgence. But I’ve helped neighbours who have subsequently died from alcoholism as well. There is simply no way to definitively and fully protect everyone from themselves. We need to tax and regulate it. And if there is a substance that is fully tested on humans, then I’d have say it’d be pot… I can’t say the same about chemical manufacture of synthetic drugs.
NRT: Time to see if the Ombudsman will keep their word
Last month, we learned that Judith Collins had taken time off a taxpayer-funded trip to China to endorse her husband’s company – a company which had also donated significant sums of money to the National Party. The endorsement appeared to violate the Cabinet Manual, but John Key stepped up and claimed that the Cabinet Office said it was all OK. Then, just a few days later, he admitted that he’d lied about that. In the process, he implicitly raised serious questions about the quality of the Cabinet Office’s advice.
NRT: Climate change: “Adaptation”
No Right Turn notes the typical response from politicians to the Fifth IPCC Assessment report. Perhaps that promoting legislation with a penalty of long prison terms for political negligence would help? It sounds like a good way for lazy politicians to retire. After all the law recognises negligence as being a criminal action in other spheres – why not for our political servants?
NRT: A dirty deal
When the government dropped charges against former Pike River boss Peter Whittall over the Pike River mine explosion, they claimed that the simultaneous announcement that he would pay compensation to the families of the 29 men he was accused of killing was just a coincidence, and that there was no deal. As usual, they lied.
It’s not stolen – I just borrowed it without asking
One of the areas of concern in the current Blomfield vs Slater defamation case was the theft and copying of documents and stored data owned by Blomfield. Slater is covering for the source of this material by claiming he is a journalist. However this guest post argues that clearly his possession of the material in itself constitutes a number of crimes under the Crimes Act. Which makes the police’s refusal to charge Slater without a valid legal explanation rather peculiar.
On Pike
The decision announced today (but made when?) to withdraw the charges against Pike CEO Peter Whittall cannot be left to rest. When did […]
Pike River – Charges against Peter Whittall withdrawn
The charges that Peter Whittall faced concerning the Pike River deaths have been withdrawn. And he and the then directors of Pike River are paying $3.4 million compensation to the victims families. While it is pleasing for the families to receive some compensation for their loss does the sanctity of our justice system require that the prosecutions should have continued?
A knighthood I would back
I don’t support knighthoods. I especially don’t support knighthoods being handed out to people who have just done their jobs at the end of their careers. You know, the gongs for ministers and CEOs. But if you are going to have honours, they should go to ordinary people who have truly gone above and beyond and acted where others failed. Arise, Sir Graham McCready.
I think Judge Blackie got it right.
Cameron Slater simply isn’t a journalists arsewipe. For him to claim the legal privileges, protections and authority that the journalistic profession is just stupid. In the Blackie decision I think that the judge got it right, because one thing that the blogging community should not support is undeclared paid-for advertorial prosecution of individuals by blog operators. I suspect that is what the judge saw.
Collins ducks the questions again
In today’s Herald Judith Collins again sidesteps the questions on trial processes on sexual abuse cases posed last week by Jan Logie and Andrew Little. The Minister for No is now dead keen to be seen to be doing something. I think she should take up Metiria Turei’s suggestion to set up an all-party group to consider the issues. One thing is absolutely clear; all wisdom does not reside in the mind of this Minister.
Bring back Simon Power
This week in Parliament Judith Collins was in full-on “no” mode – no to alternative trial process for sexual abuse cases, and no to changes to the law of evidence in sexual abuse cases rising from Law Commission work commissioned by Simon Power. This morning on National Radio Jan Jordan of Victoria University called for that extensive work to be revisited. I think she is absolutely right; if carried through it can only lead to a better outcome than what we have at the moment.
The Prime Nanny
Parliament’s Chief Nanny has been in full flight this week, trying to slap down questions from Jan Logie and Andrew Little about trial processes for sexual abuse cases. Nanny was very strict. Everyone else had got it wrong, and needed to be corrected. When Nanny got it wrong herself, as she did when answering Andrew Little, she backed off quickly. When he challenged “so you don’t want to change anything”, she found the mild heckling “abusive”, which certainly does raise the bar, at least for herself.
It’s not just about cyber-culture, Judith
The reports of the Roast Busters are chilling. Watching 3 News tonight was very upsetting. Reported responses by the police, John Key and Judith Collins are inadequate. Key & Collins seem to be shifting the focus to cyber-bullying and away from the brutality of the physical acts. [Update: Scuba Nurse – positive steps to make a difference]
Govt responsible for 7 NZ deaths
National has agreed to lower the drink drive limit. Over 2 years ago they blocked a Labour amendment to do exactly the same thing. Their dithering has cost 7 New Zealand lives by their own measurements – 7 lives unfulfilled and families faced with unnecessary grief.
The two legs of Banks’ defence trip each other
John Banks is to stand trial for knowingly submitting a false electoral expenses return. He’s charged, thanks to the private prosecution after the Police failed to act, with breaching s134(1) of the Local Electoral Act. Let’s take a look at the two lines of defence Banks has argued, and how they contradict each other.
NRT: Laws are for little people – again
No Right Turn looks at the police decision on the unlawful GCSB interceptions of DotCom’s communications. Of course getting the police to investigate their own requests for the GCSB to perform an unlawful activity is like putting a stoat in charge of kiwi chicks. Perhaps a private prosecution of the GCSB and the police would be a more productive.