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Covert surveillance should not be allowed retrospectively

Written By: - Date published: 3:00 pm, September 27th, 2011 - 55 comments
Categories: law, national, police, same old national - Tags: , , ,

mickysavage at Waitakere News blog*  has an analysis of the legal and unconstitutional implications of the Nationals dubious plan to override the courts with poor kneejerk legislation.

The urgent legislation the Government is rolling out in response to the Supreme Court decision in Hamed is looking like a well-choreographed dance.  Two months before the election the Government is planning to ram through legislation that is constitutionally abhorrent and trying to put Labour in a position where it has no choice but to oppose.  Labour is intending to put up an alternative bill.  But I am sure that it will not succeed and I am reasonably certain that the Government will ensure that its bill has retrospective effect no matter what the damage to our constitution.

There are all sorts of constitutional principles at play here.  Courts determine the law, and if Parliament does not agree with a Court’s interpretation of the law then it has the option to change the law through legislation.  By convention however it does not change the law with retrospective effect.  Citizens need to have the benefit of certainty of the law.  Changes should be gradual and subject to intense scrutiny with the ability of citizens to comment.  And once a citizen is charged it is almost unheard of for Parliament to change the rules.  By doing so it may effectively be legislating to send citizens to jail without the benefit of the rule of law applying and in constitutional terms this is the sort of thing you would expect from modern day Fiji or Zimbabwe, not New Zealand.

It is accepted that where well-settled law is found to be defective or there is a mistake then retrospective legislation may be appropriate. This is why the Government has consistently said that its bill is just to “preserve the common law prior to the Supreme Court decision”.  If this is not the case then retrospective legislation cannot be justified.

So what was the common law before the Supreme Court decision?  A distinction needs to be made between “over the fence” surveillance where the filming occurs from a place where there is authority for the camera to be, for instance in a public place or from property where the owner or occupier has given specific permission, and filming where a trespass has to occur for the camera to be put in place.

There are three decisions, Gardiner (CA239/97), Fraser (CA19/97) and the Court of Appeal’s consideration of Hamed itself. Gardiner and Fraser both involved filming from a place where a trespass did not occur. In each case the Court took the view that unless police actions in undertaking video surveillance are prohibited by statute or otherwise constitute an actionable wrong such as trespass, they are lawful at common law. Gardiner and Fraser involved filming that was considered not to be too intrusive and in both cases the evidence obtained was admitted.

The Court of Appeal when considering Hamed thought that the filming was authorised by the search warrants that were issued and that there was no difficulty in allowing the evidence to be produced.  This was overruled by all of the members of the Supreme Court on appeal.

So none of the cases relied on ruled that evidence obtained through covert surveillance that involved a trespass was admissible.  In two cases no trespass occurred, in the third it was thought the search warrant provided authority for the filming.

When you add the recommendations of the Law Commission in 2007and the fact that the Search and Surveillance Bill introduced two years ago was to address the problems identified in the Commission’s report you really have to question the contention that the law was settled.

The Supreme Court commented on this and formed a totally different view.

Chief Justice Elias said “I regard it as a significantly exacerbating factor that the film surveillance was undertaken deliberately without legal authority, in the knowledge that there was no lawful investigatory technique available to be used.”  Further, “[i]n circumstances where the police officer in charge of the inquiry knew that there was no authority to be obtained for such filmed surveillance, the deliberate unlawfulness of the police conduct in the covert filming, maintained over many entries and over a period of some 10 months, is destructive of an effective and credible system of justice.”

Justice Blanchard more charitably said “[e]ven taking the view most favourable to them, the police seem to have been prepared over and over to run the risk of acting in breach of the law. They did not obtain legal advice and should have done so.”  He further said, “… The police understood that the warrants did not authorise the video surveillance and that their conduct in relation to the video surveillance might well be legally questionable. Winkelmann J [in the High Court] made a finding that the police continued to use surveillance cameras with the knowledge, at a senior level at least, that they had no lawful authority to do so.”

So we seem to be heading to a constitutional crisis where the Government is prepared to advance an argument that the Supreme Court has ruled against to justify action that in constitutional terms is appalling.   The Government’s justification, that the law was settled, was not accepted by the Supreme Court.  If this legislation is passed we are in for an interesting time.

* lprent: No it is not true mickey spends all of his blogging time here – he has his own site. And yes we know he was a candidate to be a Labour candidate. So those are off the discussion table in this post because I do tend to find such predictable attempts at diversion. Getting into the governments preemptive lawmaking, I hereby announce that people trying such simple diversions then will be presumed to have read this notice cunningly placed at the bottom of the post in small letters to catch people speeding past the post content without reading it. I wish to introduce them to the pleasures of a wee ban for utterly predictable stupidity. It doesn’t quite get to the level of spending four years in court because of an unlawful act by the police. But it does have the same style of arbitary unfairness

55 comments on “Covert surveillance should not be allowed retrospectively”

  1. queenstfarmer 1

    Boo hoo. There is nothing constitutionally repugnant about remedying a newly-promulgated technicality to allow video evidence of serious crime to be put before a Court.

    What is consitutionally repugnant was Labour retrospectively legalising its own unlawful activities a few years ago, which included the oh-so-convenient effect of halting a court case taken against its leader.

    Anyway it’s all a bit academic – the voters will I’m sure have their views.

    • Blighty 1.1

      “a newly-promulgated technicality”

      The court didn’t change the law. What the Police were doing was always illegal and they’ve known it since at least 2007.

      • ianmac 1.1.1

        Interesting that Findlayson was annoyed that Red Alert had published the proposed Bill last week. In spite of the Select Committee sitting from 9am Wednesday he is very reluctant to release the new draft before then, – incase it is released for public scrutiny. What!

      • queenstfarmer 1.1.2

        The court didn’t change the law

        I know, and it shouldn’t. As I said, it promulgated (or enunciated) the law. It hadn’t ruled on exactly this issue before.

        What the Police were doing was always illegal and they’ve known it since at least 2007

        That’s one view. The majority view (and that stated by the police) was that they knew there was no express authorisation, but just because there isn’t a law authorising something doesn’t of itself make it illegal.

    • Bored 1.2

      QSFarmer…what the fuck is the point of having a law if the government can change it retrospectively? It is sort of “we agree that what you were doing yesterday was legal BUT for some daft reason we have decided to make it illegal yesterday. Therefore you are now a criminal….”

      Howzabout I get elected and decide that the tax rates should have been much higher during Nacts reign, therefore i am going to retrospectively change them and charge you excessive back taxes? How would you like that?

      • queenstfarmer 1.2.1

        Ah, but the Govt isn’t making something legal, illegal. If anything it is the opposite. All the law will do is allow existing video evidence of serious crimes to be put before a court (something which Labour actually does supports).

        • Lanthanide 1.2.1.1

          “All the law will do is allow existing video evidence of serious crimes to be put before a court (something which Labour actually does supports).”

          They can already do that anyway. The court gets to choose on a case by case basis whether to permit such evidence.

          • queenstfarmer 1.2.1.1.1

            Yes I suppose the Court has a discretion, but I wouldn’t think it can disregard relevant evidence without good reason.

            If the video evidence was obtained illegally, that would be good reason to disregard it. However, if the law says it wasn’t obtained illegally, and there is no other legal reason for disregarding it, then it would be allowed (though in a jury-trial criminal matter, how much weight it is given, if any, is the jury’s call).

            • Joanne 1.2.1.1.1.1

              Simple really, if the evidence was obtained illegally then it should be deemed innadmisssable. Further, the police have been engaged in illegal activity for years, so what do we do? Instead of investigating the illegal activities of the police, we change the law to make those activities and many more intrusive ones legal. No wonder at all that respect for the law and police is at an all time low and falling. The police deserve to be investigated and charged over breaking the law, not have their illegal activities legalized. what a crock of shit this government are.

              • queenstfarmer

                So you want the police charged? But they haven’t committed any crime. Just because their videotaping of actual (alleged) criminal activity was unlawful, doesn’t mean it’s a crime.

                If you are genuinely interested in prosecuting crime, a good start would be to put the video tape evidence before juries.

                • Bored

                  They may have committed other crimes in the process such as trespassing. Get it right.

                  • queenstfarmer

                    Trespass isn’t a crime (unless you refuse to leave when asked, or breach a trespass notice, etc). Get it right.

                    • Bored

                      From the NZ Police website…..
                      # Trespassing is entering someone’s private property or place of work without permission.
                      # Trespassing is a crime.
                      Get it right…

                    • queenstfarmer

                      ^ I am right, you are wrong – as usual. Seems to be a habit of yours.

                      Being found on property with intent to commit an offence is a crime. Simple trespass after the fact (see the “unless” in my previous comment), which you suggest as a “crime” the police might have committed, is not a crime.

                      How about instead of quoting the police website, you quote the relevant law. If you want me to prove you further wrong, let me know and I will quote it for you.

                    • Qsf you should know better.  You do not have to commit a crime to act unlawfully …

                    • queenstfarmer

                      ^ micky, I don’t believe I said anything to the contrary, and I agree. Actually that’s the point I was making in response to Susan’s, and the Bored’s, suggestions that the police’s unlawful videotaping was a crime.

                      Unlawful, yes (unless retrospectively fixed up). Criminal, no.

                • Pascal's bookie

                  Well they may not have committed anything covered by the crimes act, but there are possibly trespass issues, and, far more likely, Privacy Act and BORA issues. These need to be investigated. The supreme court found that the police were either deliberately or reclessly using unlawful techniques. That is not acceptable, surely?

                  Dean Knight asks relevant questions here:

                  http://www.laws179.co.nz/2011/09/covert-surveillance-some-more-musings.html

                  Updating his first question, the Attorney General has not issued any BORA Section 7 reports with this bill. That is, he does not think that retrospectively making unlawful surveillance lawful, and overturning a Supreme Court ruling finding such, is in any way inconsistent with the Bill of Rights Act. So it’s good to know what he thinks about about citizens having recourse to the courts when dealing with the states actions I suppose.

                  If you are genuinely interested in prosecuting crime, a good start would be to put the video tape evidence before juries.

                  Genuine question: Do you think it would be OK for the police to just go around getting evidence any old how, without regard to the law, and prosecuting law breaches that they discover?

                  • queenstfarmer

                    Privacy Act and BORA issues

                    Yes they could get a ticking off for something done there. I expect they would take it on a chin – it wouldn’t affect their evidence.

                    Genuine question: Do you think it would be OK for the police to just go around getting evidence any old how, without regard to the law, and prosecuting law breaches that they discover?

                    No, not at all. It is clear this is a “one off” – the issues with the law have been known, and a new law (which is likely to be widely supported) coming in soon will allow this surveillance anyway. So it would be silly, IMHO, to scrap evidence of what the police say is serious offending (and I don’t think they would make that up, because the evidence will become public if it goes to trial), and then wait for the same criminal activity to be carried out again (with people possibly even being killed etc) just because of what is really a timing issue.

                    • Qsf

                      the issues with the law have been known

                      This is the point.  The Government is pretending that the issues are not known and the Supreme Court decision is a surprise.  Therefore they can make the legislation retrospective. 

                      If the issues have been known (I agree with you) then there is no way that the legislation should apply to current trials.

                      So they could put up a patch up bill for future trials but they want it to apply to past events.

                      Can’t you see the problem? 

                    • McFlock

                      If it’s a “one off”, then it wouldn’t affect any other case and the retrospective legislation would not be required.
                       
                      Don’t get me wrong, I am impressed by your attempt to minimise routine illegal evidence gathering by the police, but that does seem to be a flaw in your argument.

                    • Pascal's bookie

                      The issues with the law have been known, as you say, and yet the unlawful surveillance has continued. 40-50 cases the PM says.

                      That’s a lot of, (to be charitable about it) “reckless” behavior on the part of the police. So it’s hard to call it ‘one off’. It’s a sustained pattern of either reckless or deliberate law breaking on the part of the police.

                      What the govt’s bill does is remove the barrier to this law breaking continuing. That’s the ‘fix’. Just let them go on acting unlawfully, giving no recourse to citizens, and if the police turn up anything then just let them use it. It gives the police the ability to go on fishing expeditions for the next year or until the new surveillance bill gets passed.

                      You keep talking about ‘serious crimes’. That’s already covered. Nobody will get away with serious crimes because of the SC’s ruling. That’s just dishonest scare-mongering and it would do you well to stop repeating it at this point. The worst that could happen is that evidence for minor crimes will be lost, (which may or may not lead to the charges being dropped) and there might be claims for compensation arising from the Police’s unlawful actions.

                      On an earlier point:

                      The majority view (and that stated by the police) was that they knew there was no express authorisation, but just because there isn’t a law authorising something doesn’t of itself make it illegal.

                      Dean Knight, again, demolished this argument a few days ago. Basically that only applies if you have a common law right to be doing the thing in question. So if it was filming from the street, they might be ok. But they weren’t. The filming involved trespass, and the state needs explicit authorisation to do that.

                    • Pascal's bookie

                      The mentioned Dean Knight demolition of your talking point can be found here:

                      http://www.laws179.co.nz/2011/09/covert-surveillance-if-it-aint-unlawful.html#more

                    • Pascal's bookie

                      And I note with some amusement the regard you seem to hold the privacy act and BORA in.

                      Minor breaches of the crimes act? OMG pull out all the stops.

                      Acts protecting citizens from the state? Meh.

                      It starts with A, ends with n, and has horitar in the middle.

                    • queenstfarmer

                      ^ IRT all the above. I don’t think Mr Knight’s analysis “destroys” mine – it’s just a different opinion – and as I have already noted, at the end of the day it (the solution) isn’t really an academic exercise with a right or wrong answer (the debate is quite academic though), it’s a simple question of what is parliament going to pass – it’s realpolitik.

                      Because we don’t have a “super constitution” that puts any real limits on parliament here, they can do what they want. The academics can at least take comfort that they will have another half-hour’s worth of lecture material to talk about in future years.

                      Now, I actually think we should have an entrenched constitution (if we can put one together without setting of civil war!) that would limit Govt power and stop this kind of thing. Last time I ventured to suggest such things, it was attacked as a diabolical right-wing power grab, so I don’t know if there is any sort of consensus around this.

                      So yes, it is messy and no, in an ideal world we wouldn’t need messy retrospective legislation for anything, but the fact is currently we can do, it’s simple and clearly a “one off” (as the law is about to permanently enable it anyway), it is limited in scope (the evidence already collected), it doesn’t retrospectively make anything unlawful, and there is a clear benefit (prosecuting crims caught on tape).

                    • Pascal's bookie

                      Completely unresponsive to any of the points raised. Colour me ‘unsurprised’ I guess.

        • Bored 1.2.1.2

          Entirely the opposite: what the law attempts to do is make illegal surveyance legal by backdating, thereby making evidence admissable. Dont dress it up.

        • Bored 1.2.1.3

          Dont confuse what is being attempted here with the process QSF, nor the principle. Ends do not justify means.

    • burt 1.3

      queenstfarmer

      Boo hoo. There is nothing constitutionally repugnant about remedying a newly-promulgated technicality to allow video evidence of serious crime to be put before a Court.

      And as you note, Labour did it for their own best interests. But… none of that is really the current point. Mickysavage has put together a compelling case with sufficient integrity to say – YES!, mickysavage is right. It’s constitutionally repugnant and it’s National doing it !

      So for sure it’s hilarious to see a hardened defender of the party line run a valid issue up the flag pole when you know they defended their own party sweeping it under the rug just a few years back.

      But, even knowing mickysavage thinks its OK when Labour do it, I still agree with him its abhorrent when National do it.

      [note to self: blogs where I can write "retrospective" in my comments is likely to increase]

      [lprent: You are welcome to use it here. Others are also welcome to (ummm) mock it. ]

      • mickysavage 1.3.1

        I can advance all sorts of arguments Burt but I know that I will not persuade you.  So tell me, how do you feel about National doing it, and in the criminal law area where outcomes may be affected part way through a trial?

        • burt 1.3.1.1

          Micky,

          The key difference that I see (without this legislation having even been introduced into the house yet) is that National are not going to kill a standing court case against John Key and is not validating “anything” National did to win an election.

          Other than that, it seems way wrong especially given there has been a warning about continuing with status quo practice.

      • mickysavage 1.3.2

        Burt

        Further to my previous comment you might want to read the analysis by Law Professor Dean Knight.  Feel free to argue with his analysis.  For me all I could do is offer hopelessly partisan arguments. 

        • burt 1.3.2.1

          I do wonder if Dean Knight was across the detail that Labour had been warned by the Chief Electoral Officer (David Henry) that the pledge card spending would be considered electioneering prior to lodging it for approval under the old “It’s how we have always done it” chestnut.

  2. seeker 2

    lprent, brilliant idea to simulate the “same style of arbitrary unfairness” used by the police :

    ” deliberate unlawfulness of the police conduct in the covert filming, maintained over many entries and over a period of some 10 months, is destructive of an effective and credible system of justice.”

    It also simulates the often arbitrary style of government that John Key (and his buddies?) indulge in e.g.Tuhoe announcement, Ecan, Supercity, Paula Bennett ignoring the privacy laws for her own ends and her actions still being pronounced “honourable” by our esteemed prime minister and now possibly unjust retrospective legislation.

    Simulation can be a very powerful educational tool.

    Let’s hope any RWNJ’s who fall foul of this learn something from their small experience, of the danger and suffering they and the people of this country can and, often do, encounter from the actions of an ignorant,unjust,self serving government.

  3. ianmac 3

    Red Alert from Charles just now Tuesday about 4ish.
    Chris Finlayson has changed his Urewera fix it bill, but he won’t say when he will make it publicly available. He didn’t seek leave to table it in the House today, despite the fact that people are expected to speak to it in select committee in less than 20 hours time. Great to see his commitment to democracy on show.
    http://blog.labour.org.nz/index.php/2011/09/27/surveillance-bill-update-v/

  4. insider 4

    This is hardly a constitutional crisis. The future of a govt doesn’t depend on it, nor is it making illegal that which was legal, so there is no issue re citizens having certainty of the law. Citizens engaged in illegal conspiracies are still doing so illegally; it’s just the chance of them being prosecuted that will change (or not dependign on your view).

    Five different SC judges had five different interpretations of the law even if they came to similar conclusions in some areas, which shows how complex the issues were. to contrast the views of Elias, McGrath said : “In the absence of specific legislation, the officer responsible for management of the investigation said it was decided that this was the best and most reasonable way to proceed. That was understandable given that there was no judicial decision that clearly indicated when video surveillance would be unlawful. In R v Gardiner the Court of Appeal pointed out that ―[t]here is no mechanism in the law requiring or enabling the authorisation of video surveillance. The law’s requirements have been clarified only by this Court’s judgment.”

    • But Insider do you agree with the changes being retrospective?

      Generally this should only happen to repair a legislative hole or to return the law to what was thought to be a settled position after a decision that holds otherwise. Otherwise legislation should not be retrospective.

      The “crisis” that I see is that the Attorney General is advancing as a ground for the retrospective change in law that which the Supreme Court Justices have expressly ruled against. Elias said the Police knew they did not have legal authority, Blanchard said they continuously ran a risk and that they did not take legal advice, McGrath obviously thought the power’s existence was uncertain and only resolved by the Court’s decision. It is very clear that the Judges disagree with the Attorney General. They do not agree that there is justification for exercising extraordinary powers to change the law retrospectively.

      The relationship between the Court and Parliament will not be the same if this bill is passed retrospectively. You can bet there will be an appeal to test the legislation presuming it is passed in the proposed form and how is the Court then going to handle this?

      • insider 4.1.1

        I have no problem with retrospectivity but understand why some do. To me it is retaining what was considered an acceptable form of surveillance until the SC decision, and rectifying a hole in legislation. I don’t think the impact is oppressive or unduly deprives people of rights – did many in the public really think that this was not lawful or that the police should not have access to such techniques? So while it may outrage some lawyers and academics and activists, I suspect the wider public would shrug their shoulders and say it was ridiculous the police couldn’t do it in the first place.

        And to say the relationship between the Court and Parliament will not be the same is I think hyperbole – the courts and Parliament have been undermining each other for centuries.

      • queenstfarmer 4.1.2

        You can bet there will be an appeal to test the legislation … how is the Court then going to handle this?

        Very simply – the Court applies the law Parliament writes. There is really no more complex analysis needed than that – we currently have no “super constitution” that can strike down non-compliant laws (personally I think we should, though last time I started suggesting this, people here started attacking the idea as some type of diabolical RWNJ plot!).

        If the amending law is badly written (unlikely but possible, given that it is a temporary fix only) then there may be a loophole for a defence-friendly judge to wriggle through. But otherwise the Court simply applies the law.

      • Anne 4.1.3

        @ mickysavage.
        Did you watch Rodney Hide in the House this evening? His speech was superb. What an enigma of a man. Perhaps now he is leaving parliament, he feels free to say what he really believes.

        This issue is taking on the aura of a significant election issue.

        • mickysavage 4.1.3.1

          @Anne.  I heard him and it was the first speech he has given that I agreed with every word!  Will hopefully be on inthehouse soon.

        • mickysavage 4.1.3.2

          And here it is.

          Go Rodney!!  Great, great speech … 

          Best bit, “if we are to have law and order then the Police have to operate within the law”.

          • ianmac 4.1.3.2.1

            Yes. Bloody good speech. Covered the concerns of many. Be interesting to see if Act vote in favour of the Bill.

            • ianmac 4.1.3.2.1.1

              Come to think of it, National may have a problem. Since none of the sitting Act members will be there after the Election the MPs might have an option to stand/vote on Principle, without Key having any bribing chips or threats about their vote. “After the Election…….etc”

  5. Doesn’t National believe that NZ Police should follow the ‘Rule of Law’?

    New Zealand, as a ‘State Party’ signed the Universal Declaration of Human Rights in 1948, which states, in the preamble:

    “Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law.”

    http://www.answers.com/topic/universal-declaration-of-human-rights

    What is the ‘Rule of Law’?

    “Rule according to law; rule under law; or rule according to a higher law.
    The rule of law is an ambiguous term that can mean different things in different contexts. In one context the term means rule according to law.

    No individual can be ordered by the government to pay civil damages or suffer criminal punishment except in strict accordance with well-established and clearly defined laws and procedures.

    In a second context the term means rule under law.

    No branch of government is above the law, and no public official may act arbitrarily or unilaterally outside the law.

    In a third context the term means rule according to a higher law.

    No written law may be enforced by the government unless it conforms with certain unwritten, universal principles of fairness, morality, and justice that transcend human legal systems.”

    http://legal-dictionary.thefreedictionary.com/Rule+of+Law,+the

    If there is one group of people who citizens should expect to follow the ‘RULE OF LAW’ – then surely that is the Police?

    It is NOT ok in a supposedly ‘free and democratic’ society – for NZ Police to act unlawfully – then get the Government to pass retrospective legislation to effectively legitimise their unlawful behaviour.

    If the Police evidence was unlawfully obtained then it should not be allowed to be used.

    If ‘ignorance of the law is no excuse’ – then surely that must equally apply to Police?

    “In handing down the Supreme Court decision, the Chief Justice said that the police actions were “destructive of an effective and credible system of justice “. A hasty law change that hands a blank cheque to the police is not the way to repair the damage done.”

    http://www.nzherald.co.nz/opinion/news/article.cfm?c_id=466&objectid=10754138

    Remember this fundamental principle of natural justice in this country?

    The presumption of innocence until PROVEN guilty?

    At the time that the Urewera 18 were being (unlawfully) surveilled, they had not been charged – let alone convicted of any crime.

    Being arrested and charged with an offence – does not make a person guilty.

    Remember, 12 people were arrested during the 15 October 2007 raids under the Terrorism Suppression Act.

    Were they proven to be ‘terrorists’?

    No.

    After nearly four years, all charges have been dropped against 13 of the ‘Operation 8′ defendants.

    ( I have been arrested 22 times in attempting to defend and uphold the public’s right to ‘open, transparent and democratically accountable’ local government.

    Only one arrest out of 22 led to a conviction – for trespass at arguably the most public of all public buildings – the Auckland Town Hall at a time it was open to the public.

    This is now the subject of a complaint to the United Nations Human Rights Committee – having exhausted all legal channels in New Zealand).

    People cannot be classified as ‘bad guys’ who have acted unlawfully, until their alleged ‘bad guy’ unlawful actions are actually PROVEN in Court.

    If the Police are going to act unlawfully in trying to get a conviction – then what is the difference between them and the alleged ‘bad guys’?

    What sort of example is this to citizens of New Zealand?

    The Police act unlawfully, and the Supreme Court rules that they have acted unlawfully – then this National Government intervenes and tries to retrospectively legitimise their unlawful behaviour?

    How can the public have confidence in the NZ Police, Judges or the current NZ Government – if the ‘Rule of Law’ is not upheld and unlawful ‘bad behaviour’ is not only excused but retrospectively legitimised?

    If the law is seen to be inadequate, then surely the answer must be to go through proper lawful ‘due process’ in order to get the law changed – after a full consultation / select committee process.
    The voting public will soon see which political parties do in fact support the ‘Rule of Law’ by the upcoming votes on the Video Camera Surveillance (Temporary Measures) Bill.

    Penny Bright. Independent ‘Public Watchdog’ candidate for Epsom.

  6. Bored 6

    As a matter of the record I dont agree with making life easy for the cops or anybody just to help catch “criminals”. The state should have to have the onus on them to prove guilt and do so within the law. Then there is the bullshit one we hear about “if they were not doing something wrong they would have nothing to fear”…bollocks.

    On that note I am also highly offended that the state reserves the right to x-ray me and examine my belongings every time I fly…so far in 10 years of doing so we have not arrested or prevented one single Al Quaeda terror attack on domestic travel. Its an intrusion upon our rights as citizens, we are being surveyed to keep us passive, the state nibbles away at our freedoms in the name of protecting us. We need to tell them to feck off.

    • insider 6.1

      It could have deterred/prevented an attack – ‘We’ve had none therefore they’ve been deterred’

      • terryg 6.1.1

        not only that, its been 100% effective at preventing both Tiger and Vampire attacks. Nary a one since 9/11!

  7. When will the government learn that they are not judge and jury and that the Supreme Court are independent of the police and the government and that the Supreme Court is the highest court in NZ.

    Had the government legislated for the police to use video surveillance the Supreme Court would not have made the LEGAL decision that they made. Being behind the eight ball is incompetence at the very least.

    The police have stopped using video surveillance since the Supreme Court decision.

    Any outstanding cases need to be reviewed through the Supreme Court for a decision to be made on whether or not the video footage is allowed. When the police arrest someone they then make a decision to charge a person with an offence or not to charge them. No doubt the following applies:
    Has an offence been committed?
    Do the police have enough evidence to charge?

    The cops cannot just put a camera on private property and wait for a crime to occur.

    Policing no doubt has its frustrations e.g a hunch that a person is a rapist, murderer, but without legally obtained evidence there is NO case.

    When evidence is obtained unlawfully this is the making of a police state.

  8. Muzza 8

    @Insider. Absolute BS! You have no idea what you are talking about! People who are happy to handover my rights, freedoms, whatever you like to call them because you are a scared little , happy to be lied to sheep is disgusting.
    Im certain should this retrospective law come into effect we will see the same sort of attempt to bastardize the legal framework become the norm. This is dangerous territory, and if you can’t see that then ignorant is not strong enough a word.

    • insider 8.1

      You seem ignorant of the fact that This is nOt the first time we’ve had retrospective law enacted. Given that, it’s hard to understand the outraged statements that this is the end of our democracy as we know it. We had two in the last parliament alone, one of which had remarkably similar justifications and may have legalized soemthing that turned an election -been doing it that way for years, returning the law to what everyone thought it was, a procedural issue – the other directly affected the composition of parliament and involved a minister of the crown. Democracy didn’t end and I don’t think they have encouraged more retrospective laws. I don’t see this law as having the theoretical let alone actual effect you do, especially in light of the courts accepting such unlawful evidence and it never being considered a similar constitutional outrage.

    • insider 8.2

      Ps a really interesting article on retrspective/retroactive laws. makes the point that judges make retroactive laws all the time when they overturn accepted precedent.

      http://www.vuw.ac.nz/staff/dean_knight/Waldron.pdf

  9. Jim Nald 9

    Chris Finlayson. The Attorney General. The country’s top law officer. Bloody disgrace. Shame on you.

    Legal education was wasted on you.
    The university that awarded your law degree should retract the degree with immediate effect.
    The court that admitted you as a barrister and solicitor should retract the admission.

  10. For anyone wanting to make submissions the Bill is here.
     
    The contact details for the committee are
    Edward Siebert (Committee Clerk)
    edward.siebert@parliament.govt.nz
    DDI +64 4 817 9032
    Fax +64 4 499 0486

    You can ask how – if at all – the committee intends to receive public submissions. The majority on the committee may refuse to receive them but Charles Chauvel will argue that they should do so.
     
    Clare Curran has offered to try and table them.  Her email is clare.curran@parliament.govt.nz 
     
    I am certain that the Greens Graham Kennedy will also do his best.  He can be contacted at graham.kennedy@parliament.govt.nz

    EDIT: Thanks to an I/S tweet the Parliamentary website has just published details at http://www.parliament.nz/en-NZ/PB/SC/MakeSub/5/0/e/49SCJE_SCF_00DBHOH_BILL11056_1-Video-Camera-Surveillance-Temporary.htm

  11. On this issue, it seems that the MSM are not too keen to cover anti-Bill protests. Hiowever, an acquaintance of mine sent me his pictorial report on yesterday’s events…

    http://fmacskasy.wordpress.com/2011/10/02/1-october/

    Only Radio NZ featured a smallish article on their website.

    Meanwhile, the Dompost ran a story of 400 sailors marching through Wellington. Dear Leader would be pleased.

  12. From Stopthebill;

    “Urgent Action Alert – Stop the Video Camera Surveillance Bill!

    It is only days now until Parliament votes on the law that would legalise covert video surveillance by Police, Fisheries, SIS and Customs. This bill must be stopped! It is the most serious assault on our fundamental freedom and rights in our lifetime.

    We are asking everyone to take two minutes to email members of Parliament and tell them to vote ‘NO’ on the bill. It is likely to be voted on this Thursday (October 6).

    At present, the National party does not have the numbers to pass the bill. It only has the support of United Future. It needs 3 more votes – so we want to make sure that neither the Labour Party nor the ACT party support this dangerous bill from becoming law. The Green, Maori and Mana parties do not support the bill at all.

    Please email any member of parliament you like. We would certainly encourage in particular emails to

    ACT party

    Rodney Hide – rodney.hide@parliament.govt.nz

    John Boscowan – john.boscowan@parliament.govt.nz

    Roger Douglas – roger.douglas@parliament.govt.nz

    Hilary Calvert – hilary.calvert@parliament.govt.nz

    Heather Roy – heather.roy@parliament.govt.nz

    LABOUR

    Phil Goff – phil.goff@parliament.govt.nz

    Annette King – annette.king@parliament.govt.nz

    David Parker – david.parker@parliament.govt.nz

    Charles Chauvel – charles.chauvel@parliament.govt.nz

    Grant Robertson – grant.robertson@parliament.govt.nz

    David Cunliffe – david.cunliffe@parliament.govt.nz

    Ruth Dyson – ruth.dyson@parliament.govt.nz

    Clayton Cosgrove – clayton.cosgrove@parliament.govt.nz

    Maryan Street – maryan.street@parliament.govt.nz

    Trevor Mallard – trevor.mallard@parliament.govt.nz

    The most important thing to say is ‘VOTE NO ON THE VIDEO SURVEILLANCE BILL’. Other things you can say are:

    -It is an assault on the rule of law as it retrospectively legalises illegal police actions

    -It is an assault on the right to be free from unreasonable search and seizure

    -It is an assault on the right to privacy

    -You don’t want any expansion of the power of the state to surveil people

    -The police and government have been misleading the public by saying that the bill will ‘restore the common law position’ – the police have never had the power to do trespassory video surveillance. The police knowingly broke the law and should be prosecuted.

    -The ONLY submission received in support of this law was from Police. All other submissions – including the Law Society, Criminal Bar, civil society organisations and hundred of individuals all opposed this bill.”

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    Labour | 19-08
  • Public servants behaving with more integrity than their masters
    The State Services Commission's new report on the integrity of our state services reflects the yawning gap between the behaviour of public servants and that of their political masters, Labour's State Services spokesperson Maryan Street says. “This report, which surveyed...
    Labour | 19-08
  • Phil Twyford Speech to NZCID
    "Labour's plan to build more and build better: how new approaches to housing, transport and urban development will deliver cities that work" Phil Twyford, Labour Party spokesperson on housing, transport, Auckland issues, and cities.  ...
    Labour | 19-08
  • Labour commits to independent Foreign Affairs and Trade
    “Labour is committed to New Zealand’s Foreign Affairs and Trade policy being independent and proactive, Labour’s Foreign Affairs spokesperson David Shearer says. “We are a small but respected country. Our voice and actions count in international affairs. Labour will take a...
    Labour | 19-08
  • Key must sack Collins over abhorrent actions
    The latest revelations that Judith Collins sent the contact details of a public servant to WhaleOil in a desperate attempt to divert media attention from a bad story is abhorrent, Labour MP Grant Robertson says. “John Key and Judith Collins...
    Labour | 19-08
  • It’s downhill from here under National
    The forecast drop in exports and predicted halving of growth shows that it’s downhill from here with National, Labour’s Finance spokesperson David Parker says. “Growth under this Government peaked in June and halves to two per cent in coming years....
    Labour | 19-08
  • John Key loses moral compass over Collins
    John Key has lost his moral compass over Judith Collins’ involvement with Cameron Slater and lost touch with New Zealanders’ sense of right and wrong, Labour MP Grant Robertson says. “Whoever is Prime Minister there are expectations they will not...
    Labour | 18-08
  • Mana Movement General Election 2014 List confirmed
    The MANA List is now confirmed with all the candidates as below (the numbers are the respective Internet MANA rankings). Candidate, Electorate, Internet MANA List Position Hone Harawira, Te Tai Tokerau (1) Annette Sykes, Waiariki (3) John Minto, Mt Roskill (4) Te Hamua Nikora, Ikaroa-Rawhiti...
    Mana | 18-08
  • PREFU likely to confirm dropping exports
    National’s economic management will be put under the spotlight in tomorrow’s PREFU given clear signs the so-called rock star economy has fallen off the stage, with plummeting prices for raw commodity exports, Labour’s Finance spokesperson David Parker says. “Under National,...
    Labour | 18-08
  • Record profits while Kiwis face a cold winter
    The record profits by two of New Zealand’s largest electricity companies will be a bitter pill for New Zealand households who are paying record amounts for their power, says Labour’s Energy spokesperson David Shearer. “No doubt the Key government will...
    Labour | 18-08
  • Time for John Key to answer yes or no questions
    John Key’s train-wreck interview on Morning Report shows he is no longer capable of a simple yes or no answer and has lost touch with what’s right and wrong, Labour MP Grant Robertson says. “John Key has become so media...
    Labour | 18-08
  • Key must clarify who signed out SIS OIA
    Yet again John Key is proving incapable of answering a simple question on an extremely important issue – this time who signed off Cameron Slater’s fast-tracked SIS OIA request on Phil Goff, said Labour MP Grant Robertson. “John Key’s claim...
    Labour | 18-08
  • Time to invest in our tertiary education system
    A Labour Government will fully review the student support system – including allowances, loans, accommodation support and scholarships – with a view to increasing access and making the system fair, transparent and sustainable, Labour’s Tertiary Education spokesperson Maryan Street says....
    Labour | 17-08
  • Labour will facilitate regional Māori economic development agencies
    The next Labour Government will facilitate the creation of regional Māori economic development groups lead by iwi and hapū to work in partnership with business and public agencies as part of its Māori Development policy. “Labour is committed to working towards...
    Labour | 16-08
  • PRIME MINISTER’S DENIAL AT ODDS WITH NATIONAL PARTY STATEMENT
    Labour’s New Zealand Council has today released an email from the General Manager of the National Party that directly contradicts recent statements from the Prime Minister in relation to the 2011 breaches of Labour Party website databases. In his stand-up...
    Labour | 16-08
  • Labour committed to a healthier NZ for all
    A Labour Government will shift the focus of the health system from narrow targets and short term thinking to make public health and prevention a priority, Labour’s health spokesperson Annette King says. Releasing Labour’s full Health policy today she said...
    Labour | 15-08
  • Time Key took responsibility for Collins
    It is well past time for John Key to take some responsibility for the misuse of power and information by his Minister Judith Collins, and follow through on his last warning to her, Labour MP Grant Robertson says. “The evidence released...
    Labour | 14-08
  • Manukau East – the next Coalition in action
    A couple of weeks ago I had the pleasure of opening Voice Up – a youth forum run by young people in Otara. I had been asked as Chair of the Local Board to set the scene, encouraging young people...
    The Daily Blog | 27-08
  • GUEST BLOG: Kelly Ellis – The Big Bang Theory
    It’s a shame that it took a brain injury for me to start seeing things with such startling clarity. The realisation that lawyering, fishing, parenting, selling cars and racing yachts had common themes was stunning. Not perhaps as stunning as...
    The Daily Blog | 27-08
  • Jeremy Wells’ Mike Hosking rant on Radio Hauraki: Today, how much Key aro...
    Jeremy Wells’ Mike Hosking on Radio Hauraki...
    The Daily Blog | 27-08
  • 5AA Australia – New Zealand’s Dirty Politics Aftermath and Polls
    MIL OSI – Source: Selwyn Manning – Analysis Headline: 5AA Australia – New Zealand’s Dirty Politics Aftermath and Polls 5AA Australia: On this week’s Across the Ditch bulletin on 5AA Australia, host Peter Godfery and Selwyn Manning discuss the aftermath...
    The Daily Blog | 27-08
  • La’o Hamutuk calls for inquiry into Timor GAP ‘mismanagement’ of oil ...
    The Suai project on the South Coast … “liberated” land but confused communities.Photo: La’o Hamutuk David Robie also blogs at Café Pacific. AN INDEPENDENT Timor-Leste development and social justice agency has called for an inquiry into the Timor GAP corporation...
    The Daily Blog | 27-08
  • What Is Nicky Hager?
    WHAT WILL HISTORY MAKE of Nicky Hager? That slight, perpetually boyish, journalist who descends periodically, like the admonishing angel in a medieval mystery play, to trouble our consciences and wreak merry havoc with the orderly conduct of our political affairs....
    The Daily Blog | 27-08
  • Can anyone in msm explain how after Dirty Politics that they all got played...
    Would you not think, that after reading Dirty Politics, that our mainstream media wouldn’t allow themselves to get tricked and played again by the VERY SAME discredited pundits? The best new feature on Radio NZ is their ‘Blog Watch’ and their...
    The Daily Blog | 27-08
  • Crusher Collins caught out lying about Privacy Commissioner – is this her...
    Crusher angry. Crusher smash own career. Crusher more angry. You would think that after getting outed as such a nasty, vicious piece of work in Dirty Politics, that Crusher would be scrambling to dial back the lies and manipulations. Apparently...
    The Daily Blog | 27-08
  • Cunliffe vs Key – first leaders debate
    This is your election ‘moderator’ – just one more reason an incoming Government need to sack everyone at TVNZ and reform it into an actual public broadcaster. The first leaders debate happens this Thursday, 7pm on TV One. I have...
    The Daily Blog | 26-08
  • GUEST BLOG: Kate Davis – An Old and Honourable Profession
      When Dirty Politics started to reference an ex-prostitute I began to get antsy. My first response was “come on Nicky, we decriminalised in 2003. Its sex worker.” My second response was “Ah oh. Who was it and did they...
    The Daily Blog | 26-08
  • Bought and paid for: the dirty politics of climate denial
    Has climate denial in New Zealand been bought and paid for by corporate interests? We already know that the ACT Party’s routine denial is closely linked to the financial support the party receives from wealthy free market fundamentalist Alan Gibbs,...
    The Daily Blog | 26-08
  • If the msm read The Daily Blog, THIS wouldn’t be a surprise – explainin...
    Yawn. How embarrassing for Hamish Rutherford and Andrea Vance, their breathless article today suggests that the idea of Labour and NZ First cutting a  deal over the buy back of assets  is some how new news. Silly mainstream media  journalists. If...
    The Daily Blog | 26-08
  • How much tax does John Key pay compared to a minimum wage worker??
    Yesterday I did some calculations to find out what tax John Key pays compared to a worker on the minimum wage. And I put out this media release for the Mana Movement: MANA Movement Economic Justice spokesperson John Minto is...
    The Daily Blog | 26-08
  • Hip hop death threats – the selective outrage of our media
    PM death threat in hip hop songAn Auckland hip-hop crew slammed for releasing a song with lyrics that apparently include a threat to kill Prime Minister John Key are urging young people to enrol to vote. Kill The PM, by...
    The Daily Blog | 26-08
  • Watch Slater turn into Key right before your eyes
    Watch Slater turn into Key right before your eyes...
    The Daily Blog | 26-08
  • I don’t always agree with Patrick Gower – but he didn’t deserve this!
    I don’t always agree with Patrick Gower – but he didn’t deserve this weird spear tackle from behind by his own company. I was listening to this interview at the time, and the awkwardness of it must be the worst...
    The Daily Blog | 26-08
  • Is it weird Radio NZ ban me yet still have….
    Is it weird Radio NZ ban me for life because I criticised the Prime Minister yet still have Matthew Hooton, David Farrar and Jordan Williams, 3 of the main protagonists revealed in Dirty Politics as part of their ongoing political...
    The Daily Blog | 25-08
  • Christchurch GCSB meeting – why mass surveillance matters in 2014
    This is the video for last weeks GCSB meeting in Christchurch. Don’t forget Nicky Hager’s public meeting Wednesday night in Auckland, TDB will live stream the event in the interests of our democracy. Broadcast starts 7.30pm here on TDB....
    The Daily Blog | 25-08
  • Assange, Greenwald to appear at Town Hall meeting? + KDC is not the hacker ...
    Wikileaks founder and the engineer of revealing some of the largest abuses of power in the modern era, Julian Assange, is rumoured to be appearing at the September 15th Town Hall meeting. Assange would join award winning investigative journalist Glen...
    The Daily Blog | 25-08
  • Why Paula Bennett will be the next leader and Hooton throws the Prime Minis...
    I don’t think the public have any idea of the behind the scenes meltdown now occurring within National. There are plenty of decent right wingers who all have ethical standards who have looked at what their leaders have been doing and...
    The Daily Blog | 25-08
  • GUEST BLOG: Curwen Rolinson – That Awkward Feeling When Your Campaign Goe...
    Urgh. It’s a thankless and nearly impossible task politically firefighting some days. Somebody (who isn’t you, but who’s in your care, or whom you’ve got a close professional relationship with) does or says something stupid; somebody from the Media’s there...
    The Daily Blog | 25-08
  • GUEST BLOG: Joe Trinder – Dirty politics goes viral
    Join the latest social networking craze this election that every Dog Cat and Jabba is putting on their facebook pages.     Joe Trinder – Ngāti Awa Born and born in Ōtepoti Ōtākou, Ex RNZN he is an Information Technology...
    The Daily Blog | 25-08
  • Blogwatch: An open letter to David Farrar: Please, be that guy
    Dear David, In light of  Nicky Hager’s book Dirty Politics, you wrote a blog entitled ‘Some changes on Kiwiblog’ and you suggested it was time to tighten up ship on your website, saying “I want to improve trust in myself,...
    The Daily Blog | 25-08
  • What The Hell Was That! Reflections on the media’s coverage of the Intern...
    WHAT, EXACTLY, DO WE KNOW about the confrontation outside Internet-Mana’s campaign launch? Well, we know the news media was there in force. We also know Internet-Mana’s media person, Pam Corkery, blew her stack. We know that Corkery’s outburst led the...
    The Daily Blog | 25-08
  • NZ First candidate – homophobic, bennie bashing anti-intellectual clown
    Oh God, apart from Ron Mark, Tracey Martin, Curwen Rolinson and Winston before midday, the woeful cavalcade of political circus freaks NZ First seem to attract has picked up another hitchhiker. This time Epsom candidate Cliff Lyon who said this about Labour… “If...
    The Daily Blog | 25-08
  • Nicky Hager Public Meeting LIVESTREAM on The Daily Blog 7.30pm Wednesday 27...
    As part of our commitment to the 2014 Election debate, The Daily Blog will Livestream the Nicky Hager public meeting in Auckland, 7.30pm live from the Mt Eden War Memorial this Wednesday on this site. Doors open at 7pm. It...
    The Daily Blog | 25-08
  • GUEST BLOG: Curwen Rolinson – Opening Night. It’s like an opera!
    On Saturday night just gone, we collectively experienced one of the premier panegyrys of political pageantry in our three yearly electoral cycle. For one glorious weekend evening every three years, it’s not the All Blacks or some Super 14 team, or...
    The Daily Blog | 25-08
  • Jeremy Wells’ Mike Hosking rant on Radio Hauraki: Today, Unions – what ...
    Jeremy Wells’ Mike Hosking on Radio Hauraki...
    The Daily Blog | 25-08
  • Timor-Leste’s Parliament handed ‘humiliating’ defeat over harsh media...
    East Timorese journalists raise their hands to approve the Timor-Leste JournalistCode of Ethics in October 2013. Photo: Tempo Semanal/Cafe Pacific   David Robie also blogs at Café Pacific. PACIFIC SCOOP reported this week that East Timor’s Appeal Court had scrapped...
    The Daily Blog | 24-08
  • THIS is why we need a public broadcaster!
    The richest 20% of us in NZ own 70% of the wealth, with 18% in the hands of the second richest quintile, and 10% in the hands of the middle quintile. Just 2 per cent was owned by people in...
    The Daily Blog | 24-08
  • A vote for Key is a vote for this
    A vote for Key is a vote for this...
    The Daily Blog | 24-08
  • Why the Secret Intelligence Service feeding Cameron Slater information is s...
    Folks, it doesn’t matter if you are Right or Left, the issue of the Secret Intelligence Service being forced to feed a far right hate speech merchant like Cameron Slater with sensitive information is an ‘us’ issue. The SIS are...
    The Daily Blog | 24-08
  • How lost and irrelevant are ACT?
    So ACT had it’s ‘launch’. Well, what passes as an ACT launch these days. Lot’s of anorak’s with that 1000 yard star and dreams of a Milton Friedman Free Market dancing behind their eyelids all crammed into a room small...
    The Daily Blog | 24-08
  • National Party rowing advert aimed at Gen Xers
    Unkind wags such as myself would suggest that if the above were a real representation of National, it would look more like this…   National know they have the rural mob and the angry provincial vote locked in, with their...
    The Daily Blog | 24-08
  • National Housing propaganda – McGehan Close Revisited
    .   . Housing has become a major, defining issue in New Zealand. We have critical shortages and escalating prices in  in the main centres and falling house values in the regions. The National government has addressed the supply &...
    The Daily Blog | 24-08
  • The boldest, most creative and dynamic policy on employment for two generat...
    If you watched TV news last night you could be forgiven for thinking that a circus was on when Internet MANA launched its election campaign today. The reporting was abysmal but I won’t rehash it here because it’s been described...
    The Daily Blog | 24-08
  • Call for Aaron Bhatnagar’s resignation from govt body
    .   . One of the many sordid “bit”-players in Nicky Hager’s book, “Dirty Politics“, and one of Cameron Slater’s inner-cabal, is businessman, National Party card-carrying cadre,  and former city councillor, Aaron Bhatnagar; . . In 2008, Bhatnagar was caught...
    The Daily Blog | 24-08
  • Internet MANA announce free tertiary education & full employment – me...
    Internet MANA launch their campaign after an extraordinary road tour and after gaining 4% in the Colmar Brunton Poll, today should have been the start point for a momentous occasion  in progressive political history. It was, but sadly most won’t...
    The Daily Blog | 24-08
  • Privilege denies true representation of disability rights
    The human right of people with disabilities in New Zealand has come back into the spotlight by the Human Rights Commission. The report named ‘Making Disability Rights Real’ highlights some of the main issues as being adequate data collection, accessibility,...
    The Daily Blog | 23-08
  • Election TV campaign ads – Opening Night
    . .The infamous National Party ‘Dancing Cossacks’ Attack advert  NZ, 23 August -  The election campaign “kicked off” on Saturday evening, with a one hour “televisual feast”. Party advertisements were broadcast for National, Labour, Greens, NZ First, United Future/Peter Dunne,...
    The Daily Blog | 23-08
  • Blogging vs Journalism vs Politics – The 7 latest revolting revelations
    So we now enter the most dangerous phase for National, the phase where the minutia of detail is so great now, the media have all the ammunition to keep asking questions that clearly show Key isn’t being honest in his...
    The Daily Blog | 23-08
  • A positive story of political co-operation!
    .   . Wellington, NZ, 23 August - The following is a true story and shows how the natural inclination of the rank-and-file of our main left-wing parties is to work together… I’ve been in contact with both the Green...
    The Daily Blog | 23-08
  • “Dirty Politics” – the fall-out continues…
    . . As the shock-wave from Nicky Hager’s book, “Dirty Politics” continues to engulf everything in it’s path, it’s worthwhile looking at the damage caused by the ever-expanding fallout… Fallout Dispersal Zone: 1oom Farrar wrote on 19 August  (and later...
    The Daily Blog | 23-08
  • #TeamKey’s sinking boat
    #TeamKey’s sinking boat...
    The Daily Blog | 23-08
  • Cat vs Key – I know nuffin
    Cat vs Key – I know nuffin...
    The Daily Blog | 23-08
  • Israel’s sudden fixation with Hamas
    Israel’s sudden fixation with Hamas...
    The Daily Blog | 23-08
  • A Matter of Whether John Key is Credible
    Headline: A Matter of Whether John Key is Credible Analysis by Selwyn Manning. Prime Minister, John Key.WITHIN NATIONAL’S STRATEGY TEAM there is an acceptance that the facts revealed in the book, Dirty Politics, is chewing away at the party’s popular...
    The Daily Blog | 23-08
  • TDB Political Diary for 2014 Election
    Here are the political events TDB will be covering this election. I will be live tweeting these events and  blog reviews will follow the next day. Internet MANA launch – August – Sunday 24th – 1pm, Western Springs School Green...
    The Daily Blog | 22-08
  • One man’s struggle to find a copy of Dirty Politics
    I’m typing this on top of Dirty Politics.  I got the last copy yesterday morning at the local branch of a chain bookshop.  I was really in to get the paper.  I know it sold out – everyone knows - but the first thing...
    The Daily Blog | 22-08
  • From Tucker to Key – while you were out
      From Tucker to Key – while you were out...
    The Daily Blog | 22-08
  • Police response to IPCA report on ‘out of control’ parties
    Police accept today's Independent Police Conduct Authority report recommendations regarding the handling of 'out of control' parties and has already improved its policies and practices for managing these complex and sometimes violent situations....
    Scoop politics | 27-08
  • Review of Police handling of ‘out of control’ parties
    An Independent Police Conduct Authority review has found that Police are working to ensure officers called upon to deal with out of control gatherings in future are better trained to deal with the situations they may face....
    Scoop politics | 27-08
  • Wynyard and NZ Police Announce Ground-breaking Partnership
    Auckland, 28 August 2014 - Wynyard Group, a market leader in advanced crime analytics software and services, today welcomed the New Zealand Police as a long term partner in its Crime Science Research Institute (CSRI)....
    Scoop politics | 27-08
  • Polls confirm dirty politics out and the Conservatives in
    The latest 3News-Reid Research poll has the Conservative Party on 4.6 per cent which means they are virtually on their way to Parliament. Garth McVicar, the Conservative Party candidate for the Napier electorate believes the polls are proof that the...
    Scoop politics | 27-08
  • Toke the Vote 2014: NORML’s guide to NZ cannabis policies
    NORML’s policy, renewed at our recent national conference , is to encourage supporters to vote for parties and candidates who will work to reform our cannabis laws....
    Scoop politics | 27-08
  • Internet Mana List Embodies Modern Aotearoa
    An impressive mix of personal and professional skills, cultural backgrounds and ages marks the release of Internet MANA’s combined party list. “Our list highlights the calibre of talent woven throughout Internet MANA,” said leader Hone Harawira....
    Scoop politics | 27-08
  • The Dirty Politics Fallout
    Tonight’s 3News-Reid Research poll shows that the Conservative Party is on the verge of making it into the next Parliament, even without an electorate deal with National. The poll, conducted in the week following the release of Nicky Hager’s...
    Scoop politics | 27-08
  • Te reo Māori trending at New Zealand Fashion Week
    Language and fashion express culture and identity so it’s fitting for the Māori Party to launch its te reo Māori policy at New Zealand’s premiere fashion event in Auckland....
    Scoop politics | 27-08
  • Party And Candidate Lists for 2014 Election Released
    The Electoral Commission has released the nominations for the 2014 General Election, with 15 registered political parties and 554 candidates contesting the election....
    Scoop politics | 27-08
  • Take Steps Against Child Poverty with Us!
    TAKE STEPS AGAINST CHILD POVERTY WITH US! Britomart to Aotea Square, Auckland, 11am, Saturday 6 Sept Music * Interactive Art * Stilt Walkers * Great Speakers * Plus more!...
    Scoop politics | 27-08
  • Leading politicians to debate NZ’s role in the world
    Have you ever wondered where New Zealand stands when it comes to issues beyond our borders? Join Amnesty International's North Shore Group on Monday 1 September for a lively cross party debate and the chance to find out the answer...
    Scoop politics | 27-08
  • Political Debate on Family Violence – Livestream
    The Dunedin Collaboration Against Family Violence is happy to announce the upcoming political debate on Family Violence chaired by Professor Nicola Atwool of the University of Otago. Family Violence is a huge problem in our community and we invite representatives...
    Scoop politics | 27-08
  • Politicians ignore 20% of New Zealanders
    Despite 20% of New Zealanders supporting it, none of the parties currently represented in Parliament endorse the legalisation of cannabis....
    Scoop politics | 27-08
  • Company tax rates
    The Op Ed pages of the left-leaning New York Times are full of articles by economists supporting proposals to dramatically lower Company Taxes. These economists are urging the United States to lower company taxes and point to Canada where the...
    Scoop politics | 27-08
  • Stephen Dudley Case: No appeal or review of discharge
    On 8 August 2014 Crown Law received a request from the office of the Auckland Crown Solicitor to consider a Crown appeal against the discharge without conviction entered in respect of M in the High Court at Auckland on 7...
    Scoop politics | 27-08
  • Dudley Family Statement
    “We are utterly devastated at the news regarding the law not allowing for this unjustified discharge without conviction to be appealed....
    Scoop politics | 27-08
  • Chief Judge: Chief Sized Offender Bias
    “Justice by name, not by nature” states Ruth Money Sensible Sentencing Trust National Spokesperson, of Justice Helen Winkelmann’s decision to discharge without conviction the offender charged with the fatal attack on 15 year old schoolboy Stephen...
    Scoop politics | 27-08
  • Confusion over BPS Reducing Crime and Reoffending Results
    A survey has revealed widespread confusion – even amongst professionals in the justice sector – about what the government’s reducing crime and reoffending progress reports actually mean....
    Scoop politics | 26-08
  • Commission condemns violent attack on Gay Wellingtonians
    The Human Rights Commission has condemned a violent attack on staff and patrons at a gay bar in central Wellington last Friday. GayNZ reported that the alleged attackers were abusive and violent when they realised the bar and the people...
    Scoop politics | 26-08
  • One down, 12 to go says Community Housing Aotearoa
    The Waimahia Inlet is a step in the right direction for community housing to deliver 20% of New Zealand’s social and affordable housing by 2020, says Community Housing Aotearoa. CHA Director Scott Figenshow says the sector has been set a...
    Scoop politics | 26-08
  • Research considering changes to pedestrian crossing laws
    A University of Canterbury research project has been considering the costs and benefits of a range of potential changes to pedestrian crossing laws that would bring New Zealand in line with the rest of the world....
    Scoop politics | 26-08
  • Dairy farmers and consumers at risk from unapproved GE Grain
    The Ministry for Primary Industries (MPI) must immediately test all maize and soy for presence of unapproved GE lines coming from the Americas....
    Scoop politics | 26-08
  • NZ on Air Refuse to Condemn “Kill the PM” Song
    New Zealand On Air has refused to condemn @peace’s 'Kill the PM' song, and will not provide any assurance that no further taxpayer money will be used to support groups that promote violence and political hate. Earlier today the Taxpayers’...
    Scoop politics | 26-08
  • iPredict Ltd 2014 Election Update #32
    The combined wisdom of iPredict’s 8000 registered traders suggests National has begun a recovery after its prospects crashed last week following the release of Nicky Hager’s book Dirty Politics . The governing party’s forecast party vote is back...
    Scoop politics | 26-08
  • Juicy carrot for prisoners alarming suggestion – McVicar
    The Conservative Party Justice Spokesman, Garth McVicar says the public will be alarmed to learn that the only tool the Corrections Department has available to get prisoners to behave is to offer them a juicy carrot....
    Scoop politics | 26-08
  • Panel: Fiji’s Return to Democracy
    Fiji’s post-coup elections and their impact in the Pacific o What is the role of the media in the Elections? o How might New Zealand help Fiji on its return to democracy?...
    Scoop politics | 26-08
  • Cross-party consensus on climate change critical
    Senior NZ health professionals welcome recent policy announcements on climate change by major political parties, saying cross-party consensus is critical to address this leading health issue....
    Scoop politics | 26-08
  • Minister of Transport to Attend Election Debate Tomorrow
    Organisers of tomorrow night's transport debate in Auckland are delighted that Minister of Transport Hon. Gerry Brownlee will now be attending....
    Scoop politics | 26-08
  • Society Applauds Proposed NZ-Wide Risk Assessment
    The Wise Response Society is heartened to see that Labour' just released Climate Change policy includes formal support for the Society's call for a New Zealand-wide Risk Assessment. The Green Party has also formally acknowledged support for the Wise...
    Scoop politics | 26-08
  • Iwi Leaders welcome Labour policy on climate change
    Labour’s policy to stamp out price – gouging by big polluters that has cost New Zealand tax-payers $1.4 billion over the last 3 years and especially impacted low – income Maori households has been welcomed by Dr. Apirana Mahuika, Chairman...
    Scoop politics | 26-08
  • Auckland Broadcasting Debate this Sunday
    Auckland Broadcasting Debate 6.30pm, August 31st 2014 (doors open 6.15pm) Pioneer Women's Hall High Street, Auckland City...
    Scoop politics | 26-08
  • New Zealand First Party List 2014
    New Zealand First is pleased to release the Party list for the 2014 election. We believe the list is a balance of experience, youth, skill and ability. These candidates, many of whom will be in Parliament after the election, will...
    Scoop politics | 26-08
  • Refugee Policy in Election Year
    Leading politicians representing major political parties will be highlighting their policies, answering questions and ebating the issues in the lead-up to the coming election in an event organised by RCNZ this coming Saturday in Auckland. The present...
    Scoop politics | 26-08
  • Intueri shareholders celebrate corporate welfare
    New Zealand's largest tertiary education company Intueri, which announced a $1.6 million profit yesterday, has received an increase in public funding over the last two years of at least $1.8 million....
    Scoop politics | 26-08
  • Response to “Kill The PM” Song Coverage
    I do not want to literally kill this man. I do not wish to have sexual relations with anybody related to him. Let's not pretend a silly little song ever changed anything. Last I seen famine was still going pretty...
    Scoop politics | 26-08
  • Sarjeant Gallery redevelopment resource consent approved
    Mayor Annette Main has welcomed the granting of resource consent for the Sarjeant Gallery Te Whare o Rehua Whanganui redevelopment project....
    Scoop politics | 25-08
  • How much tax does PM pay compared to a minimum wage worker?
    John Minto, MANA Movement Economic Justice Spokesperson Tuesday 26 August, 2014 MANA Movement Economic Justice spokesperson John Minto is calling for a radical overhaul of New Zealand’s taxation system with calculations showing that a minimum wage...
    Scoop politics | 25-08
  • Aucklanders to March in Solidarity with Iraqi Christians
    Hundreds of people are expected at a march this weekend in Auckland's Queen St, calling for solidarity with persecuted minorities in Iraq....
    Scoop politics | 25-08
  • Why not let Robin Hood help our children thrive?
    Why have we been so willing to accept the fact that a quarter of our children live in poverty? And why are we so unwilling to do anything about it when some simple measures would give all New Zealand’s kids...
    Scoop politics | 25-08
  • Te Mana o Te Wai – the quality and vitality of water
    The Māori Party intends introducing legislation that gives the status of taonga to freshwater and will prioritise the improvement of its quality and vitality making it safer for drinking, swimming and gathering food....
    Scoop politics | 25-08
  • “Kill the PM” Band @Peace with Taxpayers’ Money
    Responding to the Fairfax article that hip-hop group @peace have released a track that threatens to kill the Prime Minister and have sex with his daughter, Taxpayers’ Union Executive Director Jordan Williams says:...
    Scoop politics | 25-08
  • New Zealanders are right to be afraid of burglars
    “A poll in a major morning newspaper shows New Zealanders are afraid they will be burgled. They are definitely right about that,” said Dr. Jamie Whyte ACT Leader. “Official Police statistics report less than half of the burglaries that actually...
    Scoop politics | 25-08
  • National and Labour to outline economic visions
    The deputy leaders of National and Labour will outline their visions for the New Zealand economy in two upcoming public lectures hosted by Victoria University of Wellington....
    Scoop politics | 25-08
  • Objectionable Hip-Hop Song Offensive to All NZ’ers
    Family First is slamming Auckland hip-hop crew @peace for their new release containing lyrics that threaten to kill Prime Minister John Key and have sex with his daughter....
    Scoop politics | 25-08
  • Maori party Candidates Announced
    Maori Party Candidates Announced The Māori Party has today announced its list of 24 candidates to contest the 2014 General Election. "The list is headed by our co-leader Te Ururoa Flavell, and followed by two brilliant young candidates, number...
    Scoop politics | 25-08
  • Commercial Industry Opposes Recreational Fishing Policy
    Press release from Alan Simmons. United Future Outdoors spokesperson and Candidate for Taupo. United Future Party President....
    Scoop politics | 25-08
  • Statement on William Yan
    The Internet Party has noted published comments from Mega Ltd. about a shareholding in the company being subject to a Restraining Order by police under the Criminal Proceeds (Recovery) Act in relation to Mr William Yan....
    Scoop politics | 25-08
  • Conservatives will abolish Parole – McVicar
    The Conservative Party Justice Spokesman says that one of his first tasks when he gets to Parliament will be to overhaul the Parole system. On current polling and the fact he is ranked No 3 on the Conservative Party list...
    Scoop politics | 25-08
  • ONE News & Facebook – Election Coverage Collaboration
    Auckland - ONE News and Facebook are collaborating to offer an interactive and social experience for the 2014 General Election utilising data insights and trends. This collaboration provides a new way for the electorate and candidates to share their...
    Scoop politics | 25-08
  • Vote Compass Reaches 200,000+ Respondents
    On Friday 22 August the total number of respondents to Vote Compass reached an impressive 200,000 - and that number continues to grow rapidly (the total was more than 204,500 as of 5.00pm Sunday 24th)....
    Scoop politics | 25-08
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