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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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    You have a rare opportunity to tell the people who are making the decisions on cycling how to make it better. The Cycling Safety Panel is seeking feedback on their draft recommendations for improving the safety of cycling in New...
    Greens | 08-10
  • Subsidising more pollution will undermine water clean-up plan at Te Waihora...
    In 2010, NIWA found Canterbury’s Te Waihora/Lake Ellesmere had the worst nutrient status of 140 lakes around New Zealand that it measured. In 2011, the National Government committed to spending $15 million across the country through the Fresh Start for...
    Greens | 08-10
  • Adding value not herbicides
    The HT swedes, and other brassicas, might seem like a good idea to farmers struggling against weeds but like the GE road, is this the path we want our agriculture to be treading? The Federated Farmers President, Dr William Rolleston...
    Greens | 07-10
  • ‘Blame the Planner’ bizarre approach to child poverty
    The National Government is stooping to a bizarre new low in blaming "planning processes" for poverty and inequality, after spending six years doing nothing about either the housing market or child poverty, the Green Party said today. Finance Minister Bill...
    Greens | 07-10
  • Media Advisory
    MANA Leader, Hone Harawira will not be available to speak with media today regarding his release “Recount Just One Step To restoring Credibility”. He is however available for media comment tomorrow, Tuesday the 8th of October, all media arrangements are...
    Mana | 07-10
  • RECOUNT JUST ONE STEP TO RESTORING CREDIBILITY
    “I have applied for a judicial recount of the votes in the Tai Tokerau election because it is one step in trying to restore credibility to the electoral process in the north, and, I suspect, in all other Maori electorates...
    Mana | 07-10
  • MANA SEEKS TAI TOKERAU RECOUNT
    The MANA Movement is supporting Leader Hone Harawira’s application for a judicial re-count in the Te Tai Tokerau electorate for the 2014 general election. President Lisa McNab says there are a number of serious issues of concern regarding the ability...
    Mana | 07-10
  • MANA to fight mass privatisation of state housing
    Announcements over the past 12 hours from the Minister responsible for Housing New Zealand, Bill English, and Minister for Social Housing, Paula Bennett, make clear the government’s intention for the mass privatisation of state housing. This comes during the middle...
    Mana | 07-10
  • Journalists have right to protect sources
    Legal authorities must respect the right of journalist Nicky Hager to protect the source of his material for his Dirty Politics book under Section 68 of the Evidence Act, Acting Labour Leader David Parker says. “It is crucial in an...
    Labour | 06-10
  • It shouldn’t take the Army to house the homeless
    National’s move to speed up its state house sell-off shows it is bankrupt of new ideas, says Labour’s Housing spokesperson Phil Twyford. “National has been in office for six years, yet the housing crisis has got worse every month and...
    Labour | 06-10
  • Government must lift social housing supply, not shuffle the deck chairs
    National's decision to shift the state provision of housing to third parties is a smokescreen for the Government decreasing the provision of affordable housing, the Green Party said today."What National should be doing is increasing the supply of both social...
    Greens | 06-10
  • Election 2014 – the final count
    While we have to wait for the final booth level counts we can now see how well we did in the specials and look at electorate level data. First off special votes (and disallowed/recounted votes etc). There was a change...
    Greens | 06-10
  • We need more houses, not Ministers
    The Government’s decision to have three housing Ministers will create a dog’s breakfast of the portfolio and doesn’t bode well for fixing the country’s housing crisis, Labour’s Housing spokesperson Phil Twyford says. “New Zealanders need more houses, not more Ministers....
    Labour | 05-10
  • Review: Perfect Place
    I went to a Perfect Place on Tuesday night, and what a delight it was. The marshmallows sweetly (and forcefully) handed out pre-show, set the tone for the next hour. Walking up the stairs at The Basement was a complete...
    The Daily Blog | 23-10
  • 5AA Australia – NZ on UN Security Council + Dirty Politics Lingers On
    5AA Australia: Selwyn Manning and Peter Godfrey deliver their weekly bulletin Across The Ditch. General round up of over night talkback issues: Thongs, Jandals and flip-flops… ISSUE 1: New Zealand has been successful in its campaign to become a non...
    The Daily Blog | 22-10
  • When I mean me, I mean my office & when I call whaleoil I mean not as m...
    This. Is. Ludicrous. Green Party co-leader Russel Norman put the first of what are likely to be many questions about Mr Key’s relationship with Slater, asking him how many times he had phoned or texted the blogger since 2008. “None...
    The Daily Blog | 22-10
  • A brief word on describing the Government as ‘boring and bland’
    The narrative being sown is that this Government will be a boring and bland third term. Boring and bland. Since the election, Key has announced he is privatising 30% of state houses without reinvesting any of that money back into housing society’s most...
    The Daily Blog | 22-10
  • More Latté Than Lager: Reflections on Grant Robertson’s Campaign Launch.
    BIKERS? SERIOUSLY! Had Grant Robertson’s campaign launch been organised by Phil Goff? Was this a pitch for the votes of what few Waitakere Men remain in the Labour Party? Was I even at the right place? Well, yes, I was....
    The Daily Blog | 22-10
  • About Curwen Ares Rolinson
    Curwen Ares Rolinson – Curwen Ares Rolinson is a firebrand young nationalist presently engaged in acts of political resistance deep behind enemy lines amidst the leafy boughs of Epsom. He is affiliated with the New Zealand First Party; although his...
    The Daily Blog | 21-10
  • About Kelly Ellis
    Kelly Ellis.Kelly Ellis – As a child, Kelly Ellis didn’t so much fall into the cracks, but willfully wriggled her way into them. Ejected from Onslow College – a big job in the 70s – Kelly worked in car factories,...
    The Daily Blog | 21-10
  • About Kate Davis
    Kate Davis.Kate Davis – Having completed her BA in English and Politics, Kate is now starting her MA. Kate works as a volunteer advocate at Auckland Action Against Poverty and previously worked for the New Zealand Prostitutes Collective. Kate writes...
    The Daily Blog | 21-10
  • Parker does a Shearer – oh for a Labour Leader who can challenge msm fals...
    Sigh. It seems David Parker has done a Shearer… Like a cult and too red – Parker on LabourLabour leadership contender David Parker says Labour borders on feeling like “a cult” and must look at its branding – including its...
    The Daily Blog | 21-10
  • A brief word on the hundreds of millions NZ is spending on the secret intel...
    The enormity of the mass surveillance state NZ Government’s have built carries a huge price tag… Kiwis pay $103m ‘membership fee’ for spyingThe $103 million taxpayer funding of New Zealand’s intelligence agencies is effectively a membership fee for joining the...
    The Daily Blog | 21-10
  • Where. Is. Jason. Ede?
    Where. Is. Jason. Ede?...
    The Daily Blog | 21-10
  • Labour’s Din of Inequity
    Watching Labour’s leadership candidates on Q+A on Sunday, I noticed the ongoing use of terms like “opportunity” and “aspiration”, and “party of the workers”. What do these mean? We glean much from Labour, and from the media about Labour, but not...
    The Daily Blog | 21-10
  • “Blue-Greenwash” fails the test when it comes to endangered dolphins
    National’s pre-election promises saw some wins for the environment – perhaps as the party sought to appease its “Blue-Green” voters and broaden its popular appeal. Some of the ecological gains were a long time in the making, overdue even– such...
    The Daily Blog | 21-10
  • Reasons not to be cheerful, Part #272b
    Why don’t you get back into bed? The next few years — the rest of this century — are not going to be pretty. There is an obvious disconnect between any remaining political ambition to fix climate change and the...
    The Daily Blog | 21-10
  • OIA protocols and official advice ignored to hide Child Poverty
    It might not seem so now, but child poverty was a major election issue. What a pity we did not have the full debate. In that debate it would have been very helpful to have seen the Ministry of Social...
    The Daily Blog | 20-10
  • Previewing the 4 candidates for Leader of the Labour Party
    The extraordinary outbursts by Shearer last week highlights just how toxic that Caucus is. Shearer was on every major media platform as the ABC attack dog tearing into Cunliffe in the hope of diminishing Cunliffe’s support of Little by tearing...
    The Daily Blog | 19-10
  • GUEST BLOG: Kate Davis – the sudden explosion of ‘left’ blogs
    Time to Teach or more people will suffer from P.A.I.D. Political And Intellectual Dysmorphia.I was on the Twitter and a guy followed me so of course I did the polite thing and followed him back. He wrote a blog so...
    The Daily Blog | 19-10
  • Ego vs Eco
    Ego vs Eco...
    The Daily Blog | 19-10
  • We can’t let the Roastbuster case slip away
    Those of us (like me) left with hope that the police would aggressively follow through on the large amount of evidence on offer to them (let’s not forget they forgot they even had some at one point) in the Roastbusters...
    The Daily Blog | 19-10
  • Food, shelter and medicine instead of bombs and bullets
    The on-going conflict across the Middle East – due in large part to the US-led invasions of Afghanistan and Iraq – has created another humanitarian crisis of biblical proportion. The essentials of life are desperately needed in Iraq and Syria...
    The Daily Blog | 19-10
  • The politics of electorate accommodations
    National’s electorate accommodations with ACT and United Future were a big factor in it winning re-election. Interestingly, there is another electorate accommodation scenario whereby the centre-left could have come out on top, even with the same distribution of party votes....
    The Daily Blog | 19-10
  • Why you should join the TPPA Action on 8 November
    On 8 November 2014, thousands of Kiwis will take part in the International Day of Action to protest the Trans-Pacific Partnership Agreement (TPPA). The rally cry for us is TPPA – Corporate Trap, Kiwis Fight Back. Why should you join...
    The Daily Blog | 19-10
  • GUEST BLOG – Patrick O’Dea: no new coal mines
    Green Party and Mana Party policy is “NO NEW COAL MINES!” Auckland Coal Action is trying to put this policy into action on the ground. ACA after a hard fought two year campaign waged alongside local residents and Iwi, in...
    The Daily Blog | 19-10
  • Comparing Police action – Hager raid vs Roast Buster case
    This satire had the NZ Police contact TDB and threaten us with 6months in prison for using their logo.   The plight of Nicky Hager and the draconian Police actions against him has generated over  $53 000 in donations so...
    The Daily Blog | 18-10
  • Malala Yousafzai, White Saviour Complexes and Local Resistance
    Last week, Malala Yousafzai was the co-recipient of the Nobel Peace Prize. Since her exposure to the worldwide spotlight, her spirit, wisdom and strength have touched the hearts of people everywhere. However, there have been cynics who have argued that...
    The Daily Blog | 18-10
  • Jason Ede is back – but no media can interview him?
    Well, well, well. Jason Ede, the main figure connected to John Key’s office and the Dirty Politics black ops is back with a company with deep ties to the National Party. One thing you can say about the right –...
    The Daily Blog | 18-10
  • GUEST BLOG: Curwen Rolinson – Leadership Transitions In Other Parties: A ...
    As cannot have escaped anyone’s attention by now, the country is presently in the grips of an election and campaign that will help determine the fate of the nation for years to come. It’s gripping stuff – with clear divides...
    The Daily Blog | 17-10
  • SkyCity worker says she faces losing her house
    SkyCity worker Carolyn Alpine told the company annual shareholder’s meeting today that she faced the prospect of losing her house because the company had cut her shifts from two a week to one without consultation. The solo mother, has worked...
    The Daily Blog | 17-10
  • Greg O’Connor’s latest push to arm cops & 5 reasons not to
    I was wondering at what point within a 3rd term of National that Police Cheerleader Greg O’Connor would start trying to demand cops be armed. O’Connor must have thought to himself, ‘if bloody Key can get us and the GCSB vast new...
    The Daily Blog | 16-10
  • You can’t have crisis without ISIS
    So the new scary bogeyman ISIS might have chemical weapons that the US secretly found in Iraq, but America didn’t want to expose this find because the WMDs were actually built and made by the US and Europe, the two powers...
    The Daily Blog | 16-10
  • NZ WINS UN SPIN THE BOTTLE! Privately sucking up to America for a decade me...
    Oh, we are loved! Little old NZ, the 53rd state of America after Israel and Australia, gets to sit at the adults table for the special dinner party that is the UN Security Council. How delightful, a decade of privately...
    The Daily Blog | 16-10
  • MEDIA BLOG – Myles Thomas – A World Without Advertising
    Non-commercial broadcasting and media. It’s a solution for all manner of problems ailing our tender nation… voter engagement, unaccountable governance, apathy, stupefaction, public education, science in schools, arts appreciation, cultural cringe… But no-one could’ve guessed that non-commercial media might solve...
    The Daily Blog | 16-10
  • March against war – 2pm Saturday 25th October
    March against war – 2pm Saturday 25th October...
    The Daily Blog | 16-10
  • Whack a mole as US govt foreign policy
    Whack-A-Mole was a popular arcade game from my youth.  It consisted of a waist high cabinet with holes in the top. Plastic moles seemingly randomly pop out of these holes. The purpose of the game was to hit as many...
    The Daily Blog | 16-10
  • In Paean of Debt
    This week is ‘Money Week’. It’s an opportunity to promote to the middle classes, and anyone else who will listen, the virtues of wise ‘investment’. The aims are to promote the mystical (and indeed mythical) virtues of saving for the...
    The Daily Blog | 16-10
  • The last 48 hours – Poverty denial, war denial and unapologetic abuse of ...
    The bewildering speed of events that simply end in Key shrugging and proclaiming he doesn’t really give a shit is coming think and fast as the Government suddenly appreciate the full spectrum dominance they now enjoy. Here is Radio NZ...
    The Daily Blog | 16-10
  • GUEST BLOG: Pat O’Dea – Mana 2.0 Rebooted
    Internationally the news is that Evo Morales of Bolivia won big with Left Wing policies But what are the chances that the Left will make a resurgence in this country? As the internecine struggles between the Left and the Right...
    The Daily Blog | 15-10
  • The Blomfield IPCA letter – Has Dirty Politics leaked into the NZ Police ...
    It’s difficult to know what to make of the IPCA letter to Matthew Blomfield over Slater’s continued insistence that the hard drive taken from Matthew wasn’t stolen.  Slater has selectively cherry picked the Police referring back to his claim that Blomfeild perjured...
    The Daily Blog | 15-10
  • ​Media release: Rail and Maritime Transport Union – Auckland move for K...
    The Rail and Maritime Transport Union is questioning a KiwiRail proposal to progressively relocate its Zero Harm personnel from Wellington to Auckland. “The purpose of the Zero Harm team is to drive KiwiRail’s performance in health and safety.  Rail is a...
    The Daily Blog | 15-10
  • Amnesty International – Friend request from an IS militant
    There’s always that one person, that one Facebook friend, usually a musician or event promoter, who, when you so foolishly accept their friend request, will completely inundate your news feed with copious event invitations and promotions. The person who, despite...
    The Daily Blog | 15-10
  • NZ should follow the UK and recognize the Palestinian state
    Over the past two weeks, the United Kingdom and Sweden have made headlines through their decisions to recognize the state of Palestine. They are hardly the first nations to do so. Indeed, 134 countries have, in various ways, given formal...
    The Daily Blog | 15-10
  • The Discordant Chimes of Freedom: Why Labour has yet to be forgiven.
    WHY DOES THE ELECTORATE routinely punish Labour and the Greens for their alleged “political correctness” but not National? It just doesn’t seem fair. Consider, for example, the Crimes (Substituted Section 59) Amendment Act 2007 – the so-called “anti-smacking legislation” –...
    The Daily Blog | 15-10
  • Hosking or Henry – Which right wing crypto fascist clown do you want to w...
    So Mediaworks are finally going to make some actual money from their eye watering contract with Paul Henry by launching a new multi-platform Breakfast show over TV, Radio and internet. This is great news for Campbell Live who have dodged...
    The Daily Blog | 14-10
  • Families need more money to reduce child poverty
    Prime Minister John Key is mistaken to rule out extending the In Work Tax Credit to all poor children (The Nation 11th Oct) and Child Poverty Action Group challenges government advisors to come up with a more cost effective way...
    The Daily Blog | 14-10
  • GUEST BLOG: Kelly Ellis – Don’t shit on my dream
    Once were dreamers. A large man, walks down the road and, even from 200 yards there’s light showing between his big arms and bigger body. It’s as if he’s put tennis balls under his arms. Two parking wardens walk out...
    The Daily Blog | 14-10
  • Labour and ‘special interests’
    The media narrative of Labour is that it is unpopular because it’s controlled by ‘special interests’. This ‘special interests’ garbage is code for gays, Maoris, wimin and unionists. We should show that argument the contempt it deserves. The next Labour...
    The Daily Blog | 14-10
  • Housing; broken promises, families in cars, and ideological idiocy (Part Ru...
    . . Continued from: Housing; broken promises, families in cars, and ideological idiocy (Part Tahi) . National’s housing development project: ‘Gateway’ to confusion . Perhaps nothing better illustrates National’s lack of a coherent housing programme than the ‘circus’ that is...
    The Daily Blog | 14-10
  • Here’s what WINZ are patronisingly saying to people on welfare when they ...
    Yesterday, a case manager from WINZ called to tell me that I needed to “imagine what I would do if I did not have welfare”. I replied “Well, I guess if I couldn’t live at home, I would be homeless.”...
    The Daily Blog | 14-10
  • David Shearer’s ‘no feminist chicks’ mentality highlights all that is...
    Mr Nasty pays a visit Shearer’s extraordinary outburst last night on NZs favourite redneck TV, The Paul Henry Show, is a reminder of all that is wrong within the Labour Caucus right now… He said the current calls for a female or...
    The Daily Blog | 13-10
  • Greenpeace 1 – Shell 0
    Greenpeace 1 – Shell 0...
    The Daily Blog | 13-10
  • Unanimously Call for Commissioner to Arm Police Full Time
    In the wake of a series of recent armed offender incidents, delegates to the Police Association Annual Conference today called unanimously on the Commissioner to arm Police full time....
    Scoop politics | 23-10
  • Bank gets behind NZ wildlife icon with sizable donation
    It will be easier than ever this summer for holiday-markers to dip into their pockets to support the yellow-eyed penguin....
    Scoop politics | 23-10
  • WorkSafe report raises concerns about asbestos
    The union representing construction workers in the Canterbury rebuild is surprised at WorkSafe’s conclusion that no action needs to be taken against EQC and Fletcher EQR over asbestos exposure in Canterbury homes. “This report was an opportunity...
    Scoop politics | 23-10
  • Union accuses SkyCity CEO of misleading public
    Unite Union has accused SkyCity CEO Nigel Morrison of misleading the public over the cut in hours for a staff member who raised the issue at the company's AGM....
    Scoop politics | 23-10
  • Last Hurrah on the Taxpayer
    Responding to the NZ Herald report that Hone Harawira spent up $54,000 on the taxpayer in his last three months as an MP, Taxpayers’ Union Executive Director Jordan Williams says: “It is absolutely disgraceful that an MP managed to rack...
    Scoop politics | 23-10
  • Press statement in relation to search of Nicky Hager’s home
    On 2 October 2014, Nicky Hager's home in Wellington was searched by police. Mr Hager asserted that documents kept at his house were protected by privilege, including because they contained information that might identify confidential sources....
    Scoop politics | 22-10
  • The Sam Simon arrives into Auckland for new campaign
    This morning Sea Shepherd ship, the Sam Simon, arrived into Auckland harbour after its journey from Melbourne. The ship and its 25 crew from around the globe have come to New Zealand to source supplies and prepare for the upcoming...
    Scoop politics | 22-10
  • Low inflation – time for meaningful wage increases
    With inflation low, now is a good time for workers to negotiate for pay increases that outstrip price rises and deliver real increases in wages and salaries. “For too many people, real pay increases have been missing for several years...
    Scoop politics | 22-10
  • Auckland Rates Rises Out of Control
    Responding to the NZ Herald report that Auckland ratepayers will face an average of a 29 percent rates increase, Taxpayers’ Union Executive Director Jordan Williams says: “These rate rises show that Len Brown's spending is out of control.”...
    Scoop politics | 22-10
  • Protest at New Plymouth Oil and Gas Expo
    About 30 protesters from Climate Justice Taranaki, Frack-free Kapiti, Te Uru Pounamu Action Group, Oil Free Wellington, Frack-free Manawatu and the east coast protested yesterday outside New Plymouth's biennial Oil and Gas Expo at the TSB Stadium....
    Scoop politics | 22-10
  • FMA warns consumers about cold-calling investment offers
    The Financial Markets Authority (FMA) is warning New Zealand consumers and investors to be wary of cold-calls asking them to buy shares or put their money into offshore firms....
    Scoop politics | 22-10
  • Comprehensive plan needed to end child poverty
    Child Poverty Action Group says it is vital the newly re-elected National government takes a planned and comprehensive approach to reducing child poverty in New Zealand....
    Scoop politics | 22-10
  • Metiria Gets Feed the Kids
    Yesterday the Speaker of the House advised that he had accepted my request to transfer my Feed the Kids (Education (Breakfast and Lunch Programmes in Schools) Amendment) Bill to Metiria Turei of the Green Party....
    Scoop politics | 22-10
  • DIA undercover investigation leads to jailing
    An undercover Internal Affairs investigation has led to a Hastings man being jailed for three and half years....
    Scoop politics | 22-10
  • Call on Minister McCully to pursue the case of Balibo Five
    Media Information: Call on Minister McCully to pursue the case of journalist Gary Cunningham and the Balibo Five...
    Scoop politics | 22-10
  • Australia and NZ actions on press freedoms alarming
    Global support for investigative journalism in Australia and New Zealand is a welcome response to law changes and a police raid, says the Pacific Freedom Forum...
    Scoop politics | 22-10
  • Call for release of French journalists in West Papua
    West Papua Action Auckland, the EPMU Print and Media Council and the NZ Media Freedom Network call on the Minister of Foreign Affairs to speak out in support of the two French TV journalists whose trial has just begun in...
    Scoop politics | 21-10
  • Court of Appeal: Dotcom v 20th Century Fox Film Corporation
    A The appeal is dismissed. B The 20 August 2014 order of the High Court dealing with confidentiality and the 29 August 2014 order of this Court dealing with confidentiality are set aside. C The confidentiality orders set out in...
    Scoop politics | 21-10
  • Glassons Blasted For Glamourising Animal Cruelty
    Clothing brand Glassons have found themselves embroiled in another controversy after launching a new advert featuring a girl riding a bull. Animal advocacy organisation SAFE have asked them to remove the ad immediately as it glamourises animal cruelty....
    Scoop politics | 21-10
  • Smuggling honey into New Zealand isn’t sweet
    Smuggling honey into New Zealand isn’t sweet Federated Farmers Bee Industry Group applauds the tough line taken by Ministry for Primary Industries (MPI) Border Staff at Auckland Airport. In deporting the couple found trying to smuggle bee products...
    Scoop politics | 21-10
  • Taxpayers’ Union Responds to Joyce on Corporate Welfare
    Responding to Economic Development Minister Steven Joyce’s defence of corporate welfare , Jim Rose, the author of Monopoly Money , a Taxpayers Union report on corporate welfare since 2008, says:...
    Scoop politics | 21-10
  • Speech from the Throne brings welcome focus on children
    Today’s speech from the Throne confirms the Government’s focus on children, youth and their families in the areas of health, education, youth employment, poverty alleviation and Whānau Ora; now the challenge is to ensure every child in New Zealand...
    Scoop politics | 21-10
  • John’s Job Fairs no fix for unemployment and poverty
    “John Key has clearly been looking to the US for his latest bright idea on dealing with employment issues,” says Auckland Action Against Poverty coordinator Sue Bradford. “Job fairs where the desperately unemployed queue in their corporate best to compete...
    Scoop politics | 21-10
  • Speech From the Throne Foreshadows More Corporate Welfare
    Responding to the Governor General’s Speech from the Throne, which outlined that the Government’s intentions for the next Parliamentary term would include further Business Growth Agenda initiatives, Taxpayers’ Union Executive Director Jordan...
    Scoop politics | 21-10
  • Green MP to speak at panel on Rainbow Mental Health
    Hamilton, New Zealand: Recently re-elected Green Party MP Jan Logie will be a guest speaker at a panel on the mental health of Gay, Lesbian, Bisexual, Trangender, Takataapui and Intersex people taking place on November 1st as part of the...
    Scoop politics | 20-10
  • Evidence Supports GE Moratorium
    Federated Farmers spokesman Graham Smith's call for a 'rethink' on release of GeneticallyEngineered organisms is misguided, and instead it is time for a formal moratorium on GMOs in the environment.(1)...
    Scoop politics | 20-10
  • Chatham Rise mining could have impact on whales and dolphins
    Wellington, 21 October 2014--Mining phosphate on the Chatham Rise, off the east coast of New Zealand’s south island, could potentially have many impacts on marine mammals like whales and dolphins, the Environmental Protection Agency was told today....
    Scoop politics | 20-10
  • Council endorses Nanaia Mahuta as the next Labour leader
    Te Kaunihera Māori, the Māori Council of the New Zealand Labour Party, have passed a resolution to endorse the Hon Nanaia Mahuta as the next leader of the Labour Party...
    Scoop politics | 20-10
  • Kaumatua to organise petition to end Maori seats
    Ngapuhi kaumatua David Rankin has announced that he will be organising a nationwide petition to seek support from Maori voters to end the Maori seats. “These seats are patronising”, he says. “They imply we need a special status, and that...
    Scoop politics | 20-10
  • Announcing a New Voice for The Left
    Josh Forman is pleased to announce the creation of a new force on the Left of politics in New Zealand....
    Scoop politics | 20-10
  • Public services held back by poor workplace culture
    A new report by Victoria University’s Centre for Labour, Employment and Work shows that public servants are working significant unpaid overtime to ensure the public services New Zealanders value are able to continue....
    Scoop politics | 20-10
  • iPredict New Zealand Weekly Economic & Political Update
    Andrew Little’s probability of being the next leader of the Labour Party has reached 70% and Jacinda Ardern is favourite to become his deputy, according to the combined wisdom of the 8000+ registered traders on New Zealand’s predictions market, iPredict....
    Scoop politics | 20-10
  • Prison Drug Treatment Unit marks a milestone
    Christchurch Men’s Prison’s Drug Treatment Unit (DTU) celebrated the completion of its 50th six month Drug and Alcohol Programme today, with the graduation of a further twelve offenders....
    Scoop politics | 20-10
  • Security Council seat a chance for NZ to empower women
    The UN Women National Committee Aotearoa New Zealand (UN Women NCANZ) welcomes New Zealand winning a seat on the United Nations Security Council and is calling on New Zealand to use its position to proactively promote effective implementation of the...
    Scoop politics | 20-10
  • Waipareira and ACC sign Partnership
    Waipareira and The Accident Compensation Corporation (ACC) have signed a Memorandum of Understanding at Whanau Centre, Henderson – marking a special day for the West Auckland Urban Maori organisation....
    Scoop politics | 20-10
  • Humanitarian aid desperately needed in Iraq and Syria
    Global Peace and Justice Auckland is calling on the government to provide humanitarian funding for non-aligned NGOs (non-governmental organisations) in the Middle East rather than give any support whatever for the US-led military campaign in the area....
    Scoop politics | 19-10
  • Court Judicial Decision: Dotcom v The USA: 17 October 2014
    The United States of America is seeking the extradition of Messrs Dotcom, Batato, Ortmann and Van Der Kolk. The matter has been before the Courts on numerous occasions, and no further recitation of the facts is needed....
    Scoop politics | 19-10
  • Marshall Island poet speaks at UN climate summit
    “The fossil fuel industry is the biggest threat to our very existence as Pacific Islanders. We stand to lose our homes, our communities and our culture. But we are fighting back. This coming Friday thirty Pacific Climate Warriors, joined by...
    Scoop politics | 19-10
  • Many tourist car accidents preventable
    Simple steps could dramatically reduce the number of accidents involving tourists, says the car review website dogandlemon.com ....
    Scoop politics | 19-10
  • RainbowYOUTH: 25 Years, 25 More
    In 1989, a group of young people in Auckland got together to form a support group for LGBTIQ youth. They called it Auckland Lesbian And Gay Youth (ALGY). After 25 years, several location changes, a name change, a brand reboot...
    Scoop politics | 19-10
  • Outdated Oath shows need for Kiwi Head of State
    MPs are sworn in today and New Zealand Republic has written to MPs asking them to talk about why 121 New Zealanders elected by the people of New Zealand and standing in the New Zealand Parliament swear allegiance to another...
    Scoop politics | 19-10
  • Council shouldn’t revenue grab from windfall valuations
    Auckland Council should state clearly they will not try and capture revenue as a result of the latest valuations and needs reminding that the City’s skyrocketing property values doesn’t change the level or cost of Council’s services, says...
    Scoop politics | 19-10
  • EPMU endorses Andrew Little for Labour leadership
    The National Executive of the Engineering, Printing and Manufacturing Union unanimously endorsed Andrew Little for the role of Labour leader, at a meeting held yesterday. “I have been speaking to our workplace delegates at forums across the country over...
    Scoop politics | 19-10
  • World Food Day promotes Agroecology not GE technology
    The UN has stated that agroecology is a major solution to feeding the world and caring for the earth....
    Scoop politics | 19-10
  • Labour Names Review Team
    Labour’s New Zealand Council has appointed Bryan Gould as Convenor of its post-General Election Review. He will be joined on the Review Team by Hon Margaret Wilson, Stacey Morrison and Brian Corban....
    Scoop politics | 19-10
  • Contenders for Labour leadership debate for first time
    The contenders for the leadership of the Labour Party debated for the first time on TV One’s Q+A programme today....
    Scoop politics | 19-10
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    New Zealand's United Nations Ambassador Jim McLay on TV One’s Q+A programme....
    Scoop politics | 18-10
  • The Nation: RSA President BJ Clark & Ian Taylor, New NZ Flag
    Lisa Owen interviews RSA President BJ Clark and tech innovator Ian Taylor about changing the NZ flag...
    Scoop politics | 18-10
  • The Nation: RSA President BJ Clark & Ian Taylor, New NZ Flag
    Lisa Owen interviews RSA President BJ Clark and tech innovator Ian Taylor about changing the NZ flag...
    Scoop politics | 18-10
  • Lisa Owen interviews Foreign Minister Murray McCully
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