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It’s not stolen – I just borrowed it without asking

Written By: - Date published: 3:23 pm, February 23rd, 2014 - 51 comments
Categories: blogs, crime, law, police - Tags: ,

Much discussion has taken place around the legalities of bloggers accessing data and then publishing it on the web. We’ve heard plenty about the complexity of this issue from the bloggers’ perspective. But little about the complexities facing bloggers’ targets or police investigators.

For this post I will use the Blomfield v Slater example as a case study.

A compliant was made to the police about the illegality of Mr Slater possessing and publishing copies of Mr Blomfield’s property. They declined to lay charges because of no clearly defined reasons in the law. I think that they were mistaken in their understanding of the Crimes Act.

I have had access to the court documents that Mr Blomfield has filed in his defamation proceedings against Mr Slater. I am a supporter of Mr Blomfield’s. I have assisted him with his case and the issues relating to Mr Slater. But this is my opinion of the law as I see it, backed up by some very intensive research.

Judge Blackie asked a very pointed question of Counsel for Slater last year during the defamation case: “So did Mr Slater steal the hard drive?” Mr Williams (lawyer acting for Slater) responded: “No he did not.” Judge Blackie rephrased the question: “So you’re telling me that Mr Blomfield gave it to you or said you can have it? I will ask you again, did Mr Slater steal the hard drive?”. Mr Williams did not respond.

After reading this exchange, I asked Blomfield: “How did Slater get the hard drive?” His response: “I don’t really know. One of Mr Slater’s sources, Mr Warren Powell, had it then it ended up with Slater”. I have read Mr Blomfield’s initial witness statement to the NZ Police and this is what he told them then. As always, Slater has different and varied twists in his explanations. None appear to have any legal validity.

Background

Mr Blomfield is upset and concerned about Slater’s possession and use of material relating to Blomfield, and this is at the kernel of the case.

The material comprises all Blomfield’s physical files that were stored in two filing cabinets in an office he shared with Warren Powell of Hell Pizza. It relates to his private businesses, including confidential client, financials, and commercial data, as well as computer equipment containing electronic material such as his emails, personal files and data, including numerous photographs and videos.

The material essentially comprises almost every record (hard copy or electronic, business or personal) of Mr Blomfield’s life for the previous 10 years or so. In this digital age it is not unusual for the content of people’s computer hard-drives and data storage facilities to contain their most personal and private details.

It is difficult not to feel considerable sympathy for someone in a situation where another person(s) sees fit to gain access to and copy such material without any permission or authority from the owner of the material to do so. Equally, it would be surprising if such action did not constitute a criminal offence.

Mr Slater’s actions

There does not appear to be any dispute that Cameron Slater has made for himself an electronic copy of all of the material belonging to Matthew Blomfield.

Slater’s blog-site posts headed “Blomfield files: free to a good home” (dated 14/5/12 but now removed) stated, inter alia, “I have now copied all of the Blomfield files onto a portable drive. It is just over 1Tb of juicy dirt.” Other material posted or referred to by Slater on his blog-site can only have originated from Blomfield’s personal material (both hard-copy and electronic).

In the submission for Mr Blomfield a strong argument has been made that, in copying Mr Blomfield’s private and personal data (i.e. physical and electronic data which comprises tangible and intangible “property” as defined in section 2 of the Crimes Act 1961), Slater has committed at least three Crimes Act offences:

Property provided to Slater copied was “stolen”

To prove that Slater committed the offence of receiving under s246 of the Crimes Act, it is first necessary to prove that the property he received was stolen or obtained by other criminal means, and that Slater knew, or was reckless, about the manner in which it came into his possession.

The evidence I have reviewed does not positively establish the identity of the person who took Blomfield’s property and made it available to Slater to copy, or the circumstances in which he took possession thereof (although the evidence obtained by Mr Blomfield gives a strong indication of this person’s identity). Accordingly unlawful “taking” cannot be established.

Having possession or control over the physical property and in some way making the property available to Slater to copy would seem to satisfy the ordinary usage of the broad terms “using or dealing” in s219(1)(b) of the Crimes Act. The decision in Davies (Daniel) v Police [2008] 1 NZLR 638 confirms that there can be a “use or dealing” with intangible property (see also Adams on Criminal Law at CA2.29.01).

However, dishonesty must also be proved, on the part of the provider and the receiver of material obtained without its owners’ consent. It would be difficult for the person who made the material available to Slater to argue any belief that its owner Blomfield consented to it being uplifted and provided to Slater.

Intent to deprive the owner permanently of the property or any interest in the property must also be established (see Adams at CA219.05). That the person made the property available to Slater to copy, together with the fact that the person never returned or made any effort to return the physical property to Blomfield would prima facie be sufficient evidence to satisfy the “intent to permanently deprive” requirement.

There is also a strong argument in terms of s219 (2) (a) that there was an intent to deal with the property in such a manner that it could not be returned in the same condition (i.e. uncopied); and that in terms of s219 (2) (b) there was an intention that the owner be deprived of a property interest in the property (i.e. the right to exclusive possession of the electronic material contained therein).

Property provided to Slater was unlawfully received

To prove that Slater unlawfully received the property (or part thereof) as well as proving that the property had been stolen, it would also need to be proved that, at the time of receiving, Mr Slater had knowledge thereof or was reckless as to the manner it was obtained and provided to him. .

Given the nature of the material, and the fact that it was not provided to him by Blomfield (or anyone authorised by him), it would be difficult to argue that Slater was not at the very least reckless as to whether the material was stolen when he received and copied it.

Slater may argue that he never “received” the property. Receiving requires possession and control over the property. On the evidence it is difficult not to conclude that Slater did not come into physical possession of the property, at least temporarily, for the purposes of copying it. On his own website, Slater indicates that he has copied both electronic and hard copy material owned by Blomfield. It would require at least temporary physical possession of the original hard copy material to make copies.

In terms of electronic files, Slater has made the admission: “I have now copied all of the Blomfield files onto a portable drive.” Even if this was done from a supplied electronic copy of the original Blomfield files, a strong argument can be made that Slater’s “copying” of a copy can properly be found to be an act of dishonesty. This argument is set out in detail below in addressing whether a charge of theft can be proved against Mr Slater.

Does Slater’s act in copying material obtained dishonestly constitute theft?

The offence of theft as amended in 2003 now also includes unlawfully dealing with property that was previously considered to be conversion. The actus reus element in s219(1)(b) of “using or dealing” with the property is broad enough in its plain language to cover copying, and as already set out case law confirms that there can be a “use or dealing” with intangible property. Adams notes (at CA2.29.01) that criminal dealings with intangible property can now be the subject of charges of theft, obtaining by deception and the like.”

The first mens rea element for theft is dishonesty, which is focused on the absence of belief in consent to carry out the use or dealing with the property from a person entitled to give such consent. The only person entitled to give such consent here is Blomfield and, accordingly, there is no basis for Mr Slater to argue any such belief in consent.

The second mens rea element is that the actions are done without claim of right or belief that the acts were lawful. While Slater may seek to adduce evidence of a claim of right there is no obvious claim of right on the face of the facts here for copying the personal and private material belonging to Blomfield, or for viewing it, or for posting blogs about it.

The third mens rea element is intent to deprive the owner permanently of the property, or any interest in the property. While it may be submitted that that there was no intention to permanently deprive because the original was not taken or deleted but merely copied, there is a strong argument that copying the property does (and should) amount to depriving the owner permanently of an “interest in the property”. This interest is the owner’s right to have exclusive possession and control of the property and data that has been provided to a third party without the owner’s consent. The argument would be along the following lines:

A major protection of property interests is the criminal offence of theft and its derivative offences. This protection has a long history of responding to new forms of property mirroring change in societal relations and technological developments.

The 2003 changes to New Zealand’s “Crimes against Rights of Property” in the Crimes Act were a direct response to uncertainties in the application of property offences, in light of rapidly developing computer and networked technologies.

The focus of theft law has been moving from the protection of possession towards the protection of the right of property. The property right is not a single right but a bundle of rights drawn from private law and economic practicalities, which can accommodate differing conceptions of ownership and intangible property. (see Wayne Rumbles, “Theft in the digital: can you steal virtual property?”).

One right comprising part of the bundle of rights in relation to material held on electronic media, is the right to exclusive possession and use of the material. If another person is able to copy the material for themselves they gain the same property interest as the true owner, whose property rights are thereby permanently reduced.

Today, there is no practical distinction between an electronic “original” and an electronic “copy”. Ordinary persons would consider the actions of a person who copies the private electronic data of another for themselves without permission to be “Data theft”. The term commonly used to encompass such behaviour.

I would suggest that taking a copy of private electronic data amounts to depriving the owner permanently of an “interest in the property” for a dishonest purposes is theft under the Crimes Act.

Has Slater accessed a computer system for dishonest purposes?

Section 249 of the Crimes Act makes it an offence to directly or indirectly access a computer system to dishonestly obtain any property, privilege, service, pecuniary advantage, benefit or valuable consideration, or cause loss to any other person. (italics added)

Section 248 defines “computer system” as including, inter alia, a computer, 2 or more interconnected computers, and includes all related input, output, processing, storage, software, or communication facilities and stored data.

To “access” includes to receive data from, or otherwise make use of, any of the resources of the computer system. This broad definition of “access” would appear to cover copying material on a computer system; and the words “directly or indirectly” would make any defence that Mr Slater may have never been in physical possession of the property, untenable.

The physical items on which the electronic data was stored here (computer, hard drive, etc.) are part of Blomfield’s computer system: his historic electronic data is stored on them; and the broad definition of “computer system” in the act includes “stored data”.

Section 249 requires obtaining (or attempting to obtain) property, privilege, service, pecuniary advantage, benefit, or valuable consideration; or causing loss to any person. While it might again be argued that no “property” has been obtained – merely copies made – the wide definition of “property” in section 2 of the Crimes Act would appear to cover copies.

Accessing a computer system without authorisation by Mr Slater

Section 252 of the Crimes Act makes it an offence to intentionally directly or indirectly access a computer system knowing that there was no authorisation to do so or being reckless as to the same.

For the reasons above, there is a strong argument that Slater has directly or indirectly accessed Blomfield’s computer system. Unlike s249, with s252 dishonesty does not need to be proved. It just requires proof of intentional accessing and proof that the person knew they were not authorised to access the system (or were reckless). There appears to be no basis for Slater to argue that he was authorised to access the computer system where clearly no authorisation was given by Blomfield. At the very least that his actions were reckless.

Summing up.

The New Zealand Police have been asked to review the decision not to issue criminal proceedings in relation to the taking / copying and using of Blomfield’s personal and private data.

I personally think that what Mr Slater has done is unconscionable and the thought of an individual having access to every aspect of someone’s entire adult life is appalling. In this fast changing world the NZ Police – and the law itself – are understandably struggling with the complexity of the new electronic age.

The Slater v Blomfield battle continues but its progress to date indicates that – at the end of the day – some landmark decisions may be made on the complex nature of intangible property, of theft, of receiving, and of dishonest use of data obtained without its owner’s consent that will establish new rules of engagement in the era of digital media.

We can but hope. Because what Mr Slater has done here is morally, ethically and, I contend here, legally wrong.

Guy Fox

lprent: This post is subject continuing legal processes. So it will be fully moderated.

51 comments on “It’s not stolen – I just borrowed it without asking”

  1. RedLogix 1

    And the Prime Minister has “weekly chats” with this man.

    And is happily photographed with him.

    And our media glorify him.

    Sick.

    (I don’t give a rat’s patui about Slater – it’s that a large swath of our political and media establishment are protecting him because his toxic, malign bullying makes him a useful proxy.)

    • Colonial Viper 1.1

      The MSM sets the acceptable boundaries and slant on the entire political discourse for the country. Unless the Left is able to bypass the MSM and break out of the right leaning media strait jacket that it has been set up in, it will continue to struggle to present any real alternative vision for the future.

  2. Tracey 2

    kevin spacey could play key in a movie but who plays slater.

    thanks for this post, will be interesting to see how this unfolds.

    • felix 2.1

      Paul Giamatti or Luis Guzman.

      Either of them would have to put on a LOT of weight of course.

    • rhinocrates 2.2

      Terry Jones – have you seen Mr Creosote in Monty Python’s The Meaning of Life?

      (I don’t mean because he’s fat, but because of everything else – the greed, the offensiveness, the vomiting, the explosion.)

    • Sosoo 2.3

      Nah. You’d need CGI to replicate Cam.

  3. irascible 3

    And Judith Collins has to phone him to find out if it permissible for her to give an interview to The Herald about said Slater???
    One does have to question the judgement and ype of political bed fellows the National-Act govt keep company with.

  4. tricledrown 4

    If Camoron Slater is found guilty
    Of being in posession of stolen goods and accessing someones personal files it could mean Gaol for the twice convicted criminal.

  5. Barnsley Bill 5

    No mention or denial of the revelations published about Blomfields methods or activities arising from disclosure of the information. Why is that?

    • lprent 5.1

      Why is that?

      Assuming that they aren’t just arising from Cameron Slaters characteristic style of lying, bombastic over stretching of any facts, or simply because he is usually too stupid to understand what he is looking at (all are far more likely than him being accurate). Then it still doesn’t excuse the offenses of theft, receiving, and illegally accessing data.

      Do you have a point or is this you snorting on your keyboard again? You appear to be valiantly trying to excuse a simple theft for gain.

    • Judge Holden 5.2

      I bet a trawl through your private files would reveal some pretty juicy revelations about your past too eh, Barnsley? Would it be fair game if they were nicked and given to a psychopathic wanker do you think?

  6. tamati 6

    Warren Powell is a cunt. When I was an employee at a Hell Pizza franchise he used to send racist emails to the franchise owner complaining there weren’t enough white staff. (We had mostly Asian staff)

    Any staff member could see these emails as they were available on our front counter computer. I know that some of the employees were extremely upset when they read them.

    I wish I had forwarded the emails so I could have leaked them to the media.

  7. Barnsley Bill 7

    As you well know I have spent some time in close proximity to one of the protagonists in this case and it is my opinion based on observation as this has unfolded that the other protagonist is no saint. Not a fellow traveler of yours or any who write here.
    while I usually disagree vehemently with almost everything posted on this site I am not normally left confused as to why you would publish something in defense of somebody who would normally viewed as a class enemy by you and yours. And indeed would probably be your poster boy for all that is wrong with a free market, light handed regulation economy.

    • lprent 7.1

      …the other protagonist is no saint. Not a fellow traveler of yours or any who write here.

      So? Going back to my original question – how does this excuse Cameron indulging in criminal activities? Then trying to throw the mantle of being a “journalist” over it. Or for that matter trying to hide his crimes as a blogger?

      And indeed would probably be your poster boy for all that is wrong with a free market, light handed regulation economy.

      Again – what does that have to do with blubberboy indulging in criminal activities? I guess that you’re just too terrified of looking at the idea of a legally ordered society?

      In case you hadn’t noticed this site has always behind the rule of real law rather than the mythology of lynch law that you appear to profess. We write large posts or reprint them from other sites about the legal issues. In these digital days that includes the questions of digital property.

      That means amongst other things that even Cameron Slater should face up to the consequences of his criminal activities. Quite simply no-one is above the law.

      Now presumably if there was any actual criminal activity on Mr Blomfield’s part, then presumably complaints have been made to the police? If those weren’t correctly handled then let me know with documented details. I’d be particularly fascinated at the supporting documentation.

      • Ross 7.1.1

        He is a journalist. Not necessarily a good one but one nonetheless.

        • lprent 7.1.1.1

          Mickysavage tends to agree with you (especially about the “not … a good one”).

          I do not.

          Quite simply I think that he is trying to cover himself with the few protections granted to journalists without taking any of the responsibilities that are meant to prevent them from using that protection with a reckless disregard for others. In particular I find that his taking money from enemies to attack others is unconscionable.

          If that is the degenerate standard that journalism and journalists currently profess to, then I think that they need to have their protection on sources stripped out of the legal system.

          But it is a pretty simple choice for journalists to make.

          The reality is that if he and his “publisher” don’t act to the responsibilities of journalism then he is not one. I’d point out that on this site we don’t profess to be journalists (or actually want to be in most cases). But most of the time we do tend to act to similar levels of responsibility. It is simply good practice to do so if we want to survive over the longer term. That is why you also don’t find us in court on a regular basis defending our actions and getting convicted of being a sociopathic dickhead.

          • Ross 7.1.1.1.1

            I tend to agree. However, journalists are not necessarily always responsible and trustworthy. Slater doesn’t have a monopoly on bad journalism, though he’s arguably the worst offender.

            Steven Price, a media lawyer, seems to suggest that Slater is a journalist. Even if the Court rules that he can call himself a journalist, it may not be that helpful to his case.

            http://www.medialawjournal.co.nz/?p=622

          • Anne 7.1.1.1.2

            I think he is trying to cover himself with the few protections granted to journalists without taking any of the responsibilities that are meant to prevent them from using that protection with a reckless disregard for others. … I find that his taking money from enemies to attack others is unconscionable.

            Nothing new in that lprent.

            Back in the 1970s and 80s a woman infiltrated the Mt.Albert Labour Party and for up to 10 years she spied on numerous Labour activists and politicians. Helen Clark was one of them. She covered her ‘ass’ by getting herself Justice of the Peace status. I mean, who would think that such fine, upstanding members of the judicial system could be involved in unlawful behaviour.

            She was working undercover for the NZ Police. (your niece knows a bit about that sort of thing). She and her undercover mates (one in particular I know of who also infiltrated the Party) were responsible for all manner of dubious and, in some cases, very serious misconduct – conduct that would have seen them spend a bit of time in gaol had they been caught. But of course they were never caught…

            No surprises that John Key’s mentor, Muldoon was in office most of the time, and no surprises the same kind of thing is happening under John Key.

        • don 7.1.1.2

          A journalist does not take money to push certain points of view. Cameron does.

          http://www.thepaepae.com/as-playful-as-he-is-psychotic/26510/

          Listen to the audio. The video is no longer available. Cameron admits demanding money from PR companies to push their points of view. We’ve already had – um – media personalities say it is okay to push paid opinions because they are not journalist, but entertainers.

          Can’t have it both ways/

        • Don 7.1.1.3

          He’s not a journalist. Journalists do not demand money from PR companies to push certain points of view. Cameron does.

          http://www.thepaepae.com/as-playful-as-he-is-psychotic/26510/

          Listen to the audio – the video is no longer available. Cameron states he has demanded money to push opinions. He then tried to defend himself by claiming he didn’t actually get any. Maybe the IRD was interested?

          We’ve had Hoskings and others claim it was okay to take money from Sky City because they were not journalists – but entertainers.

          You can’t have it both ways.

          Odd, though. Hoskings takes money and entertainment from Sky City, and is back on TV1. Shane Taurima borrows a meeting room and is gone. If only he’d taken free hospitality and held his meetings at Sky City ….

    • Tracey 7.2

      My understanding is someone has posted a legal analysis of certain aspects of the crimes act and how this case might fit their criteria. I didn’t read into that any personal comment on the character f Mr Blomfield by the author.

      ” normally viewed as a class enemy by you and yours. And indeed would probably be your poster boy for all that is wrong with a free market, light handed regulation economy.”

      Perhaps because the legal parameters of this particular case extend beyond some ideological politic ax grinding and could impact on many more people and organisations than Mr Blomfield?

      Could you ever find yourself disagreeing with Slater or Farrar over anything at all?

  8. Matthew Blomfield 8

    “No mention or denial of the revelations published about Blomfields”

    The Ministry responded to an OIA request I made saying they spent 114k with Meredith Connell (Crown Lawyers). I was investigated by every government department sometime more than once as a result of Slater and his cohorts laying complaints. Those investigations are now complete. I have filed documents at Court showing that nobody will be taking any further action. What Slater said about me was made up and that is why I’m doing this, to prove that.

  9. Bazar 9

    Property provided to Slater copied was “stolen”:

    The law clearly defines theft according to the crimes act section 219 as taking control of.
    If you had an apple, and i took that apple from you. Thats theif because you no longer have the apple.

    In slaters case he made a copy. Thats not theif. The definition is quite clear on this point, as Blomfield still has his data.

    Property provided to Slater was unlawfully received:

    Same reasoning behind the law applies. The law is defined by the goods being transferred.
    The data wasn’t transferred, it was copied.
    Thus this section isn’t applicable either for the data.

    The obvious flaws:
    To work around this obvious requirements, you’ve substituted the data with the physical container the hard-drive.
    If you want to pursue Slater over the theft of a hard-drive, sure maybe this has grounds to proceed.
    Otherwise you’re trying to convict him of a crime that isn’t applicable.

    Stealing isn’t the same thing as copyright infringement. That should be painfully clear to anyone in the legal industry.

    Accessing computer system for dishonest purpose

    This might have some grounds, but without knowing how he came into possession of the data, i feel you have questionable grounds to proceed.
    Its also based on if slater acted on “dishonesty”, as otherwise the law doesn’t apply. And such an assumption is also questionable, as he may have felt he was entitled to the data.

    Being a media reporter, if he was given the data, its not unreasonable to expect there was no “dishonesty” on his part.

    But this is subjective, and i expect no lawyer would be certain on this without it going to court.
    But i’d say its in Slaters favour

    Accessing computer system without authorisation

    This is the only law that i feel has a reasonable chance of actually being unlawful. But again it depends in large on how slater came into possession of the hard-drive.

    • lprent 9.1

      In slaters case he made a copy. Thats not theif. The definition is quite clear on this point, as Blomfield still has his data.

      I think you mean theft. However your interpretation that taking a copy of data is not theft would come as a shock to many people who thought that they owned intellectual property. Specifically creators and publishers of books, music, video, blog posts, and even emails.

      I believe that Mr Blomfield doesn’t have his own data. I can’t recall any mention of the documents and disks being returned to him. This is part of the reason that the only parts of the discovery motion in the defamation that Slater was so desperate to fight were all to do with who supplied him access to them.

      Being a media reporter, if he was given the data, its not unreasonable to expect there was no “dishonesty” on his part.

      I think that I described my view of him being a journalist with qualified privilege under the evidence act (what you are groping for with your brand new definition of a “media reporter”) as something like “he isn’t a journalists arsehole”. That is because he appears to be incapable of carrying the responsibilities that come with that role.

      However under the 2003 changes to the Crimes Act (as the post points out) merely holding copies of that information without authority is both illegal and doesn’t appear to have any protection for journalists.

      I think your opinion about the law hasn’t caught up with the changes made to protect data.

      • Bazar 9.1.1

        “your interpretation that taking a copy of data is not theft would come as a shock to many people who thought that they owned intellectual property. Specifically creators and publishers of books, music, video, blog posts, and even emails.”

        You’re right, it probably would come as a shock.
        But the list of professions listed didn’t include lawyers because lawyers (should) understand the law.

        As i explained before, theft isn’t copyright, and lawyers should know so.
        Calling copyright infringement as theft shows you don’t understand the difference, which is night and day.

        Theft requires property to be lost or transferred from one party to another. That is basically the legal definition of theft.
        When someone makes a copy, the original party doesn’t lose anything. If nothing is lost, how can there be theft?

        We do have protections on what can be copied. We call that copy right, copyright, and its legal right granted to all authors of creative works.
        Copyright infringement is the violation of that right in an act or use of material you weren’t authorized to publish/copy.

        If you still can’t understand the difference, Google it.

        “I think that I described my view of him being a journalist [as he isn’t, so gets no such perks]”

        The only way he can be guilty of violating section 249 is if he acted BOTH dishonestly AND without claim of right.

        This is very subjective, and has very deep meanings that i’m not well versed enough to resolve. Let alone any precedents i’m unaware of.

        But i’ll put it this way, it worked for the vandals of the waihopai spy base. They thought they had claim of right, as they went on a rampage, and the courts agreed.

        And even if Slater is deemed not to have claim of right, we go back to “dishonesty”.
        Does his belief that hes sees himself a media reporter and its his duty mean he acted honestly?

        These are all questions i don’t have the answer to, and my opinion is that anyone who thinks they do and isn’t the presiding judge is probably full of themselves.

        “However under the 2003 changes to the Crimes Act (as the post points out) merely holding copies of that information without authority is both illegal and doesn’t appear to have any protection for journalists.”

        And if you read what i said, you’d see i said this was the only point that was likely to stick.

        “I think your opinion about the law hasn’t caught up with the changes made to protect data.”

        Coming from someone who doesn’t know the difference between theft and copyright infringement, that’s a bold statement to make.

        • lprent 9.1.1.1

          It is pretty clear especially when you read Hansard that the Crimes act was extended to cover digital property including the right to hold exclusive control over who could access it.

          The only reason I brought up copyright was because you clearly we’re raising it as a false path. However there are rights of township of intellectual property on physical property as well in the Crimes Act.

          “The only way he can be guilty of violating section 249 is if he acted BOTH dishonestly AND without claim of right”

          Reread the post carefully. Use the links. There is a reason that the author said that they thought Slater was chargeable under at least three of four sections of the crimes act.

    • spector 9.2

      The arguments to justify why Cameron isn’t a criminal seem to be the same ones Cameron is currently using to say Kim Dotcom is. Maybe John Key can explain the difference :)

    • Matthew Blomfield 9.3

      Some points to note:

      (1) The original hard drive was given to the SFO.
      (2) Slater posted on his facebook that he was at the SFO on or about the time they got it.
      (3) I described the hard drive to the Police as a Western Digital with fading on one side as I had it sitting next to a window.
      (4) I then obtained a court order for its return directly to a data lab.
      (5) The drive was as described to the police.

      It is very easy to make some assumptions and decide that Slater had the original however, I will not be doing that until I have evidence as to that fact. The Police have the means to check these facts.

      Above also applies to the physical files.

      Lastly what Iprent said re changes to the Crimes Act

      Another point of note is that I obtained a hard drive which contained copies of some of my files and on it was video’s of Warren Powell and his kid dated after my last contact with him and before the stories ran on Whaleoil.

    • tamati 9.4

      I doubt that Slater could be done for copyright infringement. Copyright is protect artistic works and emails certainly aren’t artistic.

      • lprent 9.4.1

        Copyright is protect artistic works and emails certainly aren’t artistic.

        Incorrect. Copyright with some variations for particular media automatically covers every written and most other media work from schoolkids essays to blogs except where the copyright is waived in some way. E-mails are also covered.

        • tamati 9.4.1.1

          If that’s true, could Don Brash sue Nicky Hager for copyright infringement?

          • lprent 9.4.1.1.1

            You’ll note that this post doesn’t mention copyright at all?

            There are various rules under copyright about how much you may quote or play from someone elses work (commonly known as “fair use”) with attribution. For instance this is what allows us to quote sections of material published in newspapers.

            I know that Nicky Hager is pretty careful about what he publishes to make sure that it conforms to the legal position.

            I haven’t looked, but I’d also bet that there are public interest provisions as well.

            Don Brash could have (and did) lay a complaint with the police. The problem with emails is that there is at least one recipient and frequently many. My understanding of it is that those recipients have been effectively been given rights to that emails content as well by the sender unless it is explicitly removed by legal waffle in the email (and even that is somewhat legally dubious as there is no agreement by the recipient).

            As I understand it, the actual source of the emails where the emails were taken and/or given from was never tied down. So there was no valid complainant. One or more of the valid recipients may have given emails to Nicky Hager and they’d have had a legal right to do so. Which incidentally is what I believe Nicky Hager claims.

            That uncertainty about source doesn’t apply in Mr Blomfield’s case as it is clear and admitted by Mr Slater that the material he worked off comes from a copies of material that Mr Blomfield had not given authority to access or copy. It means at the very least at some point that a simple theft of property happened under the 2003 amendments to the Crimes Act.

            Mr Slater is at least guilty of receiving stolen goods and probably quite a lot more – as the post says.

      • Tracey 9.4.2

        Wrong. copyright applies to anything created, not creative.

    • Tracey 9.5

      “Same reasoning behind the law applies. The law is defined by the goods being transferred.
      The data wasn’t transferred, it was copied.
      Thus this section isn’t applicable either for the data.”

      Could you provide your case law in support of this proposition?

  10. marty 10

    I for one am uncomfortable with The Standard being used as a vehicle to litigate a case that’s in the courts.Complainants don’t go to blogs to have their court case discussed while they are still trying to get the case processed through legal means.

    No matter how much you may dislike Slater personally, it does this blog no credit by trying to influence the courts.

    Everything is stated as fact, whereas none of us have any basis for knowing what is true and what isn’t. Worse, there is no process for having an error, lie or lie by omission corrected.

    I love coming here, but I really hope this is the last time you let this happen. I like to think we’re better than that piece of shit over at the Whale boil.

    This stinks :(

    • lprent 10.1

      Complainants don’t go to blogs to have their court case discussed while they are still trying to get the case processed through legal means.

      …by trying to influence the courts.

      From a blog? You do have a low opinion of high court judges which is where the civil defamation case is currently on appeal.

      However if you have a closer look at this post than the very brief glance you gave it, you’ll find that this was all about a criminal case that the author felt should have been pursued by the police. It is a civil case between Slater and Blomfield. So are you saying that the performance of the police shouldn’t scrutinised because of a civil case?

      After all the civil case isn’t likely to be over for several years. If I understand your odd position, you’re saying that the police position on a complaint should not scrutinized until then? Seems foolish to me. Not to mention that if they don’t take action on this then it is pretty clear that what the MPs intended back in 2003 (read the Hansard record) is not how the police are interpreting it (except of course when John Key is accidentally taped).

      Everything is stated as fact, whereas none of us have any basis for knowing what is true and what isn’t. Worse, there is no process for having an error, lie or lie by omission corrected.

      Read the links (took me a while to add them to the submitted unlinked post). All of the material in this post is in the links to the submitted public court documents except for the information about the police response to the complaint against Cameron Slater.

      The reason that this is being raised here is because it concerns bloggers, electronic data, police, and the legal position of them all. Are you saying that because this civil case involves all of them that we can’t comment on any of them?

      It seems to me that these are exactly the types of issues that should be discussed on a political blog. They all cut to the legal heart of the medium we’re working on. It is a hell of a lot easier to discuss them on a real case rather than a hypothetical. Which is of course why law schools discuss both real cases and current cases. For that matter why politicians do as well. They (like us) are just cautious on what gets discussed.

    • Tracey 10.2

      Unlike our PM I would be surprised to learn that our judges read political online blogs such as WO, TS or kiwiblog.

      To my knowledge no one has been prevented from posting the legal argument opposing that proffered in the Opening post? Bazar tried to masquerade as a legal opinion but fell short in a number of quarters BUT was nonetheless a useful piece for discussion of different aspects of copyright and IP.

      John Banks’ case has also been widely scrutinised on here, as has the DotCom stuff, do you find those posts offensive too?

  11. nadis 11

    I think it’s OK to discuss the case here on the grounds lprent points out, but not sure it’s wise for involved parties to air opinions and views. Every time I have been involved in litigation (as a witness or expert witness) I’ve been under strict instructions to stfu. No good can from it. No chance of managing a judges opinion, no possible upside, but you can certainly piss them off.

    • lprent 11.1

      No chance of managing a judges opinion, no possible upside, but you can certainly piss them off.

      That is indeed the downside. You’ll notice that Mr Blomfield has only offered clarifications to queries or what can readily be perceived as queries. Most of this is material that has been offered up in court in public view of the media. For instance as in this article in the mornings herald on sunday – http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=11208097

      It is also why I’ve never met or talked to Mr Blomfield or Mr Slater about this case. I’m not that interested in spending time in court testifying.

      Everything with Mr Blomfield has been over email and generally sticks to the topic of making the posts readable or clarifying some points.

      I have offered my personal opinions on Cameron Slater and his work as a blogger. However that is hardly public news – you only have to read my posts and comments on him to find that out. Anyone who wants to put that into evidence is welcome to do so.

    • Tracey 11.2

      Ah the stfu approach to getting to the truth of the matter.

      Mr Blomfield is a big boy, I am sure he has weighed up the pros and cons of posting anything. If he hasn’t then he will suffer the consequences, no one else.

      • Matthew Blomfield 11.2.1

        If the Police decided to charge Slater it would be their Court case not mine. I have limited my disclosure of details relating to the defamation case and will continue to do so. This is a opinion that was given to me from an individual who was surprised that the Police never charged Slater. I myself am pretty light when it comes to criminal law.

  12. tricledrown 4
    23 February 2014 at 5:54 pm

    If Camoron Slater is found guilty
    Of being in posession of stolen goods and accessing someones personal files it could mean Gaol for the twice convicted criminal.

    So… that’ll mean Three Strikes?

    Hmmmm…

    Not quite what the Right had in mind when they passed that piece of legislation, I’m sure.

  13. One Anonymous Bloke 13

    The trend in recent times when personal information was accidentally disclosed had been for people to “get on to their newspaper”, he said. “I’d like people to be thinking about data they come across accidentally in the same way they might treat a wallet they find in the street. You . . . take steps to ensure it gets back to the rightful owner.”

    DomPost quoting John Edwards.

    John Key’s mate isn’t a journalist. He has this material illegally. I can’t see any benign reason for him to make a copy. In fact he freely admits his malice.

    I think John Key should phone him up and get him to do the right thing.

  14. captain hook 14

    Hybris is wating for slater and I reckon it cant be that far away.
    he plays fast and loose with all the laws of this country and soon enough he will trip up.
    although its hard to trip up a slug being as they are so low to the ground.
    maybe just a good spray of raid.

  15. SHG (not Colonial Viper) 15

    The author of this post is giving legal advice. What are his qualifications for doing so?

    [lprent: I can see where you’re heading.

    It is someone that knows how to read legislation. That could be anyone from a law student to me to a QC. It is completely irrelevant because there is no client relationship between the readers of this site and whoever it is. Basically you’re as usual simply full of stupid unthinking and pig-ignorant insinuation without bothering to explicitly describe what you are trying to say. It irritates me.

    Furthermore Mr Blomfield has no-one acting for him as legal representation. He is representing himself. You could have just read the post.

    I am a supporter of Mr Blomfield’s. I have assisted him with his case and the issues relating to Mr Slater. But this is my opinion of the law as I see it, backed up by some very intensive research.

    and

    I personally think that what Mr Slater has done is unconscionable and the thought of an individual having access to every aspect of someone’s entire adult life is appalling.

    Which is approximately the reason I’ve been assisting by bringing the questions incurred by Mr Slater’s arsehole behaviour as a blogger to more public attention.

    There are different rules when I’m moderating and forced to answer questions directed into the ether and therefore aimed at the site and myself. Banned for 4 weeks for being too coy to say directly what you mean, 4 weeks for asking a question that was clearly in the post, and 4 weeks for wasting my time answering your silly question. Lets call it the 19th of May ]

  16. Tracey 16

    who is he giving advice to?

    reads like an analysis to me.

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  • An astounding disregard for Māori Affairs
    I have sat on the Māori Affairs Select Committee for most of the last 12 years. I love the committee, its work, its constituency and I especially love how it works differently than other committees, with a strong commitment to...
    Greens
  • Plunging dairy payout will hit regions hard
    The plunging dairy payout will hit New Zealand’s provincial towns and farm service industries hard, Labour’s Primary Industries spokesperson Damien O’Connor says. “Farmers have been bracing themselves for this expected announcement but it will be small towns and those who...
    Labour
  • Reducing inequality creates a stronger economy
    An OECD report finding New Zealand has one of the fast growing rates of income inequality shows “trickle down” economics has failed and that everyone is better off under a stronger economy, Labour Leader Andrew Little says. “The Government should...
    Labour
  • Government surplus target turning sour
    The Government’s golden surplus target is under threat with today’s Crown accounts showing the deficit is $260 million worse than expected, says Labour’s Finance spokesperson Grant Robertson. “It is two blows in one morning for the Government’s economic credibility after...
    Labour
  • Greens call for end to cruelty of factory farming
    The Government must end the legalised cruelty of factory farming, the Green Party said today.Footage shown on Campbell Live this week revealed yet again the appalling, but legal, conditions pigs are routinely kept in on factory farms. The conditions the...
    Greens
  • Milk price plunge creates $6b economic black hole
    The plunge in Fonterra’s forecast dairy payout to a seven-year low for farmers will create a $6 billion economic black hole, showing yet again that National’s failure to diversify is hurting the economy, Labour’s Finance spokesperson Grant Robertson says. “The...
    Labour
  • Gender Pay Gap: It’s a Matter of Leadership
    The State Services Commission’s annual Human Resource Capability report for the public sector shows the gender pay gap has not decreased since at least 2010. The gap is 14% across all management roles – a slightly bigger gap than for...
    Greens
  • Pardon me Minister, but the cracks are showing
    Cracks are appearing in Cabinet ranks with the Minister of Pacific Peoples, Peseta Sam Lotu-Iiga, throwing his predecessor under the bus over a huge spike in spending by advisers, Labour's State Services spokesman Kris Faafoi says. "Spending to 'staff the...
    Labour
  • Confirmation of no confidence in schools plan
    That just 90 of the country’s 2500 schools have signed up to the Government's one-size-fits all performance pay scheme confirms a wide-spread lack of confidence in it, Labour’s Education spokesperson Chris Hipkins says. “The scheme, which creates ‘executive’ and ‘lead...
    Labour
  • John Key’s secret foreign buyers register
    John Key has been secretly planning a register for foreign buyers without telling New Zealanders, says Labour’s Housing spokesperson Phil Twyford. “Last week Andrew Little called on John Key to adopt the Australian policy on foreign buyers....
    Labour
  • Another kick in the guts for Christchurch
    The government has walked away from the people of Christchurch with Cabinet’s decision today to cut funding available through local Members of Parliament offices to assist people with their earthquake related issues, says Labour’s Earthquake Recovery Spokesperson, Ruth Dyson.  “Over the...
    Labour
  • State house sell off will make transience worse
    The National Government’s plans to sell off state housing will increase the rate of transience among the poorest families, says Labour’s housing spokesperson Phil Twyford. The Growing Up in New Zealand study released today reveals families with children under two...
    Labour
  • Report shows need for independent food safety agency
    The inquiry into the botulism botch-up shows the decision to merge the food safety authority into the Ministry of Primary Industries was a failure, Labour’s Primary Industries spokesperson Damien O’Connor says. “MPI has been severely criticised in this report for...
    Labour
  • National needs to pull their head out of the sand on climate change
    Green MPs were out across the country attending Heads in the Sand events this weekend. I spoke at the Christchurch event where a couple of hundred people mimicked the Government’s climate policy by burying their heads in the sand. It...
    Greens
  • Claims of pumping up the volume all noise
    New manufacturing figures from Statistics NZ reveal a further decline in New Zealand's export performance, highlighting the Government's ongoing failure to rebalance the economy, Labour's Economic Development spokesperson David Clark says."The National Government has adopted a volume-based approach in an...
    Labour
  • Treasury says failure to cut emissions could cost $34,000 per household
    Treasury figures, released by the Sustainability Council today, show failing to take action to cut greenhouse gas emissions will cost between $2,000 and $34,000 per household, the Green Party said. The Sustainability Council has obtained figures previously redacted from a...
    Greens
  • Greens call on the Auditor General to investigate serious conflict of inter...
    The Green Party has asked the Auditor General to investigate serious conflicts of interest over Food and Grocery Chief Katherine Rich's membership on the board of the Health Promotion Agency (the Agency)."I've asked the Auditor General to investigate because the...
    Greens
  • Central Govt to blame for Auckland rail delay
    The National Government is delaying Auckland's rail development, while pushing ahead with the expensive Puhoi to Wellsford motorway, a motorway with declining traffic volumes, benefiting fewer people and business, said the Green Party today.Yesterday, Mayor Len Brown proposed to push...
    Greens
  • Govt grants mining licence in marine protected area
    The Government is making a mockery of our marine protections by granting a mining licence for Chatham Rise Phosphate to mine for phosphate in a marine protected area, the Green Party said.Chatham Rock Phosphate was granted a mining permit today,...
    Greens
  • Letter from Pakistan
    I was in Peshawar last week. It is a vibrant city with a real energy to it. It is my favourite place to be in Pakistan. You feel the energy as you drive around the city. I am in an...
    The Daily Blog
  • Lyttelton Port workers begin overtime ban
    Media Release: Rail & Maritime Transport Union Lyttelton Port workers begin overtime ban Workers of Christchurch Rail and Lyttelton Port have begun an indefinite ban on overtime, according to the Rail and Maritime Transport Union. The ban was announced at...
    The Daily Blog
  • So the United States of Torture is the ally we are supporting to re-invade ...
    How easy is it to con the sleepy hobbits of muddle Nu Zilind? Very. The despicable means by which this corrupt dirty politics Government have gone about trying to use the fear and anger caused by the Sydney hostage situation...
    The Daily Blog
  • A tale of two gunmen – how the media spins
    A tale of two gunmen – how the media spins...
    The Daily Blog
  • GUEST BLOG: Jill Ovens – Auckland Hospital worker cuts – Democracy the ...
    Auckland Hospital kitchen workers tell CEO Ailsa Claire (far right) a week ago that they did not want to be contracted out. Such was the arrogance that no contingency plans were made in the event that these workers would be...
    The Daily Blog
  • Political opportunists out in force over Sydney hostage crisis
    It hasn’t taken long for supporters of New Zealand’s so-called “anti-terror” legislation passed last week through parliament to try and justify it in the wake of the Sydney hostage crisis. Before we even knew much about the gunman or hostage...
    The Daily Blog
  • NZs new hobby – hating the poor
    Last week people queued at the doors of the Auckland City Mission. They are people that are living without enough income to afford the basics let alone the extras we as a society have come to expect at Christmas. Extras...
    The Daily Blog
  • The only people who believed National’s surplus illusion were voters
    Sigh – the sleepy hobbits of muddle Nu Zilind are pretty easy to con aren’t they? National’s surplus was always a joke that would never happen, but in every single focus group, voters believed by overwhelming numbers that National were...
    The Daily Blog
  • Key’s crocodile tears over dirty politics
    John Key: Bloggers ‘not big part of my day’ Prime Minister John Key says bloggers are not a “big part of his day” but he lives in a world where he can’t ignore them. Speaking on TVNZ’s Breakfast programme today,...
    The Daily Blog
  • Why we are in inequality denial and climate change denial
        We are a country in denial over our inequality and climate change. Both issues have the same thread that runs through them. 30 years of neoliberalism has generated its own cultural narratives and myths. We have been taught that...
    The Daily Blog
  • This weeks Waatea news column – Why proclaiming Key as the Politician of ...
      This weeks Waatea news column – Why proclaiming Key as the Politician of the Year is ethically bankrupt...
    The Daily Blog
  • Britomart violence raises questions over rail staff safety
    Media Release: Rail and Maritime Transport Union   Britomart violence raises questions over rail staff safety   The Rail and Maritime Transport Union is raising serious questions over the safety of the staff on Auckland’s train network after violent incidents on...
    The Daily Blog
  • Australia stares down Siege – National Party politicise tragedy
    The Sydney siege has finished, from the reports that are breaking the gunman, Man Haron Monis is dead and one of the hostages has also been killed. The Australian Police seem to have acted incredibly professionally and the real Australian...
    The Daily Blog
  • The termination of the Internet Mana alliance
    Last week the Mana Movement and Internet Party wrote to the Electoral Commission to cancel the registration of the Internet-Mana political party. It was a decision which brought the arrangement between the parties to a natural end after failing to...
    The Daily Blog
  • Peace breaks out between Greens and Labour
    Finally some good news for the Left. Peace has broken out between the Greens and Labour. One of the greatest barriers to a real relationship between the Greens and Labour has been the uncompromising arrogance of the Labour Party Caucus...
    The Daily Blog
  • Little keeps it stupid, simple
    Labour MP drops euthanasia billA bill which would legalise voluntary euthanasia has been dropped by Labour MP Iain Lees-Galloway at the request of his leader Andrew Little. Mr Lees-Galloway had been canvassing support for his End of Life Choice Bill...
    The Daily Blog
  • Dear Ministry for Social Development,
    Dear Ministry for Social Development, I realise you probably already know this, but just a wee reminder of REALITY. You know – the reality of the vast majority of us who aren’t making ends meet and are struggling to live...
    The Daily Blog
  • Social Policy still in the dark ages when it comes to relationships
    Two years ago I became aware of the work of two very able barristers who defend low income women accused of relationship fraud. CPAG then began collecting cases and stories of horrendous misery and victimisation. Then penny was slow to...
    The Daily Blog
  • The truth about inequality
      The truth about inequality...
    The Daily Blog
  • Rather Than Sending Troops To Iraq … Brownlee May Wish To Consider Better...
    There’s something a little unsettling going on at the moment. Ok, many somethings. Of particular concern is the fact that right now, New Zealand troops are training at Waiouru for deployment to Iraq – and, assumedly, the ongoing war against ISIS. Brownlee,...
    The Daily Blog
  • West Papua’s Saralana Declaration most vital unity development for 52 yea...
    Newly elected spokesman for the unified West Papuan movement Benny Wenda is treated to a chiefly welcome at the opening ceremony of the “unity” meeting in Port Vila. Photo: © Ben Bohane/wakaphotos.com David Robie also blogs at Café Pacific. A...
    The Daily Blog
  • Helen says it all
    Helen says it all...
    The Daily Blog
  • When Fran O’Sullivan, John Armstrong and Cameron Slater are singing Andre...
    The mainstream media of NZ will never allow a Labour leader who threatens the bastions of neoliberalism from ever taking power. David Cunliffe found that out. So when the mainstream media establishment from Fran O’Sullivan to John Armstrong to even...
    The Daily Blog
  • Wisdom’s Mirror: Can Grant Robertson Slay the Neoliberal Gorgon?
    HOW TO ELIMINATE one’s rival without getting one’s hands dirty? It’s a problem with a prodigious political pedigree. King David’s lust for Bathsheba drove him to order Uriah, her unfortunate husband, placed in the front line of battle – where...
    The Daily Blog
  • GUEST BLOG: Miriam Pierard – Sweet Sixteen and able to vote?
    The level of voter participation in elections is an indication of the health of a democracy. Declining turnout across the democratic world, particularly among young people, has led to questions about the legitimacy of our governing institutions. It is time...
    The Daily Blog
  • Public Equity and Progressive Politics
    We heard from the OECD on Wednesday morning (10 Dec) [Focus on Inequality and Growth] that inequality suppresses economic growth. (Here are Radio New Zealand’s morning reports on this.) This is hardly a surprise to many economists and non-economists alike. The key point in...
    The Daily Blog
  • Analysis: Final Across The Ditch Bulletin for 2014 – Lorde Help Us!
    Analysis (Text & Audio): Across The Ditch – Selwyn Manning & Peter Godfrey Headline: Final Across The Ditch Bulletin for 2014 – Lorde Help Us! 5AA’s Peter Godfrey and Selwyn Manning.FiveAA’s Peter Godfrey and MIL’s Selwyn Manning present their last...
    The Daily Blog
  • Sharing intelligence with CIA torturers
    New Zealand’s spy agencies have long presented intelligence sharing with their US counterparts as mutually beneficial and benign. That stance has always lacked credibility and is now its impossible to justify. The just-released US Senate Intelligence Committee report shows that...
    The Daily Blog
  • Labour votes for Surveillance State. NZ First Opposes!
    A few weeks before the election, the New Zealand Labour Party decided to cash in on simmering popular discontent with the state of the surveillance state that National’s set up. Never mind their own previous and well-publicized brushes with egregious state-surveillance … they wanted people to know that...
    The Daily Blog
  • Economic ideology destroys us all
    The OECD’s latest report says “The biggest factor for the impact of inequality on growth is the gap between lower income households and the rest of the population. The negative effect is not just for the poorest income decile but...
    The Daily Blog
  • 3 simple words for the Labour Party
    I have 3 very simple words for all those Labour Party apologists who are trying to rinse Labour clean here. Get. A. Warrant. You can all try and spin this any way you want, but Labour voted for 24 hour...
    The Daily Blog
  • 2014 – Year of the angry white knuckle
    I knew Internet/MANA would have to fight National, ACT, Conservative Party, United Future, Maori Party and the mainstream media. I didn’t think they would also have to fight Labour, the Greens and NZ First as well. Apparently feeding hungry kids in...
    The Daily Blog
  • Chris Rock on cop shootings
    Chris Rock on cop shootings...
    The Daily Blog
  • Bank Lending: Restrictions and Favourites
    An important story in 2014 has been the Reserve Bank’s ‘loan-to-value ratio’ restrictions, which have made it extremely hard for first-time house buyers to get sufficient finance to buy a house. Corran Dann in TVNZ’s  Q+A (7 Dec) suggested that...
    The Daily Blog
  • This weeks Waatea news column – How should Waitangi Tribunal ruling on S...
      This weeks Waatea news column - How should  Waitangi Tribunal ruling on Sovereignty be implemented?...
    The Daily Blog
  • Labour sell us out on warrantless surveillance
    Isn’t it depressing that Labour are selling us out by voting for warrantless spying by an agency caught out smearing them? Last night Labour do what they always do, over compensate on Security issues. So terrified are Labour at being...
    The Daily Blog
  • This Is The Headline For Test Post
    This Is The Headline For Test Post Lorem ipsum dolor sit amet, consectetur adipiscing elit. Ut eget neque facilisis sapien laoreet volutpat. Nulla vel nisl nec purus interdum tincidunt. Phasellus orci sapien, vestibulum et pulvinar non, pellentesque eget leo. Sed...
    The Daily Blog
  • Question Time in Parliament Today – National Party MPs cheer graph that s...
    This is the graph the National Party were shown by Russel Norman in Parliament today and they all cheered…     …they cheered?!?!?!? That’s beyond denial, that’s just gleefully suicidal....
    The Daily Blog
  • NZ Pastor Prays For Homosexual Author To Kill Himself
    By Jayden Jameson and Jessie Hume If we ever needed a reminder that homophobia is alive and kicking in New Zealand we have Pastor Logan Robertson from the Westcity Baptist Church. The Westcity Baptist ministry could apparently be described as New...
    The Daily Blog
  • Political Journalism in the South-Pacific – a new direction for NZ influe...
    Last week, the incredible Pacific Journalism Review celebrated 20 years of promoting and supporting and standing up for Journalism in the South-Pacific. The conference at AUT featured journalists from around the pacific who have battled and fought and been punished...
    The Daily Blog
  • Antarctica minus the ice – welcome to your future
    Antarctica minus the ice – welcome to your future...
    The Daily Blog
  • REAL LIFE GUEST BLOG: Lou – 15 shifts in 12 months……permanently homel...
    This is Key’s real life – other NZers aren’t so privileged    15 shifts in 12 months……permanently homeless since May. I went to the Salvation Army yesterday on advice for emergency housing as my temporary accomodation had turned volatile. Just...
    The Daily Blog
  • Labour Party Members should be furious at reviews findings
    Let’s see The Standard use this image Well, well, well… Labour’s election review: What went wrongLabour’s review panel has reported its findings back about the party’s election campaign and the reasons for the low 25 per cent result, identifying problems...
    The Daily Blog
  • Judith Collins joins the Sunday Star Times and cements the Rights dominance...
    “I am not a Monster”, hissed Judith Collins   I don’t read the Sunday Star Times, so had no idea that they had just decided to make Judith Collins of all people a new columnist. Her appointment cements into place...
    The Daily Blog
  • Grey Lynn Festival – very Grey – Art in the Dark – very Dark
    The battle of Helm’s Deep from the Two Towers would have had better OSH conditions than Art in the Dark   Grey Lynn Festival – 2 stars So the Grey Lynn Festival happened last weekend. It’s a day where the good liberal...
    The Daily Blog
  • ‘Stalking’ Ede
      Tau Henare accuses TV3 of stalkingA former National MP has accused TV3 of stalking after one of its journalists attempted to question a former Beehive spin doctor. Today’s episode of The Nation featured an unsuccessful attempt to question former...
    The Daily Blog
  • Taxpayer Union, the NZ Herald and Len Brown’s secret hidden love den
    I love the way the NZ Herald introduced the discredited Taxpayer Union in their bullshit story about Len Brown’s secret hidden love den… ‘Secret room’ spending shows need for recall electionsA lobby group says revelations Auckland Council spent $30,000 on...
    The Daily Blog
  • Eric Garner killed by NYPD original footage
    The horror of a ultra militarised and racist American Police Force who can kill with impunity. Obama claims cameras on every office would stop this type of brutality, these cops knew they were being filmed and killed him anyway. In...
    The Daily Blog
  • Unjust to imprison us for crimes we haven’t yet committed
    Once again National and Labour have succumbed to the “law and order” brigade enabling the passage of a Bill imprisoning people for crimes they might commit in the future. The Public Safety (Public Protection Orders) Bill allows the Court to...
    The Daily Blog
  • Disabled parking spaces are for the disabled
    Many districts across the country have been changing the mobility parking spots to the vivid blue colour scheme as opposed to the simple yellow sign. This has been done as an attempt to make the designated spots more visible to...
    The Daily Blog
  • Court Judgment: Nicky Hager v Police on Dirty Politics Raids
    Mr Hager alleges that steps taken by the second respondent (the Police): first, in deciding to apply for a search warrant in respect of Mr Hager’s premises; secondly, in applying for the warrant; and thirdly, executing the warrant at his...
    Scoop politics
  • Holiday home hazards revealed
    Common sense ways to look after your property this summer Auckland, 18 December 2014 – Burglars aren’t the only threat to your home during the holiday season, says AA Insurance. It’s more likely to be broken water pipes, burst hot...
    Scoop politics
  • Grieving families should be able to scatter ashes in peace
    Grieving families should be able to scatter ashes in peace 18 December 2014 Funeral directors are relieved that Wellington City Council has finally dropped plans to charge families for permits to scatter ashes in public places. Funeral Directors...
    Scoop politics
  • RSA Offers Condolences To Victims Of Sydney Siege
    As an organisation representing over 100,000 New Zealanders, the RSA has today condemned the actions taken by Man Haron Monis during his siege in a Sydney café, and offered their deepest sympathies to the friends and family of Tori Johnson...
    Scoop politics
  • Kiwi activists crowdfund billboard for Simon Bridges
    Almost seven thousand New Zealanders have taken part in a crowdfunding campaign, and have raised enough money to put a billboard up in Tauranga that is directed at Simon Bridges, the Minister of Energy and Resources....
    Scoop politics
  • Leaked TISA text exposes US threat to privacy, data security
    ‘The US is demanding that New Zealand and other countries accept sweeping rules that would override privacy protections for digitised personal and other data’, according to Professor Jane Kelsey from the University of Auckland....
    Scoop politics
  • Lyttelton Port workers begin overtime ban
    Workers of Christchurch Rail and Lyttelton Port have begun an indefinite ban on overtime, according to the Rail and Maritime Transport Union. The ban was announced at a mass meeting at the Port after negotiations between Lyttelton Port of Christchurch...
    Scoop politics
  • Ban on Alcohol Advertising Could Cost Taxpayer
    Responding to yesterday's release of the report of the Ministerial Forum on Alcohol Advertising and Sponsorship, Jordan Williams, the Executive Director of the Taxpayers’ Union says:...
    Scoop politics
  • Farm safety isn’t helped by punitive fines
    Federated Farmers Health and Safety spokesperson, Katie Milne says she is concerned about the impact of the $40,000 fine for a Marlborough farm couple, who weren’t wearing helmets and carrying children as passengers. The Court case, and subsequent...
    Scoop politics
  • New online guide to NZ’s environment goes live
    The Environment Foundation* has launched a new web-based guide to the management of New Zealand’s natural environment....
    Scoop politics
  • Ban On Alcohol Advertising Just One Step
    Family First NZ says that a proposed ban on alcohol advertising at sports events as recommended by a ministerial forum is an important move, but will not solve the binge drinking and alcohol abuse issue on its own....
    Scoop politics
  • CLANZ scholarship winner to examine legal services to Crown
    Wellington in-house lawyer Tania Warburton is the inaugural winner of the research scholarship established by the Corporate Lawyers Association of New Zealand (CLANZ)....
    Scoop politics
  • Joint Australasian operation dismantles drug syndicate
    The Joint Organised Crime Task Force (JOCTF), leading a multi-agency team, has smashed a multi-million dollar international organised crime network following raids across Melbourne this morning....
    Scoop politics
  • Video: Meet Mark Gilbert, U.S. Ambassador-Designate to NZ
    Join us in welcoming Ambassador-Designate Mark Gilbert and his wife Nancy. They are arriving in New Zealand shortly and wanted to introduce themselves. Watch this video to learn about his connections with Aotearoa, and why he thinks the partnership between...
    Scoop politics
  • MIA Welcomes Review Findings
    The MIA welcomes the findings of the Health Quality & Safety Commission into child and youth mortality arising from the use of motorcycles, quads and other agricultural vehicles....
    Scoop politics
  • Quads Bikes Not for Under 16s
    Safekids Aotearoa strongly supports recommendations made in a report released today highlighting the dangers posed by quad bikes when ridden or controlled by children who are under 16 years of age....
    Scoop politics
  • Inquiry on Parliament’s legislative response to emergencies
    Public submissions are being invited on Regulations Review Committee’s Inquiry into Parliament’s legislative response to future national emergencies. The closing date for submissions is Sunday, 1 March 2015....
    Scoop politics
  • Switch off on the beach NOT at level crossings
    KiwiRail and TrackSAFE NZ have launched a new summer rail safety campaign with a message to motorists to stay focused and always look for trains at level crossings over the holidays. December is known as the month for family, festivity...
    Scoop politics
  • Report on child and youth deaths from vehicle use
    Quad bike and other off-road vehicle accidents second largest cause of child recreational deaths...
    Scoop politics
  • Inspector-General accepts apology for leak of report
    The Inspector-General of Intelligence and Security, Cheryl Gwyn, has accepted an unreserved apology from Hon Phil Goff MP for disclosing some of the contents of her recent Report into the Release of Information by the NZSIS in July and August...
    Scoop politics
  • Santa’s naughty list shows NZPork in trouble
    Santa has provided animal advocacy organisation SAFE with an early copy of this year’s naughty list , as it prominently features many animal-abusing industries and businesses, with NZPork topping the list....
    Scoop politics
  • WWI veterans had persisting higher risk of early death
    New research on the impact of the First World War on participating New Zealand soldiers shows they typically lost around eight years of life and had an increased risk of early death in the post-war period....
    Scoop politics
  • Rainbow Wellington urges further change from Blood Service
    This week the New Zealand Blood Service (NZBS) announced the implementation of the agreed changes to blood donor deferral. For men who have sex with men (MSM) this primarily involves a reduction of the deferral period from five years to...
    Scoop politics
  • New Zealand Government signals reversal of fortune
    The Government’s robust $372 million forecast surplus from Budget 2014 will turn into a $572 million deficit, according to the 2015 Half-Yearly Economic and Fiscal Update and the Budget Policy Statement. Imports are cheaper and good export prices...
    Scoop politics
  • Time for Jobs that Count in the Meat Industry
    The NZ Meat Workers Union will launch a new national campaign to highlight job insecurity in the Meat Industry this afternoon in Palmerston North....
    Scoop politics
  • Protest at killing of schoolboys – Vigil 17/12/14
    A peaceful vigil will be held in Downtown Square opposite Britomart station – cnr of Queen and Customs St from 11-45 am: Wednesday 17 December 2014....
    Scoop politics
  • Social housing provider opens development in Johnsonvillle
    Social housing provider, Accessible Properties, will be opening eight new social housing units in a new housing development in Johnsonville tomorrow....
    Scoop politics
  • NCWNZ Wins Court Case
    ComVoices welcomes and celebrates the news that the National Council of Women of New Zealand (NCWNZ) has won its High Court case against Inland Revenue and the Charities Registration Board....
    Scoop politics
  • Cut Taxes + Cut Waste = Surplus
    Responding to the Treasury's Half Year Fiscal and Economic Update, Taxpayers’ Union Executive Director, Jordan Williams, says:...
    Scoop politics
  • Cuts in public services likely fromBudget Policy Statement
    The horizon for workers looks gloomy with the release today of the Budget Policy statement. “Continuing real cuts in Government funding of public services are inevitable as a result of today’s Budget Policy Statement. The policy ignores the social,...
    Scoop politics
  • Half Year Economic and Fiscal Update 2014
    The Half Year Economic and Fiscal Update (HYEFU) 2014 provides the Treasury's latest economic forecasts and the forecast financial statements of the Government, including the implications of Government financial decisions....
    Scoop politics
  • Half Year Economic and Fiscal Update 2014
    The Half Year Economic and Fiscal Update (HYEFU) 2014 provides the Treasury's latest economic forecasts and the forecast financial statements of the Government, including the implications of Government financial decisions....
    Scoop politics
  • Chief Ombudsman launches major review of OIA practices
    The Chief Ombudsman, Dame Beverley Wakem, has today begun a wide ranging review of Official Information Act (OIA) practices in the public sector....
    Scoop politics
  • The Tasman Sea got a little smaller this morning
    “Our hearts and minds are with the people of Sydney: the Tasman Sea got a little smaller this morning,” said Race Relations Commissioner Dame Susan Devoy....
    Scoop politics
  • A safety message for the festive season from Housing NZ
    Batteries may be required for some of the best toys under the tree this year, but they are just as essential to enjoying the greatest gift of all, says Housing New Zealand General Manager of Property Services, Marcus Bosch. “Smoke...
    Scoop politics
  • Charity Wins in the High Court
    The National Council of Women of New Zealand (NCWNZ) is delighted that the High Court has found in its favour in its case against Inland Revenue and the Charities Registration Board....
    Scoop politics
  • Government cutting back health services to dangle tax cuts
    The health service is already too stretched, and cutting further into New Zealanders’ health services to fund tax cuts is irresponsible, the CTU said today. Leaked cabinet committee papers have revealed District Health Boards need an additional $440 million...
    Scoop politics
  • Christian Network calls for prayers and understanding
    New Zealand Christian Network director Glyn Carpenter is calling for people to pray and exercise understanding over the Sydney hostage incident....
    Scoop politics
  • Labour congratulated on withdrawing bill
    Euthanasia-Free NZ congratulates Labour leader Andrew Little and MP Iain Lees-Galloway for resisting sponsorship of the ex-Maryan Street voluntary euthanasia bill....
    Scoop politics
  • Commissioner very pleased with results of predator campaign
    Parliamentary Commissioner for the Environment Dr Jan Wright has congratulated the Department of Conservation on the initial results of its major campaign to tackle a predator plague this year....
    Scoop politics
  • Largest ever control campaign knocks back predators
    The Department of Conservation’s largest ever aerial 1080 campaign to combat this year’s rat and stoat plague has successfully knocked down predator populations in key target areas....
    Scoop politics
  • Brazil introduces 10-year validity, NZ overdue
    Brazil has just joined a long list of nations who have moved from 5-year to 10-year biometric passports....
    Scoop politics
  • National lead down after Little takes Labour leadership
    Today’s New Zealand Roy Morgan Poll shows National 46% (down 3.5% in a month). Support for Key’s Coalition partners is higher with the Maori Party 2% (up 1%), Act NZ 1.5% (up 1%) although United Future is 0% (unchanged)....
    Scoop politics
  • Part V of Te Urewera Report Released
    On 15 December 2014, the Waitangi Tribunal released in pre-publication form the fifth part of its report on Te Urewera claims. This part deals with Treaty of Waitangi claims in respect of Lake Waikaremoana, lodged by Tuhoe, Ngāti Ruapani, Ngāti...
    Scoop politics
  • C17 Fantasy Not for New Zealand
    New Zealand First is stunned by news that the New Zealand Defence Force has enquired about buying the $400 million C17 Globemaster III....
    Scoop politics
  • MFAT Spends $9 Million on Four Day Conference
    New Zealand taxpayers forked out $9 million to pay for a recent four-day UN conference in Samoa that included hiring the luxury P&O Pacific Jewel cruise liner. New Zealand covered the accommodation and operating costs of September’s Small Island...
    Scoop politics
  • State Services Commission Staff Highest Paid in Govt Sector
    The average salary for staff at the State Services Commission is higher than at any other government department, according to figures released by the Taxpayers’ Union. This morning’s Dominion Post reported the Commission staff earn an average of more...
    Scoop politics
  • EPA 1080 annual report released
    The Environmental Protection Authority (EPA) has released its seventh annual report on the aerial use of 1080. Findings are again consistent with previous years. The 1080 regime is working as intended with the benefits of using 1080 being seen while...
    Scoop politics
  • Bruce Jesson Awards
    • The Senior Journalism Award of $4000 for a proposed work of "critical, informed, analytical and creative journalism or writing that will contribute to public debate in NZ on an important issue or issues" was awarded to Max Rashbrooke for...
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  • More money for your Christmas break
    You've spent hours planning your Christmas break and months saving for your holiday but have you thought about saving on your energy bills while you are away from home?...
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