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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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    Labour | 24-07
  • Immigation and Kim Dotcom – Harawira
    “I just got a call from National Business Review reporter, asking whether there was any contradiction between my thoughts on immigration in 2009 and now, particularly given MANA’s newly minted relationship with Kim Dotcom” said MANA leader and Tai Tokerau...
    Mana | 24-07
  • Nats to announce 2nd crossing without rail
    Labour Transport spokesperson Phil Twyford says it has been leaked to him that John Key will rule out a rail option when announcing an accelerated timeframe for Auckland’s $5 billion second harbour crossing next month. “I understand the Government’s plan...
    Labour | 24-07
  • “They put Maori centre stage” – Harawira
    “I’m sorry I can’t be at parliament for the valedictory speeches of Tariana Turia and Pita Sharples” said Hone Harawira, MANA Leader and MP for Tai Tokerau, ”but I’d like to add my own best wishes as they reach the end...
    Mana | 24-07
  • ACT trying to have it both ways on zoning
    ACT Party candidate David Seymour’s campaign against changes to school zones in the Epsom electorate looks hollow given his party’s commitment to the abolition of school zoning altogether, Labour’s Education spokesperson Chris Hipkins says. “It’s disingenuous for David Seymour to...
    Labour | 24-07
  • Interest rate rise will hit the regions
    The latest interest rate rise will hit the fragile regional economies of  New Zealand and hurt exporters by putting more upward pressure on the exchange rate, says Labour’s Finance spokesperson David Parker.  “The regions are already hit by dropping  export...
    Labour | 24-07
  • Burning the flag or accepting the evil
    Burning the Israeli flag in Auckland in protest over the murder of innocent civilians in Gaza is nothing to be ashamed of” said MANA Leader and Tai Tokerau MP, Hone Harawira. “Calling for both sides to stand down when one side...
    Mana | 23-07
  • Photo op disguises abysmal failure
    John Key’s opening of four Housing NZ units in Bexley today is nothing more than an insincere photo op designed to hide the Government’s failure to rebuild the housing stock destroyed by the earthquakes, says Labour’s Associate Housing spokesperson Poto...
    Labour | 23-07
  • TAXPAYER UNION “outrageously stupid”
    Jordan Williams, Executive Director of the Taxpayers’ Union says a MANA billboard “appears to have been funded by taxpayers”, and calls it “an outrageous use of taxpayer money”. “But the only thing that is outrageous, is how outrageously stupid Jordan Williams was...
    Mana | 23-07
  • Green Party launches Solar in Schools policy
    The Green Party will help schools install solar and save money on their power bills by investing $20 million into solar PV systems in schools. The $20 million is expected to:Help around 500 schools install solar over three yearsResult in...
    Greens | 23-07
  • Extent of job losses at Invermay remain hidden
    Despite growing concern in the agriculture and science sectors, both AgResearch management and the Minister responsible are continuing to hide the true extent of job losses at AgResearch’s Invermay campus, Labour’s MP for Dunedin North David Clark says. “Science and...
    Labour | 23-07
  • Tōku reo, tōku oho oho, tōku reo, tōku mapihi maurea – MANA launches ...
    “MANA is launching its te reo Māori policy this morning ahead of the first reading of the government’s Māori Language Strategy Bill this afternoon”, saidMANA deputy leader and candidate for Waiariki, Annette Sykes. “MANA’s policy is based on a love...
    Mana | 23-07
  • Connectivity Upgrade to close digital divide
    Labour will close the digital divide with its Connectivity Upgrade to ensure all New Zealanders can be part of a growing, more connected economy and have the right to access quality broadband, Labour Leader David Cunliffe says.  “The digital revolution...
    Labour | 23-07
  • New parents deserve support – Labour will deliver
    ...
    Labour | 23-07
  • National refuses meeting with Maui’s advocates
    National has refused a briefing from a group of Maui's dolphins experts, whose research shows 80 per cent of New Zealanders want greater protection for the critically endangered dolphin, the Green Party said today.Dolphin campaigner Gemma McGrath and marine scientist...
    Greens | 23-07
  • MANA Tamaki send a challenge to Labour
    “Labour should set the agenda and purposely do something positively controversial once a week”, said MANA candidate for Mt Albert, Joe Carolan. “A good start would be for all Labour Auckland MPs and members to join the Justice for Palestine...
    Mana | 23-07
  • We must act to save our dolphins
    A new report makes it clear for the urgent need to protect Maui’s and Hector’s dolphins while arguing  it is clear that there is no need for further research, says Labour’s Conservation spokesperson Ruth Dyson.  “Labour backs the public call...
    Labour | 23-07
  • School told to manipulate national standards data
    Parents can have little confidence in the Government’s National Standards after an Auckland school was told to manipulate its data so it added up, Labour’s Education spokesperson Chris Hipkins. “Valley School in Pukekohe was advised in an email from the...
    Labour | 23-07
  • Regional economies must have tailored plans
    News that up to 114 jobs could be lost from Fonterra’s Canpac plant in Hamilton reinforces the need for a government plan to build resilient regional economies, Labour’s MP for Hauraki-Waikato Nanaia Mahuta says. “The Canpac site has effectively responded...
    Labour | 23-07
  • Auditor General slams Shared Services project
    The Auditor-General’s Office could not have been more damning about the 18 months spent on the Central Agency Shared Services (CASS) project at the Finance and Expenditure Committee this morning, says Maryan Street, Labour’s State Services spokesperson.  ...
    Labour | 23-07
  • Fonterra job losses a massive blow to Waikato
    The potential loss of up to 114 jobs from Fonterra’s Canpac plant in Hamilton is a massive blow to the Waikato region which has already lost hundreds of jobs, Labour says. Labour’s Social Development spokesperson and Hamilton-based list MP Sue...
    Labour | 23-07
  • Basin flyover decision an opportunity for capital
    The decision to reject the proposed flyover at the Basin Reserve must be taken as an opportunity to properly fund Wellington’s transport future and must not be used as an excuse to take resources away from the capital, Wellington Labour MPs...
    Labour | 22-07
  • National out of touch with the regions
    John Key is out of touch with regional New Zealand if he believes tinkering with council regulations will restore opportunities to small towns, Labour Leader David Cunliffe says. “While the regions are crying out for sustainable growth and job opportunities,...
    Labour | 22-07
  • Flyover rejection a victory for sustainable transport
    The rejection of the proposed Basin Reserve flyover by a Board of Inquiry is a victory for sustainable transport in Wellington and paves the way for other alternatives to be given a fair hearing, Wellington Labour MPs Grant Robertson and...
    Labour | 22-07
  • Reo Māori Policy Launch
    MANA will be launching its Reo Māori policy at 10am Thursday 24 July, at Matangireia (the old Māori Affairs Select Committee room at Parliament). We will also be addressing our concerns regarding the Minister of Māori Affairs Māori Language Strategy...
    Mana | 22-07
  • Basin Flyover decision victory for common sense
    The Green Party welcomed the Environmental Protection Authority's draft decision announced today not to allow the $90 million Basin Reserve flyover in Wellington to proceed."Both popular and expert opinion opposed the flyover. The proposal was expensive, unnecessary and would have...
    Greens | 22-07
  • Laila Harre to run against Key in Helensville
    Another full house in Rotorua as part of Internet MANAs road trip Another day, another full house for the Internet MANA road trip. John Armstrong understands the energy now swirling around Internet MANA, and the latest announcements of Georgina Beyer...
    The Daily Blog | 29-07
  • Waiting for Gower’s Twittering of indignation…
    .   . Key has made his call; deals with ACT and Peter Dunne are in – a deal with the CCCP (Colin Craig’s Conservative Party), is out; . . Now we can look forward to TV3′s political commentator, Patrick...
    The Daily Blog | 29-07
  • National’s desperate oil drilling agenda exposed
    MIL OSI – Source: Green Party – Headline: National’s desperate oil drilling agenda exposed Tuesday, 29 Jul 2014 | Press Release A Wall Street Journal article exposing the Government’s attempts to lure deep sea oil drillers to New Zealand shows...
    The Daily Blog | 29-07
  • Owner of Kiwis’ favourite tacos takes bold stand for climate action
    MIL OSI – Source: Oxfam NZ – Headline: Owner of Kiwis' favourite tacos takes bold stand for climate action The maker of Old El Paso tacos, Betty Crocker cake mixes and Haagan Daz ice-cream has today committed to industry-leading measures...
    The Daily Blog | 29-07
  • Out of touch Brownlee gets numbers wrong
    MIL OSI – Source: Labour Party – Headline: Out of touch Brownlee gets numbers wrong Gerry Brownlee has shown how badly he is managing the rebuild by getting his figures wrong on how many houses are needed in Christchurch, Labour’s...
    The Daily Blog | 29-07
  • GUEST BLOG: Michael Wood: Weekend at Bernie’s lll – ACT in Epsom
    While no one will be surprised by yesterday’s deal to prop up ACT in Epsom, the audacity of it is still astounding. ACT is a political corpse. Their sole MP has been found guilty of electoral fraud and bides his...
    The Daily Blog | 28-07
  • So how’s all the ‘ Labour Party man ban’ hysteria working out for you...
    Remember all the screams from the media at the so called ‘man ban’ of the Labour Party? Labour’s attempt at gender equality was really just more evidence of Labour’s man hate,  feminists were taking over, heterosexual red blooded men burnt at the stake....
    The Daily Blog | 28-07
  • Paul Henry; the issue is you, not flag-burning
    There will always be reductive, dangerous and reactionary responses to different forms of oppressive violence by our western, often biased, mainstream media. These reactionary responses purposefully distract from the real issues and those who are at the root and the...
    The Daily Blog | 28-07
  • Oh now John Armstrong and Vernon Small want to talk about policy?
    The audacity of the mainstream media seems to know no end. This week both John Armstrong and Vernon Small had the hilarity to demand a focus on policy and not ‘gotcha’ politics… John Armstrong: The ‘gotcha politics’ disease is afflicting...
    The Daily Blog | 28-07
  • “They put Maori centre stage” – Harawira
    MIL OSI – Source: Mana Movement – Headline: “They put Maori centre stage” – Harawira  Posted on July 24, 2014 by admin in Hone Harawira, Press Releases“I’m sorry I can’t be at parliament for the valedictory speeches of Tariana Turia...
    The Daily Blog | 28-07
  • Burning the flag or accepting the evil
    MIL OSI – Source: Mana Movement – Headline: Burning the flag or accepting the evil Posted on July 24, 2014 by admin in Hone Harawira, Press ReleasesBurning the Israeli flag in Auckland in protest over the murder of innocent civilians...
    The Daily Blog | 28-07
  • TAXPAYER UNION “outrageously stupid”
    MIL OSI – Source: Mana Movement – Headline: TAXPAYER UNION “outrageously stupid” Posted on July 24, 2014 by admin in Hone Harawira, Press ReleasesJordan Williams, Executive Director of the Taxpayers’ Union says a MANA billboard “appears to have been funded by taxpayers”,...
    The Daily Blog | 28-07
  • Tōku reo, tōku oho oho, tōku reo, tōku mapihi maurea – MANA launches ...
    MIL OSI – Source: Mana Movement – Headline: Tōku reo, tōku oho oho, tōku reo, tōku mapihi maurea – MANA launches te reo Māori policy  Posted on July 24, 2014 by admin in Annette Sykes, Press Releases, Te Hamua Nikora“MANA...
    The Daily Blog | 28-07
  • Green Party launches Solar in Schools policy
    MIL OSI – Source: Green Party – Headline: Green Party launches Solar in Schools policy Thursday, 24 Jul 2014 | Press Release Our Solar in Schools policy will allow them to save money on electricity – money which can be...
    The Daily Blog | 28-07
  • Media Release: New report on GP costs for 6-17 year olds
    MIL OSI – Source: Child Poverty Action Group – Headline: Media Release: New report on GP costs for 6-17 year olds 24 July 2014 Free doctor’s visits should be extended to all children under 18 as GP charges are a...
    The Daily Blog | 28-07
  • 3 reasons why I can’t care about Gerry Brownlee’s airport security fias...
    I find it very difficult to get upset about Gerry Brownlee barging through airport security for 3 simple reasons. Firstly I think airport security in this country is a total farce. Why we need to be conditioned to security searches...
    The Daily Blog | 28-07
  • How the Opposition win Epsom now Key has cemented Goldsmith into place
    One fear I had this election would be that National listened to Matthew Hooton and removed Goldsmith from the ballot box to leave the race open enough for David Seymour to ensure an ACT Party victory. Thankfully National Party hubris...
    The Daily Blog | 28-07
  • Now Conservative Party has been killed off, is a vote for NZ First a vote f...
    Are Winston and John Key new Best Friends Forever?   Colin Craig and his Conservative Party have been cleverly played and tricked and trapped by National. Whatever promises and flirtations Key made with Craig last year have eventuated into nothing....
    The Daily Blog | 28-07
  • The front page the NZ Herald would use if they thought they could get away ...
    The front page the NZ Herald would use if they thought they could get away with it...
    The Daily Blog | 28-07
  • Best National Party Billboard
    Best National Party Billboard...
    The Daily Blog | 28-07
  • Annette Sykes to launch campaign for Waiariki Annette Sykes, MANA candidate...
    MIL OSI – Source: Mana Movement – Headline: Annette Sykes to launch campaign for Waiariki Annette Sykes, MANA candidate for Waiariki Posted on July 28, 2014 by admin in Annette Sykes, Press ReleasesAt midday tomorrow, Annette Sykes will officially launch...
    The Daily Blog | 28-07
  • Something Fishy About Nick Smith’s Game.
    NICK SMITH’S crude intimidation of the Fish and Game Council points to the bleakest of environmental futures should National be re-elected on 20 September. It is now considerably clearer than 60 percent of New Zealand’s lakes, rivers and streams that...
    The Daily Blog | 28-07
  • Minister shouldn’t stop Fish and Game doing its job
    MIL OSI – Source: Green Party – Headline: Minister shouldn’t stop Fish and Game doing its job Monday, 28 Jul 2014 | Press Release Fish and Game is supposed to advocate for clean and healthy rivers, it’s the law. It...
    The Daily Blog | 28-07
  • Key’s odd personal hypocrisy in Epsom, his kiss of death to the Maori Par...
    Aside from tricking Colin Craig into running in an electorate National can crush him in, John Key has announced three things in his election deals that are ill thought out. The first is his deal with the Maori Party. At a time...
    The Daily Blog | 28-07
  • Public deserves electoral integrity
    MIL OSI – Source: Labour Party – Headline: Public deserves electoral integrity National’s deals with spent political forces ACT and United Future will be met with a deepening sense of unease over the manipulation of MMP, Labour Leader David Cunliffe...
    The Daily Blog | 28-07
  • Out of control costs raise questions about National Science Challenges
    MIL OSI – Source: Labour Party – Headline: Out of control costs raise questions about National Science Challenges Amid strong criticism of the value of the National Science Challenges from some of the country’s senior scientists, new figures show administrative...
    The Daily Blog | 28-07
  • Low build numbers and faulty repairs: what has Brownlee been doing?
    MIL OSI – Source: Labour Party – Headline: Low build numbers and faulty repairs: what has Brownlee been doing? Despite being a man in a hurry new figures show just 2160 new homes, thousands fewer than needed, have been built...
    The Daily Blog | 28-07
  • UNEMIG: Disgraced hotel operator still hasn’t learned
    MIL OSI – Source: First Union – Headline: UNEMIG: Disgraced hotel operator still hasn’t learned A publicly disgraced Auckland hotel is still not paying their workers the minimum wage, according to the Union Network of Migrants (UNEMIG). Last week the...
    The Daily Blog | 28-07
  • Christchurch CHEP workers walk off the job again
    MIL OSI – Source: First Union – Headline: Christchurch CHEP workers walk off the job again Workers at Brambles-owned CHEP Christchurch have walked off the job again today to protest the employer’s refusal to negotiate an improved pay offer, according...
    The Daily Blog | 28-07
  • Why it’s all over for the Conservative Party
    Whatever flirtations were made months ago to Colin Craig by National strategists, the polling must have come back showing them too much of their soft urban vote would walk if Key was in Government with Colin Craig.  The necessary inside muscle to...
    The Daily Blog | 28-07
  • Balance in the NZ Herald and has something gone terribly wrong at the Heral...
    So the ‘balance’ in the NZ Herald this year for the election will be… Guest columnists will include the acerbic Cactus Kate from the radical right, former Labour candidate Josie Pagani and broadcaster Mark Sainsbury. Right, so that would be...
    The Daily Blog | 27-07
  • Joyce’s heavy hand stifling innovation
    MIL OSI – Source: Green Party – Headline: Joyce’s heavy hand stifling innovation Monday, 28 Jul 2014 | Press Release “The heavy hand of Steven Joyce is destroying New Zealand’s innovation economy.” The National Government should allow scientists and businesses...
    The Daily Blog | 27-07
  • CERA spends almost $2m on 7000 flights
    MIL OSI – Source: Labour Party – Headline: CERA spends almost $2m on 7000 flights CERA has spent $1.8 million on 7286 flights from Christchurch to Wellington in three years – a huge waste of money as Cantabrians still wait...
    The Daily Blog | 27-07
  • Nick Smith oversteps the mark yet again
    MIL OSI – Source: Labour Party – Headline: Nick Smith oversteps the mark yet again Nick Smith has yet again completely overstepped the mark as a minister – this time with a threat to muzzle Fish and Game if they...
    The Daily Blog | 27-07
  • Phew – National Party hubris seals strategy
    The National Party are bot listening to Matthew Hooton. Phew. Hooton has crunched the numbers and based on past polling National always drops 6 points come election day. National aren’t listening. Barging through the need to cut deals with all...
    The Daily Blog | 27-07
  • Noam Chomsky on the TPPA
    Noam Chomsky on the TPPA...
    The Daily Blog | 27-07
  • Unacceptable secrecy around labelling people terrorists
    It’s good to see the Sunday Star-Times attempting to get more information from government agencies about Daryl Jones, the Kiwi killed in a US drone strike in Yemen.  The paper is right to complain about the government’s refusal to provide...
    The Daily Blog | 27-07
  • A critical deconstruction of John Key – what’s behind the facade?
    Aspiring national leaders need a popular narrative of their rise to power.  Once in office, the narrative can be refined to fit the requirements of leadership and re-election.  Such is the purpose of John Roughan’s John Key: Portrait of  a...
    The Daily Blog | 27-07
  • Radio Live – off Mark
    The Top Marks lasted five weeks on Mediaworks radio station The Sound. This may have something to do with last being relevant in the mid-1980s when there were only two commercial FM licences in Auckland and they were on one...
    The Daily Blog | 27-07
  • Wellingtonians say ‘No!’ to Israeli aggression
    .   . Wellington, NZ, 26 July – About 600 Wellingtonians, and from further afield, met at the Cuba Mall Bucket fountain under a wintery sunny sky, to protest Israel’s continuing aggression in the Gaza strip, which – at the...
    The Daily Blog | 27-07
  • Greens call for shipping lanes backed by Maritime Union
    MIL OSI – Source: Maritime Union of New Zealand – Headline: Greens call for shipping lanes backed by Maritime Union The Maritime Union is backing the Green Party’s policy to implement compulsory shipping lanes for coastal shipping, announced 27 July...
    The Daily Blog | 27-07
  • Government needs to get Fishing reform bill passed now
    MIL OSI – Source: Maritime Union of New Zealand – Headline: Government needs to get Fishing reform bill passed now The Maritime Union is urging the Government to push through a Bill reforming the fishing industry. Maritime Union of New...
    The Daily Blog | 27-07
  • Georgina Beyer to stand for MANA in Te Tai Tonga
    MIL OSI – Source: Mana Movement – Headline: Georgina Beyer to stand for MANA in Te Tai Tonga  Posted on July 27, 2014 by admin in Hone Harawira, Press Releases“It’s great to have Georgie on board” said Hone Harawira, MANA...
    The Daily Blog | 27-07
  • Israel/Gaza conflict: Questions and Answers
    MIL OSI – Source: Amnesty International NZ – Headline: Israel/Gaza conflict: Questions and Answers What does Amnesty International think of the resolution passed by the UN Human Rights Council on 23 July? What should happen next?Amnesty International welcomes resolution S-21/1...
    The Daily Blog | 26-07
  • Green Party launches plan to protect our beaches from oil spills
    MIL OSI – Source: Green Party – Headline: Green Party launches plan to protect our beaches from oil spills Sunday, 27 Jul 2014 | Press Release Like New Zealand chose to go nuclear free, we can add to our national...
    The Daily Blog | 26-07
  • GUEST BLOG: Shasha Ali – I am an indigenous person but I will never call ...
    Yesterday was indeed a politically hectic day in Aoteaora New Zealand, especially if you are an activist that cares about both human and non-human animal rights. Protest actions were organised to demand an end to factory farming from about noon, and...
    The Daily Blog | 26-07
  • Pro-Israel, Pro-Palestine or ‘Pro-Peace’?
    Latest protest for people of Gaza in Auckland In the past couple of weeks I have heard a lot of people say that they are neither Pro-Israel nor Pro-Palestine; they are pro-peace. This is a stand that I respect. Everyone...
    The Daily Blog | 26-07
  • So we can’t feed the kids, the poor OR the sick now?
    Let me get this straight. We can borrow $10 billion in tax cuts over the last 6 years for the richest NZers, but we can not feed the kids, the poor or even the sick now? Revealed: Warning over hospital food...
    The Daily Blog | 26-07
  • Kim Dotcom has said it, Laila Harre has said it and now David fisher says i...
    Fascinating piece by David Fisher in the NZ Herald breaking down how many opportunities the Government had to listen to officials and stop KDC entering the country and concludes KDC should never have been allowed in… It prepared papers for the...
    The Daily Blog | 25-07
  • You, Me and the GCSB Public Meetings
      The GCSB and TICS legislation rushed through Parliament by John Key represent the largest erosion of civil liberties this country has seen since the 1951 Waterfront Lockout. In the post Snowden world we now know a mass surveillance state operating...
    The Daily Blog | 25-07
  • Harré: It’s Game on in Helensville
    Harré: It’s Game on in Helensville Internet Party Leader Laila Harré will stand in John Key’s Helensville electorate because “the Prime Minister has some explaining to do”. Ms Harré wants to debate Mr Key at candidate meetings in his own...
    Scoop politics | 29-07
  • Ministers condemned for failing to meet Papuan journalist
    West Papua Action Auckland is shocked that that Ministers Coleman and Tolley have decided against giving even a brief time to meet with visiting Papuan journalist Victor Mambor (Chair of the Papua Chapter of the Association of Independent Journalists...
    Scoop politics | 29-07
  • Cliff Curtis Apolitical
    While I respect my cousin Annette Sykes commitment in engaging in the political process, I do not endorse or support any political party. I respect all candidates who make the commitment to stand for political office. It requires and takes...
    Scoop politics | 29-07
  • National getting students into science
    National Party Hutt South candidate Chris Bishop today supported the government’s launch of A Nation of Curious Minds: He Whenua Hirihi I te Mahara, a programme to boost community involvement in the science sector....
    Scoop politics | 29-07
  • NZ NGOs respond to the worsening humanitarian crisis in Gaza
    NZ NGOs are responding to the worsening humanitarian crisis in the Gaza strip with news today of an upsurge in violence and an increasing number of civilian casualties....
    Scoop politics | 29-07
  • ACT Candidate for Epsom delighted by second endorsement
    ACT Candidate for Epsom delighted by second endorsement David Seymour, ACT Candidate for Epsom 29/07/2014...
    Scoop politics | 29-07
  • Colin Craig (sic) Launches New Website
    Colin Craig today advised that his web presence was not large enough, especially when compared to similarly polling parties such as the Internet/Mana Party. “After extensive discussion and advice from my full time legal team, and my IT part timer...
    Scoop politics | 29-07
  • Spat between Minister Smith and Fish and Game overdue – ACT
    With the latest spat between Minister Nick Smith and Fish and Games Bryce Johnston hitting fever pitch, ACT Primary Industry Spokesman Don Nicolson says a review of the Fish and Game legislation will be an ACT ambition in the next...
    Scoop politics | 29-07
  • Maori King challenges Ngapuhi leader to front up
    Following his strong condemnation of the Maori King, Tuheitia yesterday, Ngapuhi kaumatua David Rankin has received a challenge this afternoon from prominent Kingitanga [King Movement] supporter Mamae Takerei....
    Scoop politics | 29-07
  • ACT Speech to Waikato Conference: Race has no place in law
    David Cunliffe recently apologised to a Women’s Refuge symposium: “I don't often say it – I'm sorry for being a man … because family and sexual violence is overwhelmingly perpetrated by men.” The Prime Minister accused Cunliffe of being insincere....
    Scoop politics | 29-07
  • Greg Campbell Chief Executive of Wellington Regional Council
    Chair of Wellington Regional Council, Fran Wilde today announced the appointment of Greg Campbell as Chief Executive of the Council. Greg Campbell will take up the role in September following the departure of outgoing Chief Executive David Benham...
    Scoop politics | 29-07
  • We are going to campaign harder
    “It was great news to learn that John Key says I am his recommendation for Epsom. While the Prime Minister is an important person and he is my pick to remain Prime Minister, John Key is just one voter. I...
    Scoop politics | 28-07
  • Why Green isn’t the best colour for water
    Why Green isn’t the best colour for water Ian Mackenzie is Federated Farmers Environment spokesperson and was on the reference group for the National Objectives Framework. An opinion is also running in the New Zealand Herald. The Green Party recently...
    Scoop politics | 28-07
  • Rainbow Wellington General Election Candidates Forum
    In many ways the transgender community is in a similar position now to that faced by lesbians and gay men a generation ago. It is having to face many of the same difficulties, often based on the same ignorance and...
    Scoop politics | 28-07
  • Defence Lawyer Disgust!!!
    “ The Sensible Sentencing Trust is horrified by Defence Lawyer Steven Zindel's comments at the Sentencing of a Man Jailed for the Rape of his 4 year old daughter .”...
    Scoop politics | 28-07
  • Ōhāriu deserves better than a rort
    The National Party's deal with Peter Dunne is a rort and shows the people of Ōhāriu are being taken for granted, Labour candidate Virginia Andersen says. "Peter Dunne has been placed on political life support by the National Party. His...
    Scoop politics | 28-07
  • FMC Backs Fish and Game’s Role on Freshwater
    Federated Mountain Clubs today reinforced its strong support for the New Zealand Fish and Game Council's statutory role in advocating for anglers and hunters interests in freshwater. FMC President Robin McNeill stated that the Federation's 17,000 members...
    Scoop politics | 28-07
  • The Letter: Key Gives Nod for Seymour in Epsom
    This afternoon the PM acknowledged the importance of Epsom to National’s re-election prospects when said he wanted National’s supporters in Epsom to vote for ACT’S David Seymour. We always thought David could win Epsom, for which he has been campaigning...
    Scoop politics | 28-07
  • Forest & Bird supports Fish and Game’s freshwater advocacy
    The independent conservation organisation Forest & Bird is concerned over allegations the Fish & Game Council has been threatened over its advocacy for freshwater quality....
    Scoop politics | 28-07
  • Time for Epsom to say “no deal”
    “Epsom voters will be disgusted by the deal announced today to try and once again gift their electorate to the ACT Party”, says Labour candidate for Epsom Michael Wood....
    Scoop politics | 28-07
  • Petition for release the of seven Bah
    At the invitation of the Honourable Annette King the New Zealand Bahá'í community is presenting a petition to the House of Representatives asking the NZ government to demand the release of the seven former leaders of the Baha’i community in...
    Scoop politics | 28-07
  • Capital gains in the capital city
    Victoria University will today be hosting a public debate on the merits of more comprehensive capital gains tax—a step which taxation expert Associate Professor Dr David White considers would be beneficial for New Zealand. Organised by student group Beta Alpha...
    Scoop politics | 28-07
  • Te Kupenga supports efforts of anti-violence campaigner
    Te Kupenga Whakaoti Mahi Patunga – National Network of Stopping Violence Services (Te Kupenga) wholeheartedly endorses statements made by DJ, Kickboxer and Anti-Violence Campaigner Richie Hardcore this morning on TV3’s Firstline about the role of men...
    Scoop politics | 28-07
  • iPredict Ltd2014 Election Update #28
    The chances of a fiscal surplus in 2014/15 continue to plunge and are down to 50%, according to the combined wisdom of the 7000 registered traders on New Zealand’s online predictions market, iPredict. The forecast surplus is now just 0.22%...
    Scoop politics | 28-07
  • TPPA is a bad idea
    “Currently New Zealand, Australia, Singapore, Brunei, Vietnam, the USA, Japan, Malaysia, Canada, and Mexico are still negotiating the Trans-Pacific Partnership Agreement. Officially talks finished last August, but the reality is that they keep...
    Scoop politics | 28-07
  • Getting privacy right in our data future
    Privacy Commissioner John Edwards welcomes the release of the New Zealand Data Futures Forum’s report....
    Scoop politics | 28-07
  • Conference on Democracy, Ethics and the Public Good
    Conference on Democracy, Ethics and the Public Good A conference is to be held in Wellington on 1 and 2 August with the aim of starting a NZ-wide discussion about the quality of our democracy. The conference is hosted jointly...
    Scoop politics | 27-07
  • Paddock to plate, and smart roads possible
    New Zealand’s international brand and exports could grow significantly with the creation of a data sharing ‘eco-system’ according to a paper released by the NZ Data Futures Forum today....
    Scoop politics | 27-07
  • Ngapuhi wants to overthrow Maori King
    Ngapuhi is planning a hui for the end of the year – organised by iwi leader David Rankin – in which the future of the King Movement will be discussed....
    Scoop politics | 27-07
  • Housing warrant of fitness little help for sick children
    A housing warrant of fitness has been promoted as a way of preventing sickness among children in poverty. The attached report shows that such a regime would have little impact on health outcomes but would come at a considerable cost,...
    Scoop politics | 27-07
  • Upcoming Fabian Events in Auckland
    Sue Bradford ’s PhD thesis, 'A major left wing think tank in Aotearoa—an impossible dream or a call to action?' looked at why no major left wing think tank has developed in Aotearoa and whether the left in 2010-2013 was...
    Scoop politics | 27-07
  • Senior Citizens, Not Senile Citizens
    The Taxpayers’ Union is questioning the merits and costs of the “ No car? No problem! Getting around your community without a car” brochure, released by the Office for Senior Citizens. The brochure’s purpose is to explain to senior citizens...
    Scoop politics | 27-07
  • NZ Troops Hone Their Skills in Queensland
    Around 260 New Zealand troops are on a 25-day Australian-led warfighting exercise in Townsville, Northern Queensland....
    Scoop politics | 27-07
  • Maritime Union backs Green Party call for shipping lanes
    The Maritime Union is backing the Green Party’s policy to implement compulsory shipping lanes for coastal shipping, announced today....
    Scoop politics | 27-07
  • Auckland Council Bypasses Public, Ditches Rodeo Ban
    Auckland Council Bypasses Public, Ditches Rodeo Ban The Auckland Council has announced that they are abandoning the rodeo ban on council land, put into place in 2008. This was done with virtually no consultation, says SAFE, the animal advocacy organisation....
    Scoop politics | 27-07
  • Tolley and Coleman urged to meet West Papuan visitor
    Ministers Tolley and Coleman urged to meet West Papuan visitor Police Minister Anne Tolley and Defence Minister Dr Jonathan Coleman have a rare opportunity this week to gain first-hand knowledge about Indonesian police and military activities in West...
    Scoop politics | 27-07
  • Minister Right to Give Fish & Game a Serve
    Reacting to Radio New Zealand’s report concerning allegations that Conservation Minister Nick Smith warned the Fish and Game Council that it acts like a 'rabid NGO', Jordan Williams, Executive Director of the Taxpayers’ Union says:...
    Scoop politics | 27-07
  • Government needs to get Fishing reform bill passed now
    The Maritime Union is urging the Government to push through a Bill reforming the fishing industry....
    Scoop politics | 27-07
  • Ivory trade laws look set to tighten following petition
    A petition mounted by an Auckland schoolteacher has won the support of a powerful Select Committee and has moved the New Zealand closer towards a fully enforceable ivory trading ban....
    Scoop politics | 27-07
  • Bilingual guide a demonstration of leadership
    “Waikato River Restoration: A Bilingual Guide” to the Waikato River that saw Tainui Waikato, Landcare Trust and the Waikato River Authority working together is a demonstration of rangatiratanga or leadership says Race Relations Commissioner...
    Scoop politics | 27-07
  • Georgina Beyer to stand for MANA in Te Tai Tonga
    "It's great to have Georgie on board" said Hone Harawira, MANA Leader and Te Tai Tokerau MP. "She's strong-minded, stands up to be counted, and has fought for the rights of those who haven't had any - and won. That...
    Scoop politics | 27-07
  • Q + A: Sir Bob Harvey
    SUSAN Sir Bob Harvey was behind the transformation of Norm Kirk, and one of New Zealand's most popular Prime Ministers. He also advised Bill Rowling, David Lange and Helen Clark, the latter as Labour Party President. Wild Westie a new...
    Scoop politics | 27-07
  • Q + A: Rod Drury
    Xero boss Rod Drury told TVNZ’s Q+A programme what the political parties are offering at this election is ‘all too small.’ “There's no policy, all it is a bunch of incremental stuff. “All too small. What we want to do...
    Scoop politics | 27-07
  • Q + A: Gerry Brownlee
    Transport Minister Gerry Brownlee Rules Out Fastracking Auckland’s City Rail Loop Transport Minister Gerry Brownlee told TV1’s Q+A programme this morning that he won’t be bringing forward an Auckland City Rail loop based on new figures showing...
    Scoop politics | 27-07
  • Owen interviews Australian Treasurer Joe Hockey
    Lisa Owen interviews Australian Treasurer Joe Hockey Headlines: Australian Treasurer Joe Hockey suggests “we can move on some” changes to welfare for New Zealanders in Australia New Zealanders “brothers and sisters” who make “a massive contribution”,...
    Scoop politics | 27-07
  • Flavell and Harawira on The Nation
    Lisa Owen interviews Maori Party leader Te Ururoa Flavell and Mana leader Hone Harawira Headlines: Hone Harawira says realistically his Mana Party can take three Maori seats, Te Ururoa Flavell sticks to prediction that Maori Party will win all seven....
    Scoop politics | 27-07
  • The Nation 26,27 July: Flavell & Harawira, Joe Hockey
    On The Nation this weekend…. With the Maori seats primed to play a pivotal role this election, Torben Akel reports from the key battlegrounds and meets the top contenders. Then the Maori Party co-leader Te Ururoa Flavell and Mana Party...
    Scoop politics | 25-07
  • Announcement of New Zealand First Candidate for Rangitīkei
    New Zealand First has endorsed Dr Romuald (‘Rom’) Rudzki as the candidate for the Rangitīkei Electorate in the 2014 General Election....
    Scoop politics | 25-07
  • Labour Offer Len Brown a Hotel Tax
    The Taxpayers’ Union is slamming the Labour Party's plan to allow councils to levy new 'pillow taxes' and regional petrol taxes. Reacting to this afternoon’s NZ Herald report Jordan Williams, Executive Director of the Taxpayers’ Union ,...
    Scoop politics | 25-07
  • Cell phone evidence a first
    Cell phone evidence a first Evidence gathered solely from a cell phone has been used for the first time to convict a Hastings man for possessing child sexual abuse pictures. Michael Lawrence Worsnop, a 29-year-old orchard worker pleaded guilty to...
    Scoop politics | 25-07
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