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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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    Greens | 20-10
  • Kevin Hague speaks in the 2014 Address and Reply debate
    Thank you very much, Mr Deputy Speaker, and, like others, can I begin my contribution by congratulating you and the others in the Speaker's team: the Rt Hon David Carter, Lindsay Tisch, and the Hon Trevor Mallard. I also want...
    Greens | 20-10
  • Damning report on Ruataniwha dam numbers
    When I presented my submission to the Board of Inquiry on the Tukituki Catchment Proposal I compared the proposed 83 metre high Ruataniwha dam with the Clyde Dam and noted the risk of cost blowouts in the construction process.  The...
    Greens | 20-10
  • Church congratulated on child poverty stand
    The efforts by the bishops of the Anglican Church to ensure that the issue of child poverty is not forgotten is a call to all New Zealanders to take action, says Labour’s Interfaith-Dialogue Spokesperson, Su’a William Sio.   “I think...
    Labour | 19-10
  • Labour names Review Team
    Labour’s New Zealand Council has appointed Bryan Gould as Convenor of its post-General Election Review.  He will be joined on the Review Team by Hon Margaret Wilson, Stacey Morrison and Brian Corban (see further biographical details here). The Review Team...
    Labour | 19-10
  • Labour backs urban development plans
    Auckland Council’s plan to set up an urban development agency is to be applauded and central government should get behind it to make it a success, Labour’s Auckland Issues spokesperson Phil Twyford says. Auckland Council CEO Stephen Town has indicated plans...
    Labour | 18-10
  • New Zealand can be rightly proud of seat on Security Council
    Gaining a seat on the United Nation’s Security Council shows the sort of standing that New Zealand has in the world and the quality of the long campaign that we ran over nearly a decade, says Foreign Affairs spokesperson David...
    Labour | 16-10
  • NZ has opportunity on UN Security Council
    New Zealand has an opportunity to make a major contribution to the strengthening of international law and institutional capacity through its upcoming two-year tenure on the United Nations Security Council, Green Party spokesperson on global affairs, Dr Kennedy Graham said...
    Greens | 16-10
  • MPI still dragging the chain over causes of food bug
    The Ministry of Primary Industries’ release of Environmental Science and Research’s initial reports regarding the sources of a nasty stomach bug will be little comfort to the 127 people affected by it, Labour’s Food Safety spokesperson Damien O’Connor says. “This...
    Labour | 16-10
  • Treasury officials should try working without food
    The Green Party is challenging Treasury officials to work for a week without eating properly, in light of their advice to Government that a food in schools programme is not needed."Treasury's advice was that providing food for children in schools...
    Greens | 15-10
  • Councils need to better protect our drinking water
    Environment Canterbury (ECan) is proposing several variations to its regional land and water plan that will allow for increased nutrient and other pollution from irrigation and intensive agriculture on the Canterbury Plains. Commissioners are hearing submissions on Variation 1 to...
    Greens | 15-10
  • National needs to commit to making NZ workers safe
    The National Government must do more to help make New Zealand workplaces a safer place to work in, Green Party industrial relations spokesperson Denise Roche said today.Data released by Statistics New Zealand today showed that workers in the fishing and...
    Greens | 15-10
  • Key commits to deployment before consultation or analysis
    John Key’s offer to consult Opposition parties on whether to deploy New Zealand forces against ISIS looks increasingly like a PR exercise only, says Labour’s Defence spokesperson, Phil Goff. “The presence of New Zealand’s Chief of Defence Force at a...
    Labour | 15-10
  • National must end ideological opposition to raising income
    If John Key is serious about tackling child poverty he must approach it with an open mind, and overcome his ideological block to raising incomes as a solution, the Green Party said today.Papers released to Radio New Zealand today show...
    Greens | 14-10
  • Pentagon links climate change and terrorism
    Yesterday the Pentagon launched a plan to deal with a threat that “poses immediate risks to national security”; one that “will affect the Department of Defense’s ability to defend the nation”. It wasn’t referring to Ebola or ISIS. It was...
    Greens | 14-10
  • Four Nominees for Labour’s Leadership
    As at 5pm today four valid nominations had been received for the position of Labour Leader, as follows: Andrew Little(nominated by Poto Williams and Iain Lees-Galloway) Nanaia Mahuta(nominated by Louisa Wall and Su’a William Sio) David Parker(nominated by Damien O’Connor...
    Labour | 14-10
  • Green Party calls for consultation over terrorism law changes
    The Green Party has today written to the Prime Minister asking him to engage in wider consultation prior to changing any laws as a result of the recently announced terrorism law reviews, said the Green Party today. In a letter...
    Greens | 14-10
  • MPI must name product and supermarket chain
    The Ministry of Primary Industries must name the product responsible for severe gastroenteritis affecting people around the country, and the supermarket chain distributing it, Labour’s Food Safety spokesperson Damien O’Connor says. “The Ministry seems to be more concerned about protecting...
    Labour | 13-10
  • John Key dishonest about reasons for wanting to change terrorism law
    John Key is misleading the public to push through terrorism law changes under urgency, the Green Party said today. On Sunday, John Key stated that it is not illegal for someone to fight overseas for a terrorist group, such as...
    Greens | 12-10
  • Law changes shaping up to be worse than first thought
    The Prime Minister needs to be up front about exactly what changes he is planning to make to the Employment Relations  Amendment Bill, Labour's spokesperson on Labour Issues Andrew Little says.Interviewed on Q&A yesterday John Key said he did not...
    Labour | 12-10
  • Rapists, not Tinder, the threat to women
    Blame for rape and sexual assault should only ever be laid at the door of the perpetrator, not dating services or the actions of women themselves, Labour’s Associate Police spokesperson Kelvin Davis says. “Tinder is not the problem and women...
    Labour | 09-10
  • Safer Journeys For People Who Cycle
    You have a rare opportunity to tell the people who are making the decisions on cycling how to make it better. The Cycling Safety Panel is seeking feedback on their draft recommendations for improving the safety of cycling in New...
    Greens | 08-10
  • Subsidising more pollution will undermine water clean-up plan at Te Waihora...
    In 2010, NIWA found Canterbury’s Te Waihora/Lake Ellesmere had the worst nutrient status of 140 lakes around New Zealand that it measured. In 2011, the National Government committed to spending $15 million across the country through the Fresh Start for...
    Greens | 08-10
  • Adding value not herbicides
    The HT swedes, and other brassicas, might seem like a good idea to farmers struggling against weeds but like the GE road, is this the path we want our agriculture to be treading? The Federated Farmers President, Dr William Rolleston...
    Greens | 07-10
  • ‘Blame the Planner’ bizarre approach to child poverty
    The National Government is stooping to a bizarre new low in blaming "planning processes" for poverty and inequality, after spending six years doing nothing about either the housing market or child poverty, the Green Party said today. Finance Minister Bill...
    Greens | 07-10
  • Media Advisory
    MANA Leader, Hone Harawira will not be available to speak with media today regarding his release “Recount Just One Step To restoring Credibility”. He is however available for media comment tomorrow, Tuesday the 8th of October, all media arrangements are...
    Mana | 07-10
  • RECOUNT JUST ONE STEP TO RESTORING CREDIBILITY
    “I have applied for a judicial recount of the votes in the Tai Tokerau election because it is one step in trying to restore credibility to the electoral process in the north, and, I suspect, in all other Maori electorates...
    Mana | 07-10
  • MANA SEEKS TAI TOKERAU RECOUNT
    The MANA Movement is supporting Leader Hone Harawira’s application for a judicial re-count in the Te Tai Tokerau electorate for the 2014 general election. President Lisa McNab says there are a number of serious issues of concern regarding the ability...
    Mana | 07-10
  • The instant Jihad syndrome
    My favourite new term is ‘self-radicalised’ – it suggests the reasons for terrorism are totally divorced from the actions of the West. This need to suddenly ramp up terror laws because of lone wolf, self-radicalised Jihadists seems convenient and counter-productive....
    The Daily Blog | 25-10
  • We have nothing to fear from Ebola but fear itself
    I suspect most Americans perceive Ebola like this   I can’t work out if the fear being spread within the media about Ebola is deliberate or just ignorance. Yes Ebola is a terrible plague that kills a large percentage of...
    The Daily Blog | 25-10
  • GUEST BLOG: Anjum Rahman – “Meritocracy? I wish.”
    I’d like to start by linking to a post I had published at another site in support of Nanaia Mahuta for the Labour Party leadership election.  She has a reasonable chance, given that she already has the endorsement of Te...
    The Daily Blog | 25-10
  • Chocolate milk shortage and creepy Santa? Let’s talk about real news
    Child poverty is still a scarily serious problem in this country and house prices are soaring through the roof to the point where it is simply impossible for the average New Zealander to buy a home. There is also little...
    The Daily Blog | 25-10
  • It’s time to celebrate Kiwi schools and teachers
    Some would have you believe that New Zealand’s schools are in a state of collapse, that your children are not being educated well and that things are going to hell in a hand basket.  That there is no innovation, no...
    The Daily Blog | 25-10
  • Ideological Blitzkrieg – Privatization of state housing, more charter sch...
    Pundits in pundit land will tell you that this Government is boring, that Key is the great pragmatist and that it is his ability to create elegant solutions that keeps him the firm favourite in many Kiwi eyes. This ability...
    The Daily Blog | 24-10
  • Hegemony rules but resistance is fertile
    The Prime Minister is a puppet. Not just our current Prime Minister, but given the forces of multinational globalisation, the role of any head of state, is less as independent actor, and more as a puppet of international trends and...
    The Daily Blog | 24-10
  • An open Letter to Sir Bob Jones: demanding a ‘liveable wage’ is not “...
    How out of touch with reality is Sir Bob Jones? You know, that white dude who invested in privatised SOEs after the selling off of our assets in the eighties and made a ludicrous and disgusting amount of money and is...
    The Daily Blog | 24-10
  • My insecurity about the Security Council
    As I write this (on 24 October) it is international UN Day. Of course, you all knew that already, right? Well, the day celebrates the entry into force of the UN Charter in 1945. With the ratification of this founding...
    The Daily Blog | 24-10
  • GUEST BLOG: Catherine Delahunty – Back in That House
    Parliament opened this week and I still find it a very odd place. Most of the people are reasonably courteous and friendly, but the rituals are archaic and the rules around issues like the swearing in oath are oppressive and...
    The Daily Blog | 23-10
  • Marae Investigates No More
    TVNZ yesterday announced the closure of their Māori and Pacific programmes department. That means they’ve chosen to stop making Fresh, Tagata Pasifika, Waka Huia and Marae Investigates to let independent producers get their hands on these lucrative contracts. This is...
    The Daily Blog | 23-10
  • BLOGWATCH: An Un-Civil War in Labour, eh?
    Earlier today, my attention was directed to an entry that’s just recently appeared on the Slightly Left of Centre blog. It purports to contain the ‘inside word’ from a highly placed NZF source – which is funny, because I’m pretty sure...
    The Daily Blog | 23-10
  • Santanomics 101
    Santanomics could mean a number of things. It could be the study and practice of giving. Or it could mean the study and practice of rampant end-of-year commercialism. However, for me today it is the economics of erectingAuckland’s giant Santa...
    The Daily Blog | 23-10
  • SkyCity boss misleads public over workers lost shifts
    SkyCity CEO Nigel Morrison has defended the employment practices at his company in an “Opinion” piece entitled “Human Capital key to corporate success” in the NZ Herald on Thursday. A number of his claims are misleading, contain only partial truths...
    The Daily Blog | 23-10
  • Review: Perfect Place
    I went to a Perfect Place on Tuesday night, and what a delight it was. The marshmallows sweetly (and forcefully) handed out pre-show, set the tone for the next hour. Walking up the stairs at The Basement was a complete...
    The Daily Blog | 23-10
  • 5AA Australia – NZ on UN Security Council + Dirty Politics Lingers On
    5AA Australia: Selwyn Manning and Peter Godfrey deliver their weekly bulletin Across The Ditch. General round up of over night talkback issues: Thongs, Jandals and flip-flops… ISSUE 1: New Zealand has been successful in its campaign to become a non...
    The Daily Blog | 22-10
  • When I mean me, I mean my office & when I call whaleoil I mean not as m...
    This. Is. Ludicrous. Green Party co-leader Russel Norman put the first of what are likely to be many questions about Mr Key’s relationship with Slater, asking him how many times he had phoned or texted the blogger since 2008. “None...
    The Daily Blog | 22-10
  • A brief word on describing the Government as ‘boring and bland’
    The narrative being sown is that this Government will be a boring and bland third term. Boring and bland. Since the election, Key has announced he is privatising 30% of state houses without reinvesting any of that money back into housing society’s most...
    The Daily Blog | 22-10
  • More Latté Than Lager: Reflections on Grant Robertson’s Campaign Launch.
    BIKERS? SERIOUSLY! Had Grant Robertson’s campaign launch been organised by Phil Goff? Was this a pitch for the votes of what few Waitakere Men remain in the Labour Party? Was I even at the right place? Well, yes, I was....
    The Daily Blog | 22-10
  • About Curwen Ares Rolinson
    Curwen Ares Rolinson – Curwen Ares Rolinson is a firebrand young nationalist presently engaged in acts of political resistance deep behind enemy lines amidst the leafy boughs of Epsom. He is affiliated with the New Zealand First Party; although his...
    The Daily Blog | 21-10
  • About Kelly Ellis
    Kelly Ellis.Kelly Ellis – As a child, Kelly Ellis didn’t so much fall into the cracks, but willfully wriggled her way into them. Ejected from Onslow College – a big job in the 70s – Kelly worked in car factories,...
    The Daily Blog | 21-10
  • About Kate Davis
    Kate Davis.Kate Davis – Having completed her BA in English and Politics, Kate is now starting her MA. Kate works as a volunteer advocate at Auckland Action Against Poverty and previously worked for the New Zealand Prostitutes Collective. Kate writes...
    The Daily Blog | 21-10
  • Parker does a Shearer – oh for a Labour Leader who can challenge msm fals...
    Sigh. It seems David Parker has done a Shearer… Like a cult and too red – Parker on LabourLabour leadership contender David Parker says Labour borders on feeling like “a cult” and must look at its branding – including its...
    The Daily Blog | 21-10
  • A brief word on the hundreds of millions NZ is spending on the secret intel...
    The enormity of the mass surveillance state NZ Government’s have built carries a huge price tag… Kiwis pay $103m ‘membership fee’ for spyingThe $103 million taxpayer funding of New Zealand’s intelligence agencies is effectively a membership fee for joining the...
    The Daily Blog | 21-10
  • Where. Is. Jason. Ede?
    Where. Is. Jason. Ede?...
    The Daily Blog | 21-10
  • Labour’s Din of Inequity
    Watching Labour’s leadership candidates on Q+A on Sunday, I noticed the ongoing use of terms like “opportunity” and “aspiration”, and “party of the workers”. What do these mean? We glean much from Labour, and from the media about Labour, but not...
    The Daily Blog | 21-10
  • “Blue-Greenwash” fails the test when it comes to endangered dolphins
    National’s pre-election promises saw some wins for the environment – perhaps as the party sought to appease its “Blue-Green” voters and broaden its popular appeal. Some of the ecological gains were a long time in the making, overdue even– such...
    The Daily Blog | 21-10
  • Reasons not to be cheerful, Part #272b
    Why don’t you get back into bed? The next few years — the rest of this century — are not going to be pretty. There is an obvious disconnect between any remaining political ambition to fix climate change and the...
    The Daily Blog | 21-10
  • OIA protocols and official advice ignored to hide Child Poverty
    It might not seem so now, but child poverty was a major election issue. What a pity we did not have the full debate. In that debate it would have been very helpful to have seen the Ministry of Social...
    The Daily Blog | 20-10
  • Previewing the 4 candidates for Leader of the Labour Party
    The extraordinary outbursts by Shearer last week highlights just how toxic that Caucus is. Shearer was on every major media platform as the ABC attack dog tearing into Cunliffe in the hope of diminishing Cunliffe’s support of Little by tearing...
    The Daily Blog | 19-10
  • GUEST BLOG: Kate Davis – the sudden explosion of ‘left’ blogs
    Time to Teach or more people will suffer from P.A.I.D. Political And Intellectual Dysmorphia.I was on the Twitter and a guy followed me so of course I did the polite thing and followed him back. He wrote a blog so...
    The Daily Blog | 19-10
  • Ego vs Eco
    Ego vs Eco...
    The Daily Blog | 19-10
  • We can’t let the Roastbuster case slip away
    Those of us (like me) left with hope that the police would aggressively follow through on the large amount of evidence on offer to them (let’s not forget they forgot they even had some at one point) in the Roastbusters...
    The Daily Blog | 19-10
  • Food, shelter and medicine instead of bombs and bullets
    The on-going conflict across the Middle East – due in large part to the US-led invasions of Afghanistan and Iraq – has created another humanitarian crisis of biblical proportion. The essentials of life are desperately needed in Iraq and Syria...
    The Daily Blog | 19-10
  • The politics of electorate accommodations
    National’s electorate accommodations with ACT and United Future were a big factor in it winning re-election. Interestingly, there is another electorate accommodation scenario whereby the centre-left could have come out on top, even with the same distribution of party votes....
    The Daily Blog | 19-10
  • Why you should join the TPPA Action on 8 November
    On 8 November 2014, thousands of Kiwis will take part in the International Day of Action to protest the Trans-Pacific Partnership Agreement (TPPA). The rally cry for us is TPPA – Corporate Trap, Kiwis Fight Back. Why should you join...
    The Daily Blog | 19-10
  • GUEST BLOG – Patrick O’Dea: no new coal mines
    Green Party and Mana Party policy is “NO NEW COAL MINES!” Auckland Coal Action is trying to put this policy into action on the ground. ACA after a hard fought two year campaign waged alongside local residents and Iwi, in...
    The Daily Blog | 19-10
  • Comparing Police action – Hager raid vs Roast Buster case
    This satire had the NZ Police contact TDB and threaten us with 6months in prison for using their logo.   The plight of Nicky Hager and the draconian Police actions against him has generated over  $53 000 in donations so...
    The Daily Blog | 18-10
  • Malala Yousafzai, White Saviour Complexes and Local Resistance
    Last week, Malala Yousafzai was the co-recipient of the Nobel Peace Prize. Since her exposure to the worldwide spotlight, her spirit, wisdom and strength have touched the hearts of people everywhere. However, there have been cynics who have argued that...
    The Daily Blog | 18-10
  • Jason Ede is back – but no media can interview him?
    Well, well, well. Jason Ede, the main figure connected to John Key’s office and the Dirty Politics black ops is back with a company with deep ties to the National Party. One thing you can say about the right –...
    The Daily Blog | 18-10
  • GUEST BLOG: Curwen Rolinson – Leadership Transitions In Other Parties: A ...
    As cannot have escaped anyone’s attention by now, the country is presently in the grips of an election and campaign that will help determine the fate of the nation for years to come. It’s gripping stuff – with clear divides...
    The Daily Blog | 17-10
  • SkyCity worker says she faces losing her house
    SkyCity worker Carolyn Alpine told the company annual shareholder’s meeting today that she faced the prospect of losing her house because the company had cut her shifts from two a week to one without consultation. The solo mother, has worked...
    The Daily Blog | 17-10
  • Greg O’Connor’s latest push to arm cops & 5 reasons not to
    I was wondering at what point within a 3rd term of National that Police Cheerleader Greg O’Connor would start trying to demand cops be armed. O’Connor must have thought to himself, ‘if bloody Key can get us and the GCSB vast new...
    The Daily Blog | 16-10
  • You can’t have crisis without ISIS
    So the new scary bogeyman ISIS might have chemical weapons that the US secretly found in Iraq, but America didn’t want to expose this find because the WMDs were actually built and made by the US and Europe, the two powers...
    The Daily Blog | 16-10
  • NZ WINS UN SPIN THE BOTTLE! Privately sucking up to America for a decade me...
    Oh, we are loved! Little old NZ, the 53rd state of America after Israel and Australia, gets to sit at the adults table for the special dinner party that is the UN Security Council. How delightful, a decade of privately...
    The Daily Blog | 16-10
  • MEDIA BLOG – Myles Thomas – A World Without Advertising
    Non-commercial broadcasting and media. It’s a solution for all manner of problems ailing our tender nation… voter engagement, unaccountable governance, apathy, stupefaction, public education, science in schools, arts appreciation, cultural cringe… But no-one could’ve guessed that non-commercial media might solve...
    The Daily Blog | 16-10
  • March against war – 2pm Saturday 25th October
    March against war – 2pm Saturday 25th October...
    The Daily Blog | 16-10
  • Whack a mole as US govt foreign policy
    Whack-A-Mole was a popular arcade game from my youth.  It consisted of a waist high cabinet with holes in the top. Plastic moles seemingly randomly pop out of these holes. The purpose of the game was to hit as many...
    The Daily Blog | 16-10
  • In Paean of Debt
    This week is ‘Money Week’. It’s an opportunity to promote to the middle classes, and anyone else who will listen, the virtues of wise ‘investment’. The aims are to promote the mystical (and indeed mythical) virtues of saving for the...
    The Daily Blog | 16-10
  • The last 48 hours – Poverty denial, war denial and unapologetic abuse of ...
    The bewildering speed of events that simply end in Key shrugging and proclaiming he doesn’t really give a shit is coming think and fast as the Government suddenly appreciate the full spectrum dominance they now enjoy. Here is Radio NZ...
    The Daily Blog | 16-10
  • Pike River Families Group Press Release
    The Families can now but hope that Solid Energy will consider closely the response of the Families’ expert mining advisers, Bob Stevenson and Dave Creedy, and the independent legal advice by Hugh Rennie QC as to why re-entry to the...
    Scoop politics | 24-10
  • On The Nation this weekend
    This weekend on The Nation… with dairy prices falling, China growing its agriculture sector, and the environmental costs piling up, we ask the Fonterra chief executive Theo Spierings if New Zealand is too dependent on milk powder and if we’ve...
    Scoop politics | 24-10
  • NZ Government Urged to Do More to Fight Ebola
    As Ebola continues to tear through West Africa, Save the Children NZ is urging the government to do more in the fight against the deadly virus....
    Scoop politics | 24-10
  • Korero Mai Ki Ahau – Saturday 25 & Sunday 26 October 2014
    Broadcast on Waatea 603AM Saturday 12.00 - 12.30pm Sunday 12.00 - 12.30pm Both shows repeated 5.00pm – 6.00pm On Sunday...
    Scoop politics | 24-10
  • Putting whānau foremost in Family Dispute Resolution
    Dispute resolution company, FairWay Resolution, has developed a uniquely New Zealand approach to family dispute resolution (FDR) that is underpinned by the cultural needs and values of the parties to a family dispute. In support of its role as a...
    Scoop politics | 24-10
  • Anglican Family Care staff to rally industrial action rises
    Public Service Association (PSA) members working at Anglican Family Care (AFC) in Dunedin will hold two rallies in Dunedin next week as they seek a fair pay offer, following a week of low-key industrial action....
    Scoop politics | 23-10
  • Flying Visit for Adventuring Kiwi Socialpreneur
    12 Months on, this former Alexandra barista is changing lives in Buenos Aires Slums with free lunches, music, art, drama and toothbrushes...
    Scoop politics | 23-10
  • March in Solidarity with Kurdistan Against ISIS Attacks
    The New Zealand Kurdish Community will march in solidarity with Kurdistan in light of the heinous genocidal attacks in Kobanê by ISIS. We will begin with silent demonstrations then commence marching. We will start from Britomart, Queen Street (outside Dick...
    Scoop politics | 23-10
  • No Problem for Henare & Jones, But “No Way” for Harawira
    “Just before the election I broke the story about the gutting of Maori Television’s News and Current Affairs department by MTS’ new CEO Paora Maxwell. I pointed out that Carol Hirschfeld and Julian Wilcox, two of the country’s most experienced...
    Scoop politics | 23-10
  • Corruption: Positive developments for NZ but more to be done
    Global anti-corruption group Transparency International today released a report on OECD Anti-Bribery Convention enforcement and called for New Zealand to implement draft legislation to ratify the United Nations Convention against Corruption....
    Scoop politics | 23-10
  • Government to Blame as Much as Council for Marryatt Payout
    The Taxpayers' Union is calling on the Government to fix the employment law regime that has forced Christchurch ratepayers to fork out $800,000 to former Council boss Tony Marryatt....
    Scoop politics | 23-10
  • Unanimously Call for Commissioner to Arm Police Full Time
    In the wake of a series of recent armed offender incidents, delegates to the Police Association Annual Conference today called unanimously on the Commissioner to arm Police full time....
    Scoop politics | 23-10
  • Bank gets behind NZ wildlife icon with sizable donation
    It will be easier than ever this summer for holiday-markers to dip into their pockets to support the yellow-eyed penguin....
    Scoop politics | 23-10
  • WorkSafe report raises concerns about asbestos
    The union representing construction workers in the Canterbury rebuild is surprised at WorkSafe’s conclusion that no action needs to be taken against EQC and Fletcher EQR over asbestos exposure in Canterbury homes. “This report was an opportunity...
    Scoop politics | 23-10
  • Union accuses SkyCity CEO of misleading public
    Unite Union has accused SkyCity CEO Nigel Morrison of misleading the public over the cut in hours for a staff member who raised the issue at the company's AGM....
    Scoop politics | 23-10
  • Last Hurrah on the Taxpayer
    Responding to the NZ Herald report that Hone Harawira spent up $54,000 on the taxpayer in his last three months as an MP, Taxpayers’ Union Executive Director Jordan Williams says: “It is absolutely disgraceful that an MP managed to rack...
    Scoop politics | 23-10
  • Press statement in relation to search of Nicky Hager’s home
    On 2 October 2014, Nicky Hager's home in Wellington was searched by police. Mr Hager asserted that documents kept at his house were protected by privilege, including because they contained information that might identify confidential sources....
    Scoop politics | 22-10
  • The Sam Simon arrives into Auckland for new campaign
    This morning Sea Shepherd ship, the Sam Simon, arrived into Auckland harbour after its journey from Melbourne. The ship and its 25 crew from around the globe have come to New Zealand to source supplies and prepare for the upcoming...
    Scoop politics | 22-10
  • Low inflation – time for meaningful wage increases
    With inflation low, now is a good time for workers to negotiate for pay increases that outstrip price rises and deliver real increases in wages and salaries. “For too many people, real pay increases have been missing for several years...
    Scoop politics | 22-10
  • Auckland Rates Rises Out of Control
    Responding to the NZ Herald report that Auckland ratepayers will face an average of a 29 percent rates increase, Taxpayers’ Union Executive Director Jordan Williams says: “These rate rises show that Len Brown's spending is out of control.”...
    Scoop politics | 22-10
  • Protest at New Plymouth Oil and Gas Expo
    About 30 protesters from Climate Justice Taranaki, Frack-free Kapiti, Te Uru Pounamu Action Group, Oil Free Wellington, Frack-free Manawatu and the east coast protested yesterday outside New Plymouth's biennial Oil and Gas Expo at the TSB Stadium....
    Scoop politics | 22-10
  • FMA warns consumers about cold-calling investment offers
    The Financial Markets Authority (FMA) is warning New Zealand consumers and investors to be wary of cold-calls asking them to buy shares or put their money into offshore firms....
    Scoop politics | 22-10
  • Comprehensive plan needed to end child poverty
    Child Poverty Action Group says it is vital the newly re-elected National government takes a planned and comprehensive approach to reducing child poverty in New Zealand....
    Scoop politics | 22-10
  • Metiria Gets Feed the Kids
    Yesterday the Speaker of the House advised that he had accepted my request to transfer my Feed the Kids (Education (Breakfast and Lunch Programmes in Schools) Amendment) Bill to Metiria Turei of the Green Party....
    Scoop politics | 22-10
  • DIA undercover investigation leads to jailing
    An undercover Internal Affairs investigation has led to a Hastings man being jailed for three and half years....
    Scoop politics | 22-10
  • Call on Minister McCully to pursue the case of Balibo Five
    Media Information: Call on Minister McCully to pursue the case of journalist Gary Cunningham and the Balibo Five...
    Scoop politics | 22-10
  • Australia and NZ actions on press freedoms alarming
    Global support for investigative journalism in Australia and New Zealand is a welcome response to law changes and a police raid, says the Pacific Freedom Forum...
    Scoop politics | 22-10
  • Call for release of French journalists in West Papua
    West Papua Action Auckland, the EPMU Print and Media Council and the NZ Media Freedom Network call on the Minister of Foreign Affairs to speak out in support of the two French TV journalists whose trial has just begun in...
    Scoop politics | 21-10
  • Court of Appeal: Dotcom v 20th Century Fox Film Corporation
    A The appeal is dismissed. B The 20 August 2014 order of the High Court dealing with confidentiality and the 29 August 2014 order of this Court dealing with confidentiality are set aside. C The confidentiality orders set out in...
    Scoop politics | 21-10
  • Glassons Blasted For Glamourising Animal Cruelty
    Clothing brand Glassons have found themselves embroiled in another controversy after launching a new advert featuring a girl riding a bull. Animal advocacy organisation SAFE have asked them to remove the ad immediately as it glamourises animal cruelty....
    Scoop politics | 21-10
  • Smuggling honey into New Zealand isn’t sweet
    Smuggling honey into New Zealand isn’t sweet Federated Farmers Bee Industry Group applauds the tough line taken by Ministry for Primary Industries (MPI) Border Staff at Auckland Airport. In deporting the couple found trying to smuggle bee products...
    Scoop politics | 21-10
  • Taxpayers’ Union Responds to Joyce on Corporate Welfare
    Responding to Economic Development Minister Steven Joyce’s defence of corporate welfare , Jim Rose, the author of Monopoly Money , a Taxpayers Union report on corporate welfare since 2008, says:...
    Scoop politics | 21-10
  • Speech from the Throne brings welcome focus on children
    Today’s speech from the Throne confirms the Government’s focus on children, youth and their families in the areas of health, education, youth employment, poverty alleviation and Whānau Ora; now the challenge is to ensure every child in New Zealand...
    Scoop politics | 21-10
  • John’s Job Fairs no fix for unemployment and poverty
    “John Key has clearly been looking to the US for his latest bright idea on dealing with employment issues,” says Auckland Action Against Poverty coordinator Sue Bradford. “Job fairs where the desperately unemployed queue in their corporate best to compete...
    Scoop politics | 21-10
  • Speech From the Throne Foreshadows More Corporate Welfare
    Responding to the Governor General’s Speech from the Throne, which outlined that the Government’s intentions for the next Parliamentary term would include further Business Growth Agenda initiatives, Taxpayers’ Union Executive Director Jordan...
    Scoop politics | 21-10
  • Green MP to speak at panel on Rainbow Mental Health
    Hamilton, New Zealand: Recently re-elected Green Party MP Jan Logie will be a guest speaker at a panel on the mental health of Gay, Lesbian, Bisexual, Trangender, Takataapui and Intersex people taking place on November 1st as part of the...
    Scoop politics | 20-10
  • Evidence Supports GE Moratorium
    Federated Farmers spokesman Graham Smith's call for a 'rethink' on release of GeneticallyEngineered organisms is misguided, and instead it is time for a formal moratorium on GMOs in the environment.(1)...
    Scoop politics | 20-10
  • Chatham Rise mining could have impact on whales and dolphins
    Wellington, 21 October 2014--Mining phosphate on the Chatham Rise, off the east coast of New Zealand’s south island, could potentially have many impacts on marine mammals like whales and dolphins, the Environmental Protection Agency was told today....
    Scoop politics | 20-10
  • Council endorses Nanaia Mahuta as the next Labour leader
    Te Kaunihera Māori, the Māori Council of the New Zealand Labour Party, have passed a resolution to endorse the Hon Nanaia Mahuta as the next leader of the Labour Party...
    Scoop politics | 20-10
  • Kaumatua to organise petition to end Maori seats
    Ngapuhi kaumatua David Rankin has announced that he will be organising a nationwide petition to seek support from Maori voters to end the Maori seats. “These seats are patronising”, he says. “They imply we need a special status, and that...
    Scoop politics | 20-10
  • Announcing a New Voice for The Left
    Josh Forman is pleased to announce the creation of a new force on the Left of politics in New Zealand....
    Scoop politics | 20-10
  • Public services held back by poor workplace culture
    A new report by Victoria University’s Centre for Labour, Employment and Work shows that public servants are working significant unpaid overtime to ensure the public services New Zealanders value are able to continue....
    Scoop politics | 20-10
  • iPredict New Zealand Weekly Economic & Political Update
    Andrew Little’s probability of being the next leader of the Labour Party has reached 70% and Jacinda Ardern is favourite to become his deputy, according to the combined wisdom of the 8000+ registered traders on New Zealand’s predictions market, iPredict....
    Scoop politics | 20-10
  • Prison Drug Treatment Unit marks a milestone
    Christchurch Men’s Prison’s Drug Treatment Unit (DTU) celebrated the completion of its 50th six month Drug and Alcohol Programme today, with the graduation of a further twelve offenders....
    Scoop politics | 20-10
  • Security Council seat a chance for NZ to empower women
    The UN Women National Committee Aotearoa New Zealand (UN Women NCANZ) welcomes New Zealand winning a seat on the United Nations Security Council and is calling on New Zealand to use its position to proactively promote effective implementation of the...
    Scoop politics | 20-10
  • Waipareira and ACC sign Partnership
    Waipareira and The Accident Compensation Corporation (ACC) have signed a Memorandum of Understanding at Whanau Centre, Henderson – marking a special day for the West Auckland Urban Maori organisation....
    Scoop politics | 20-10
  • Humanitarian aid desperately needed in Iraq and Syria
    Global Peace and Justice Auckland is calling on the government to provide humanitarian funding for non-aligned NGOs (non-governmental organisations) in the Middle East rather than give any support whatever for the US-led military campaign in the area....
    Scoop politics | 19-10
  • Court Judicial Decision: Dotcom v The USA: 17 October 2014
    The United States of America is seeking the extradition of Messrs Dotcom, Batato, Ortmann and Van Der Kolk. The matter has been before the Courts on numerous occasions, and no further recitation of the facts is needed....
    Scoop politics | 19-10
  • Marshall Island poet speaks at UN climate summit
    “The fossil fuel industry is the biggest threat to our very existence as Pacific Islanders. We stand to lose our homes, our communities and our culture. But we are fighting back. This coming Friday thirty Pacific Climate Warriors, joined by...
    Scoop politics | 19-10
  • Many tourist car accidents preventable
    Simple steps could dramatically reduce the number of accidents involving tourists, says the car review website dogandlemon.com ....
    Scoop politics | 19-10
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