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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 | 14-08
  • Dear John, time to answer a few questions… – Harawira
    “When Cameron Slater says about Kim Dotcom ‘I have lots on him…death by a thousand cuts…wait till you see what comes out in coming weeks on that fat c***t’, you have to ask whether this is the same Cameron Slater...
    Mana | 14-08
  • MANA CANDIDATE FOR IKAROA RAWHITI OPENS UP ABOUT SUICIDE
    “This week suicide has claimed yet more lives in whanau and communities in Ikaroa Rawhiti, and my heart goes out to those who are dealing with such a tragic loss”, says MANA candidate for Te Ikaroa Rawhiti, Te Hamua Nikora....
    Mana | 14-08
  • Offshore betting in Labour’s sights
    A Labour Government will clamp down on offshore gambling websites that deprive the local racing industry of funds, Labour’s Racing spokesperson Ross Robertson says. Releasing Labour’s racing policy today, he said betting on offshore websites is a major threat to...
    Labour | 14-08
  • Key has serious questions to answer on Dirty Politics
    John Key must answer the serious questions raised in Nicky Hager’s new book which reveal examples of dirty politics that New Zealanders will be deeply concerned about, Labour MP Grant Robertson says. “Many people will be disturbed by the evidence...
    Labour | 14-08
  • Creating an inclusive society for disabled people
    A Labour Government will provide free annual health checks for people with an intellectual disability, Labour’s Disability Issues spokesperson Ruth Dyson said today in announcing Labour’s Disability Issues policy. “We will also employ another 100 additional special education teachers and...
    Labour | 14-08
  • Media Advisory – MANA name change
    This is to advise all media that on the 24th of July the ‘Mana’ party name was officially changed to ‘MANA Movement’ under the Electoral Act 1993.  The inclusion of the word ‘Movement’ in our name shouldn’t come as a surprise...
    Mana | 13-08
  • New Zealand must help in the growing Iraq crisis
    The humanitarian crisis in Iraq looks certain to get worse before it gets better,” said David Shearer Labour’s Foreign Affairs spokesperson. “New Zealand should urgently pledge increased humanitarian assistance to United Nations agencies and NGOs present on the ground....
    Labour | 13-08
  • Allegations of migrant worker rort should be investigated
    Labour is calling for an investigation into the alleged exploitation of workers at Hutt Railway workshops, hired to repair asbestos-riddled DL locomotives. Hutt South Labour MP Trevor Mallard has written to the Ministry of Business, Innovation and Employment asking that...
    Labour | 13-08
  • Medical and dentistry students get reprieve under Labour
    A Labour Government will restore the right of medical and dentistry students to get student loans after seven years of study because it is the right thing to do, Labour’s Tertiary Education spokesperson Maryan Street says. “Hard on the heels...
    Labour | 13-08
  • National must stop meddling with ACC before the election
    The redesign currently occurring at the Accident Claims Corporation (ACC) for sensitive claims needs to be put on hold immediately, said the Green Party today.The Green Party is concerned about work currently underway at ACC involving the sensitive claims service...
    Greens | 13-08
  • Markets slow but first home buyers still hurting
    First home buyers are hurting more than ever as the supply of affordable houses in the market dries up, Labour’s Housing spokesperson Phil Twyford says. “The Reserve Bank will be happy LVR minimum deposits and rising interest rates have dampened...
    Labour | 13-08
  • Green Party celebrates MOU win on contaminated sites
    The Green Party is celebrating the announcement of a national register of contaminated sites today, and $2.5 million to start cleaning two sites up. The Green Party and the National Party agreed to include toxic site management work in their...
    Greens | 13-08
  • Emergency staff at breaking point
    The Southern DHB is so cash-strapped it is failing to fill nursing rosters, Labour’s Associate Health spokesperson David Clark says.  “Every day emergency department nurses arrive at work knowing they are likely to be carrying more than their recommended workload. ...
    Labour | 12-08
  • ACC minister fails in mission to change culture
    The latest damning report by the Auditor General shows that the ACC Minister has failed to fulfil her mission to fix the sick culture at ACC and real change will not come till a new Government is elected, the Green...
    Greens | 12-08
  • Labour’s regional development fund to support Palmerston North
    Labour will consider a proposal to develop an inland port at Palmerston North, Labour Leader David Cunliffe says. “The Palmerston North community has developed plans for an inland port which will bring jobs and economic growth to a region which...
    Labour | 12-08
  • Green Party announces priorities for Christchurch
    The Green Party has today announced its plan for a fairer, smarter and more democratic Canterbury rebuild, with a focus on smart transport solutions, restoring local democracy, and keeping Christchurch's assets.The plan sits across all of the Green Party's priorities...
    Greens | 11-08
  • Rock-star economy unplugged by China log jam
    The collapse of log prices due to oversupply in China threatens to wash the gloss off what remains of National's so-called rock-star economy, says Labour Leader David Cunliffe. “Already this year the price of milk solids has plunged by more...
    Labour | 11-08
  • Young job seekers dealt a poor hand
    National's "keep 'em poor" card for young people on a benefit is a sorry substitute for job training, Labour’s Social Development spokesperson Sue Moroney says.  The Government today announced it would extend its payment card scheme to all teen parents...
    Labour | 11-08
  • Labour – achieving change for Kiwi women
    Working towards being a world leader in eliminating violence against women and children will be a priority for a Labour Government. Releasing Labour’s Women’s Affairs policy today spokesperson Carol Beaumont said while Labour had a proud track record of achieving...
    Labour | 11-08
  • Accessible healthcare also affordable
      It is obvious from Tony Ryall’s hasty attack of Labour’s plans to extend free GP visits to older people that he hasn’t bothered to actually read the policy, Labour’s Health spokesperson Annette King says. "Mr Ryall’s response to Labour’s...
    Labour | 11-08
  • Full details of oil execs’ junket revealed
    Full details of a $237,000 taxpayer-funded oil executives' junket in 2011 have emerged.National paid the nearly quarter of a million dollars to wine and dine 11 oil executives in New Zealand during the World Cup.The trip included yachting, wine tasting,...
    Greens | 10-08
  • Nats sold 500 rugby fields of land a day offshore
    Under National over one million hectares of land has been approved for overseas sale – 16 times the size of Lake Taupō or the equivalent of five hundred rugby fields a day, Labour’s Finance spokesperson David Parker says. “According to...
    Labour | 10-08
  • Joyce’s dodgy sums fool no-one
    Steven Joyce's attempt to attack Labour's positive plan for affordable healthcare will fool no-one. "We knew that National would try to say that we can't afford free GP visits and prescriptions for the New Zealanders who need it. But, as...
    Labour | 10-08
  • Campaign Launch – Ready to Win
    Today I launched Labour's election campaign at the Viaduct Events Centre, Auckland. Here is the speech I gave....
    Labour | 10-08
  • Labour extends free GP visits, free prescriptions
    Nearly 40 per cent of Kiwis – or 1.7 million people – will be eligible for free doctors’ visits and free prescriptions under a Labour Government, Labour Leader David Cunliffe says. “Last year more than half a million New Zealanders...
    Labour | 10-08
  • Labour promises a fairer ACC for all Kiwis
    Accident compensation for loss of potential earnings will rise under a Labour Government, while people not earning at the time of their accident will also be eligible for compensation, Labour’s ACC spokesperson Iain Lees-Galloway says. Releasing Labour’s ACC policy today...
    Labour | 08-08
  • NZ Govt must push for fair play in Fiji elections
    The New Zealand Government needs to do more to push for human rights and media freedom in Fiji as it stages its first election since the 2006 coup, the Green Party said today.Amnesty International has released a report which documents...
    Greens | 07-08
  • Pacific unemployment still highest in the country
    The Minister of Pacific Island Affairs can boast all he wants about changes to employment statistics for Pacific people but the reality for many Pacific people is nowhere close to National’s promised brighter future, Labour’s Pacific Affairs spokesperson Su’a William...
    Labour | 07-08
  • Big funding injection for regions in Green Party transport plan
    The Green Party will increase transport spending in the regions by 50 percent over the next decade under its new transport plan, the Green Party said today."Transport is the life-blood of the regions. They have been starved under National," Green...
    Greens | 07-08
  • who to vote for in Epsom
    who to vote for in Epsom...
    The Daily Blog | 20-08
  • The Rise and Fall of John Key – who will be the next leader of National P...
    . . It was all set to go: Teamkey would be the cult of personality that would do Stalin, Mao, Reagan, Thatcher, or any of the Nth Korean Kim Dynasty, proud.  National and it’s “Teamkey” propaganda strategy   would cash-in Big Time...
    The Daily Blog | 20-08
  • Who said Kiwis couldn’t get a fire in their bellies over an arcane intern...
    An amazing team of activists has taken the campaign on the Trans-Pacific Partnership Agreement (TPPA) to local governments throughout the country. Their latest triumph came last Monday when the Dunedin City Council endorsed a resolution expressing concern about the TPPA...
    The Daily Blog | 20-08
  • National’s Dangerous Education Agenda Exposed
    Putting aside the dirty politics coming out of the Beehive and the right-wing blogisphere, there are some very strong signals that another term of a National Government would do even more serious damage to the public education system. The Education...
    The Daily Blog | 20-08
  • We can have clean politics and get our democracy back.
    Something is rotten in our politics and it stinks. Dirty politics has sadly become one of the defining features of this election campaign. In the light of recent revelations about the extent of nasty and disingenuous political strategies, it would...
    The Daily Blog | 20-08
  • Book burning copies of Hager’s book? The next generation of National Part...
    It seems we are getting the next generation of National Party Dirty Politics now. There are claims the Young Nats in Hamilton are buying up copies of Dirty Politics and burning them. One witness was contacted by the Waikato Times...
    The Daily Blog | 20-08
  • National Party Poetry Day Haiku
    Key’s inbox and Cam’s poison most foul, there he blows hoist by own harpoon...
    The Daily Blog | 20-08
  • Why Cunliffe will be the next PM
    David Cunliffe will be the next Prime Minister of NZ. Labour’s inclusive and positive TV adverts… …are in stark contrast to National’s team of white people powering away from the rabble of the ‘others’… …the messaging is vital and crucial...
    The Daily Blog | 20-08
  • From smiling assassin to grumpy butcher – on giving Judith Collins a last...
    After #dirtypolitics Key isn’t the smiling assassin, he is the grumpy butcher. When he said Judith had  a ‘last chance’ he meant 1 second after voting closes on 20th September. Key would love nothing more than to cut Collins loose and end...
    The Daily Blog | 20-08
  • If the National Party rowing advert was real….
    If the National Party rowing advert was real there would be more blood in the water. If the National Party rowing advert was real it would be Cameron Slater calling the strokes. If the national Party rowing advert was real,...
    The Daily Blog | 20-08
  • Cameron Slater: Zionist and political pundit
    It is hard to know where to start with right-wing blogger Cameron Slater (Whale Oil), especially after the release of Nicky Hager’s book Dirty Politics. This confirmed everything many of us thought Slater to be: a snivelling pundit who serves...
    The Daily Blog | 19-08
  • Bryce Edwards stood down from Herald for election season??? Are the editors...
    I only found this out via twitter last night and I am still in shock. Bryce Edwards, easily the best critical thinker and news analyst the NZ Herald has has been stood down by the NZ Herald ‘for the election...
    The Daily Blog | 19-08
  • So who’s a “conspiracy theorist” now?!
    . . As the media storm over Nicky Hager’s book, “Dirty Politics“,  and allegations over smear campaigns continue to swirl,  National’s spin doctors have given Key, Collins, and other National Party ministers a string of  phrases to use in all...
    The Daily Blog | 19-08
  • Momentum shift
    When you are deeply immersed in a local campaign sometimes it can be difficult to see the helicopter view.   I don’t know how accurate the political polls are and have always known that things can change quickly in politics...
    The Daily Blog | 19-08
  • Dear Toby Manhire. Bad call on backing Farrar
    Oh dear. I say this as someone who regards Toby Manhire as one of the smartest journalists/commentators/columnists this country has, and I think Toby has made a terribly dumb call here. Let’s see if Toby is still singing Farrar’s praises...
    The Daily Blog | 19-08
  • Radio NZ apologise to me for getting it wrong
    Radio NZ have contacted me, reviewed the claim by their host that I had an advance copy of Nicky Hager’s book and they have concluded they got it wrong, they have called me and apologised and will make a statement...
    The Daily Blog | 19-08
  • GUEST BLOG: Reclaim UoA – Students’ Message to Steven Joyce
    Tertiary Education – we’ve been sold a lemon  A group of 30 students attended an event on Tuesday evening about ‘the future of tertiary education’ at which the Minister of Tertiary Education Steven Joyce was slated to speak. As Joyce...
    The Daily Blog | 19-08
  • Can someone in the media please ask the PM of NZ to categorically deny any ...
    Now we see the MO of Slater & Co, the setting up, the digging for dirt, the use of staff to dig that dirt, can the Prime Minister of NZ categorically deny any National Party staff worked with Cam Slater...
    The Daily Blog | 19-08
  • Panic setting in for National as they realise what’s about to happen
    And the terror starts to set in. I’ve never seen blind panic like this before  and it’s spreading as the enormity of what’s about to happen starts to sink in. Hager’s book is a mere entree, Nicky’s personal ethics wouldn’t...
    The Daily Blog | 19-08
  • Hager’s Dirty Politics: what the book ultimately reveals is abuse of powe...
    Guide to the many faces of John Key Nicky’s book is now doing what I suspected it would do, create a shockwave of revulsion. Andrew Geddis over at Pundit Blog sums up this attitude best, and it’s reverberations build with every...
    The Daily Blog | 18-08
  • Fancy taking children seriously
    Let’s see why all political parties should pay close attention to the Green Party’s policy for children. First, it is a comprehensive attempt to put children, not ideology, at the heart of family policy. Wow, children at the heart of...
    The Daily Blog | 18-08
  • Amnesty International: Dear Azerbaijan, Stop Torture, Love Kiwi Kids
    This is a world where many adults often underestimate Generation Y. Being only a few years out of being a teenager myself, I feel I can make this statement with certainty. However, I have been the Youth Intern at Amnesty...
    The Daily Blog | 18-08
  • GCSB meetings today in Christchurch 1pm at Uni 7pm at Cathedral
    The 2014 GCSB meetings to discuss the mass surveillance state legislation passed by this Government will be debated in Christchurch today at two different meetings. 1pm at Canterbury University bottom floor James Height Building: Chair: Bomber Bradbury Ruth Dyson – Labour Party...
    The Daily Blog | 18-08
  • Things that 7 Sharp should probably be talking about
    Things that 7 Sharp should probably be talking about...
    The Daily Blog | 18-08
  • Guide to when Key is lying
    Guide to when Key is lying...
    The Daily Blog | 18-08
  • GUEST BLOG: Kate Davis – The State of the Student Nation …or is just Al...
    Students politics are dead and our student media is in terminal decline. The most disappointing thing about university is the politics, or should I say lack of? I was raised with the idea that students held the power.They were the...
    The Daily Blog | 18-08
  • Love Lifts Us Up: Thoughts from the Green Party’s campaign launch.
    Author Eleanor Catton wants people to give their party vote to the Greens.Photo by Peter Meecham NO ONE WAS QUITE SURE how he did it. Somehow Bob Harvey had persuaded the owners of the rights to Joe Cocker’s Up Where...
    The Daily Blog | 18-08
  • Test Stream
    width="600" height="400"> archive="http://theora.org/cortado.jar [3]" width="600" height="401">...
    The Daily Blog | 18-08
  • LIVE STREAM: You, Me and the GCSB ChCh Public Meetings
    LIVE STREAM EVENT here at 1pm & 7pm: The 2014 GCSB meetings to discuss the mass surveillance state legislation passed by this Government will be debated in Christchurch today at two different meetings. PLEASE NOTE: TDB recommends Chrome and Firefox...
    The Daily Blog | 18-08
  • Jeremy Wells’ Mike Hosking rant on Radio Hauraki: Today,
    Jeremy Wells’ Mike Hosking on Radio Hauraki...
    The Daily Blog | 18-08
  • How @whaledump might destroy the popular vote for National
    Dirty Politics is now creating a meltdown and National are in danger of a total vote collapse. The real threat to for National was if Nicky had all the emails released via the anonymous hacker who took them. That danger is now a...
    The Daily Blog | 18-08
  • Open letter to Radio NZ – you need to make a retraction now
    I have just sent this off to Radio NZ right now Dear Radio NZ Firstly, what a great interview by Guyon Espiner this morning with the Prime Minister. Great to see such hard hitting journalism. Unfortunately I am not contacting...
    The Daily Blog | 17-08
  • Radio NZ are lying about me
    I am getting this all second hand at the moment as I don’t bother listening to Radio NZ (except for that wonderful Wallace Chapman in the weekends) but there is a claim that Suzie Ferguson just insinuated on Radio NZ...
    The Daily Blog | 17-08
  • Farrar’s fake claim of being invaded + Slater’s claims of death threats...
    The counter spin to avoid focus on the series allegations made in Nicky Hager’s Dirty Politics continues. David Farrar’s ridiculous hysterics that he was invaded and his privacy has been blah blah blah has all been reduced from computer hacking to...
    The Daily Blog | 17-08
  • A shout out to the unsung heroes – our Public Service staff
    Government departments, particularly in the social welfare, education and health areas get a lot of shtick. And it’s not unjustified. We have problems in the way that our government departments treat those in need. And I do not intend to...
    The Daily Blog | 17-08
  • Key’s ducking for cover – utterly unbelievable!!!
    .   . I don’t often re-print media stories verbatim – but this piece by Andrea Vance, for Fairfax Media,  deserves wider circulation. Please note the highlighted statements by Dear Leader as he ducks, weaves, obfuscates, and deflects any and...
    The Daily Blog | 17-08
  • Hager’s Dirty Politics – Who is the source of Hager’s emails?
    Who is the source of Hager’s emails? Kim Dotcom has categorically denied he has anything to do with this and Nicky Hager has categorically denied that Kim was the source of the emails. Whatever you think about Kim (and he...
    The Daily Blog | 17-08
  • Dirty Politics – Audio+Text Why It Is Essential Raw Data Be Released Imme...
    MIL OSI – Source: RadioLive – Sunday Panel Analysis Headline: Dirty Politics – Audio Analysis by Selwyn Manning + Rodney Hide + Mark Sainsbury MIL Video: Selwyn Manning, Rodney Hide, and Mark Sainsbury discuss and debate the explosive details revealed...
    The Daily Blog | 17-08
  • TV One and TV3 Political Polls – not such a landslide now
    Before the impact of Dirty Politics has been felt, the National Party high point in the Polls had been reached and their inevitable  drop begins. Despite the mainstream media telling NZers for almost 3 years that John Key would win...
    The Daily Blog | 17-08
  • Hager’s Dirty Politics – You will not believe Key’s defence of hackin...
    He actually used a sporting analogy. Can you believe it? John Key, asked on the fact that his staff had entered into a Labour Party computer and downloaded their database, Key replied, “It’s a bit like the Wallabies positing up their...
    The Daily Blog | 17-08
  • A brief word on 100 Top political Tweeters
    The NZ Herald has put together a very useful list of top 100 political twtter accounts, what is most interesting from the lists is that the right wing all work hand in glove with each other where as the Left...
    The Daily Blog | 16-08
  • Are Whaleoil’s traffic stats a bloated illusion?
    Dim Post has done a critical analysis of just how real Cameron Slater’s traffic stats are. TDB has only been around for a year with a fragment of the digital footprint of the older blogs, yet we have managed to become...
    The Daily Blog | 16-08
  • Hager’s Dirty Politics – Is Jordan Williams deceptive enough to blackma...
    There are so many issues raised by Nicky Hager’s book, that any one of them would be worthy of total focus on. Let’s chat about the claim in the book that Jordan Williams bragged to Slater and Lusk that he had...
    The Daily Blog | 16-08
  • Hager’s Dirty Politics – Why ‘see no evil, hear no evil, speak no evi...
    This sign shows how National’s see no evil, hear no evil, speak no evil denial isn’t working. National’s response to the book is that there is NOTHING in there that deserves anything more than the most briefest of eye motions. Key won’t...
    The Daily Blog | 16-08
  • “Dirty Politics” and The Teflon Man
    . L-R- David Farrar, John Key, Cameron Slater . The release of Nicky Hager’s book, “Dirty Secrets” has unleashed more of a political firestorm than many had anticipated. (Or, perhaps some did.) The glare of publicity has been shone like...
    The Daily Blog | 16-08
  • GUEST BLOG: Lyndelle Gibara – An Open Letter to Cameron Slater
    Dear Cameron,I am in Christchurch. I am not a ‘useless prick’. I have not asked to be ‘bailed out’ nor have my ‘scum friends’ in the eastern suburbs. I lost my cafe in September, the quakes wrecked my shop that...
    The Daily Blog | 16-08
  • Hager’s Dirty Politics – Death threats or hit jobs?
    Shocked selfies while reading Dirty Politics are flooding Twitter - verily the vermin value their villainous vanity*    The beauty of Hager’s book is that there are so many horrific awful and insidious highlights, it’s difficult to know what to focus...
    The Daily Blog | 16-08
  • Hager’s Dirty Politics – Labour release emails proving Key has lied
    Labour have released emails proving Key has lied about National Party involvement into the hacking of the Labour Party computer… The Labour Party has released documents it says proves its website was hacked by people working for the National Party....
    The Daily Blog | 16-08
  • Hager’s Dirty Politics – the TV political panels are ridiculous
    The total lack of depth and shallow talent pool of TV political panel shows in NZ is providing hideous coverage and insight into one of the most important political stories of the year. Yesterday Firstline had Jacinda Ardern and Jamie...
    The Daily Blog | 15-08
  • Hager’s Dirty Politics – response to Canon NZ
    Poor old Canon NZ. They have been so damaged by appointing Cam’s mate as a judge and her awarding him their Best Blogger Award. I feel for them, I really do. They are amazing supporters of Journalism in NZ when...
    The Daily Blog | 15-08
  • New shark finning laws fall short for threatened species
    Environmental groups are welcoming some aspects of a raft of law changes announced today in relation to shark finning, but say that overall the chance for New Zealand to catch up with international efforts in shark conservation is being missed....
    Scoop politics | 20-08
  • Promoting Labour’s Positive Policies
    General Secretary of the New Zealand Labour Party, Tim Barnett, today launched Labour’s television advertisements for the 2014 election. The advertisements help tell Labour’s positive story for a better New Zealand....
    Scoop politics | 20-08
  • Drug Court: Rare Insight into New Alternative Justice Model
    Māori Television’s latest New Zealand documentary presents a fascinating look inside a new alternative justice model – through the stories of convicted criminals....
    Scoop politics | 20-08
  • Political parties pledge to increase overseas aid
    A survey of political parties looking at how much New Zealand should spend on Official Development Assistance (ODA) shows the overwhelming majority of parties are committed to raising the bar according to the Council for International Development (CID)....
    Scoop politics | 20-08
  • Top Kiwis backing Tip the Scales campaign
    Sir Graham Henry, former All Black Kees Meeuws, singer-song writer Jamie McDell and fishing guru Matt Watson have pledged their support to Tip the Scales, a pre-election campaign generating public support for rebuilding New Zealand’s depleted inshore...
    Scoop politics | 20-08
  • Maritime Union continues to press over dirty politics
    Maritime Union National President Garry Parsloe says Ports of Auckland management is trying to get off the hook from its involvement with extreme right wing bloggers during the Ports of Auckland dispute....
    Scoop politics | 20-08
  • No end in sight to overwhelming human cost of conflict
    Two ceasefires have brought some respite to civilians in Gaza and southern Israel, amid hope that a durable cessation of hostilities might occur. In Gaza, these breaks in the fighting have barely given people enough time to seek medical care,...
    Scoop politics | 20-08
  • Young Kiwi speakers to represent NZ at Gallipoli 2015
    The RSA is delighted at the announcement made by Veterans' Affairs Minister Michael Woodhouse today, that all eight regional finalists of the 2015 ANZ RSA Cyril Bassett VC Speech Competition will be included in a group of 25 Youth Ambassadors...
    Scoop politics | 20-08
  • “Bromance” Marriage Stunt Insulting Says LegaliseLove
    A promotional competition asking two best mates to get married in order to win an all-expenses-paid trip to the 2015 Rugby World Cup is insulting, marriage equality campaign LegaliseLove Aotearoa claims....
    Scoop politics | 20-08
  • Cannabis Party first to register for 2014 General Election
    The Aotearoa Legalise Cannabis Party became the first party to register for the 2014 General Election today, when it meet with the Electoral Commission in Wellington at Midday....
    Scoop politics | 20-08
  • PGA: Addresses NZ’s ratification of Arms Trade Treaty
    President of Parliamentarians for Global Action and New Zealand MP Ross Robertson today addressed a celebration to mark New Zealand’s imminent ratification of the Arms Trade Treaty (ATT), which is expected within the next few weeks....
    Scoop politics | 20-08
  • Roy Morgan Poll August 20
    National (48%) holds its lead over Labour/ Greens (39%) as ‘Dirty Politics’ revelations provide a new challenge for PM John Key’s leadership. NZ First surge to 6.5% - highest support since September 2013....
    Scoop politics | 20-08
  • IGIS inquiry into release of NZSIS information
    The Inspector-General of Intelligence and Security (IGIS), Cheryl Gwyn, announced today that she would be instituting an inquiry concerning allegations that the New Zealand Security Intelligence Service (NZSIS) might have released official information...
    Scoop politics | 20-08
  • Glen Scanlon to Head Digital Media at Radio New Zealand
    Radio New Zealand has announced the appointment of Glen Scanlon to the recently created position of head of digital media....
    Scoop politics | 20-08
  • Israel’s Gaza ceasefire violations go unreported
    It seems that it is only ceasefire violations that emanate from the Palestinian side that ever get publicised....
    Scoop politics | 20-08
  • Drug courier sentenced for importing heroin
    South African drug courier, Laura Elizabeth Cilliers, was sentenced today in the Christchurch District Court to 7 years and 10 months in prison for importing approximately 1.2 kilograms of heroin....
    Scoop politics | 20-08
  • Residential Property Speculators Days Numbered
    Rent heat cools as homes are replaced ... Liz McDonald ... The Press http://www.stuff.co.nz/the-press/business/your-property/10400851/Rent-heat-cools-as-homes-are-replaced Comment on thread (in moderation) … Christchurch is a “severely unaffordable” City as the Annual Demographia Survey ( www.demographia.com ) illustrates … thanks...
    Scoop politics | 20-08
  • Academic’s study shows need for a Ministry of Public Input
    A book by Associate Professor Jennifer Lees-Marshment recommends the creation of a Ministry of Public Input to collect, process and communicate the publics’ ideas to government. The University of Auckland’s political marketing expert says the...
    Scoop politics | 20-08
  • Government inaction killing innocent motorists
    Innocent people are dying due to long delays in installing centre lane barriers on high risk roads, says an outspoken road safety campaigner....
    Scoop politics | 19-08
  • Property revaluations for council rates must be reformed
    Opportunity to bring controls on rating value changes and more equitable level of annual rates increase...
    Scoop politics | 19-08
  • Ron Mark Sets the Example
    The Taxpayers’ Union is welcoming the pledge by Mayor of Carterton and NZ First candidate Ron Mark who has announced he would relinquish his roles as Mayor and member of two District Health Boards if successfully elected to Parliament. Taxpayers’...
    Scoop politics | 19-08
  • Ban 1080 Candidates announced for 2014 General Election
    MEDIA RELEASE: Angry rural communities want issue of 1080 aerial drops taken to the polls, says party co-leader Ban 1080 Candidates announced for 2014 General Election...
    Scoop politics | 19-08
  • Governor General Gives Direction to Conduct Election
    The Governor General, Lt Gen The Rt Hon Sir Jerry Mateparae, has given the green light for this year’s General Election....
    Scoop politics | 19-08
  • New Zealand Animal Groups Unite to Help
    WELLINGTON (19 Aug 2014) – The Be Cruelty-Free campaign to ban animal testing of cosmetics in New Zealand just got bigger and stronger, as two leading animal protection groups come on board. Joining forces with Humane Society International which has...
    Scoop politics | 19-08
  • Students Interrupt Steven Joyce at University Event
    A group of 30 students this evening interrupted an event about ‘the future of tertiary education’ at which Tertiary Education Minister Steven Joyce was slated to speak. As Joyce began to speak, students interrupted with a speech of their own....
    Scoop politics | 19-08
  • Caritas among first responders offering relief in Iraq
    As the plight of Iraqis fleeing persecution reaches tragic levels, Caritas Aotearoa New Zealand has pledged an initial $10,000 to support the work of Caritas in Iraq to provide humanitarian aid to thousands of families affected by the war and...
    Scoop politics | 19-08
  • iPredict 2014 Election Update #31: Nats take hit
    Election race narrows significantly · National party vote now below Labour/Greens · National’s probability of leading next government dips to 72% · Joyce expected to take over as National leader before end of 2015, as Collins’ prospects fall...
    Scoop politics | 19-08
  • Call for applications – Fulbright scholar awards
    Fulbright New Zealand calls for applications to a range of scholar awards for New Zealand academics, artists and professionals to undertake academic and cultural exchanges to the United States of America. A Fulbright exchange provides life-changing opportunities...
    Scoop politics | 19-08
  • CWS launches appeal for Iraqis on World Humanitarian Day
    Christian World Service is appealing for help for tens of thousands of Iraqis caught up in one of the world’s horrifying conflicts....
    Scoop politics | 19-08
  • Promoting the Voice of the Rangatahi
    Young Māori voters are seen by the Māori Party to have a vital part to play in saving the Māori seats in Parliament says the Māori Party’s youngest candidate, Reverend Te Hira Paenga. “What we’re hearing on the ground is...
    Scoop politics | 19-08
  • Nelson Election Candidates’ Community Forum
    Nelson’s community and volunteer sector has some serious questions to put to the local candidates in the run up to next month’s general election....
    Scoop politics | 19-08
  • Research NZ Budget Observer – Still On Track For Surplus
    New Zealand's Treasury today released their pre-election budget update, ahead of the 20 September vote. The government still expects to get back to surplus in 2014/15, albeit a slightly smaller surplus than expected in May. The growth forecasts were...
    Scoop politics | 19-08
  • Nicky Hager’s first public comment on police investigation
    A complaint has been laid with police by Cameron Slater over the hacking of his computer and 'theft' of emails to supply to Nicky Hager for his explosive book Dirty Politics . We give Nicky Hager the first chance to...
    Scoop politics | 19-08
  • Disabled Person’s Organisations report sent to UN
    A report written by Disabled Person’s Organisations (DPOs) representing the voice of disabled New Zealanders has been released and sent to the United Nations today....
    Scoop politics | 19-08
  • Fuel and electricity price gouging hits regions hardest
    Mere Takoko - New Zealand First East Coast Candidate For Immediate Release - Tuesday, 19 August, 2014...
    Scoop politics | 19-08
  • Government “opening of the books” shows wasted opportunity
    “The economic and fiscal forecasts in the pre-election update – the ‘opening of the government’s books’ – shows how the Government has failed to grasp the opportunity of the Global Financial Crisis to rebalance the economy,” says CTU...
    Scoop politics | 19-08
  • Kiwis take up the challenge to end extreme poverty
    High profile New Zealanders have been invited to participate in Live Below the Line (LBTL). Part of a global initiative, LBTL challenges Kiwis to raise awareness of extreme poverty and to live on a daily food budget of $2.25 for...
    Scoop politics | 19-08
  • NZ Independent Coalition announces strong list
    NZ Independent Coalition Secretary Helen Anderson announced the party’s candidates for the 2014 election today - 10 candidates total, with four also standing in electorates....
    Scoop politics | 19-08
  • National Chooses to Campaign on High Tax, High Spend Policy
    The Taxpayers’ Union is slamming Bill English’s indication that the National Party will not offer voters any indication of tax cuts before next month's general election. Speaking to journalists and analysts in the Pre-election Economic and Fiscal...
    Scoop politics | 19-08
  • SSC survey shows way forward for better public services
    The Public Service Association (PSA) has welcomed the release of the State Services Commission’s (SSC) Integrity and Conduct Survey 2013 , which it says indicates what needs to be done to strengthen the public services that New Zealanders use and...
    Scoop politics | 19-08
  • Talent pipeline is the key to correcting gender balance
    Building a talent pipeline that fosters talented young women from early on in their careers is the key to gender balance at the most senior levels, according to EEO Trust Chief Executive Bev Cassidy-Mackenzie....
    Scoop politics | 19-08
  • A-Team of Election Data Analysis For Election 2014
    NZ's leading independent online news source Scoop.co.nz has teamed up with data heavyweights Roy Morgan Research and Spark Venture's brand-new big-data start up Qrious to deliver a under the covers perspective on the 2014 NZ General Election that has never...
    Scoop politics | 19-08
  • Pre-election Economic and Fiscal Update 2014
    Full PREFU: prefu14whole.pdf Full Executive Summary with charts: prefu14pt2of11.pdf Online: Pre-election Economic and Fiscal Update 2014 — The Treasury - New Zealand...
    Scoop politics | 19-08
  • Survey of Integrity and Conduct in the State Services
    The State Services Commission (SSC) today published the report of the 2013 Integrity and Conduct Survey of the State Services. “The New Zealand State services is rated highly internationally for its standards of integrity and conduct and is considered...
    Scoop politics | 19-08
  • Demand for Same-Sex ‘Marriage’ Underwhelms
    Family First NZ says that one year on from the marriage law being politically manipulated, the demand for same-sex marriages has been underwhelming with just 318 same-sex couples rushing to take advantage of the new definition to formalise their relationship...
    Scoop politics | 19-08
  • Jacinda Ardern talks about life as an MP
    A class of Albany politics students gained some insight into life as a Member of Parliament this week, with a visit to campus from Labour List MP Jacinda Ardern....
    Scoop politics | 18-08
  • Regional issues top agenda for election debate
    Wellington regional issues, from the flyover to extending the airport, will be in the spotlight at an election debate at Massey University’s Wellington campus tomorrow....
    Scoop politics | 18-08
  • Walking and the Election
    The Green Party has topped the polls while National has failed to register according to NZ's pedestrian advocacy organisation Living Streets Aotearoa (LSA)....
    Scoop politics | 18-08
  • Evidence of the dubious tactics of the alcohol industry
    Nicky Hager’s latest book “Dirty Politics” reports the alcohol industry works behind the scenes to actively try and smear the professional reputation of people who promote effective alcohol reforms in New Zealand, as well as other public health...
    Scoop politics | 18-08
  • ACT’s plan to double cycle use without spending taxes
    "The National party yesterday announced a $100 million cycle-way that just happens to go through the marginal seat of Hutt South" said ACT Leader Dr Jamie Whyte....
    Scoop politics | 18-08
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