It’s not stolen – I just borrowed it without asking
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- Date published:
3:23 pm, February 23rd, 2014 - 51 comments
Categories: blogs, crime, law, police -
Tags: cameron slater, matthew blomfield
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:
- receiving pursuant to section 246;
- theft pursuant to section 219;
- accessing a computer system for dishonest purposes pursuant to section 249;
- and accessing a computer system without authorisation pursuant to section 252.
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.
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- Useful context on public sector job cutsDavid Farrar writes – The Herald reports: From the gory details of job-cuts news, you’d think the public service was being eviscerated. While the media’s view of the cuts is incomplete, it’s also true that departments have been leaking the particulars faster than a Wellington ...4 days ago
- Gordon Campbell On When Racism Comes Disguised As Anti-racismRemember the good old days, back when New Zealand had a PM who could think and speak calmly and intelligently in whole sentences without blustering? Even while Iran’s drones and missiles were still being launched, Helen Clark was live on TVNZ expertly summing up the latest crisis in the Middle ...4 days ago
- Govt ignored economic analysis of smokefree reversal4 days ago
- True Blue.
True loveYou're the one I'm dreaming ofYour heart fits me like a gloveAnd I'm gonna be true blueBaby, I love youI’ve written about the job cuts in our news media last week. The impact on individuals, and the loss to Aotearoa of voices covering our news from different angles.That by ...4 days ago - Who is running New Zealand’s foreign policy?While commentators, including former Prime Minister Helen Clark, are noting a subtle shift in New Zealand’s foreign policy, which now places more emphasis on the United States, many have missed a key element of the shift. What National said before the election is not what the government is doing now. ...4 days ago
- 2024 SkS Weekly Climate Change & Global Warming News Roundup #15A listing of 31 news and opinion articles we found interesting and shared on social media during the past week: Sun, April 7, 2024 thru Sat, April 13, 2024. Story of the week Our story of the week is about adults in the room setting terms and conditions of ...4 days ago
- Feline Friends and Fragile Fauna The Complexities of Cats in New Zealand’s Conservation Efforts
Cats, with their independent spirit and beguiling purrs, have captured the hearts of humans for millennia. In New Zealand, felines are no exception, boasting the highest national cat ownership rate globally [definition cat nz cat foundation]. An estimated 1.134 million pet cats grace Kiwi households, compared to 683,000 dogs ...
5 days ago - Or is that just they want us to think?
Nice guy, that Peter Williams. Amiable, a calm air of no-nonsense capability, a winning smile. Everything you look for in a TV presenter and newsreader.I used to see him sometimes when I went to TVNZ to be a talking head or a panellist and we would yarn. Nice guy, that ...5 days ago - Fact Brief – Did global warming stop in 1998?Skeptical Science is partnering with Gigafact to produce fact briefs — bite-sized fact checks of trending claims. This fact brief was written by Sue Bin Park in collaboration with members from our Skeptical Science team. You can submit claims you think need checking via the tipline. Did global warming stop in ...5 days ago
- Arguing over a moot point.I have been following recent debates in the corporate and social media about whether it is a good idea for NZ to join what is known as “AUKUS Pillar Two.” AUKUS is the Australian-UK-US nuclear submarine building agreement in which … Continue reading ...6 days ago
- No Longer Trusted: Ageing Boomers, Laurie & Les, Talk Politics.6 days ago
- Mortgage rates at 10% anyone?
No – nothing about that in PM Luxon’s nine-point plan to improve the lives of New Zealanders. But beyond our shores Jamie Dimon, the long-serving head of global bank J.P. Morgan Chase, reckons that the chances of a goldilocks soft landing for the economy are “a lot lower” than the ...6 days ago - Sad tales from the leftMichael Bassett writes – Have you noticed the odd way in which the media are handling the government’s crackdown on surplus employees in the Public Service? Very few reporters mention the crazy way in which State Service numbers rocketed ahead by more than 16,000 during Labour’s six years, ...6 days ago
- In Whose Best Interests?On The Spot: The question Q+A host, Jack Tame, put to the Workplace & Safety Minister, Act’s Brooke van Velden, was disarmingly simple: “Are income tax cuts right now in the best interests of lowering inflation?”JACK TAME has tested another MP on his Sunday morning current affairs show, Q+A. Minister for Workplace ...6 days ago
- Don’t Question, Don’t Complain.
It has to start somewhereIt has to start sometimeWhat better place than here?What better time than now?So it turns out that I owe you all an apology.It seems that all of the terrible things this government is doing, impacting the lives of many, aren’t necessarily ‘bad’ per se. Those things ...6 days ago - Auckland faces 25% water inflation shock
Three Waters became a focus of anti-Government protests under Labour, but its dumping by the new Government hasn’t solved councils’ funding problems and will eventually hit the back pockets of everyone. Photo: Lynn Grieveson/Getty ImagesTL;DR: The six news items that stood out to me at 8:06 am today are:The Government ...6 days ago - Small accomplishments and large ironies
6 days ago - The Song of Saqua: Volume VII
In order to catch up to the actual progress of the D&D campaign, I present you with another couple of sessions. These were actually held back to back, on a Monday and Tuesday evening. Session XV Alas, Goatslayer had another lycanthropic transformation… though this time, he ran off into the ...6 days ago - Accelerating the Growth Rate?
There is a constant theme from the economic commentariat that New Zealand needs to lift its economic growth rate, coupled with policies which they are certain will attain that objective. Their prescriptions are usually characterised by two features. First, they tend to be in their advocate’s self-interest. Second, they are ...7 days ago
- Release: Dark day for Kiwi kids as a third of Govt cuts affect them
News that 1000 jobs at the Ministry of Education and Oranga Tamariki could go is devastating for future generations of New Zealanders. ...2 days ago - Release: Alarm as Government signals further blow to school lunchesMore essential jobs could be on the chopping block, this time Ministry of Education staff on the school lunches team are set to find out whether they're in line to lose their jobs. ...2 days ago
- Release: Quick, submit – stop Govt’s dodgy approvals billThe Government is trying to bring in a law that will allow Ministers to cut corners and kill off native species, Labour environment spokesperson Rachel Brooking said. ...3 days ago
- Government throws coal on the climate crisis fire
The Government’s policy announced today to ease consenting for coal mining will have a lasting impact across generations. ...3 days ago - Release: Public transport costs to double as National looks at unaffordable roading project insteadCancelling urgently needed new Cook Strait ferries and hiking the cost of public transport for many Kiwis so that National can announce the prospect of another tunnel for Wellington is not making good choices, Labour Transport Spokesperson Tangi Utikere said. ...4 days ago
- Release: Cost of living in Auckland still not a priorityA laundry list of additional costs for Tāmaki Makarau Auckland shows the Minister for the city is not delivering for the people who live there, says Labour Auckland Issues spokesperson Shanan Halbert. ...4 days ago
- Greens look to fast-track submissions on harmful lawThe Green Party has today launched a step-by-step guide to help New Zealanders make their voice heard on the Government’s democracy dodging and anti-environment fast track legislation. ...7 days ago
- Release: Govt should stop making people’s lives harder and build more homesThe National Government’s proposed changes to the Residential Tenancies Act will mean tenants can be turfed from their homes by landlords with little notice, Labour housing spokesperson Kieran McAnulty said. ...1 week ago
- Release: Melissa Lee missing in action on mediaThe action Melissa Lee promised to protect democracy and the media sector is missing, Media and Communications spokesperson Willie Jackson said. ...1 week ago
- Landlord Government leaves little hope for rentersThe Government’s announcement on tenancy rules prove that it does not care about renters. ...1 week ago
- Opportunity to build a more sustainable economyGreen Party co-leader Marama Davidson is calling on all parties to support a common-sense change that’s great for the planet and great for consumers after her member’s bill was drawn from the ballot today. ...1 week ago
- Significant step forward in fixing cruel and unjust pastA significant milestone has been reached in the fight to strike an anti-Pasifika and unfair law from the country’s books after Teanau Tuiono’s members’ bill passed its first reading. ...1 week ago
- Missed opportunity but NZ will surely one day recognise the right to a sustainable environmentNew Zealand has today missed the opportunity to uphold the right to a clean, healthy, and sustainable environment, says James Shaw after his member’s bill was voted down in its first reading. ...1 week ago
- Release: Don’t cut our lunches – clear message sent to GovernmentTens of thousands of people are demanding the Government commits to fully funding free and healthy school lunches. ...1 week ago
- Release: Govt makes U-turn on Suicide Prevention OfficeLabour welcomes the Government’s U-turn on the closure of the Suicide Prevention Office, says Labour Mental Health spokesperson Ingrid Leary. ...1 week ago
- CCC issues warning over further climate delayToday’s advice from the Climate Change Commission paints a sobering reality of the challenge we face in combating climate change, especially in light of recent Government policy announcements. ...2 weeks ago
- Luxon targets lame and lousy example of leadershipIf talk is cheap, Chris Luxon’s “targets” are bankrupt. ...2 weeks ago
- Luxon targets are lousy example of leadershipIf talk is cheap, Chris Luxon’s “targets” are bankrupt. ...2 weeks ago
- Release: Commitment to disability communities missing from Govt prioritiesMinister for Disability Issues Penny Simmonds appears to have delayed a report back to Cabinet on the progress New Zealand is making against international obligations for disabled New Zealanders. ...2 weeks ago
- Methane target review is dangerous duplicationThe Government’s newly announced review of methane emissions reduction targets hints at its desire to delay Aotearoa New Zealand’s urgent transition to a climate safe future, the Green Party said. ...2 weeks ago
- Release: Government must commit to school building project for disabled studentsThe Government must commit to the Maitai School building project for students with high and complex needs, to ensure disabled students from the top of the South Island have somewhere to learn. ...2 weeks ago
- Release: National must take mental health seriouslyMental Health Minister Matt Doocey and his Government colleagues have made a meal of their mental health commitments, showing how flimsy their efforts to champion the issue truly are, says Labour Mental Health spokesperson Ingrid Leary. ...2 weeks ago
- Referendums for Māori wards a racist step backwardsThe Government's imposed referendum on Māori wards is a racist step backwards for Māori representation, and disregards Te Tiriti o Waitangi. ...2 weeks ago
- Release: Job losses at Health not worth it for tax cutsNew Zealand will feel the harm of the National Government’s reckless cuts to jobs at the health ministry for generations, says Ayesha Verrall. ...2 weeks ago
- Press release: No Māori initiatives in Government’s nothing planMāori are yet to see anything from this Government except cuts, reversals and taking our people backwards, Māori Development spokesperson Willie Jackson said. ...2 weeks ago
- Thirty six point PR spinThe Government’s ‘36 point’ plan for the next three months is as pointless as it is hollow. ...2 weeks ago
- Thirty six point PR spinThe Government’s ‘36 point’ plan for the next three months is as pointless as it is hollow. ...2 weeks ago
- Thirty six point PR spinThe Government’s ‘36 point’ plan for the next three months is as pointless as it is hollow. ...2 weeks ago
- Release: Social housing off Government’s to-do listThe Coalition Government’s refusal to commit to ongoing funding for social housing is seeing the sector pull back on developments and families watch their dreams of securing a home fade away, says Labour Housing spokesperson Kieran McAnulty. ...2 weeks ago
- Release: Less money in most people’s pockets this AprilChanges to minimum wage and benefit indexation means many New Zealanders will get less this year, as the Government gives a big tax break to landlords instead. ...3 weeks ago
- Comprehensive Partnership the goal for NZ and the Philippines
Prime Minister Christopher Luxon held a bilateral meeting today with the President of the Philippines, Ferdinand Marcos Jr. The Prime Minister was accompanied by MP Paulo Garcia, the first Filipino to be elected to a legislature outside the Philippines. During today’s meeting, Prime Minister Luxon and President Marcos Jr discussed opportunities to ...8 hours ago - Government commits $20m to Westport flood protectionThe Government has announced that $20 million in funding will be made available to Westport to fund much needed flood protection around the town. This measure will significantly improve the resilience of the community, says Local Government Minister Simeon Brown. “The Westport community has already been allocated almost $3 million ...14 hours ago
- Taupō takes pole positionThe Government is proud to support the first ever Repco Supercars Championship event in Taupō as up to 70,000 motorsport fans attend the Taupō International Motorsport Park this weekend, says Economic Development Minister Melissa Lee. “Anticipation for the ITM Taupō Super400 is huge, with tickets and accommodation selling out weeks ...15 hours ago
- Cost of living support for low-income homeownersLocal Government Minister Simeon Brown has announced an increase to the Rates Rebate Scheme, putting money back into the pockets of low-income homeowners. “The coalition Government is committed to bringing down the cost of living for New Zealanders. That includes targeted support for those Kiwis who are doing things tough, such ...17 hours ago
- Government backing mussel spat projectThe Coalition Government is investing in a project to boost survival rates of New Zealand mussels and grow the industry, Oceans and Fisheries Minister Shane Jones has announced. “This project seeks to increase the resilience of our mussels and significantly boost the sector’s productivity,” Mr Jones says. “The project - ...18 hours ago
- Government focused on getting people into workBenefit figures released today underscore the importance of the Government’s plan to rebuild the economy and have 50,000 fewer people on Jobseeker Support, Social Development and Employment Minister Louise Upston says. “Benefit numbers are still significantly higher than when National was last in government, when there was about 70,000 fewer ...21 hours ago
- Clean energy key driver to reducing emissionsThe Government’s commitment to doubling New Zealand’s renewable energy capacity is backed by new data showing that clean energy has helped the country reach its lowest annual gross emissions since 1999, Climate Change Minister Simon Watts says. New Zealand’s latest Greenhouse Gas Inventory (1990-2022) published today, shows gross emissions fell ...22 hours ago
- Earthquake-prone buildings review brought forwardThe Government is bringing the earthquake-prone building review forward, with work to start immediately, and extending the deadline for remediations by four years, Building and Construction Minister Chris Penk says. “Our Government is focused on rebuilding the economy. A key part of our plan is to cut red tape that ...1 day ago
- Thailand and NZ to agree to Strategic PartnershipPrime Minister Christopher Luxon and his Thai counterpart, Prime Minister Srettha Thavisin, have today agreed that New Zealand and the Kingdom of Thailand will upgrade the bilateral relationship to a Strategic Partnership by 2026. “New Zealand and Thailand have a lot to offer each other. We have a strong mutual desire to build ...2 days ago
- Government consults on extending coastal permits for portsRMA Reform Minister Chris Bishop and Transport Minister Simeon Brown have today announced the Coalition Government’s intention to extend port coastal permits for a further 20 years, providing port operators with certainty to continue their operations. “The introduction of the Resource Management Act in 1991 required ports to obtain coastal ...2 days ago
- Inflation coming down, but more work to doToday’s announcement that inflation is down to 4 per cent is encouraging news for Kiwis, but there is more work to be done - underlining the importance of the Government’s plan to get the economy back on track, acting Finance Minister Chris Bishop says. “Inflation is now at 4 per ...2 days ago
- School attendance restored as a priority in health adviceRefreshed health guidance released today will help parents and schools make informed decisions about whether their child needs to be in school, addressing one of the key issues affecting school attendance, says Associate Education Minister David Seymour. In recent years, consistently across all school terms, short-term illness or medical reasons ...2 days ago
- Unnecessary bureaucracy cut in oceans sectorOceans and Fisheries Minister Shane Jones is streamlining high-level oceans management while maintaining a focus on supporting the sector’s role in the export-led recovery of the economy. “I am working to realise the untapped potential of our fishing and aquaculture sector. To achieve that we need to be smarter with ...2 days ago
- Patterson promoting NZ’s wool sector at International CongressAssociate Agriculture Minister Mark Patterson is speaking at the International Wool Textile Organisation Congress in Adelaide, promoting New Zealand wool, and outlining the coalition Government’s support for the revitalisation the sector. "New Zealand’s wool exports reached $400 million in the year to 30 June 2023, and the coalition Government ...3 days ago
- Removing red tape to help early learners thriveThe Government is making legislative changes to make it easier for new early learning services to be established, and for existing services to operate, Associate Education Minister David Seymour says. The changes involve repealing the network approval provisions that apply when someone wants to establish a new early learning service, ...3 days ago
- RMA changes to cut coal mining consent red tapeChanges to the Resource Management Act will align consenting for coal mining to other forms of mining to reduce barriers that are holding back economic development, Resources Minister Shane Jones says. “The inconsistent treatment of coal mining compared with other extractive activities is burdensome red tape that fails to acknowledge ...3 days ago
- McClay reaffirms strong NZ-China trade relationshipTrade, Agriculture and Forestry Minister Todd McClay has concluded productive discussions with ministerial counterparts in Beijing today, in support of the New Zealand-China trade and economic relationship. “My meeting with Commerce Minister Wang Wentao reaffirmed the complementary nature of the bilateral trade relationship, with our Free Trade Agreement at its ...3 days ago
- Prime Minister Luxon acknowledges legacy of Singapore Prime Minister LeePrime Minister Christopher Luxon today paid tribute to Singapore’s outgoing Prime Minister Lee Hsien Loong. Meeting in Singapore today immediately before Prime Minister Lee announced he was stepping down, Prime Minister Luxon warmly acknowledged his counterpart’s almost twenty years as leader, and the enduring legacy he has left for Singapore and South East ...3 days ago
- PMs Luxon and Lee deepen Singapore-NZ tiesPrime Minister Christopher Luxon held a bilateral meeting today with Singapore Prime Minister Lee Hsien Loong. While in Singapore as part of his visit to South East Asia this week, Prime Minister Luxon also met with Singapore President Tharman Shanmugaratnam and will meet with Deputy Prime Minister Lawrence Wong. During today’s meeting, Prime Minister Luxon ...4 days ago
- Antarctica New Zealand Board appointmentsForeign Minister Winston Peters has made further appointments to the Board of Antarctica New Zealand as part of a continued effort to ensure the Scott Base Redevelopment project is delivered in a cost-effective and efficient manner. The Minister has appointed Neville Harris as a new member of the Board. Mr ...4 days ago
- Finance Minister travels to Washington DCFinance Minister Nicola Willis will travel to the United States on Tuesday to attend a meeting of the Five Finance Ministers group, with counterparts from Australia, the United States, Canada, and the United Kingdom. “I am looking forward to meeting with our Five Finance partners on how we can work ...4 days ago
- Pet bonds a win/win for renters and landlordsThe coalition Government has today announced purrfect and pawsitive changes to the Residential Tenancies Act to give tenants with pets greater choice when looking for a rental property, says Housing Minister Chris Bishop. “Pets are important members of many Kiwi families. It’s estimated that around 64 per cent of New ...4 days ago
- Long Tunnel for SH1 Wellington being consideredState Highway 1 (SH1) through Wellington City is heavily congested at peak times and while planning continues on the duplicate Mt Victoria Tunnel and Basin Reserve project, the Government has also asked NZ Transport Agency (NZTA) to consider and provide advice on a Long Tunnel option, Transport Minister Simeon Brown ...4 days ago
- New Zealand condemns Iranian strikesPrime Minister Christopher Luxon and Foreign Minister Winston Peters have condemned Iran’s shocking and illegal strikes against Israel. “These attacks are a major challenge to peace and stability in a region already under enormous pressure," Mr Luxon says. "We are deeply concerned that miscalculation on any side could ...4 days ago
- Huge interest in Government’s infrastructure plansHundreds of people in little over a week have turned out in Northland to hear Regional Development Minister Shane Jones speak about plans for boosting the regional economy through infrastructure. About 200 people from the infrastructure and associated sectors attended an event headlined by Mr Jones in Whangarei today. Last ...7 days ago
- Health Minister thanks outgoing Health New Zealand ChairHealth Minister Dr Shane Reti has today thanked outgoing Health New Zealand – Te Whatu Ora Chair Dame Karen Poutasi for her service on the Board. “Dame Karen tendered her resignation as Chair and as a member of the Board today,” says Dr Reti. “I have asked her to ...7 days ago
- Roads of National Significance planning underwayThe NZ Transport Agency (NZTA) has signalled their proposed delivery approach for the Government’s 15 Roads of National Significance (RoNS), with the release of the State Highway Investment Proposal (SHIP) today, Transport Minister Simeon Brown says. “Boosting economic growth and productivity is a key part of the Government’s plan to ...7 days ago
- Navigating an unstable global environmentNew Zealand is renewing its connections with a world facing urgent challenges by pursuing an active, energetic foreign policy, Foreign Minister Winston Peters says. “Our country faces the most unstable global environment in decades,” Mr Peters says at the conclusion of two weeks of engagements in Egypt, Europe and the United States. “We cannot afford to sit back in splendid ...7 days ago
- NZ welcomes Australian Governor-GeneralPrime Minister Christopher Luxon has announced the Australian Governor-General, His Excellency General The Honourable David Hurley and his wife Her Excellency Mrs Linda Hurley, will make a State visit to New Zealand from Tuesday 16 April to Thursday 18 April. The visit reciprocates the State visit of former Governor-General Dame Patsy Reddy ...7 days ago
- Pseudoephedrine back on shelves for WinterAssociate Health Minister David Seymour has announced that Medsafe has approved 11 cold and flu medicines containing pseudoephedrine. Pharmaceutical suppliers have indicated they may be able to supply the first products in June. “This is much earlier than the original expectation of medicines being available by 2025. The Government recognised ...7 days ago
- NZ and the US: an ever closer partnershipNew Zealand and the United States have recommitted to their strategic partnership in Washington DC today, pledging to work ever more closely together in support of shared values and interests, Foreign Minister Winston Peters says. “The strategic environment that New Zealand and the United States face is considerably more ...1 week ago
- Joint US and NZ declarationApril 11, 2024 Joint Declaration by United States Secretary of State the Honorable Antony J. Blinken and New Zealand Minister of Foreign Affairs the Right Honourable Winston Peters We met today in Washington, D.C. to recommit to the historic partnership between our two countries and the principles that underpin it—rule ...1 week ago
- NZ and US to undertake further practical Pacific cooperationForeign Minister Winston Peters has announced further New Zealand cooperation with the United States in the Pacific Islands region through $16.4 million in funding for initiatives in digital connectivity and oceans and fisheries research. “New Zealand can achieve more in the Pacific if we work together more urgently and ...1 week ago
- Government redress for Te Korowai o WainuiāruaThe Government is continuing the bipartisan effort to restore its relationship with iwi as the Te Korowai o Wainuiārua Claims Settlement Bill passed its first reading in Parliament today, says Treaty Negotiations Minister Paul Goldsmith. “Historical grievances of Te Korowai o Wainuiārua relate to 19th century warfare, land purchased or taken ...1 week ago
- Focus on outstanding minerals permit applicationsNew Zealand Petroleum and Minerals is working to resolve almost 150 outstanding minerals permit applications by the end of the financial year, enabling valuable mining activity and signalling to the sector that New Zealand is open for business, Resources Minister Shane Jones says. “While there are no set timeframes for ...1 week ago
- Applications open for NZ-Ireland Research CallThe New Zealand and Irish governments have today announced that applications for the 2024 New Zealand-Ireland Joint Research Call on Agriculture and Climate Change are now open. This is the third research call in the three-year Joint Research Initiative pilot launched in 2022 by the Ministry for Primary Industries and Ireland’s ...1 week ago
- Tenancy rules changes to improve rental marketThe coalition Government has today announced changes to the Residential Tenancies Act to encourage landlords back to the rental property market, says Housing Minister Chris Bishop. “The previous Government waged a war on landlords. Many landlords told us this caused them to exit the rental market altogether. It caused worse ...1 week ago
- Boosting NZ’s trade and agricultural relationship with ChinaTrade and Agriculture Minister Todd McClay will visit China next week, to strengthen relationships, support Kiwi exporters and promote New Zealand businesses on the world stage. “China is one of New Zealand’s most significant trade and economic relationships and remains an important destination for New Zealand’s products, accounting for nearly 22 per cent of our good and ...1 week ago
- Freshwater farm plan systems to be improvedThe coalition Government intends to improve freshwater farm plans so that they are more cost-effective and practical for farmers, Associate Environment Minister Andrew Hoggard and Agriculture Minister Todd McClay have announced. “A fit-for-purpose freshwater farm plan system will enable farmers and growers to find the right solutions for their farm ...1 week ago
- New Fast Track Projects advisory group namedThe coalition Government has today announced the expert advisory group who will provide independent recommendations to Ministers on projects to be included in the Fast Track Approvals Bill, say RMA Reform Minister Chris Bishop and Regional Development Minister Shane Jones. “Our Fast Track Approval process will make it easier and ...1 week ago
- Missy rustles to stardom in Canada
Hineaupounamu ‘Missy’ Nuku has been scaling mountains in Canada for her college basketball team, the Lakeland Rustlers. Alberta is currently home for the 20-year-old point guard, who is in her first year of a scholarship at Lakeland College, where she is studying for a business degree. She has certainly made ...2 hours ago - Emissions fall again – now NZ needs to up the paceOfficial figures confirm New Zealand produced less climate pollution in 2022 than in any other year in the 21st century The post Emissions fall again – now NZ needs to up the pace appeared first on Newsroom. ...2 hours ago
- Warning of death from a million cuts as Oceans Secretariat dissolvedShane Jones says people voted for change, but opponents say small cuts such as ending a special oceans secretariat are starting to add up The post Warning of death from a million cuts as Oceans Secretariat dissolved appeared first on Newsroom. ...2 hours ago
- Defence deal to counter Beijing’s aggression in South China SeaNew Zealand and the Philippines have signed a new maritime security agreement and stated their concerns over activity in the South China Sea, as Chinese vessels continue to flout international law. Prime Minister Christopher Luxon and Philippines President Ferdinand “Bongbong” Marcos committed to signing a Mutual Logistics Supporting Arrangement by ...2 hours ago
- Wellington’s ebb and flow of public servantsThe thousands of government “back-office” job cuts are causing widespread pain in the capital city. In today’s episode of The Detail, we speak to three journalists and a think tank researcher, looking at the larger picture around the cuts and what effect it will have on Wellington, a city that’s ...2 hours ago
- New Zealand transport planning has gone off the railsOpinion: The famed American architect and urban designer Daniel Burnham once said, “Make no little plans. They have no magic to stir men’s blood!” Burnham wouldn’t have been referring to the transport plans in Aotearoa New Zealand over the past five years; projects so big they hadn’t the credibility to ...2 hours ago
- Daily crossword, Friday 19 AprilThe post Daily crossword, Friday 19 April appeared first on Newsroom. ...2 hours ago
- Brakes on transport and logistics sector as demand for freight slowsThe transport sector is currently in the slow lane The post Brakes on transport and logistics sector as demand for freight slows appeared first on Newsroom. ...2 hours ago
- Newsroom daily quiz, Friday 19 AprilLoading…(function(i,s,o,g,r,a,m){var ql=document.querySelectorAll('A[quiz],DIV[quiz],A[data-quiz],DIV[data-quiz]'); if(ql){if(ql.length){for(var k=0;k<ql.length;k++){ql[k].id='quiz-embed-'+k;ql[k].href="javascript:var i=document.getElementById('quiz-embed-"+k+"');try{qz.startQuiz(i)}catch(e){i.start=1;i.style.cursor='wait';i.style.opacity='0.5'};void(0);"}}};i['QP']=r;i[r]=i[r]||function(){(i[r].q=i[r].q||[]).push(arguments)},i[r].l=1*new Date();a=s.createElement(o),m=s.getElementsByTagName(o)[0];a.async=1;a.src=g;m.parentNode.insertBefore(a,m)})(window,document,'script','https://take.quiz-maker.com/3012/CDN/quiz-embed-v1.js','qp'); Got a good quiz question? Send Newsroom your questions. The post Newsroom daily quiz, Friday 19 April appeared first on Newsroom. ...2 hours ago
- Financial literacy should be on all of usOpinion: With maths understanding at 42 percent for Year 8 students, there’s no doubt something has to be done. But how? The post Financial literacy should be on all of us appeared first on Newsroom. ...2 hours ago
- Grattan on Friday: Ethnic tensions will complicate the Albanese government’s multicultural policy ...
Source: The Conversation (Au and NZ) – By Michelle Grattan, Professorial Fellow, University of Canberra When ASIO boss Mike Burgess delivered his annual threat assessment earlier this year, he stressed the rising danger posed by espionage and foreign interference. “In 2024, threats to our way of life have surpassed ...8 hours ago - Group plans work to improve safety of female MPs
New research shows harassment of elected officials - especially women - is on the rise. ...9 hours ago - Ukraine warns of WW3 ahead of long-stalled Congress aid voteUkraine's Prime Minister says his country desperately needs the US to approve long-stalled security assistance. ...10 hours ago
- Crown lawyers attempt to block Waitangi Tribunal summons to Minister for ChildrenThe Tribunal had called on Minister for Children Karen Chhour to provide evidence at an urgent inquiry into the repeal of Section 7AA of the Oranga Tamariki Act. ...12 hours ago
- Luxon refuses to guarantee public consultation on AUKUS Pillar 2Prime Minister Christopher Luxon says it's "far too premature" to be confirming whether the public would be consulted on joining AUKUS Pillar 2. ...13 hours ago
- Visualising the 1800s or designing wedding invitations: 6 ways you can use AI beyond generating textSource: The Conversation (Au and NZ) – By T.J. Thomson, Senior Lecturer in Visual Communication & Digital Media, RMIT University Midjourney image by T.J. Thomson As more than half of Australian office workers report using generative artificial intelligence (AI) for work, we’re starting to see this technology affect every ...14 hours ago
- Falls, fractures and self-harm: 4 charts on how kids’ injury risk changes over time and differs fo...Source: The Conversation (Au and NZ) – By Lisa Nicole Sharwood, Injury epidemiologist | Expert Witness, UNSW Sydney Sergey Novikov/Shutterstock Injuries are the leading cause of disability and death among Australian children and adolescents. At least a quarter of all emergency department presentations during childhood are injury-related. Injuries can ...14 hours ago
- Choice and control: will NDIS reforms mean people with disability don’t get to decide who they liv...Source: The Conversation (Au and NZ) – By Di Winkler, Adjunct Associate Professor, Living with Disability Research Centre, La Trobe University Shutterstock/Ground Picture Many Australians with disability feel on the edge of a precipice right now. Recommendations from the disability royal commission and the NDIS review were released late ...14 hours ago
- Asbestos in playground mulch: how to avoid a repeat of this circular economy scandalSource: The Conversation (Au and NZ) – By Salman Shooshtarian, Senior Lecturer, School of Property, Construction and Project Management, RMIT University Salman Shooshtarian Asbestos has been found in mulch used for playgrounds, schools, parks and gardens across Sydney and Melbourne. Local communities naturally fear for the health of their ...14 hours ago
- Could Albanese’s bet on homegrown green industries be the boost our regions deserve?Source: The Conversation (Au and NZ) – By Madeline Taylor, Senior Lecturer, Macquarie University Cloudy Designs/Shutterstock Right now, there’s a global race underway. The goal: bring back manufacturing and energy jobs as the energy transition speeds up. In 2022, America launched its mammoth Inflation Reduction Act and the ...14 hours ago
- Watch: Prime Minister Christopher Luxon won't say if government will consult public on joining ...Asked multiple times if the public will be consulted on joining the defence pact, Luxon repeatedly said that was yet to be worked through. ...14 hours ago
- Watch live: Prime Minister Christopher Luxon speaks in PhilippinesPrime Minister Christopher Luxon is speaking to reporters on the third leg of his Southeast Asia trip, from Manila in the Philippines. ...15 hours ago
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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.)
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.
kevin spacey could play key in a movie but who plays slater.
thanks for this post, will be interesting to see how this unfolds.
Paul Giamatti or Luis Guzman.
Either of them would have to put on a LOT of weight of course.
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.)
Nah. You’d need CGI to replicate Cam.
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.
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.
No mention or denial of the revelations published about Blomfields methods or activities arising from disclosure of the information. 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.
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?
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.
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.
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?
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.
He is a journalist. Not necessarily a good one but one nonetheless.
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.
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
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.
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/
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 ….
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?
“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.
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.
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.
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.
“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.
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.
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 🙂
Or perhaps Judith could phone a friend…
Bingo, dotcom made more money though, slater’s an amateur in this area.
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.
I doubt that Slater could be done for copyright infringement. 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.
If that’s true, could Don Brash sue Nicky Hager for copyright infringement?
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.
Wrong. copyright applies to anything created, not creative.
“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?
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 🙁
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).
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.
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?
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.
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.
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.
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.
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.
Only three strikes based on the imprisonment length of the third offence, yes?
Three strikes only applies to violent offences.
PS: on the other hand, it could be successfully argued that being Cameron Slater is a violent offence.
@ One Anonymous Bloke…
Heh heh heh…
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.
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.
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.
and
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 ]
who is he giving advice to?
reads like an analysis to me.