Absolute power? Absolutely
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- Date published:
8:27 am, September 15th, 2010 - 151 comments
Categories: law, national/act government, Parliament -
Tags: christchurch earthquake, gerry brownlee
I was pretty stunned to read that the Canterbury Earthquake Response and Recovery Act gives the Government the power to pass Orders in Council overriding or suspending all but five laws. That makes ministers, not Parliament, the sovereign power in this country. Pretty scary stuff, which I haven’t seen justified by the facts of the quake.
This constitutional stuff is not my specialty so, naturally, I went to No Right Turn to get more info on the ramifications of this Act (I’ll leave out the bit about the Enabling Act, I/S… bit too far):
Earlier tonight, in a unanimous vote, Parliament made us a dictatorship. While Parliament still exists, it is meaningless. We are now under the rule of a single tyrant: Gerry Brownlee, the Minister for Canterbury Earthquake Recovery.
Oh, not in practice, of course. But in form. The Canterbury Earthquake Response and Recovery Bill, passed unanimously less than an hour ago, gives Brownlee the power to repeal or modify practically any law on our statute book, without even having to refer to Cabinet, let alone Parliament. With the flick of a pen, Brownlee could:
- repeal Schedule 4 of the Crown Minerals Act;
- ban unions;
- strip anyone he likes of citizenship. Or, for that matter, grant it;
- make murder, rape, and bribery legal;
- overturn the results of the SuperCity election;
- declare the Treaty a “simple nullity” and sack the Waitangi Tribunal;
- legalise torture, or medical experimentation on pensioners;
- ban booze and legalise marijuana;
- declare himself immune from the OIA (which given his performance, I’m sure he’d love to);
- vest the foreshore and seabed now and forevermore in Paul Holmes;
- remove income tax on the rich;
- overturn the nuclear-free legislation;
- repeal the ETS, or exempt anyone he wants from it;
- legalise discrimination against gays or Catholics;
- grant permission for the Central Plains Water Project.
Provided he doesn’t mess with a very short list of laws (basically the Constitution and Electoral Acts, and the BORA – but not the Human Rights Act), he can do anything he wants. While officially he has to “take into account” the purpose of the bill, “take into account” means sweet fuck-all – and thanks to a Fiji clause, the courts have no jurisdiction over the resulting Orders anyway. While he is theoretically subject to the oversight of the Regulations Review Committee, that is a slow process, and he could (if he felt like it) simply remove that clause. Result: absolute, dictatorial power, at least in theory, until 1 April 2012.
I do not for a moment think Brownlee will do any of those things.1 But the mere fact that he can is a constitutional outrage. As Lew put it, we are relying on Gerry Brownlee to not be evil. And that is not acceptable in a democracy. Democratic societies under the rule of law do not trust politicians not to be evil – we tie them up so they cannot be.
No-one questions the need for emergency legislation to empower the reconstruction. But this bill, with these effectively unlimited powers was not the way to do it. And what really stinks is that every party voted for it. Faced with the threat of National labelling them “unpatriotic” (or worse, “unCantabrian”), they obediently fell into line and voted for it in the name of “national unity”. Even the Greens were silenced where it mattered – at the vote. And that is how dictatorship happens.
1 I expect him to do other things instead – like weakening the building regulations which just saved thousands of lives, or exempting some large donors from the “hassle” of the RMA and so forth.
For more info read Lew, Dean Knight, Graeme Edgeler and Andrew Geddis
Has anyone actually shown that there are laws that need to be changed that can’t be changed quickly enough through Parliament, sitting under Urgency if needed?
At least the Greens put up some amendments to limit the law’s scope, although I don’t think they were agreed to. And Labour refused to back National’s original plan for the law to remain in effect until 2015, resulting in it expiring in 2012 instead. But the willingness of Parliament to sign away its own powers as the body of our elected representatives at the first cry of ‘crisis’ is very, very worrying.
So is taking away the Courts’ ability to adjudicate on whether Orders in Council are legal and justified. John Carter says it’s to prevent vexatious cases wasting time. If that’s the concern, make the law that Courts can’t hear vexatious cases. Don’t muzzle the judiciary entirely.
To the growing list of post-quake reforms we need add: a well-thought out Disaster Recovery Act that can be enabled by Parliament after a disaster, so that we don’t get this rush to legislate that results in overkill with massive unchecked power being awarded to ministers.
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Haere e te Kīngi o te kotahitangi Haere ki o nui, ki o rahi I te pō ...1 week ago
- Green Party pays respects to Kiingi Tuuheitia
The Green Party is paying tribute to the Māori King, Kiingi Tuuheitia Pootatau Te Wherowhero XVII, after he passed away earlier this morning. ...1 week ago
- Potaka Brings Whakaata Māori to its Knees
Today’s Whakaata Māori announcement is yet another colossal failure from Minister Potaka, who has turned his back on te reo Māori, forcing a channel offline, putting whānau out of jobs, and cutting Māori content, says Te Pāti Māori. “A Senior Māori Minister has turned his back on Te Reo Māori. ...1 week ago
- Release: National restricts access to disability care homes
With disability communities still reeling from the diminishing of Whaikaha, a leaked document now reveals another blow with National restricting access to residential care homes. ...1 week ago
- Release: Govt must help save 230 manufacturing jobs
Labour is calling on the Government and Mercury Energy to find a solution to the proposed Winstone Pulp mill closure and save 230 manufacturing jobs. ...1 week ago
- Govt shirks its responsibility to Whakaata Māori
The Green Party has called out the Government for allowing Whakaata Māori to effectively collapse to a shell of its former self as job cuts and programming cuts were announced at the broadcaster today. ...1 week ago
- NZ First Member’s Bill To Disestablish Auckland Transport
Today New Zealand First has introduced a Member’s Bill that will restore democratic control over transport management in Auckland City by disestablishing Auckland Transport (AT) and returning control to Auckland Council. The ‘Local Government (Auckland Council) (Disestablishment of Auckland Transport) Amendment Bill’ intends to restore democratic oversight, control, and accountability ...1 week ago - Release: PM fails in constitutional role and leadership
The failure of the Prime Minister to condemn his Minister for personally attacking the judiciary is another example of this Government riding roughshod over important constitutional rules. ...1 week ago
- Waititi urges Rotorua Lakes Council to immediately stop works at Lake Rotokākahi
Te Pāti Māori co-leader and Member of Parliament for Waiariki, which includes Rotorua, has written to Rotorua Lakes Councillors requesting they immediately stop sewerage piping works at Lake Rotokākahi in Rotorua. “Mana whenua have been urging Rotorua Lakes Council to stop works and look at alternative plans to protect the ...1 week ago
- Release: Patient care at risk from redundancies
Patient care could suffer as a result of further cuts to the health system, which could lose thousands of staff who keep our hospitals and clinics running. ...1 week ago
- Greens call on Govt to wake up on child poverty
The Green Party says the latest statistics on child poverty in this country highlight the callous approach that the Government is taking on this issue of national shame. ...1 week ago
- Release: Police are off the beat under National
Foot patrols around the country have decreased 15 percent since National took office, despite National’s Mark Mitchell claiming otherwise. ...2 weeks ago
- Release: Climate denial is an insult to Pacific leaders
Winston Peters’ climate denialism at the Pacific Islands’ Forum is an embarrassing new low. ...2 weeks ago
- Govt must end solitary confinement
The Green Party is urging the Government to end the use of solitary confinement within our prisons after new research revealed some prisoners have been held in confinement for more than 900 days. ...2 weeks ago
- Fossil fuels never the answer in climate crisis
The Government’s moves to enable the import of Liquefied Natural Gas is another step away from the sustainable and affordable energy network that this country needs. ...2 weeks ago
- Government must respect Court’s Uber employee decision
Today’s court ruling upholding the rights of Uber drivers is a message to the Government that it must not tamper with employment protections. ...2 weeks ago
- Release: Uber court decision recognises workers’ rights
The Court of Appeal decision that Uber drivers are entitled to employee rights such as minimum wage, sick leave, holiday pay and collective bargaining is welcome news for the drivers involved and their unions. ...2 weeks ago
- Release: Labour calls on Govt to divest from illegal settlements
The Labour Party is calling on the Government to tell the two major wealth funds, the NZ Super Fund and ACC, to withdraw investments from companies listed by the United Nations as complicit in Israel’s illegal settlements in the Occupied Palestinian Territories. ...2 weeks ago
- Release: Govt backtrack on fast-track still not enough
Labour welcomes news that the National Government is backing down on its reckless proposal to give Ministers final sign-off on significant projects, but it’s still not enough. ...2 weeks ago
- Fast track still on track to environmental destruction
Our environment remains at risk despite the Government's proposed changes to its controversial fast-track legislation. ...2 weeks ago
- Ohinemuri River pollution highlights mining risks
The harrowing images of the severely polluted Ohinemuri River caused by an old mining shaft could become a more common occurrence under the mining regime the Government is looking to roll out. ...2 weeks ago
- Govt Incarcerating our Mokopuna into a Failed System
Information released by the Minister for Children has revealed that almost 800 mokopuna Māori have been taken by the state this year, putting it on track for the largest displacement of tamariki Māori since the introduction of Section 7AA in 2019. “Oranga Tamariki is running a crusade against whakapapa Māori ...2 weeks ago
- Release: Chris Hipkins’ Speech to Local Government New Zealand
...2 weeks ago
- Release: Regional deals can’t leave ratepayers picking up the bill again
On the back of a patronising speech to local councils the Government has rushed out an announcement on regional and city deals that leaves out the crucial component – funding. ...2 weeks ago
- Release: Govt in thrall to tobacco lobbyists
The National Government has put the interests of tobacco lobbyists ahead of New Zealanders and their health. ...2 weeks ago
- Govt overreach on councils an assault on local democracy
The Government’s move to enforce austerity measures on councils is an assault on local democracy. ...2 weeks ago
- Government progresses response to Abuse in Care recommendations
A Crown Response Office is being established within the Public Service Commission to drive the Government’s response to the Royal Commission into Abuse in Care. “The creation of an Office within a central Government agency was a key recommendation by the Royal Commission’s final report. “It will have the mandate ...1 day ago - Passport wait times back on-track
Minister of Internal Affairs Brooke van Velden says passport processing has returned to normal, and the Department of Internal Affairs [Department] is now advising customers to allow up to two weeks to receive their passport. “I am pleased that passport processing is back at target service levels and the Department ...2 days ago
- New appointments to the FMA board
Commerce and Consumer Affairs Minister has today announced three new appointments and one reappointment to the Financial Markets Authority (FMA) board. Tracey Berry, Nicholas Hegan and Mariette van Ryn have been appointed for a five-year term ending in August 2029, while Chris Swasbrook, who has served as a board member ...2 days ago
- District Court judges appointed
Attorney-General Hon Judith Collins today announced the appointment of two new District Court judges. The appointees, who will take up their roles at the Manukau Court and the Auckland Court in the Accident Compensation Appeal Jurisdiction, are: Jacqui Clark Judge Clark was admitted to the bar in 1988 after graduating ...2 days ago
- Government makes it faster and easier to invest in New Zealand
Associate Minister of Finance David Seymour is encouraged by significant improvements to overseas investment decision timeframes, and the enhanced interest from investors as the Government continues to reform overseas investment. “There were about as many foreign direct investment applications in July and August as there was across the six months ...2 days ago
- New Zealand to join Operation Olympic Defender
New Zealand has accepted an invitation to join US-led multi-national space initiative Operation Olympic Defender, Defence Minister Judith Collins announced today. Operation Olympic Defender is designed to coordinate the space capabilities of member nations, enhance the resilience of space-based systems, deter hostile actions in space and reduce the spread of ...3 days ago
- Government commits to ‘stamping out’ foot and mouth disease
Biosecurity Minister Andrew Hoggard says that a new economic impact analysis report reinforces this government’s commitment to ‘stamp out’ any New Zealand foot and mouth disease incursion. “The new analysis, produced by the New Zealand Institute of Economic Research, shows an incursion of the disease in New Zealand would have ...3 days ago
- Improving access to finance for Kiwis
5 September 2024 The Government is progressing further reforms to financial services to make it easier for Kiwis to access finance when they need it, Commerce and Consumer Affairs Minister Andrew Bayly says. “Financial services are foundational for economic success and are woven throughout our lives. Without access to finance our ...3 days ago
- Prime Minister pays tribute to Kiingi Tuheitia
As Kiingi Tuheitia Pootatau Te Wherowhero VII is laid to rest today, Prime Minister Christopher Luxon has paid tribute to a leader whose commitment to Kotahitanga will have a lasting impact on our country. “Kiingi Tuheitia was a humble leader who served his people with wisdom, mana and an unwavering ...3 days ago
- Resource Management reform to make forestry rules clearer
Forestry Minister Todd McClay today announced proposals to reform the resource management system that will provide greater certainty for the forestry sector and help them meet environmental obligations. “The Government has committed to restoring confidence and certainty across the sector by removing unworkable regulatory burden created by the previous ...3 days ago
- More choice and competition in building products
A major shake-up of building products which will make it easier and more affordable to build is on the way, Building and Construction Minister Chris Penk says. “Today we have introduced legislation that will improve access to a wider variety of quality building products from overseas, giving Kiwis more choice and ...3 days ago
- Joint Statement between the Republic of Korea and New Zealand 4 September 2024, Seoul
On the occasion of the official visit by the Right Honourable Prime Minister Christopher Luxon of New Zealand to the Republic of Korea from 4 to 5 September 2024, a summit meeting was held between His Excellency President Yoon Suk Yeol of the Republic of Korea (hereinafter referred to as ...3 days ago
- Comprehensive Strategic Partnership the goal for New Zealand and Korea
Prime Minister Christopher Luxon held a bilateral meeting today with the President of the Republic of Korea, Yoon Suk Yeol. “Korea and New Zealand are likeminded democracies and natural partners in the Indo Pacific. As such, we have decided to advance discussions on elevating the bilateral relationship to a Comprehensive ...3 days ago
- International tourism continuing to bounce back
Results released today from the International Visitor Survey (IVS) confirm international tourism is continuing to bounce back, Tourism and Hospitality Minister Matt Doocey says. The IVS results show that in the June quarter, international tourism contributed $2.6 billion to New Zealand’s economy, an increase of 17 per cent on last ...4 days ago
- Government confirms RMA reforms to drive primary sector efficiency
The Government is moving to review and update national level policy directives that impact the primary sector, as part of its work to get Wellington out of farming. “The primary sector has been weighed down by unworkable and costly regulation for too long,” Agriculture Minister Todd McClay says. “That is ...4 days ago
- Weak grocery competition underscores importance of cutting red tape
The first annual grocery report underscores the need for reforms to cut red tape and promote competition, Commerce and Consumer Affairs Minister Andrew Bayly says. “The report paints a concerning picture of the $25 billion grocery sector and reinforces the need for stronger regulatory action, coupled with an ambitious, economy-wide ...4 days ago
- Government moves to lessen burden of reliever costs on ECE services
Associate Education Minister David Seymour says the Government has listened to the early childhood education sector’s calls to simplify paying ECE relief teachers. Today two simple changes that will reduce red tape for ECEs are being announced, in the run-up to larger changes that will come in time from the ...4 days ago
- Over 2,320 people engage with first sector regulatory review
Regulation Minister David Seymour says there has been a strong response to the Ministry for Regulation’s public consultation on the early childhood education regulatory review, affirming the need for action in reducing regulatory burden. “Over 2,320 submissions have been received from parents, teachers, centre owners, child advocacy groups, unions, research ...4 days ago
- Government backs women in horticulture
“The Government is empowering women in the horticulture industry by funding an initiative that will support networking and career progression,” Associate Minister of Agriculture, Nicola Grigg says. “Women currently make up around half of the horticulture workforce, but only 20 per cent of leadership roles which is why initiatives like this ...4 days ago
- Government to pause freshwater farm plan rollout
The Government will pause the rollout of freshwater farm plans until system improvements are finalised, Agriculture Minister Todd McClay, Environment Minister Penny Simmonds and Associate Environment Minister Andrew Hoggard announced today. “Improving the freshwater farm plan system to make it more cost-effective and practical for farmers is a priority for this ...5 days ago
- Milestone reached for fixing the Holidays Act 2003
Minister for Workplace Relations and Safety Brooke van Velden says yesterday Cabinet reached another milestone on fixing the Holidays Act with approval of the consultation exposure draft of the Bill ready for release next week to participants. “This Government will improve the Holidays Act with the help of businesses, workers, and ...5 days ago
- New priorities to protect future of conservation
Toitū te marae a Tāne Mahuta me Hineahuone, toitū te marae a Tangaroa me Hinemoana, toitū te taiao, toitū te tangata. The Government has introduced clear priorities to modernise Te Papa Atawhai - The Department of Conservation’s protection of our natural taonga. “Te Papa Atawhai manages nearly a third of our ...5 days ago
- Faster 110km/h speed limit to accelerate Kāpiti
A new 110km/h speed limit for the Kāpiti Expressway Road of National Significance (RoNS) has been approved to reduce travel times for Kiwis travelling in and out of Wellington, Transport Minister Simeon Brown says. “Boosting economic growth and productivity is a key part of the Government’s plan to rebuild the economy. ...5 days ago
- IVL increase to ensure visitors contribute more to New Zealand
The International Visitor Conservation and Tourism Levy (IVL) will be raised to $100 to ensure visitors contribute to public services and high-quality experiences while visiting New Zealand, Minister for Tourism and Hospitality Matt Doocey and Minister of Conservation Tama Potaka say. “The Government is serious about enabling the tourism sector ...5 days ago
- Delivering priority connections for the West Coast
A record $255 million for transport investment on the West Coast through the 2024-27 National Land Transport Programme (NLTP) will strengthen the region’s road and rail links to keep people connected and support the region’s economy, Transport Minister Simeon Brown says. “The Government is committed to making sure that every ...5 days ago
- Road and rail reliability a focus for Wellington
A record $3.3 billion of transport investment in Greater Wellington through the 2024-27 National Land Transport Programme (NLTP) will increase productivity and reduce travel times, Transport Minister Simeon Brown says. “Delivering infrastructure to increase productivity and economic growth is a priority for our Government. We're focused on delivering transport projects ...5 days ago
- Record investment to boost economic and housing growth in the Waikato
A record $1.9 billion for transport investment in the Waikato through the 2024-27 National Land Transport Programme (NLTP) will create a more efficient, safe, and resilient roading network that supports economic growth and productivity, Transport Minister Simeon Brown says. “With almost a third of the country’s freight travelling into, out ...5 days ago
- Building reliable and efficient roading for Taranaki
A record $808 million for transport investment in Taranaki through the 2024-27 National Land Transport Programme (NLTP) will support economic growth and productivity, Transport Minister Simeon Brown says. “Taranaki’s roads carry a high volume of freight from primary industries and it’s critical we maintain efficient connections across the region to ...5 days ago
- Supporting growth and resilience in Otago and Southland
A record $1.4 billion for transport investment in Otago and Southland through the 2024-27 National Land Transport Programme (NLTP) will create a more resilient and efficient network that supports economic growth and productivity, Transport Minister Simeon Brown says. “Transport is a critical enabler for economic growth and productivity in Otago ...5 days ago
- Delivering connected and resilient roading for Northland
A record $991 million for transport investment in Northland through the 2024-27 National Land Transport Programme (NLTP) will strengthen the region’s connections and support economic growth and productivity, Transport Minister Simeon Brown says. “We are committed to making sure that every transport dollar is spent wisely on the projects and ...5 days ago
- Top of the South to benefit from reliable transport infrastructure
A record $479 million for transport investment across the top of the South Island through the 2024-27 National Land Transport Programme (NLTP) will build a stronger road network that supports primary industries and grows the economy, Transport Minister Simeon Brown says. “We’re committed to making sure that every dollar is ...5 days ago
- Government delivering reliable roads for Manawatū-Whanganui
A record $1.6 billion for transport investment in Manawatū-Whanganui through the 2024-27 National Land Transport Programme (NLTP) will strengthen the region’s importance as a strategic freight hub that boosts economic growth, Transport Minister Simeon Brown says. “Delivering infrastructure to increase productivity and economic growth is a priority for our Government. ...5 days ago
- Restoring connections in Hawke’s Bay
A record $657 million for transport investment in the Hawke’s Bay through the 2024-27 National Land Transport Programme (NLTP) will support recovery from cyclone damage and build greater resilience into the network to support economic growth and productivity, Transport Minister Simeon Brown says. “We are committed to making sure that ...5 days ago
- Transport resilience a priority for Gisborne
A record $255 million for transport investment in Gisborne through the 2024-27 National Land Transport Programme (NLTP) will support economic growth and restore the cyclone-damaged network, Transport Minister Simeon Brown says. “With $255 million of investment over the next three years, we are committed to making sure that every transport ...5 days ago
- Prioritising growth and reduced travel times in Canterbury
A record $1.8 billion for transport investment Canterbury through the 2024-27 National Land Transport Programme (NLTP) will boost economic growth and productivity and reduce travel times, Transport Minister Simeon Brown says. “Christchurch is the economic powerhouse of the South Island, and transport is a critical enabler for economic growth and ...5 days ago
- Supporting growth and freight in the Bay of Plenty
A record $1.9 billion for transport investment in the Bay of Plenty through the 2024-27 National Land Transport Programme (NLTP) will boost economic growth and unlock land for thousands of houses, Transport Minister Simeon Brown says. “Transport is a critical enabler for economic growth and productivity in the Bay of ...5 days ago
- Getting transport back on track in Auckland
A record $8.4 billion for transport investment in Auckland through the 2024-27 National Land Transport Programme (NLTP) will deliver the infrastructure our rapidly growing region needs to support economic growth and reduce travel times, Transport Minister Simeon Brown says. “Aucklanders rejected the previous government’s transport policies which resulted in non-delivery, phantoms projects, ...5 days ago
- Record investment to get transport back on track
A record $32.9 billion investment in New Zealand’s transport network through the 2024-27 National Land Transport Programme (NLTP) will create a more reliable and efficient transport network that boosts economic growth and productivity, Transport Minister Simeon Brown says. “New Zealanders rejected the previous government’s transport policies which resulted in non-delivery, ...5 days ago
- Consultation is open on gambling harm strategy
Minister for Mental Health Matt Doocey has welcomed the start of Gambling Harm Awareness Week by encouraging New Zealanders to have their say on the next three-year strategy to prevent and minimise gambling harm. “While many New Zealanders enjoy gambling as a pastime without issue, the statistics are clear that ...5 days ago
- JOINT STATEMENT FOR THE OFFICIAL VISIT OF NEW ZEALAND PRIME MINISTER CHRISTOPHER LUXON
1. Prime Minister YAB Dato’ Seri Anwar Ibrahim hosted Prime Minister Rt. Hon Christopher Luxon on an Official Visit to Malaysia from 1 to 3 September 2024. Both leaders expressed appreciation for enduring and warm bilateral ties over 67 years of diplomatic relations. The Malaysia – New Zealand Strategic Partnership 2. The ...5 days ago
- Mike Joy on his memoir and butting heads with Sir John Key
The scientist whose work prompted Sir John Key in 2011 to compare academics to lawyers says it was a "surreal" and "scary" time. ...7 hours ago - Results of school property inquiry yet to go to Cabinet
The inquiry was completed months ago, but the minister of education is still weighing up its recommendations. ...15 hours ago
- ACT pledges pushback on supermarket crackdown
Further regulation of the supermarket sector may hit a snag in the form of David Seymour, who is mounting strong opposition to any such move. ...20 hours ago
- The Weekend: Paralympics appreciation vs everyday apathy
Madeleine Chapman reflects on the week that was. The Paralympic Games end tomorrow after nearly two weeks of incredible athletic feats. On a purely results basis, New Zealand hasn’t done that well. As of writing (Friday), we’re yet to win a gold medal and are placed 61st out of 74 ...22 hours ago - ‘I wish I’d never thought of it’: The Blue Monkey on Suzanne Paul’s back
The infomercial queen looks back on an eventful life in TV, filled with Coronation Street, The Blue Monkey and a lot of reality television. Suzanne Paul is a New Zealand television icon. Born and raised in England, Paul worked around the world for 20 years before she arrived in Aotearoa ...22 hours ago
- Auckland’s secondhand bookshops, ranked and reviewed
Shanti Mathias visits and ranks the crème de la crème of Auckland’s secondhand bookshops. From Ponsonby to Grafton to Devonport to Parnell, Auckland has some lovely secondhand bookshops, many of which are huge and deserve to be browsed for hours, embracing the way that all bookstores, but especially secondhand bookstores, ...22 hours ago
- The Spinoff Essay: An ode to tea, the universal panacea
Skimmed Alive, Earl Gravy or Peanut Safari, there’s nothing like making someone a cup of tea exactly how they like it. The Spinoff Essay showcases the best essayists in Aotearoa, on topics big and small. Made possible by the generous support of our members. ‘Corrie climax sparks power surge.’ That was ...22 hours ago
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Damian Alexander and Shelton Woolright of Blindspott share their perfect weekend playlist. Few embody the “west is best” mindset as well as Blindspott. So, it’s probably a good thing the bogan rockers will be able to let their West Auckland sensibilities loose as a part of a supergroup comprised of ...22 hours ago
- Brokenwood – the international hit with a kiwi accent
It’s been a brutal year for New Zealand television, with the demise of Three’s Newshub news operation, costing 300-odd jobs; and the canning of TVNZ’s highly rated Fair Go, Sunday and Late News programmes.It’s also been announced the long-running soap Shortland Street will be cut to three nights a week, ...22 hours ago - The Secret Diary of .. Christopher Luxon
MONDAYGreat news for the nation! In a gesture that I know will resonate with ordinary Kiwis who look to the Prime Minister as an example of someone who can deliver a set of deliverables that will take root and come to pass, I have sold one of my nine or ...22 hours ago
- Short story: I’m a Māori, by Airana Ngarewa
“See that car, ow?” A lime-green Beetle puttered into the distance, barely making the speed limit. “Lady in the front winked at me. Almost crossed the centre line she was so lost in my eyes.”“Bro, that’s the lifeguard. She’s seventy.”Māui shrugged his shoulders. “My swag crosses generational lines. What can ...22 hours ago
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The government is making a poor economic move with its plan to import natural gas according to Saul Griffith, renewable energy advocate and former climate advisor to Joe Biden. Saul Griffith is an author, inventor, scientist and co-founder of Rewiring America. A few years back he managed to convince ...22 hours ago
- New measurements reveal the enormous halos that shroud all galaxies in the universe
Source: The Conversation (Au and NZ) – By Deanne Fisher, Associate Professor of Astronomy, Swinburne University of Technology The starry part of every galaxy is surrounded by a vast shroud of gas extending out for more than 100,000 light years. Cristy Roberts / ANU / ASTRO 3D Have you ever ...1 day ago - Opera Eucalyptus is a lush adaptation of Murray Bail’s novel – with a modern twist
Source: The Conversation (Au and NZ) – By Moya Costello, Adjunct Lecturer, Southern Cross University Opera Australia My first curiosities about the new opera Eucalyptus, an adaptation of Murray Bail’s multi-award-winning 1998 novel, were regarding how Ellen and the many stories told to her by her ultimately successful suitor ...1 day ago
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Analysis - The government's $32.9 billion transport spend-up, a big hike in the tourist levy, and the prime minister's ferry-free visit to South Korea. ...1 day ago
- Our cities are losing the small, colourful songbirds that give us the most joy
Source: The Conversation (Au and NZ) – By Andres Felipe Suarez-Castro, Research Fellow, Ecological Modelling, Griffith University Scarlet honeyeater (_Myzomela sanguinolenta_) Marty Oishi/Shutterstock The birds that fill our mornings with songs and our parks and gardens with colour are disappearing from our cities, our new study has found. We ...1 day ago
- New government funding for family violence is unprecedented, but it can’t afford to wait
Source: The Conversation (Au and NZ) – By Anastasia Powell, Professor, Family and Sexual Violence, RMIT University A new A$4.7 billion national funding package announced today will deliver much needed resources to address family and sexual violence. For years, specialist support services, community legal services, therapeutic responses and men’s ...1 day ago
- Residency granted for Brazilian couple whose immigration adviser forgot to apply for visa
Brazilians Newton Santos and Nubia Chiarelli had been fighting to get their case reviewed since 2021. ...1 day ago
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Source: The Conversation (Au and NZ) – By Alan Collins, Professor of Geology, University of Adelaide Two tectonic plates meet in Thingvellir National Park, Iceland. VisualProduction/Shutterstock Using information from inside the rocks on Earth’s surface, we have reconstructed the plate tectonics of the planet over the last 1.8 billion years. ...1 day ago
- Far North District councillors vote unanimously to retain their Māori ward following impassioned me...
The council's strongly worded resolution also called on the CEO to explore the legal implications of not holding a binding poll as required. ...1 day ago
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Source: The Conversation (Au and NZ) – By Laura Revell, Associate Professor in Environmental Physics, University of Canterbury NASA via Getty Images At this time of year, as the sun rises over Antarctica, a “hole” opens up in Earth’s ozone layer. The ozone layer is a vital planetary boundary ...1 day ago
- What you need to know about the draft English and maths curriculums
This is what you need to know about the draft English and maths curriculums out for consultation. ...1 day ago
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Source: The Conversation (Au and NZ) – By Jon Richardson, Visiting Fellow, Centre for European Studies, Australian National University Russia’s announcement this week that it is revising its nuclear weapons doctrine has raised questions about what this means – and whether it marks a significant escalation in its war in ...1 day ago
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Source: The Conversation (Au and NZ) – By Bradley J. Moggridge, Professor of Science, University of Technology Sydney Bradley Moggridge, Author provided Kamilaroi Country lies in far northwest New South Wales, past Tamworth and crossing over the Queensland border. Here, the bunyip bird (Australasian bittern, Botaurus poiciloptilus), and the ...1 day ago
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Source: The Conversation (Au and NZ) – By Vaughan Cruickshank, Senior Lecturer in Health and Physical Education, University of Tasmania Thousands of amazing athletes have competed in the Paralympics Games over the past 64 years. But who are the greatest of these Paralympians? And how would you decide? ...2 days ago
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One builder’s quest to find a culture of sustainability in construction. This is an excerpt from our environmental newsletter Future Proof. Sign up here. “Have you ever built a sandcastle?” asks Paul Geraets, founder of rammed earth building company Terra Firma. “Everybody has. Rammed earth is the same principle.” Rammed ...2 days ago
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A new poem by Josiah Morgan. Riding in Cars with (Mostly Straight) Boys titled after a play by Sam Brooks I Back then Kade had a death wish, driving over a hundred an hour after school, past young lads, parents, through the suburbs, cop cars, girl friends. I drove too, ...2 days ago
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Opinion: It was February 9 of this year that Newsroom revealed work had stopped on a big Du Val apartment project in Auckland as contractors threatened legal action.We had visited the Verge site in Mt Wellington. Scaffolders who said they hadn’t been paid were removing their gear. The site was otherwise empty ...2 days ago
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The only published and available best-selling indie book chart in New Zealand is the top 10 sales list recorded every week at Unity Books’ stores in High St, Auckland, and Willis St, Wellington. AUCKLAND 1 Pachinko by Min Jin Lee (Head of Zeus, $25) Min Jin Lee’s novel was published in ...2 days ago
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Source: The Conversation (Au and NZ) – By Erica Mealy, Lecturer in Computer Science, University of the Sunshine Coast The Australian government this week released voluntary artificial intelligence (AI) safety standards, alongside a proposals paper calling for greater regulation of the use of the fast-growing technology in high-risk situations. ...2 days ago
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Source: The Conversation (Au and NZ) – By George Taleporos, Adjunct Senior Research Fellow, Living with Disability Research Centre, La Trobe University Bill Shorten is resigning from politics in February next year. Throughout his 17 years in parliament, no achievement stands out more than his role in the creation of ...2 days ago
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Source: The Conversation (Au and NZ) – By Janet McCalman, Emeritus Redmond Barry Distinguished Professor, The University of Melbourne Shutterstock Why does Victoria’s Births, Deaths and Marriages registry matter? Civil registrations are the most important documents created about you by the state: they certify your existence in time and ...2 days ago
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Source: The Conversation (Au and NZ) – By Connie Henson, Cojoint Senior Lecturer, Indigenous Studies, UNSW Sydney MilanMarkovic78/Shutterstock Many people with atrial fibrillation don’t have any symptoms. But this heart condition – which involves an irregular and often rapid heartbeat – increases the risk of stroke and heart failure, ...2 days ago
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The Masterchef NZ winner takes us back to the land with a new season of Nadia’s Farm. This is an excerpt from our weekly pop culture newsletter Rec Room. Sign up here. It’s a warm summer’s day in Central Otago, and Nadia Lim is trying to drive a tractor. The old, ...2 days ago
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The Pacific profiles series shines a light on Pacific people in Aotearoa doing interesting and important work in their communities, as nominated by members of the public. Today, Losalini Tuwere. All photos by Geoffery Matautia. Losalini Tuwere runs the longest-running (and most consistent) Fijian language class in Aotearoa. Every Tuesday ...2 days ago
- NZ will retain sovereignty despite joining US space mission – Minister
Defence Minister Judith Collins says it's important New Zealand is committed to working with security partners on space security. ...2 days ago
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Source: The Conversation (Au and NZ) – By Robyn J. Whitaker, Director of the Wesley Centre for Theology, Ethics, and Public Policy & Associate Professor, New Testament, Pilgrim Theological College, University of Divinity Americans face a stark choice this November between two very different political visions. As I watched the ...2 days ago
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Ah ha , the woodwork teacher from Ilam has finally attained what he has all ways desired. Now he can be judge AND jury. and his previous conviction for assault can be wiped out. This was from the days when as Brownshirt Brownlee he was responsible for throwing down the stairs those who dared to speak during election rallies.
I wonder how this will end up as usually happens the underlings assume the powers that our new Overlord has obtained
Oh god he could repeal the protection in Schedule 4 of the Crown Minerals Act.
I bet he is tempted …
The speed in which this law was passed suggests that other laws could be passed at a similar pace as long as a basic case could be made out.
This feels at least in part like a PR exercise to show that the Government is in power and is doing something, whatever that something may or may not be.
The speed was reflective of the fact that every party and every MP was consulted and agreed to support the bill. And they also know that if Big GB oversteps his reach, its the rope that will hang him, and so they have that pleasure as well.
Shouldn’t you be more horrified that your beloved left rolled over without a fight? tsk tsk, what were they thinking??? Oh, thats right, because its the right thing to do. Doh.
AS: again. Yet more ‘the sky is falling’ stupidity. Again.
‘Oh, thats right, because its the right thing to do. Doh.’
Tell me why it’s necessary for a minister to be able to overrule any law in the land, save 5, because of the earthquake.
Tell us exactly why that is necessary.
If you can’t, then as a person who believes in democracy, you shold err on the side of controls on power, not unfettered power.
And they wonder why they have lost their grassroots support?
This wasn’t the right thing to do – it was over the top.
Take your rational, reality based facts somewhere else.
This is the place of National = Bad.
the facts are that Gerry Brownlee has just been given the power to cancel any law he likes and the courts can’t hold him to account.
Why do you support Gerry Brownlee having the power to override the Hapeas Corpus Act?
It was unanimously passed be the House. NO MP OBJECTED.
Get with reality would you.
Nobody’s arguing this was done illegitimately. It was passed into law by due legal process, and is perfectly legitimate. But that don’t make it right or good.
L
But that don’t make it right or good.
If you think that there will be a problem in practice with this, and not one MP in our broad political spectrum agrees with you – then ya gotta ask yourself the question – ‘Am I being realistic, or am I being a hysterical conspiracy theorist?’
If you’d actually read my post on the topic — linked twice in this one, no less — then you’d see that my objections are specifically framed in theoretical terms. Of course Gerry Brownlee isn’t going to make a law requiring that anyone seeking to meet with him to discuss the quake recovery must bring tribute of a pie and a beer. But he could, nobody could prevent him from doing so, and the courts would have no jurisdiction to review the legitimacy of such a decree. And that’s a problem.
L
So the problem is that there won’t actually be a problem . . . but there could be . . . even though there won’t be. Lolz.
Yes, there’s a problem in that we’re relying on Gerry Brownlee not to abuse the huge power’s he have just been given.
That’s not how democracies work.
Remember, in a few months time, it could be a Labour minister with all these unchecked powers.
Will you be so keen on it then?
No, the problem is that we are trusting to Gerry Brownlee’s good sense that there won’t be a problem.
This is not how a parliamentary democracy works.
Remember, in a few months time, it could be a Labour minister with all these unchecked powers.
Will you be so keen on it then?
If the entire parliament vote for this to happen, then for me to have a problem with it, this problem would not be not based on outcomes.
So, it comes back to you saying that if the whole Parliament votes for something it must be OK.
Which takes us back to blue-eyed babies.
“even though there won’t be”
And you know that how?
Deb
JB…you really gotta stop doing that stuff when you write these rants… it’s getting messy, and smelly..
If the House unanimously passed a law making it legal to kill blue-eyed babies would you support that law without question?
Don’t be a moron. Your analogy isn’t even closely relevant. We have a wide range of ideologies represented in the House.
you said that as long as it’s passed unaminously, it’s OK.
“It was unanimously passed be the House. NO MP OBJECTED.
Get with reality would you.”
Now, you’re conceding that just because all the MPs vote for something doesn’t make it good law.
One defence down.
No.
All of the MPs vote for something because it’s a good law.
Their consensus doesn’t make it good.
Why is giving Gerry Brownlee the power to repeal the Abolition of the Dealth Penalty Act good law?
“Why is giving Gerry Brownlee the power to repeal the Abolition of the Dealth Penalty Act good law?”
Read the purpose of the bill you retard.
captcha waiting (for some sensible comments on this blog … fat fucking chance)
Why is giving Gerry Brownlee the power to repeal the Abolition of the Dealth Penalty Act good law?
The Bill is temporarily broad in order to get what needs to be done in CHCH, done swiftly and effectively. It’s pragmatic and the potential abuses will only ever be theoretical. All of parliament understand this. It’s not that difficult.
pmoney Read the purpose of the bill you retard.
Read the purpose yourself.
If Gerry claimed that, say, issuing an Order in Council to “shoot looters on sight” would “facilitate the response to the Canterbury earthquake”. Then he could. There would be no legal comeback (except possibly “crimes against humanity” legislation in a foreign court).
There are no redeeming features about this law.
pmoney, jbanks.
You’ve got to understand that jsut because there’s a need to do something does not mean that this something was the right one to do.
This law gives Gerry Brownlee the power to suspend the Abolition of the Death Penalty Act and nearly any other Act. (read the Act pmoney: An Order in Council made under subsection (1) may grant an exemption from, or modify, or extend any provision of any enactment)
Is that justified by the need to respond to the earthquake? If not, why should he have that power?
Yes it shows the political class are united and have no imagination. What if there is another earthquate, or different sort of civil defence disaster or major political incident, or even a war ? While the suspension of civil rights and consititutional legislation is in place. Given the politicians general lack of interest in civil , political or human rights, might they not just take advantage to conduct all sorts of human rights and planning outrages.
The failure of the Act and Green Mps to at least abstain shows their worthless.
Banks is not worth a comment. You still might have to vote for him, considering competent alternatives are non existant in Auckland
…
Oh shit. Why the hell couldn’t National put someone a bit brighter and less wilfully ignorant in charge?
err, there is none?
Surely one of NZ’s major parties wouldn’t lack an intelligent MP lurking in the back-benches they can use when the front-bencher’s are too busy/inept to handle something right?…
Look on the bright side – at least they didn’t put Tolley in charge of it!
Heh, she would have probably just read a couple of childerns books…
😛
She would probably have ordered some lego blocks, thinking they were building blocks.
Er, do they have one? At least they could have found someone without a criminal conviction..
Oh, ain’t one so bitchy when it was not Labour who had the control.
Remember the EFA, that was un democratic and brought in because a group of religious nuts nearly stole the 2005 election. Don’t forget the stolen $800k either. Clark was the evil bring this in.
We have just had a GREAT natural disaster and you want to be so prissy about what to do next. I hope these laws on developing easier becomes mainstream, we need less pen pushers deciding what can be built at great cost and a more can do and will do attitude.
Must be sad to you lefties rolling over on this, you want to slag off the response so far (Key, Parker, Brownlee etc) but you know you can’t because your ‘enemy’ have handled this natural disaster flawlessy except for posts of half truth diatribe nit picking etc.
These new laws will help Canterbury return to normal much quicker but that is not good for the left politically ah boys.
If you waved a placard in opposition to the EFA, you should be chaining yourself to the 9th floor balcony with a banner for this one. If you were consistent.
L
Yes, that EFA that was so undemocratic that an election was held on time and there was a smooth transfer of power to the opposition. It enabled no laws able to be suspended by a single person’s whim… Sounds just like dictatorship to me too.
yeah, remember how the EFA cancelled the election and prevented anyone from campaigning?
“We have just had a GREAT natural disaster and you want to be so prissy about what to do next”
No, we want democratic controls to remain in place. Which means ministers and public servants should only have the powers they need for the jobs they are tasked with and no more. Give us the justification for Gerry Brownlee being able to suspend
the Employment Relations Act,
the Crimes Act,
the ACC Act,
the Abolition of the Death Penalty Act
If you can’t give a good reason for him to have the power to suspend those Acts, then why the hell would you support him having the power to do so?
Or do you just not believe in democracy? Better to have a dictator and trust he’ll always act in accordance with your wishes….?
“Better to have a dictator and trust he’ll always act in accordance with your wishes….?”
I am reminded of an article in the Sunday Star-Times back in maybe 2002 – a study done by a University Pol Sci guy whose name I have sadly forgotten, showed that 35%+ of New Zealanders favoured the idea of a dictator who “could get things done without having to worry about the (cliched) ‘red tape’. Scary! pmoney and jbanks were no doubt included in that 36 or so %. 🙁
Deb
ignoring the obvious right wing crap that The Bulldozer is likely to slip through behind the scenes, i have a small question about the expiry date stated of April 2012
isn’t there an election next year? How is that affected by this legislation?
so in theory Gerry can suspend/cancel the Election? are you sure he can’t change the Electoral Act,
anyone feeling a tad nervous about this
Electoral Act is not covered. Unless Brownlee amends this Act to allow the Electoral Act to be covered, of course.
Enabling Act, anyone?
The only amendment the Greens got added was that the OIA will apply to the 7 member Canterbury Earthquake Recovery Commission (so at least we can find out what they’re doing), but ultimately backed down on everything else for ‘national unity’.
This seems a gross overstep, we don’t need to enable Gerry as the new Henry the VIII – disappointed with all of parliament for the suspension of Court oversight, and the sheer girth of the law that can be overridden.
Good post Marty.
Under the 2008-2011 National Government, New Zealand closed the gap with Tudor despotism.
Welcome to fast rewind.
You know, the South American authoritarianism of the likes of nilats is truly scary for any patriotic, democratic, Kiwi to behold.
So the EFA was democratic then?
This law was passed by all & sundry, not a Politburo of self elected leaders.
‘This law was passed by all & sundry’
– so was the Patriot Act in America and look at the bullshit that has happened since that ’emergency power’ was enthroned
Yes the need for prompt reconstruction is vital, but does it warrant the suspension of democracy?
The lack of political opposition adds to the concern.
If you want to talk about the EFA, do it in open mike. This thread is about the Canterbury Earthquake Act.
I will, however, note that “So the EFA was democratic then?” Is an admission that the CEA isn’t democratic. You’re just resorting to arguing ‘they did it too’. hardly principled.
The bit about the enabling act isn’t too far at all Marty. Theoretically, that’s exactly what this is. And I can’t believe the opposition have been such push-overs on these over the top move.
There’s no event that justifies undermining our democratic system like this.
at least the SDP voted against the Enabling Act
Do you think that by posting bombastic shit like this people will have more or less time for your opinions on other issues ?
You spent the time !! Whether you agree , who cares
Comedy… your talking at the mirror again…. turn around.. yes that’s it, see…. there’s real people over there..
Ummm you don’t get it do you the real people i.e. the vast middle fence sitting rump of NZ voters would look at this and go ……. ‘you’re fucking nuts.’
Then when you’ve got something worthwhile to say the message is devalued by the previous posts.
I like a number of [Name deleted – try that again and you’re banned for life]‘s posts over at NRT as he tends to give a serve to politicians across the spectra despite his leanings but when he comes out with a tirade like this with the attendant bullet points all you can do is roll your eyes.
It’s hardly a secret who NRT is. He posts about his submissions on various bills, which are done under his real name and can be found on Parliament’s website.
You think posting his name merits a life ban in light those circumstances?
Yes. I’m aware that some on the right are more concerned with gossip than ideas. However I’m not. Privacy is one of those concepts moderated only by considerations of public interest. Since I suspect that neither comedy or yourself could show the public interest in making nrt name public (or most other things we don’t allow for privacy invasions on this site) it don’t happen here.
I also (like the legal system) believe in a totally disproportionate response to willfully and knowingly violating our rules. So do the other moderators – see above. The only person who should be able to break nrts privacy is himself. As you say it isn’t that hard to figure out if you really needed to know. To go further an publish it is just the action of a purient gossip in it for the thrill. Whale for instance
To use someone’s first name is hardly making his name public unless it’s a very unusual first name of course – I don’t think he’s been shy about who he is anyway.
I think Marty just wanted to vent over my critique of his post.
Might as well cancel the Christchurch local elections as any decisions made by the council with regards how they wish to move Christchurch forward will be overturned by Brownlie if it doesn’t accord with what he wants.
Just the other day, one of the current Christchurch councillors (can’t remember her name) said that any demolition of older buildings would have to be okayed by council. This was in reference to the increase in quake protection to 66% for older buildings and the potential for owners to look at the costs and the building and the expensive yet underutilised CBD land it stands on and opt for demolition and a highly profitable new building as opposed to repair.
Anyway.
Will be interesting to note the utter silence and abeyance of Christchurch’s population over this. As I said. Sod the elections. Brownlie can appoint Parker as his little lieutenant and get it over and done with.
Say hello to the imposition of ‘work for the dole’ in Ch/ch as the unemployed are put to work repairing roads or whatever for less than the legal minimum hourly rate.
And say hello to visionless crap being constructed in accordance with the wishes of Brownlie’s mates in the building and construction industry.
Say cheerio to any damaged listed building that any of Brownlie’s land owner mates and/or mates in the construction industry want to have ‘disappeared’.
To be slightly Pollyanna-ish – isn’t it a good thing that our representatives feel enough trust in each other to give such powers to a few? We don’t just hope that GB isn’t evil, it is our base expectation.
I’d argue it is a sign of a mature and caring nation, and a sign of a healthy democracy that in a time of adversity we (via our MPs) are willing to take that risk for the greater good.
Time now to set my burglar alarms, disable my car immobiliser and head off out of my gated community to my work compound.
No it doesn’t. In fact I’d go so far as to say that’s a very Bad Thing as it opens the gate to a whole lot more undemocratic laws like this one.
It’s a sign that our democracy has lost its way and that we’re about to lose it.
We never had a democracy in the first place, but I suspect this is a sign of things to come as we start to rebel against the strip mining of NZ and its people with the connivance of parliament.
“To be slightly Pollyanna-ish – isn’t it a good thing that our representatives feel enough trust in each other to give such powers to a few?”
Listen to yourself, insider.
‘trust me to solve this crisis but I’ll need unchecked’ is the argument of nascent dictators through all history.
Even your hero Farrar can’t bring himself to say he supports this law.
…’but I’ll need unchecked *power*’
I’d argue it is a sign of a mature and caring nation, and a sign of a healthy democracy that in a time of adversity we (via our MPs) are willing to take that risk for the greater good.
Hey, once the Separatist crisis has been resolved I’m sure Chancellor Palpatine will lay down his emergency powers. It’s for the greater good!
It aure is great that we can trust Palpatine/Gaius Julius/Adolf/the Junta.
you forgot bush/cheney/obama/blair/clinton/rice etc etc etc
Hey, once the Separatist crisis has been resolved I’m sure Chancellor Palpatine will lay down his emergency powers. It’s for the greater good!
Well, surprisingly, Sulla did.
On the other hand, Augustus didn’t.
Every one of Rome’s eighty-eight Dictators laid down his emergency powers.
Augustus was never Dictator, so he didn’t have any emergency powers to lay down.
I seem to recall that when G. Julius Caesar resigned from his dictatorship, the Senate went and accorded it to him again while he wasn’t even present.
Good for Rome. How about more modern authoritarian/autocratic states? I can name a few from the past 100 years…
L
Augustus was never Dictator
True, he had a personal collection of powers, because he refused the office of dictator.
… so [Augustus] didn’t have any emergency powers to lay down.
The powers he had were originally granted to deal with emergencies (civil war), and then reconstruction following that civil war.
G. Julius Caesar resigned from his dictatorship, the Senate went and accorded it to him again while he wasn’t even present
Right. That was just a happy coincidence and dreadful burden for J. Caesar. And I’m sure that J. Caesar had no influence over what the Senate did. Anyway, he was assassinated while still dictator, so who knows when or if he intended to resign.
Yeah, yeah 🙂
http://offsettingbehaviour.blogspot.com/2010/09/emergency-powers.html?spref=tw
😀
Brownlee has already proved almost total incompetence. Now the rest of the politicians have proved theirs.
Every time that the right wingers get in they cite some crisis which then enables changes that they take to extremes. 1984 was one, the Auckland city amalgamation becomes a super city – extreme step, the Christchurch Commissioner overturning the previous democratic process to faciltae favourable water provision to a minority and now Parliament has suspended democracy there with ramifications for elsewhere. And Labour goes alongside in this extreme measure with only a few protests and the Greens ditto.
And the measures to last till 2012. It’s a long time to wait for that sunset. It’s long enough for those with no institutional memory of what sort of country our parents and elders have worked to institute, to get on a completely different track. Chaos theorists may have much to study. Ordinary citizens will have much to mourn.
all the pols were really annoyed that nothing mjor happened because they really wanted looters to be shot an the whole kit and caboodle so they they could show how masterly they were.
basically they are a gang of hams entrusted with more power than they properly know how to deal with.
To see how dangerous this shift of power actually is you only have to go to the Stuff homepage. They have not had the guts to give it its own article. No, they hide it within an article on the State of Emergency being extended untill tomorrow
Laws of this magnitude only get introduced this softly when there is something to hide
I do not believe Gerry is about to appoint himself Caesar or any largescale social changes will be witnessed. I do believe that powers in this law will be abused in subtle and discreet ways, most notably the powers that affect publically owned resources, and the funding thereof.
There are numerous ways that authority of this magnitude can be swayed by special interests and with the removal of OIA oversight i have serious concerns re the privatisation of ACC and the EQC
Ironically, Caesar was made Dictator by the Senate perfectly legally. Dictators were appointed for six month periods in crises but Caesar’s appointment was to have been for ten years.
and if you look at how long the idea of Caesar hung around then you begin to see the potential risk posed by our little suspension of democracy,
I had a telephone conversation recently with someone who claimed a close connection with the National Party.
That person was adament that a new global currency/world government has already been agreed to, by the big 10 ? and that it will be implemented very soon. This was a telephone conversation with someone I cannot identify so there is a large amount of doubt surrounding the claim. However I do believe this person was genuine in their connection and summation. 18 months maximun was the time frame given.
This emergency earthquake law is a nice little accomplishment for the Nats in their task of selling us out to a new world government. They can now do anything they like without fear of the law to smooth NZ’s transition to a World Dictatorship .
Henry I had a telephone conversation recently with someone who claimed a close connection with the National Party. That person was adament that a new global currency/world government has already been agreed to…
So, this was a phone sex line?
Did this person also tell you that he/she was wearing crotchless panties?
before all the predictable responses attack this, go look at any of a thousand sites detailing the restructuring of currency and credit. just google ‘global currency’ and then make up your own mind. Over the last few hundred years the Bankers have set into motion a new global ‘currency’ that will supercede the sovereign currency of any nation.
here is a good introduction to very recent history on the subject
or are we all just imagining things
capcha: warned -we all have been countles times-
Excuse me, mods – There may be some identity theft going on here: http://thestandard.org.nz/absolute-power-absolutely/#comment-248476
Or maybe not, but it’s a bit out of character for the real p-money to turn up on a political blog and shout authoritarian slogans out of the blue.
[p-money is a sock puppet for another well known right wing loon commenter. I don’t think there’s a serious chance of anyone mistaking it for the real “p-money”, but (you know who you are) please stop using it none the less – r0b]
Given the prevelence of bloc voting in major parties I don’t actually see any real difference because of this law. We have alwys had the fastest law makers in the west with virtually no constraint anyway.
I suspect much more damage has been done to democracy in NZ by legislation passed under urgency by a single major party voting as told to vote by the party leader.
Work for dole was also mentioned earlier in this thread, I commented on KB the other day that I was surprised prisoners were being flown to safe locations rather than being put to work in the cleanup. It seems wrong that people are left flapping around in a disaster zone to largely fend for themselves while criminals are moved to other locations.
they were moved because there was nowhere safe to house them. If the State is going to imprison people, it takes on the responsibility for their safety.
OK, I get that the state is responsible for their safey and I agree with that. Is a prisoner working on cleanup less safe than a student working on cleanup ?
People are being denied even access to retrieve personal treasurs from their houses, basic human rights are being trampled on all over the region yet we send the prisoners to a different city where they can have a nice warm room and three meals a day. There is something wrong in this picture.
a) it was their housing that was unsafe, no water pressure in case of fire in the cell.s
b) how do you propose the public would have been kept safe with hundreds of prisoners out and about and the police too over-extended to watch them all?
Brigh Red
Christchurch residents fight eviction
But it’s OK, they are all being flown to another city and given a room and three meals a day… well if they gang up and kill a few council inspectors then they will be given somewhere to live and food…..
Ordinary people being turfed onto the street and criminals being re-housed. Go figure.
Yeah it’s terrible what the council has done to those people -fucken Bob Parker.
that doesn’t mean prisoners should have been left in an unsafe jail. It’s not an ‘either or situation’. All should get the help they need.
A ball and chain would solve the public safety issue. Don’t forget the prisoners have been locked up removing their freedom, yet they are flown to a safe location and provided food & shelter – something many people in Chch don’t have at this time.
Again, the State ensuring the safety of its prisoners and the State helping others in need is not an ‘either or’ situation.
Do you seriously think they have hundreds of balls and chains sitting around or that those would be an adequate way to control prisoners in a disaster zone? Dream world, mate.
and, of course, nobody ever escaped from chains…
“A ball and chain would solve the public safety issue. ”
Good one Burt, I near p*ss*d myself – it’s a good thing you’re not serious! (But if you like the chain gang thing, if it floats your boat, I suggest you move to Flori-duh! 😀 )
(Give my regards to Ernie… )
Deb
burt There is something wrong in this picture…
And there is nothing wrong with a picture that includes slave labour.
Now, issuing an Order in Council to utilize prison labour to undertake some Worthy and Urgent Measure of Reconstruction is a realistic way that Gerry will probably abuse his new powers.
Yes indeed, making people who have done wrong against other people in society provide free labour to reconstruct order is soooo wrong isn’t it…. Let me guess, we should give the prisoners a big payout because they were scared being locked up when the quake hit….
burt Yes indeed, making people who have done wrong against other people in society provide free labour to reconstruct order is soooo wrong isn’t it….
Yes.
Hi burt,
If you do the crime, you do the time, yeah? Whatever your crime, you’re being punished because you were found by a court to be guilty of breaching a particular piece of legislation.
A court, in accordance with another piece of legislation, has decided on your punishment.
You can’t complain because you did the crime, right? You had every opportunity to be aware of the possible legal consequences of your actions, yeah? Enforcement of the “social contract” if you like.
Having been sentenced and served part of that sentence – doing the time – it seems to me a bit weird that the contract could be re-written at any time and enforced regardless. Even your weird mate David Garrett (or whatever he’s calling himself today) acknowledges this principle in his “3 strikes” law, i.e. it applies only to crimes committed after the passing of the law.
To do otherwise – as you suggest – would require retr…
*ahem* re.. re..
rrrretr…
I can’t do it. Finish it for me, burt would you?
“Yes indeed, making people who have done wrong against other people in society provide free labour to reconstruct order is soooo wrong isn’t it”
Yes.
It’s also a very slippery slope: http://www.globalresearch.ca/index.php?context=va&aid=8289
“All of these businesses are excited about the economic boom generation by prison labor. Just between 1980 and 1994, profits went up from $392 million to $1.31 billion. Inmates in state penitentiaries generally receive the minimum wage for their work, but not all; in Colorado, they get about $2 per hour, well under the minimum. And in privately-run prisons, they receive as little as 17 cents per hour for a maximum of six hours a day, the equivalent of $20 per month. The highest-paying private prison is CCA in Tennessee, where prisoners receive 50 cents per hour for what they call “highly skilled positions.” At those rates, it is no surprise that inmates find the pay in federal prisons to be very generous. There, they can earn $1.25 an hour and work eight hours a day, and sometimes overtime. They can send home $200-$300 per month.”
“Richard”
No, sex lines are not my style.
As I said their is doubt surrounding any unidentified person and I’m not willing to endanger their job by revealing what it is. I can say it was a respectable profession they were engaged in. That doesnt mean the claim is correct but I believe the person was genuine and upstanding even if they were off the mark. It is “possible” that this is true.
Oh good, we are talking about “possibilities”.
So, it is “possible” that your secret, very important and credible informant was wearing crotchless panties.
I think you’ll find more people are interested in your fantasies if you add crotchless panties.
depends who’s wearing them
Sure, who is interested will depend on who is wearing them.
However, regardless of who is wearing them, there’s bound to be somebody interested.
True, but the objective is to use crotchless panties (and – may I? – whipped cream) in order to boost the number of people interested in the story.
If the source was Mike Moore ( WTO, or even Michael Moore) then the audience would be a bit more . . . specialised than if the source was one of the bright young things (any gender identity) from Hollywood. Ruling out the ones for whom crotchless panties would be “overdressing”.
You’ve got to understand that jsut because there’s a need to do something does not mean that this something was the right one to do.
This law gives Gerry Brownlee the power to suspend the Abolition of the Death Penalty Act and nearly any other Act. (read the Act pmoney: An Order in Council made under subsection (1) may grant an exemption from, or modify, or extend any provision of any enactment)
Is that justified by the need to respond to the earthquake? If not, why should he have that power?
Considering we’ve all agreed that Gerry isn’t going to do anything of the sort – then yes, it’s justified to get what needs done, and done now.
Why bother having the rule of law and an elected Parliament at all if we’re just going to trust those with power not to do bad things?
Do you support giving Police the power to kill anyone they like because we agree that they’re not going to kill just anyone but only those that ‘need’ to be killed?
No.
So why give a minister the power to suspend, override, or extend any law?
The foundation of democracy is checks and balances on power, and there are effectively none on Gerry Brownlee’s now.
Why didn’t the law just give Brownlee the power to override the laws that he needs to be able to override?
Why didn’t the law just give Brownlee the power to override the laws that he needs to be able to override?
Because EVERYONE in parliament knows that doing it this way would not give the desired results ie, getting the job done quickly. Doing it your way would have been back and forwards for weeks at the expense of the people of CHCH. And for what? To not give Brownlee a power he won’t use anyway. Genius!
jbanks …doing it this way would not give the desired results ie, getting the job done quickly
What’s the rush? There’s not exactly an enemy army on the horizon.
Once the immediate emergency has been handled (which is exactly what is currently been done with the current State of Emergency powers), there doesn’t doesn’t seem to be any desperate rush.
It seems that what we want to do is a good job of rebuilding rather than a quick job.
What’s the rush?
Why would every single person in parliament (read: even the lefties) support this bill if bureaucracy wouldn’t have significantly slowed down rebuilding?
Who knows why the morons in parliament do what they do. Presumably, they supported it because they didn’t want to be portrayed as “acting to slow down reconstruction”.
That doesn’t mean anything with regard as to whether bureaucracy is actually slowing down reconstruction, or whether it is desirable for reconstruction to be rushed.
Oh so NOW, the Greens have no principles?
I’m sure they have some principles. I’m sure even ACT members have principles of one sort or another.
They haven’t displayed any principles worth having in voting for this particular piece of legislation, however.
Bureaucratic enforcement of the building code is why every house in Christchurch did not fall down. Raced decisions in this case are likely to be bad ones.
And what can giving Brownlee more power actually speed up? Nothing. It will take as long as it takes due to resource constraints. About the only thing that the government really needed to do to help Chch was to ban all exports of needed reconstruction materials – and they haven’t done that so expect such materials to double in price over the next few months. I’m sure that NACT are.
Answer my question then. Why would every single person in parliament (read: even the lefties) support this bill if bureaucracy wouldn’t have significantly slowed down rebuilding?
jb. One last time, all of Parliament voting for something doesn’t make it right.
You tell me why gerry Brownlee needs the power to rescind the Crimes Act.
What makes it right then? Your opinion over our representative democracy?
What makes it right is if it can be justified by argument. If you think that the Parliament voting for something makes it right then we’re back to you supporting blue-eyed baby murder as long as the Parliament approves it.
Neither you nor anyone else has given an argument has to why Brownlee needs total power over all these Acts.
Look, let’s say Brownlee does need the right to override or extend the Building Act and the RMA and related Acts in anyway he wants. I don’t think that’s true, but let’s say it is for the sake of moving forward. Why would he need the power to reintroduce the dealth penalty or introduce slave labour or nationalise the electricity system?
Foundation stone of democracy: don’t give powers to people that they don’t need for a justified reason.
What makes it right is if it can be justified by argument.
Who decides what argument is justified and what isn’t?
Jbanks, what answer would you like? Take your pick of:
a) historians
b) the audience
c) wikipedia
d) logic and stuff
e) our constitutional processes
f) a deity
every individual comes to their personal conclusion. that’s how all discussion and debate works.
And I want to know why you think Brownlee should have all these powers, which you admit he doesn’t need but ‘trust’ he won’t use.
Since none of you righties can offer a reason for Brownlee to have these powers, I conclude that you are reflexively assuming it’s right because it’s done by this government.
Take a moment and think. This law gives the minsiter the power to make (nearly) anything legal or illegal: it could be a Labour minister (or a Green minister, or a NZF minister) with that power after the election.
Still think it’s a good idea.
Jbanks, what answer would you like? Take your pick of:
a) historians
b) the audience
c) wikipedia
d) logic and stuff
e) our constitutional processes
f) a deity
You’re right. Just because someone thinks their argument is justified doesn’t make it so.
it may be new to you, jb, but most of us accept that there’s no such ting as objective truth. the purpose of debate is to convince the other side or the audience of the correctness of your point of view.
So, tell me again why we should give ministers the power to do anything. And if you do think that ministers ought to have the pwoer to do anything, why should we obther with democracy at all?
jbanks You’re right. Just because someone thinks their argument is justified doesn’t make it so.
Yes.
Equally, just because someone disagrees doesn’t mean that an argument is wrong.
So, the basic arguments against this legislation is that:
– it is disproportionate
– it is undemocratic
– it claims to fix a problem that hasn’t yet been shown to in fact be a problem.
So, please show us either how these arguments don’t matter, or show us that the law is in fact:
– proportionate
– democratic
– fixes a problem that exists
Nothing makes this correct. It doesn’t matter who voted for it. A terrible idea is a terrible idea.
Being committed to a representative democracy doesn’t mean that we have to unquestioningly agree with what our representatives say. Quite the reverse in fact.
Don’t you mean our exchangeable dictatorship.
Because they, like you, are stupid.
What, like kill off standing court cases to save the party leader from standing in court for stealing public money to win an election…..
it may be new to you, jb, but most of us accept that there’s no such ting as objective truth. the purpose of debate is to convince the other side or the audience of the correctness of your point of view.
Awww you say that so objectively. You better let the guys down at the Ayn Rand Institute know, they’ll be so disappointed to hear that truth is a popularity contest.
truth isn’t a popularity contest, it is come to by rational debate.
And you’ve offered no defence of this law that gives Gerry Brownlee the right, inter alia, to declare you and your family illegal aliens, except an argument that whatever Parliament agrees must be right (to which I responded with the blue-eyed baby argument, which is straight out of first year law)
what’s this got to do with Ayn Rand’s personality cult? Weird to think that Al Greenspan and others worshipped an exiled Russian atheist aristocrat who was into rough sex as a kind of Messiah. Even weirder that the Amercian Christian Right is into her now.
can anyone honestly tell whether jb genuinely appealed to the authority of the Ayn Rand Institute, or was he actually being intentionally humourous?
It’s like the early days of Laibach: are they really that far out, or is it social commentary veiled beneath performance art?
Sadly, I don’t think anybody cares. I’d be keeping my fingers crossed that GB does something so outrageous with these powers that he costs National the next election. You know, things that matter like corruption. But unless it somehow involves sex, rugby players, and Shortland St actors, our MSM is unlikely to give it any air time, and the idio^H^H^H^Hpeople of New Zealand who voted for this Government are unlikely to care (not that the last one was much better, let’s be honest, they really got old, got complacent, got tired, and gave the election to National, and they’ve barely learned). I spent almost a year recently living in a developing country, and what is sad is that the corruption their doesn’t feel much different from the corruption here. Some of it’s more obvious, but big behind the scenes stuff seems the same. Don’t kid yourself that Steven Joyce is building holiday highways because its good for the economy, he’s keeping someone happy, or that GB wants these powers only in the best interests of CHC. There’s no need to have all these powers except to abuse them.
Here’s my boyfriend’s facebook update on the matter:
“The government has given ministers the capacity to overrule most other legislation to streamline the recovery from the Canterbury earthquake. Good. Now they should use this power to approve every wind farm and mid-scale hydro project currently awaiting RMA approval, overruling the hippies. Lets build the infrastructure we need while we have the chance.”
Another day at the standard…
To any Tory who still thinks this is a good idea… here’s a hypothetical situation for you.
It’s September 2011. After losing his majority due to ACT’s complete implosion and the Māori Party’s withdrawal of support, John Key had called an early election, with the result that there is now a Labour/Māori/Green government with a narrow majority. Trevor Mallard has just been made Minister for Reconstruction, and has taken over the extraordinary powers of this Act, which he will hold for another six months or so. Do you still think it was a good idea to give him such extraordinary powers?
Daveosaurus
Well said. That was also one of the lines of consideration that was run when Labour were ramming through the EFA. Labour apologists refused to acknowledge there was anything disgusting about the tilt the playing field legislation until they were forced to face the reality. I wonder if National’s partisan hacks will consider the hypothetical you have put forward or if they will be as f##ked in the head as Labour partisan supporters and pretend there is nothing risky happening here [hands over ears – la la la la – not listening.]
This is an extraordinary piece of legislation.
First, one of the discussions and debates being had at the moment in the local paper and other media is over the danger of proceeding too speedily. Yet the justification for this law is that speed is needed in all aspects of ‘the recovery’ and that our laws might get in the way of that speed. In other words, this legislation has already pre-empted that debate.
Second, the main dangers are not dramatic announcements from Gerry Brownlee repealing massive tranches of legislation but the over-ruling of parts of legislation; an over-ruling that then gets applied in cases beyond the ‘show’ case used to explain and justify the over-ruling.
A further worry is in 2 parts:
1. National either believed it needed to pass such incredibly sweeping legislation for PR/electoral purposes or it wished to do it for purposes yet to become clear. If the former, then they are taking Canterbury people for fools. Why would any Christchurch or Canterbury residents want to open the door wide for opportunism and poorly thought out rebuilding, not to mention ‘solutions’ to their problems that they might vehemently disagree with?
What most people I’ve talked to who own severely damaged or uninhabitable homes want is (a) financial certainty; (b) inspections asap from the EQC to enable repairs/rebuilding to begin; and, (c) somewhere comfortable to live in the interim. What Christchurch people want in terms of the inner city is, overwhelmingly, time to take a deep breath and think through how we proceed. Nobody I’ve spoken to wants this rebuild mucked up. And, no matter how sweeping the legislation, affected businesses will for some time still need to make alternative arrangements for things like retail/office space to keep the cashflow going and financing (or are already resigned to going out of business).
Frankly, one of my big fears is that the three mayors on this latest government appointed Commission will go for quick ‘progress’ partly to ‘look good’ in general but partly to dole out favours, under the guise of speedy rebuilding, to those able to lobby most ‘persuasively (‘Oh, so you’re finding that law a bit inconveniencing? Well, maybe I can do something about that…I’ll have a word to Gerry, we get on very well, you know!’) – and I simply don’t trust Parker, in particular, not to use this as an opportunity to do just that (if he wins re-election). he will try to ingratiate himself with the business community even more deeply than he already has.
2. Opposition parties were so concerned about PR/electoral fallout from opposing the legislation that they rolled over. Sadly, it’s all too easy to answer jbanks’ question about why every MP voted for this: They were scared not to. Fear is not what I want from my representatives.
I agree with the post: This was utterly unnecessary and Cantabrians are going to have to be vigilant to protect themselves and their city from this latest, ironic, legislative disaster.
The only thing that could have made it any worse was if they – those bastards! – had made it retrospective legislation.
Thank Allah they didnt.
Wonder who it was who pushed through the last bit of retrospective legislation, that worst of all kinds of law making. Those bastards.
Who was it again.
Anyone?
…
When you have this legislation, retrospective legislation is pretty pointless, Bob. If the post (and NRT) is correct then this legislation “gives Brownlee the power to repeal or modify practically any law on our statute book”. I assume that means that retrospective clauses (i.e., ‘modifications’) could in theory (but one assumes not in practice) be inserted willy-nilly by Gerry Brownlee.
That’s the difference here, a difference I presume you’ll be utterly enraged about – this legislation, could make it possible to make someone guilty retrospectively for just about anything without the need to pass retrospective legislation through Parliament.
Yeah, utterly enraged, he has the potential to do stuff. Wow, do. Not did. Do. Please.
You are utterly terrified that this will lead to the incumbents being shown to be the natural administrators that your Queen Bee was. And they are.
They all are. And, despite what Jum thinks or says (man, did that comment this morning lose the coming election or what?) a good job is being done.
Ask Christchurch people. Jum pretends he did, He hasn’t, and meanwhile, in spite of irrelevances like this crap, the Gummint is getting on with it. Just like this site told them they should.
And when they do, this site fucking moans about it. LMFAO.
Yay, Parliament had the nads to stand up and act as one. Thank god the likes of MartyG(whiz, what did I miss) dont represent much more than stupidity. Ask people on the ground what they think – or wait a few weeks and see when the results come in.
Bob. This law is retrospective, back to the day of the quake. And prior to that, the Nats passed the normal retrospective legislation at the end of the year to validate public spending that was invalid under the budget legislation.
I’ve created a facebook page about this issue, all welcome:
http://www.facebook.com/group.php?gid=140135796031103&v=app_2373072738