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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- Disestablishment of Te Pūkenga beginsThe Government has begun the process of disestablishing Te Pūkenga as part of its 100-day plan, Minister for Tertiary Education and Skills Penny Simmonds says. “I have started putting that plan into action and have met with the chair and chief Executive of Te Pūkenga to advise them of my ...2 days ago
- Climate Change Minister to attend COP28 in DubaiClimate Change Minister Simon Watts will be leaving for Dubai today to attend COP28, the 28th annual UN climate summit, this week. Simon Watts says he will push for accelerated action towards the goals of the Paris Agreement, deliver New Zealand’s national statement and connect with partner countries, private sector leaders ...2 days ago
- New Zealand to host 2024 Pacific defence meetingDefence Minister Judith Collins yesterday announced New Zealand will host next year’s South Pacific Defence Ministers’ Meeting (SPDMM). “Having just returned from this year’s meeting in Nouméa, I witnessed first-hand the value of meeting with my Pacific counterparts to discuss regional security and defence matters. I welcome the opportunity to ...2 days ago
- Study shows need to remove distractions in classThe Government is committed to lifting school achievement in the basics and that starts with removing distractions so young people can focus on their learning, Education Minister Erica Stanford says. The 2022 PISA results released this week found that Kiwi kids ranked 5th in the world for being distracted ...3 days ago
- Minister sets expectations of CommissionerToday I met with Police Commissioner Andrew Coster to set out my expectations, which he has agreed to, says Police Minister Mark Mitchell. Under section 16(1) of the Policing Act 2008, the Minister can expect the Police Commissioner to deliver on the Government’s direction and priorities, as now outlined in ...3 days ago
- New Zealand needs a strong and stable ETSNew Zealand needs a strong and stable Emissions Trading Scheme (ETS) that is well placed for the future, after emission units failed to sell for the fourth and final auction of the year, Climate Change Minister Simon Watts says. At today’s auction, 15 million New Zealand units (NZUs) – each ...3 days ago
- PISA results show urgent need to teach the basicsWith 2022 PISA results showing a decline in achievement, Education Minister Erica Stanford is confident that the Coalition Government’s 100-day plan for education will improve outcomes for Kiwi kids. The 2022 PISA results show a significant decline in the performance of 15-year-old students in maths compared to 2018 and confirms ...4 days ago
- Collins leaves for Pacific defence meetingDefence Minister Judith Collins today departed for New Caledonia to attend the 8th annual South Pacific Defence Ministers’ meeting (SPDMM). “This meeting is an excellent opportunity to meet face-to-face with my Pacific counterparts to discuss regional security matters and to demonstrate our ongoing commitment to the Pacific,” Judith Collins says. ...5 days ago
- Working for Families gets cost of living boostPutting more money in the pockets of hard-working families is a priority of this Coalition Government, starting with an increase to Working for Families, Prime Minister Christopher Luxon says. “We are starting our 100-day plan with a laser focus on bringing down the cost of living, because that is what ...5 days ago
- Post-Cabinet press conferenceMost weeks, following Cabinet, the Prime Minister holds a press conference for members of the Parliamentary Press Gallery. This page contains the transcripts from those press conferences, which are supplied by Hansard to the Office of the Prime Minister. It is important to note that the transcripts have not been edited ...5 days ago
- Lake Onslow pumped hydro scheme scrappedThe Government has axed the $16 billion Lake Onslow pumped hydro scheme championed by the previous government, Energy Minister Simeon Brown says. “This hugely wasteful project was pouring money down the drain at a time when we need to be reining in spending and focussing on rebuilding the economy and ...7 days ago
- NZ welcomes further pause in fighting in GazaNew Zealand welcomes the further one-day extension of the pause in fighting, which will allow the delivery of more urgently-needed humanitarian aid into Gaza and the release of more hostages, Foreign Minister Winston Peters said. “The human cost of the conflict is horrific, and New Zealand wants to see the violence ...1 week ago
- Condolences on passing of Henry KissingerForeign Minister Winston Peters today expressed on behalf of the New Zealand Government his condolences to the family of former US Secretary of State Henry Kissinger, who has passed away at the age of 100 at his home in Connecticut. “While opinions on his legacy are varied, Secretary Kissinger was ...1 week ago
- Backing our kids to learn the basicsEvery child deserves a world-leading education, and the Coalition Government is making that a priority as part of its 100-day plan. Education Minister Erica Stanford says that will start with banning cellphone use at school and ensuring all primary students spend one hour on reading, writing, and maths each day. ...1 week ago
- US Business Summit Speech – Regional stability through tradeI would like to begin by echoing the Prime Minister’s thanks to the organisers of this Summit, Fran O’Sullivan and the Auckland Business Chamber. I want to also acknowledge the many leading exporters, sector representatives, diplomats, and other leaders we have joining us in the room. In particular, I would like ...1 week ago
- Keynote Address to the United States Business Summit, AucklandGood morning. Thank you, Rosemary, for your warm introduction, and to Fran and Simon for this opportunity to make some brief comments about New Zealand’s relationship with the United States. This is also a chance to acknowledge my colleague, Minister for Trade Todd McClay, Ambassador Tom Udall, Secretary of Foreign ...1 week ago
- India New Zealand Business Council Speech, India as a Strategic PriorityGood morning, tēnā koutou and namaskar. Many thanks, Michael, for your warm welcome. I would like to acknowledge the work of the India New Zealand Business Council in facilitating today’s event and for the Council’s broader work in supporting a coordinated approach for lifting New Zealand-India relations. I want to also ...1 week ago
- Coalition Government unveils 100-day planPrime Minister Christopher Luxon has laid out the Coalition Government’s plan for its first 100 days from today. “The last few years have been incredibly tough for so many New Zealanders. People have put their trust in National, ACT and NZ First to steer them towards a better, more prosperous ...1 week ago
- New Zealand welcomes European Parliament vote on the NZ-EU Free Trade AgreementA significant milestone in ratifying the NZ-EU Free Trade Agreement (FTA) was reached last night, with 524 of the 705 member European Parliament voting in favour to approve the agreement. “I’m delighted to hear of the successful vote to approve the NZ-EU FTA in the European Parliament overnight. This is ...2 weeks ago
- Ngāpuhi hapū gather to receive Tribunal report on Treaty grievances
A landmark Waitangi Tribunal report into injustices suffered by Ngāpuhi will strengthen the iwi's case as it looks to restart its stalled Treaty settlement negotiations, a hapū leader says. ...5 hours ago - ‘We’re legit filmmakers’: The story behind Viva La Dirt League’s epic new studio
In just 18 months, the Auckland-based YouTube channel has gone from working from home and out of cafes to a brand new multi-million dollar studio. Sam Brooks asks the trio how they pulled it off, and what they’re planning to do with it. On December 4, a video called “The ...15 hours ago - Focus on Politics: Māori dissent sets the scene as Parliament returnsThe resumption of Parliament this week has been underlined by outcry from Māori, soon matched by fury within the debating chamber. ...15 hours ago
- ‘Childish, immature, disgusting’: Why TV viewers are mad at Anika Moa this timeThe Anika Moa Unleashed host unleashes her thoughts on After the Party, Paul Holmes, The Walking Dead, stalking celebrities and more. Anika Moa has a proud history of angering strangers online, whether it’s due to her tattoos, her love life, or something else entirely. When she sits down with The ...17 hours ago
- Rod Oram: Words, crowds and Kiwis at global climate summit
Searching widely for ways to overcome deep opposition by fossil fuel nations to a phase-out of their products, the President of COP28 enlisted an ally while negotiators sought subtler language yesterday. “We have been asked by the UAE presidency to help find common language that will be acceptable ...17 hours ago - Food writing isn’t really about foodWith a topic so universal, it’s almost always about something bigger. Consider the contents of your fridge. What kinds of fruits and vegetables are in your crisper drawer? How much did that block of cheese set you back? Where did you source most of this kai from? Are there ingredients ...18 hours ago
- Long Read: The grief birdYou can read the full story, plus see photographs from Craig McKenzie, in the November-December issue of New Zealand Geographic magazine, or on their website. The bittern’s eerie, booming call sounds like a lament, a tangi ringing across the marshes. Now, the birds themselves are in trouble. ...19 hours ago
- Theatrical performance: does music work for surgery?Opinion: You may have been there, waiting your turn, wearing an ill-fitting hospital gown, surrounded by a flurry of staff, the smell of disinfectant in the air. If you’ve ever undergone surgery, you probably know the nervous, stress-laden pre-op feeling. What may come as a surprise is that ...20 hours ago
- Short story: Beautiful Isolation, by Catherine Chidgey1. In the evening and in the night, I sit on the balcony and think of you. I can’t see the water but I know it’s there, soft and slow. We bathed in it that last day, you and I, when the dusk hung heavy as cloth of gold ...20 hours ago
- Togs, togs, undies: The story behind NZ’s most iconic summer adAlex Casey unearths the origin story of an New Zealand icon – featuring a surprise cameo from an international comedy megastar. At first glance, the Facebook post from a Waipu cafe reads like any other heartfelt change in ownership announcement. “George and Amber have reflected on their involvement in our ...20 hours ago
- Their house, my garden: What to do when your plant is boltingThis week on Their house, my garden, why my spinach plant has grown suspiciously tall, and how to deal with your own over-eager plants. Beginner gardeners would be forgiven for thinking a plant growing tall is reason to celebrate. We are, after all, the kind of species who mark door ...20 hours ago
- Government rocked by second leak in five days, ministers suspend analysis of repeal proposalsThe new government has been rocked by the leaking of another confidential paper to the New Zealand Herald - the second to spill in just five days. ...1 day ago
- 'He gets it' – Christopher Luxon impresses locals on first visit to cyclone-battered...Luxon drove the crumbling SH2 with a handful of MPs on Friday morning to reach the small town, gauge progress of its recovery, and learn what it needs from the new government. ...1 day ago
- Israel’s AI can produce 100 bombing targets a day in Gaza. Is this the future of war?
Source: The Conversation (Au and NZ) – By Bianca Baggiarini, Lecturer, Australian National University Last week, reports emerged that the Israel Defense Forces (IDF) are using an artificial intelligence (AI) system called Habsora (Hebrew for “The Gospel”) to select targets in the war on Hamas in Gaza. The system has ...1 day ago - Frank and far-reaching: Senate report recommends shake-up of the way freedom of information is handl...Source: The Conversation (Au and NZ) – By Johan Lidberg, Associate Professor, School of Media, Film and Journalism, Monash University The most significant recommendation in the Senate inquiry report on the functionality of the Commonwealth FOI system is this: move the federal Freedom of Information (FOI) function from the Office ...1 day ago
- Week in Politics: New government survives first Question TimeAnalysis: The government was under attack on multiple fronts during a week of relentless criticism and then faced its first Question Time in Parliament, Peter Wilson writes. ...1 day ago
- This is the endWell, it’s 4.30pm on a Friday which feels as appropriate time as ever to say goodbye. The Spinoff’s live updates have come to an end, almost four years after they were first switched on. If you missed my explainer this morning of what’s going on, here it is. In short: ...1 day ago
- Taken together, the NDIS review and the royal commission recommendations could transform disability ...Source: The Conversation (Au and NZ) – By Di Winkler, Adjunct Associate Professor, La Trobe University Shutterstock A home – in the physical and emotional sense – is foundational to living an ordinary life with a feeling of inclusion. National Disability Insurance Scheme (NDIS) participants with the highest ...1 day ago
- Fire ants are on the march. Here’s what happens when they stingSource: The Conversation (Au and NZ) – By Darren Roberts, Conjoint Associate Professor in clinical pharmacology and toxicology, St Vincent’s Healthcare Clinical Campus, UNSW Sydney Veronika Kunitsyna/Shutterstock Red imported fire ants are a particularly nasty type of ant because they are aggressive, and inflict painful stings that may ...1 day ago
- Watch: Luxon on Hawke's Bay cyclone recovery: 'We don't want to turn all that upside ...Christopher Luxon says the new government is going to continue everything that the previous one put into place to help with the recovery from Cyclone Gabrielle. ...1 day ago
- Waka Kotahi to use its English name first after pressure from governmentWaka Kotahi will begin referring to itself using its English name first after pressure from parties in the coalition government. ...1 day ago
- Investigation into alleged vaccine data breach ongoingTe Whatu Ora is continuing to investigate after a data breach that saw vaccine-related information shared online last week. The agency is liaising with the Privacy Commissioner and said it will make “any appropriate notifications” if individuals were impacted by the breach. “Alongside the work to identify the material allegedly ...1 day ago
- Watch – Christopher Luxon visits Hawke's Bay to see cyclone recovery progressLive - Prime Minister Christopher Luxon has been in Wairoa this morning to gauge progress of the town's recovery from Cyclone Gabrielle. Watch a media conference with him here. ...1 day ago
- XYZZY is a buzzy good time at the StardomeSam Brooks reviews a new immersive film experience at Auckland’s planetarium. Journalists get invited to review things all the time. Books, films, shows, exhibitions, all of it. I say yes to a lot of them and “no, sorry” to a bit more. Very rarely do I go, “Absolutely I need ...1 day ago
- Waka Kotahi back to being NZTA, board members quitWaka Kotahi has begun the process of re-adopting its former name, the New Zealand Transport Agency (or NZTA). It follows a directive from the new government that public agencies should have their primary name in English and not te reo. This came as part of the coalition deal between National ...1 day ago
- Yes, landlords gain from the repeal of interest deductibility rules – but it was a flawed law from...Source: The Conversation (Au and NZ) – By Alison Pavlovich, Senior lecturer in the School of Accounting and Commercial Law, Te Herenga Waka — Victoria University of Wellington The new coalition government has announced a suite of tax reforms, including reintroducing the ability for property investors to deduct the interest ...1 day ago
- The Unity Books bestseller chart for the week ending December 8The 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 The Bee Sting by Paul Murray (Hamish Hamilton, $37) The runner-up for the 2023 Booker Prize ...1 day ago
- The Friday Poem: ‘a retreat’ by Jasmine O M TaylorA new poem by Ōtepoti poet Jasmine O M Taylor. a retreat if you find a chance before they’ve all melted into the air find time to get on a glacier and find a cave in the glacier and go inside the cave inside the glacier it will speak to ...1 day ago
- Gone By Lunchtime: Do Te Pāti Māori-led protests set the tone for the term ahead?Our award-winning podcast assesses the opening stanza of the Luxon-led government. After the long, serene political gap as coalition talks went on, politics has roared back with plenty of shouting and not so much rizz. Toby Manhire, Ben Thomas and Annabelle Lee-Mather assess the early exchanges, including Winston Peters’ ...1 day ago
- The Amalgamated Workers Union Calls On The Government To Give Fair Pay Agreements A Fair Go
“The new government has a clear choice to make before Christmas. Do they live up to their stated intention of governing for all New Zealanders, or do they dash the hopes of tens of thousands of kiwi workers by unilaterally abolishing Fair Pay ...2 days ago - What does El Niño do to the weather in your state?Source: The Conversation (Au and NZ) – By Kimberley Reid, Postdoctoral Research Fellow in Atmospheric Sciences, Monash University titoOnz, Shutterstock You’ve probably heard El Niño brings hot and dry weather to the eastern states, but what about the rest of Australia? Are we all in for a scorcher ...2 days ago
- Australia’s first mobile cooling hub is ready for searing heat this summer – and people who are ...Source: The Conversation (Au and NZ) – By Jane Currie, Professor of Nursing, Queensland University of Technology Shutterstock Heatwaves are a major public health hazard. Socially disadvantaged people are especially exposed to extreme heat and other impacts of climate change. Many people experiencing homelessness – more than 120,000 ...2 days ago
- Free Speech Union Releases Briefing To Incoming Government, Outlining Key Areas Of Policy To Protect...The Free Speech Union has sent 14 Cabinet Ministers a comprehensive Briefing to the Incoming Government, outlining five key areas of policy that the Government must address in order to protect and expand Kiwis’ speech rights. We look forward to ...2 days ago
- Interislander ferry upgrade: Finance Minister warns of cost blowoutFinance Minister Nicola Willis says she has already met twice with KiwiRail bosses over a "major cost blowout" in the project to replace the Interislander ferries. ...2 days ago
- A rangatahi Māori perspective on Cop28With the new government gaining international infamy for its climate policy, for rangatahi Māori like Kaeden Watts, attending climate conferences is more important than ever. Every year world leaders meet for the annual Conference of the Parties (Cop), the world’s most powerful climate crisis conference. Despite Cop being criticised for ...2 days ago
- BBC host denies she was ‘flipping the bird’ after live faux pasAccidental Partridge is one of my favourite Twitter (I am never going to call it X) accounts, and given today is the last day of live updates I think it’s absolutely fair I include a video from it. If you don’t know why it’s called Accidental Partridge, go watch all ...2 days ago
- National Trying To Rewrite History By Removing App Tax Website And Press ReleaseThe Taxpayers’ Union is calling on the National Party to front up to consumers who will face 15% higher prices for some services from the likes of Uber, Airbnb and food delivery apps after their app tax U-turn rather than trying to erase all ...2 days ago
- Netballers may have a new pay deal, but the sport remains in a precarious positionSource: The Conversation (Au and NZ) – By Hunter Fujak, Lecturer in Sport Management, Deakin University While 2023 was a watershed year for Australian women’s sport due to the Matildas’ stirring run at the Women’s World Cup, netball is going through its worst period ever. Netball Australia and the ...2 days ago
- PM Luxon visits cyclone-hit parts of Hawke’s BayThe prime minister is spending the day out of Wellington, touring parts of cyclone-damaged Hawke’s Bay and meeting with senior leaders in the community. Christopher Luxon began the day in Wairoa, where he met with mayor Craig Little. Later, he’ll head to Napier for a meeting with regional council members. ...2 days ago
- The dark shadow over the NZ TV AwardsHow will the new government look at our television? Duncan Greive reflects on this year’s awards ceremony. This is an excerpt from The Spinoff’s weekly pop culture newsletter Rec Room. Sign up here. The NZ TV Awards took place in downtown Auckland on Tuesday, which coincided with Te Pāti Māori’s National Māori ...2 days ago
- Wellington Mayor Tory Whanau’s Platitudes Ring HollowResponding to news that Wellington City Councillors have voted down a proposal to reduce business rates in the capital, Taxpayers’ Union Policy Adviser, James Ross, said: “When Mayor Tory Whanau comes out with a line like ‘I couldn’t in good ...2 days ago
- Te Pūkenga to be replaced with 8-10 institutions – ministerThe new tertiary education minister says Te Pūkenga will be replaced with eight to 10 individual institutions, and hopes legislation will be in place within eight months. ...2 days ago
- Commission Presents Urgent Human Rights ‘must-do’ ListTe Kāhui Tika Tangata Human Rights Commission has today launched a short film calling for the public and government to champion and protect human rights ahead of the 75th anniversary of the Universal Declaration of Human Rights. “Seventy-five years on, ...2 days ago
- A Cowardly, Anti-Palestinian Parliamentary MotionThe parliamentary motion passed today , a full two months after Israel’s slaughter of Palestinian civilians began, says: "Express grave concern at the ongoing violence in Israel and the occupied Palestinian Territories, unequivocally condemn ...2 days ago
- Political editors panel: Māori make voices heard as Parliament resumesMorning Report - RNZ and 1News deputy political editors Craig McCulloch and Maiki Sherman dissect a fractious week in the halls of power. ...2 days ago
- Listen: The real cost of the smoking excise taxTo replace $700 million a year of revenues lost from a foreign buyers tax, the new coalition government is dumping the previous government’s smokefree 2025 goal. This relaxing of policies will keep more people smoking for longer, costing thousands of lives per year and at least $10 billion is extra ...2 days ago
- Is the London OE still worth it?London has always been a hard place to live, but in 2023, it’s almost impossible. Charlotte Doyle, a New Zealander currently living in London, explores why we keep heading there. “You’re dreaming,” the letting agent tells me impatiently over the phone. “A one-bedroom for £1,500 per month is a needle ...2 days ago
- GCSB Minister Judith Collins condemns Russian cyber attacksNew Zealand is joining other nations, including Britain, in condemning Russian government malicious cyber-attacks. ...2 days ago
- GCSB Minister Judith Collins condemns Russian cyber attacksNew Zealand is joining other nations, including Britain, in condemning Russian government malicious cyber-attacks. ...2 days ago
- Ryan Bridge to host Three’s new 7pm showWith The Project wrapping up last week (you can read Duncan Greive’s excellent reflections on that here), Warner Bros Discovery has announced broadcaster Ryan Bridge will host a brand new current affairs show for Three. The currently unnamed show will focus on live news and interviews and is a return ...2 days ago
- We thought we’d find 200 species living in our house and yard. We were very wrongSource: The Conversation (Au and NZ) – By Matthew H. Holden, Lecturer, School of Mathematics and Physics, The University of Queensland Dot-underwing moth (_Eudocima materna_) found in the researchers’ yard. Matthew Holden, CC BY-NC We are biodiversity researchers – an ecologist, a mathematician and a taxonomist – who were locked ...2 days ago
- What’s the difference between ‘reasonable and necessary’ and ‘foundational’ supports? Here...Source: The Conversation (Au and NZ) – By Sam Bennett, Disability Program Director, Grattan Institute The long-awaited NDIS review has looked far beyond the National Disability Insurance Scheme, taking a bird’s eye view of disability services in Australia. Critical to the future of the NDIS are services for people with ...2 days ago
- Harnessing the oceans to ‘bury’ carbon has huge potential – and risk – so NZ needs to move w...Source: The Conversation (Au and NZ) – By Rebecca J McLeod, Senior Research Fellow in Marine Ecology, University of Otago Climate change might not be high on its immediate agenda, but New Zealand’s new government does have one potentially significant and innovative policy. Recognising the marine environment’s ability to remove ...2 days ago
- Councils are opening the door to tiny houses as a quick, affordable and green solutionSource: The Conversation (Au and NZ) – By Hing-Wah Chau, Course Chair in Building Design & Senior Lecturer in Built Environment, Victoria University Soaring rents and home prices, increasing mortgage stress, record immigration and a growing population are fuelling a housing crisis and increasing homelessness. In the face of this ...2 days ago
- I’m an expert in diplomatic gift giving. Here are my 5 top tips for the best Christmas present exc...Source: The Conversation (Au and NZ) – By Samantha Happé, Graduate researcher in art history and material culture studies, The University of Melbourne Shutterstock As we get closer to Christmas, your family will probably have some kind of gathering. You will reunite with people who you might not ...2 days ago
- The Bulletin: Covid data leaker was largely unknown in conspiracy circlesTe Whatu Ora IT worker Barry Young had a “relatively muted” digital presence prior to his arrest last week over a massive Covid data breach, Stuff reports. Young has since become something of a cause celebre among vacccine sceptics, appearing on online shows hosted by local conspiracy theorist Liz Gunn and ...2 days ago
- Home Brew back with first album in over a decade and slot at LanewayAfter an 11 year hiatus, legendary Aotearoa hip-hop group Home Brew are back today with their first new album in over a decade, Run it Back, and will continue that reunion at Laneway Festival in February. Breaking their indefinite hiatus, Run it Back comes off the back off the 2023 ...2 days ago
- MPs settle into new roles as parliament cranks back into actionThere may be less than a fortnight left in the political year, but politicians seem determined to make the final days count, writes Catherine McGregor in this excerpt from The Bulletin, The Spinoff’s morning news round-up. To receive The Bulletin in full each weekday, sign up here. Question time is ...2 days ago
- Literacy, numeracy tests as NCEA requirement 'detrimental' to learnersA leading education researcher warns new high-stakes NCEA literacy and maths tests could do more harm than good. ...2 days ago
- Labour's Damien O'Connor goes against party policy in calling Israel's actions in Gaz...Labour's leader says O'Connor is "incredibly passionate" about the issue but party policy is that relevant international bodies will determine whether Israel's actions are lawful. ...2 days ago
- Farewell, live updates: Why we’re shifting our approach to daily newsThe Spinoff’s live updates editor reflects on three-and-a-half years in the role, and looks forward to what’s next. Today marks the final day of live updates on The Spinoff. It’s a big day for me given I have been editing the live updates since mid-2020, but it’s also a big ...2 days ago
- Chris Hipkins opens up on what went wrong at the 2023 electionOn a quiet morning before the first parliamentary question time of the new term, Chris Hipkins and Christopher Luxon took a moment to analyse and reflect on their election campaigns. When Chris Hipkins was sworn in as prime minister on January 21, 2023, he had a feeling of optimism and ...2 days ago
- McGoverne returns in search of the FernLiv McGoverne has just returned from an enjoyable season playing rugby in England, but playing there in a Black Ferns jersey, on the sport’s biggest stage, remains the ultimate goal. McGoverne, 26, played the 2022-23 campaign for Exeter Chiefs in the Premier 15s competition. Coached by former England half-back ...2 days ago
- This week’s bestselling NZ booksFICTION 1 The Girl from London by Olivia Spooner (Hachette, $37.99) An ideal Xmas present for the commercial fiction reader who would relish a wartime story of a shipboard romance. 2 The Axeman’s Carnival by Catherine Chidgey (Te Herenga Waka University Press, $35) An ideal Xmas present for the ...2 days ago
- Wayne Brown: ‘Govt has underfunded road renewals in Auckland for years’After most of a billion dollars and six years’ work, the Puhoi to Warkworth section of State Highway 1 has been warmly received by long-distance motorists no longer slowed down by small town traffic lights. Where once cars would back bumper to bumper on a Sunday evening, now the ...2 days ago
- School’s back in session at ParliamentThe first regular sitting day of the new Parliament took place on Thursday and the country got a peek at what Question Time will look like over the next three years. The sitting started with a rare moment of cross-party unity, when the Government adopted Labour MP Phil Twyford’s ...2 days ago
- City deals can drive Auckland to international levelsThe generational infrastructure deficit has a massive impact on cities The post City deals can drive Auckland to international levels appeared first on Newsroom. ...2 days ago
- COP28’s chaotic talkfest on climate changeIt could be the most consequential international climate change conference yet, but it’s being held in the United Arab Emirates, one of the world’s major oil producers and led by one of the country’s top oil bosses. Newsroom journalist Rod Oram is attending COP28 and joins The Detail from ...2 days ago
- Daily crossword, Friday 8 DecemberThe post Daily crossword, Friday 8 December appeared first on Newsroom. ...2 days ago
- Newsroom daily quiz, Friday 8 DecemberLoading…(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 8 December appeared first on Newsroom. ...2 days ago
- The ‘troubled-teen’ industry and conflicts of interest in Family CourtOpinion: Courts are halls of justice, but they are also well-financed institutional purchasers of goods and services, outsourcing much of their work to private consultants and contractors, including lawyers, advocates, psychologists, social workers, and drug counsellors who earn their living from court contracts. Though there is nothing inherently wrong ...2 days ago
- Politicians won’t close ‘dire, dismal and awful’ gaps in climate dealAnalysis: The United Nations’ COP28 climate negotiations have begun their final phase with only five days or so left to agree a wide range of measures designed to accelerate nations’ climate responses in coming years. While the draft text prepared by government officials over the past week has some ...2 days ago
- Hipkins: ‘We were swimming upstream the whole way through the year’Labour winning required a lot of things to go right, and Chris Hipkins says they didn't The post Hipkins: ‘We were swimming upstream the whole way through the year’ appeared first on Newsroom. ...2 days ago
- How New Zealand could stop producing fossil fuelsPhasing out fossil fuels is the subject of much negotiation at Cop28 this week. But the wording will be fiercely debated, and the presence of fossil fuel lobbyists looms large. This is an excerpt from our weekly environmental newsletter Future Proof, brought to you by AMP. Sign up here. The government’s plans ...2 days ago
- Helping the Pacific financially is a great start – but Australia must act on the root cause of the...Source: The Conversation (Au and NZ) – By Wesley Morgan, Research Fellow, Griffith Asia Institute, Griffith University Fiji was flooded by a severe cyclone in 2016. ChameleonsEye/Shutterstock The federal government has announced an extra A$150 million for climate finance – including $100 million for the Pacific to help protect its ...2 days ago
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