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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- Opportunity to build a more sustainable economyGreen Party co-leader Marama Davidson is calling on all parties to support a common-sense change that’s great for the planet and great for consumers after her member’s bill was drawn from the ballot today. ...1 week ago
- Significant step forward in fixing cruel and unjust pastA significant milestone has been reached in the fight to strike an anti-Pasifika and unfair law from the country’s books after Teanau Tuiono’s members’ bill passed its first reading. ...1 week ago
- Missed opportunity but NZ will surely one day recognise the right to a sustainable environmentNew Zealand has today missed the opportunity to uphold the right to a clean, healthy, and sustainable environment, says James Shaw after his member’s bill was voted down in its first reading. ...1 week ago
- Release: Don’t cut our lunches – clear message sent to GovernmentTens of thousands of people are demanding the Government commits to fully funding free and healthy school lunches. ...1 week ago
- Release: Govt makes U-turn on Suicide Prevention OfficeLabour welcomes the Government’s U-turn on the closure of the Suicide Prevention Office, says Labour Mental Health spokesperson Ingrid Leary. ...1 week ago
- CCC issues warning over further climate delayToday’s advice from the Climate Change Commission paints a sobering reality of the challenge we face in combating climate change, especially in light of recent Government policy announcements. ...2 weeks ago
- Luxon targets are lousy example of leadershipIf talk is cheap, Chris Luxon’s “targets” are bankrupt. ...2 weeks ago
- Luxon targets lame and lousy example of leadershipIf talk is cheap, Chris Luxon’s “targets” are bankrupt. ...2 weeks ago
- Release: Commitment to disability communities missing from Govt prioritiesMinister for Disability Issues Penny Simmonds appears to have delayed a report back to Cabinet on the progress New Zealand is making against international obligations for disabled New Zealanders. ...2 weeks ago
- Methane target review is dangerous duplicationThe Government’s newly announced review of methane emissions reduction targets hints at its desire to delay Aotearoa New Zealand’s urgent transition to a climate safe future, the Green Party said. ...2 weeks ago
- Release: Government must commit to school building project for disabled studentsThe Government must commit to the Maitai School building project for students with high and complex needs, to ensure disabled students from the top of the South Island have somewhere to learn. ...2 weeks ago
- Release: National must take mental health seriouslyMental Health Minister Matt Doocey and his Government colleagues have made a meal of their mental health commitments, showing how flimsy their efforts to champion the issue truly are, says Labour Mental Health spokesperson Ingrid Leary. ...2 weeks ago
- Referendums for Māori wards a racist step backwardsThe Government's imposed referendum on Māori wards is a racist step backwards for Māori representation, and disregards Te Tiriti o Waitangi. ...2 weeks ago
- Release: Job losses at Health not worth it for tax cutsNew Zealand will feel the harm of the National Government’s reckless cuts to jobs at the health ministry for generations, says Ayesha Verrall. ...2 weeks ago
- Press release: No Māori initiatives in Government’s nothing planMāori are yet to see anything from this Government except cuts, reversals and taking our people backwards, Māori Development spokesperson Willie Jackson said. ...2 weeks ago
- Thirty six point PR spinThe Government’s ‘36 point’ plan for the next three months is as pointless as it is hollow. ...3 weeks ago
- Thirty six point PR spinThe Government’s ‘36 point’ plan for the next three months is as pointless as it is hollow. ...3 weeks ago
- Thirty six point PR spinThe Government’s ‘36 point’ plan for the next three months is as pointless as it is hollow. ...3 weeks ago
- Release: Social housing off Government’s to-do listThe Coalition Government’s refusal to commit to ongoing funding for social housing is seeing the sector pull back on developments and families watch their dreams of securing a home fade away, says Labour Housing spokesperson Kieran McAnulty. ...3 weeks ago
- Release: Less money in most people’s pockets this AprilChanges to minimum wage and benefit indexation means many New Zealanders will get less this year, as the Government gives a big tax break to landlords instead. ...3 weeks ago
- $41m to support clean energy in South East Asia
New Zealand is demonstrating its commitment to reducing global greenhouse emissions, and supporting clean energy transition in South East Asia, through a contribution of NZ$41 million (US$25 million) in climate finance to the Asian Development Bank (ADB)-led Energy Transition Mechanism (ETM). Prime Minister Christopher Luxon and Climate Change Minister Simon Watts announced ...7 hours ago - Minister releases Fast-track stakeholder listThe Government is today releasing a list of organisations who received letters about the Fast-track applications process, says RMA Reform Minister Chris Bishop. “Recently Ministers and agencies have received a series of OIA requests for a list of organisations to whom I wrote with information on applying to have a ...10 hours ago
- Judicial appointments announcedAttorney-General Judith Collins today announced the appointment of Wellington Barrister David Jonathan Boldt as a Judge of the High Court, and the Honourable Justice Matthew Palmer as a Judge of the Court of Appeal. Justice Boldt graduated with an LLB from Victoria University of Wellington in 1990, and also holds ...10 hours ago
- Education Minister heads to major teaching summit in SingaporeEducation Minister Erica Stanford will lead the New Zealand delegation at the 2024 International Summit on the Teaching Profession (ISTP) held in Singapore. The delegation includes representatives from the Post Primary Teachers’ Association (PPTA) Te Wehengarua and the New Zealand Educational Institute (NZEI) Te Riu Roa. The summit is co-hosted ...11 hours ago
- Value of stopbank project proven during cycloneA stopbank upgrade project in Tairawhiti partly funded by the Government has increased flood resilience for around 7000ha of residential and horticultural land so far, Regional Development Minister Shane Jones says. Mr Jones today attended a dawn service in Gisborne to mark the end of the first stage of the ...11 hours ago
- Anzac commemorations, Türkiye relationship focus of visitForeign Affairs Minister Winston Peters will represent the Government at Anzac Day commemorations on the Gallipoli Peninsula next week and engage with senior representatives of the Turkish government in Istanbul. “The Gallipoli campaign is a defining event in our history. It will be a privilege to share the occasion ...12 hours ago
- Minister to Europe for OECD meeting, Anzac DayScience, Innovation and Technology and Defence Minister Judith Collins will next week attend the OECD Science and Technology Ministerial conference in Paris and Anzac Day commemorations in Belgium. “Science, innovation and technology have a major role to play in rebuilding our economy and achieving better health, environmental and social outcomes ...14 hours ago
- Comprehensive Partnership the goal for NZ and the PhilippinesPrime Minister Christopher Luxon held a bilateral meeting today with the President of the Philippines, Ferdinand Marcos Jr. The Prime Minister was accompanied by MP Paulo Garcia, the first Filipino to be elected to a legislature outside the Philippines. During today’s meeting, Prime Minister Luxon and President Marcos Jr discussed opportunities to ...1 day ago
- Government commits $20m to Westport flood protectionThe Government has announced that $20 million in funding will be made available to Westport to fund much needed flood protection around the town. This measure will significantly improve the resilience of the community, says Local Government Minister Simeon Brown. “The Westport community has already been allocated almost $3 million ...1 day ago
- Taupō takes pole positionThe Government is proud to support the first ever Repco Supercars Championship event in Taupō as up to 70,000 motorsport fans attend the Taupō International Motorsport Park this weekend, says Economic Development Minister Melissa Lee. “Anticipation for the ITM Taupō Super400 is huge, with tickets and accommodation selling out weeks ...1 day ago
- Cost of living support for low-income homeownersLocal Government Minister Simeon Brown has announced an increase to the Rates Rebate Scheme, putting money back into the pockets of low-income homeowners. “The coalition Government is committed to bringing down the cost of living for New Zealanders. That includes targeted support for those Kiwis who are doing things tough, such ...1 day ago
- Government backing mussel spat projectThe Coalition Government is investing in a project to boost survival rates of New Zealand mussels and grow the industry, Oceans and Fisheries Minister Shane Jones has announced. “This project seeks to increase the resilience of our mussels and significantly boost the sector’s productivity,” Mr Jones says. “The project - ...1 day ago
- Government focused on getting people into workBenefit figures released today underscore the importance of the Government’s plan to rebuild the economy and have 50,000 fewer people on Jobseeker Support, Social Development and Employment Minister Louise Upston says. “Benefit numbers are still significantly higher than when National was last in government, when there was about 70,000 fewer ...2 days ago
- Clean energy key driver to reducing emissionsThe Government’s commitment to doubling New Zealand’s renewable energy capacity is backed by new data showing that clean energy has helped the country reach its lowest annual gross emissions since 1999, Climate Change Minister Simon Watts says. New Zealand’s latest Greenhouse Gas Inventory (1990-2022) published today, shows gross emissions fell ...2 days ago
- Earthquake-prone buildings review brought forwardThe Government is bringing the earthquake-prone building review forward, with work to start immediately, and extending the deadline for remediations by four years, Building and Construction Minister Chris Penk says. “Our Government is focused on rebuilding the economy. A key part of our plan is to cut red tape that ...2 days ago
- Thailand and NZ to agree to Strategic PartnershipPrime Minister Christopher Luxon and his Thai counterpart, Prime Minister Srettha Thavisin, have today agreed that New Zealand and the Kingdom of Thailand will upgrade the bilateral relationship to a Strategic Partnership by 2026. “New Zealand and Thailand have a lot to offer each other. We have a strong mutual desire to build ...2 days ago
- Government consults on extending coastal permits for portsRMA Reform Minister Chris Bishop and Transport Minister Simeon Brown have today announced the Coalition Government’s intention to extend port coastal permits for a further 20 years, providing port operators with certainty to continue their operations. “The introduction of the Resource Management Act in 1991 required ports to obtain coastal ...2 days ago
- Inflation coming down, but more work to doToday’s announcement that inflation is down to 4 per cent is encouraging news for Kiwis, but there is more work to be done - underlining the importance of the Government’s plan to get the economy back on track, acting Finance Minister Chris Bishop says. “Inflation is now at 4 per ...2 days ago
- School attendance restored as a priority in health adviceRefreshed health guidance released today will help parents and schools make informed decisions about whether their child needs to be in school, addressing one of the key issues affecting school attendance, says Associate Education Minister David Seymour. In recent years, consistently across all school terms, short-term illness or medical reasons ...3 days ago
- Unnecessary bureaucracy cut in oceans sectorOceans and Fisheries Minister Shane Jones is streamlining high-level oceans management while maintaining a focus on supporting the sector’s role in the export-led recovery of the economy. “I am working to realise the untapped potential of our fishing and aquaculture sector. To achieve that we need to be smarter with ...3 days ago
- Patterson promoting NZ’s wool sector at International CongressAssociate Agriculture Minister Mark Patterson is speaking at the International Wool Textile Organisation Congress in Adelaide, promoting New Zealand wool, and outlining the coalition Government’s support for the revitalisation the sector. "New Zealand’s wool exports reached $400 million in the year to 30 June 2023, and the coalition Government ...3 days ago
- Removing red tape to help early learners thriveThe Government is making legislative changes to make it easier for new early learning services to be established, and for existing services to operate, Associate Education Minister David Seymour says. The changes involve repealing the network approval provisions that apply when someone wants to establish a new early learning service, ...4 days ago
- RMA changes to cut coal mining consent red tapeChanges to the Resource Management Act will align consenting for coal mining to other forms of mining to reduce barriers that are holding back economic development, Resources Minister Shane Jones says. “The inconsistent treatment of coal mining compared with other extractive activities is burdensome red tape that fails to acknowledge ...4 days ago
- McClay reaffirms strong NZ-China trade relationshipTrade, Agriculture and Forestry Minister Todd McClay has concluded productive discussions with ministerial counterparts in Beijing today, in support of the New Zealand-China trade and economic relationship. “My meeting with Commerce Minister Wang Wentao reaffirmed the complementary nature of the bilateral trade relationship, with our Free Trade Agreement at its ...4 days ago
- Prime Minister Luxon acknowledges legacy of Singapore Prime Minister LeePrime Minister Christopher Luxon today paid tribute to Singapore’s outgoing Prime Minister Lee Hsien Loong. Meeting in Singapore today immediately before Prime Minister Lee announced he was stepping down, Prime Minister Luxon warmly acknowledged his counterpart’s almost twenty years as leader, and the enduring legacy he has left for Singapore and South East ...4 days ago
- PMs Luxon and Lee deepen Singapore-NZ tiesPrime Minister Christopher Luxon held a bilateral meeting today with Singapore Prime Minister Lee Hsien Loong. While in Singapore as part of his visit to South East Asia this week, Prime Minister Luxon also met with Singapore President Tharman Shanmugaratnam and will meet with Deputy Prime Minister Lawrence Wong. During today’s meeting, Prime Minister Luxon ...4 days ago
- Antarctica New Zealand Board appointmentsForeign Minister Winston Peters has made further appointments to the Board of Antarctica New Zealand as part of a continued effort to ensure the Scott Base Redevelopment project is delivered in a cost-effective and efficient manner. The Minister has appointed Neville Harris as a new member of the Board. Mr ...4 days ago
- Finance Minister travels to Washington DCFinance Minister Nicola Willis will travel to the United States on Tuesday to attend a meeting of the Five Finance Ministers group, with counterparts from Australia, the United States, Canada, and the United Kingdom. “I am looking forward to meeting with our Five Finance partners on how we can work ...4 days ago
- Pet bonds a win/win for renters and landlordsThe coalition Government has today announced purrfect and pawsitive changes to the Residential Tenancies Act to give tenants with pets greater choice when looking for a rental property, says Housing Minister Chris Bishop. “Pets are important members of many Kiwi families. It’s estimated that around 64 per cent of New ...4 days ago
- Long Tunnel for SH1 Wellington being consideredState Highway 1 (SH1) through Wellington City is heavily congested at peak times and while planning continues on the duplicate Mt Victoria Tunnel and Basin Reserve project, the Government has also asked NZ Transport Agency (NZTA) to consider and provide advice on a Long Tunnel option, Transport Minister Simeon Brown ...5 days ago
- New Zealand condemns Iranian strikesPrime Minister Christopher Luxon and Foreign Minister Winston Peters have condemned Iran’s shocking and illegal strikes against Israel. “These attacks are a major challenge to peace and stability in a region already under enormous pressure," Mr Luxon says. "We are deeply concerned that miscalculation on any side could ...5 days ago
- Huge interest in Government’s infrastructure plansHundreds of people in little over a week have turned out in Northland to hear Regional Development Minister Shane Jones speak about plans for boosting the regional economy through infrastructure. About 200 people from the infrastructure and associated sectors attended an event headlined by Mr Jones in Whangarei today. Last ...1 week ago
- Health Minister thanks outgoing Health New Zealand ChairHealth Minister Dr Shane Reti has today thanked outgoing Health New Zealand – Te Whatu Ora Chair Dame Karen Poutasi for her service on the Board. “Dame Karen tendered her resignation as Chair and as a member of the Board today,” says Dr Reti. “I have asked her to ...1 week ago
- Roads of National Significance planning underwayThe NZ Transport Agency (NZTA) has signalled their proposed delivery approach for the Government’s 15 Roads of National Significance (RoNS), with the release of the State Highway Investment Proposal (SHIP) today, Transport Minister Simeon Brown says. “Boosting economic growth and productivity is a key part of the Government’s plan to ...1 week ago
- Navigating an unstable global environmentNew Zealand is renewing its connections with a world facing urgent challenges by pursuing an active, energetic foreign policy, Foreign Minister Winston Peters says. “Our country faces the most unstable global environment in decades,” Mr Peters says at the conclusion of two weeks of engagements in Egypt, Europe and the United States. “We cannot afford to sit back in splendid ...1 week ago
- NZ welcomes Australian Governor-GeneralPrime Minister Christopher Luxon has announced the Australian Governor-General, His Excellency General The Honourable David Hurley and his wife Her Excellency Mrs Linda Hurley, will make a State visit to New Zealand from Tuesday 16 April to Thursday 18 April. The visit reciprocates the State visit of former Governor-General Dame Patsy Reddy ...1 week ago
- Pseudoephedrine back on shelves for WinterAssociate Health Minister David Seymour has announced that Medsafe has approved 11 cold and flu medicines containing pseudoephedrine. Pharmaceutical suppliers have indicated they may be able to supply the first products in June. “This is much earlier than the original expectation of medicines being available by 2025. The Government recognised ...1 week ago
- NZ and the US: an ever closer partnershipNew Zealand and the United States have recommitted to their strategic partnership in Washington DC today, pledging to work ever more closely together in support of shared values and interests, Foreign Minister Winston Peters says. “The strategic environment that New Zealand and the United States face is considerably more ...1 week ago
- Joint US and NZ declarationApril 11, 2024 Joint Declaration by United States Secretary of State the Honorable Antony J. Blinken and New Zealand Minister of Foreign Affairs the Right Honourable Winston Peters We met today in Washington, D.C. to recommit to the historic partnership between our two countries and the principles that underpin it—rule ...1 week ago
- NZ and US to undertake further practical Pacific cooperationForeign Minister Winston Peters has announced further New Zealand cooperation with the United States in the Pacific Islands region through $16.4 million in funding for initiatives in digital connectivity and oceans and fisheries research. “New Zealand can achieve more in the Pacific if we work together more urgently and ...1 week ago
- Rousing farewell for Kiwi doctors flying out to Gaza aid flotilla
Kia Ora Gaza A passionate haka reverberated through Auckland International Airport as a medical team of three New Zealand doctors received an emotional farewell from a big crowd of supporters before flying to Turkey to join the international Freedom Flotilla to Gaza. The doctors, who left Auckland yesterday, hope to ...1 hour ago - Communities Against The Fast-track Heartened By ‘Overwhelming’ Public Response; Disgusted By ‘...
With submissions closing today, Macassey-Pickard says groups around the country have been supporting a huge range of people to make their submissions. ...3 hours ago - Renters Rights To Drastically Reduce Under Landlord GovernmentThe Government’s announced changes around tenancy rules set renters’ rights back by nearly a decade. ...3 hours ago
- NZPI Submission on Fast Track Approvals BillOur response to the new legislation is informed by targeted conversations with practitioners working in the system and through an implementation lens. ...3 hours ago
- Fast Track Invite List Includes Most Destructive Industries In New ZealandThe new ‘Fast-track Approvals Bill’ would give just three Ministers the power to approve or deny development projects. They would avoid the usual checks and balances that are in place to protect rivers, land, the ocean, and communities. ...3 hours ago
- Eugene Doyle: Helen Clark on why AUKUS isn’t in New Zealand’s national interestCOMMENTARY: By Eugene Doyle Helen Clark, how I miss you. The former New Zealand Prime Minister — the safest pair of hands this country has had in living memory — gave a masterclass on the importance of maintaining an independent foreign policy when she spoke at an AUKUS symposium held ...3 hours ago
- Government releases list of organisations shoulder-tapped for fast-track consents
The government's released the list of organisations provided with information on how to apply - just hours before public submissions on the bill close. ...5 hours ago - The Week in Politics: Job cuts surge and Waitangi Tribunal troubleAnalysis - It's been a grim week for public servants, while trouble is also brewing between the government and Waitangi Tribunal. ...6 hours ago
- It never rains but it pours: intense rain and flash floods have increased inland in eastern Australi...Source: The Conversation (Au and NZ) – By Milton Speer, Visiting Fellow, School of Mathematical and Physical Sciences, University of Technology Sydney Before climate change really got going, eastern Australia’s flash floods tended to concentrate on our coastal regions, east of the Great Dividing Range. But that’s changing. Now ...6 hours ago
- Watch: Christopher Luxon speaks to media in ManilaThe PM has defended how he's talked up NZ trade on his trip to Southeast Asia, after criticism from his own delegation. ...6 hours ago
- ‘It could be the death of the museum’: why research cuts at a South Australian institution have ...Source: The Conversation (Au and NZ) – By Elizabeth Finkel, Vice-Chancellor’s Fellow, La Trobe University Sia Duff / South Australian Museum In February, the South Australian Museum “re-imagined” itself. In the face of rising costs and inadequate government funds, CEO David Gaimster, who took the reins last June, declared ...6 hours ago
- Government signs off $41m clean energy deal with Asian Development BankThe government has committed $41 million to clean energy transition at the Asian Development Bank's Energy Transition Mechanism. ...7 hours ago
- Are 2 mid-career AFL retirements a sign Australian athletes are taking brain health more seriously?Source: The Conversation (Au and NZ) – By Alan Pearce, Professor, School of Allied Heath, Human Services & Sport, La Trobe University, La Trobe University This week, Collingwood AFL player Nathan Murphy announced his retirement, brought on by his concussion history and ongoing issues. The 24-year-old’s seemingly sudden retirement, ...9 hours ago
- Luxon: Waitangi Tribunal comments from coalition parties 'ill considered'Comments from ACT and NZ First ministers about the Tribunal were "ill considered" and "that message will be underscored" to them, the PM says. ...9 hours ago
- Mental Health Foundation Facing Staff Cuts From Govt Funding SqueezeThe Mental Health Foundation provides support and resources for those facing the loss of their job, so it’s wrong in the very week the Government adds another 1000 jobs to its tally of cuts, that this is happening. ...9 hours ago
- I wholeheartedly recommend The President: a brilliant revival of a play of decay, terror and revulsi...Source: The Conversation (Au and NZ) – By Alexander Howard, Senior Lecturer, Discipline of English and Writing, University of Sydney Daniel Boud/Sydney Theatre Company Decay, terror, revulsion. These are three of the central themes of Thomas Bernhard’s rarely performed play The President. The Austrian is one of the greatest ...9 hours ago
- How the coolest little capital is shrinkingIt's not the first time a government has targeted public servants for job cuts, but this time Wellington is really feeling it. ...10 hours ago
- Many prisoners go years without touching a smartphone. It means they struggle to navigate life on th...Source: The Conversation (Au and NZ) – By Ye In (Jane) Hwang, Postdoctoral Research Associate at School of Population Health, UNSW Sydney Shutterstock You’d be hard pressed to find any aspect of daily life that doesn’t require some form of digital literacy. We need only to look back ten ...10 hours ago
- Ministers accused of Cabinet Manual breach with threats to Waitangi Tribunal
Prime Minister Christopher Luxon says threats by ministers Shane Jones and David Seymour to reform or close down the Waitangi Tribunal were “ill-considered”, as legal experts say the ministers may have breached Cabinet Manual conventions. “I think those comments are ill-considered and we expect all ministers to actually exercise good ...10 hours ago - Good news: midlife health is about more than a waist measurement. Here’s whySource: The Conversation (Au and NZ) – By Rob Newton, Professor of Exercise Medicine, Edith Cowan University Pexels/RDNE stock project You’re not in your 20s or 30s anymore and you know regular health checks are important. So you go to your GP. During the appointment they measure your waist. ...10 hours ago
- The Friday Poem: ‘Mitochondrial Problem’ by Evangeline Riddiford Graham
A new poem by Evangeline Riddiford Graham. Mitochondrial Problem I. It was long drive to Kansas for the man and his dog but you have to understand he said She doesn’t fly. Which calls to mind not carsick shitting barking or whining but a dog who chooses not to as ...10 hours ago - The Unity Books bestseller chart for the week ending April 18The 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 Hemingway’s Goblet by Dermot Ross (Mary Egan Publishing, $38) Hot off the press, this debut ...10 hours ago
- Department of Conservation closing Dunedin centre, but no jobs lostVisitor habits are changing and DOC needs to adapt in a financially sustainable way, its operations director says. ...10 hours ago
- Unions Collaborate With Thousands Of Job CutsWith New Zealand officially in recession, a swathe of mass sackings is currently sending shockwaves through the entire working class. ...10 hours ago
- Watch live: Christopher Luxon speaks to media in ManilaPrime Minister Christopher Luxon is speaking to reporters in Manila after pledging greater defence cooperation with the Philippines. Watch live. ...10 hours ago
- Government sent please explain letter to Wellington City Council over transport disagreementThe contents were revealed in correspondence from Simeon Brown and Chris Bishop to Wellington's Mayor. ...11 hours ago
- Some families push back against journalists who mine social media for photos – they have every rig...Source: The Conversation (Au and NZ) – By Laura Wajnryb McDonald, PhD candidate in Criminology, University of Sydney Less than 24 hours after Ashlee Good was murdered in Bondi Junction, her family released a statement requesting the media take down photographs they had reproduced of Ashlee and her family without ...11 hours ago
- Mental Health Foundation staff cuts loom, with funding falling behind rising costsChief executive Shaun Robinson said it has not had any government funding cut, but government-funded contracts have not kept pace with rising costs. ...11 hours ago
- The ‘devil comet’ 12P/Pons-Brooks has finally become visible from Australia. What can we expect?Source: The Conversation (Au and NZ) – By Jonti Horner, Professor (Astrophysics), University of Southern Queensland Pons–Brooks visible from Utah, March 9 2024. James Peirce/Flickr, CC BY-NC-ND If you’re a fan of all things space, you’ve doubtless heard about the “devil comet”, which has been captivating keen-eyed observers in the ...11 hours ago
- Rugby stadiums are sold as an economic asset – but NZ needs to ask if they’re really worth itSource: The Conversation (Au and NZ) – By Robert Hamlin, Senior Lecturer in Marketing , University of Otago A multi-billion dollar stadium precinct has been proposed for Auckland, one of three proposals in front of Auckland Council for a new stadium in the city. The council is also considering revamping ...11 hours ago
- Auckland dog attacks: Callouts for attacks on other animals going upRoaming dogs are responsible for more than a thousand attacks on animals each year, and the number is growing. ...12 hours ago
- What access to puberty blockers means for trans young people and their whānauThe Ministry of Health has delayed the release of its evidence brief on the safety, reversibility and mental health and wellbeing outcomes for puberty blockers. While we wait, Julia de Bres speaks to those with firsthand experience. Best practice gender-affirming healthcare is based on trans people’s self-determination and agency. The ...12 hours ago
- NZ and Philippines pledge defence cooperation amid rising tensionsThe commitment came after a sit-down meeting between Christopher Luxon and President Ferdinand "Bongbong" Romualdez Marcos Jr overnight. ...13 hours ago
- How superblocks can help reimagine city lifeBarcelona’s city streets have gone from traffic-clogged to pedestrian-friendly. How? Superblocks. Ellen Rykers explains. This is an excerpt from our weekly environmental newsletter Future Proof. Sign up here. Last week I read a great interview with renowned urbanist Janette Sadik-Khan by The Spinoff’s Wellington editor Joel MacManus: “You can reimagine streets, ...13 hours ago
- Fire engineering expertise may take a big hit with job cuts at MBIEThe public sector cuts are poised to take out a big chunk of expertise at the country's building regulator. ...14 hours ago
- “Fast-track Law To Kill Kiwi”: Students Say Fight Against Anti-democracy Legislation Is Only Jus...Student groups ‘Climate Action VUW’, Schools Strike 4 Climate and VUWSA will be on the street in Wellington today, the last day for submissions on the Fast-track Approvals Bill, with a message that the fight against the Government’s ‘War on ...14 hours ago
- ‘We have thousands of Modis’: the secret behind the BJP’s enduring success in IndiaSource: The Conversation (Au and NZ) – By Sofia Ammassari, Research Fellow, Griffith University Since 2014, Indian Prime Minister Narendra Modi’s popularity has grown exponentially – and so has the formidable organisational machine of his Bharatiya Janata Party (BJP). These two factors will be key to delivering the BJP a ...15 hours ago
- Online schooling is not just for lockdowns. Could it work for your child?Source: The Conversation (Au and NZ) – By Brendon Hyndman, Associate Professor of Education (Adjunct) & Senior Manager (BCE), Charles Sturt University During COVID almost all Australian students and their families experienced online learning. But while schools have long since gone back to in-person teaching, online learning has not gone ...15 hours ago
- Hear me out: You can shove your reusable period productsYes, they’re better for the environment. No, that’s not a good enough reason for me to use them. Once every 26 days or so, my period arrives, and if struck by an act of God, I am caught red-crotched without products. How, after 17 years of this, do I still ...15 hours ago
- Rip It Up And Start Over – Fast-Track Approvals Bill Needs To Be Scrapped“It will cause significant harm to our environment and communities. It is completely at odds with New Zealanders’ relationship with nature and our need for a low-carbon, sustainable economic future." ...15 hours ago
- Maori Authority Warns Government On Fast Track LegislationThe Chair of the National Maori Authority, Matthew Tukaki, has warned a Parliamentary Select Committee that fast-tracking legislation is a perilous practice that undermines the core tenets of democracy, transparency, and accountability. ...15 hours ago
- Why the government’s haste in changing the health system could come back to haunt itSource: The Conversation (Au and NZ) – By Tim Tenbensel, Associate Professor, Health Policy, University of Auckland, Waipapa Taumata Rau Getty Images Since coming into power, the coalition government has adopted a simple but shrewd see-how-fast-we-can-move political strategy. However, in the health sector this need for speed entails ...15 hours ago
- Many suicides are related to gambling. How can we tackle this problem?Source: The Conversation (Au and NZ) – By Anastasia Hronis, Clinical Psychologist, University of Technology Sydney Darya Sannikova/Pexels Whether you’re watching TV, attending a footy game, or eating a meal at your local pub, gambling is hard to escape. Although the rise of gambling is not unique to Australia, ...15 hours ago
- Things that go buzz in the night – our global study found there really are more insects out after ...Source: The Conversation (Au and NZ) – By Mark Wong, Forrest Fellow, School of Biological Sciences, The University of Western Australia Have you ever wondered if there are more insects out at night than during the day? We set out to answer this question by combing through the scientific ...15 hours ago
- Why don’t Australians talk about their salaries? Pay transparency and fairness go hand-in-handSource: The Conversation (Au and NZ) – By Carol T Kulik, Research Professor, University of South Australia IR Stone/Shutterstock In Australia, it’s not the done thing to know – let alone ask – what our colleagues are paid. Yet, it’s easy to see how pay transparency can make pay ...15 hours ago
- ‘Character’ And Its Impact On Immigration StatusThe Ministry of Business, Innovation and Employment (MBIE) is sounding a warning to migrants, that running foul of the law may see them leaving the country prematurely. ...15 hours ago
- 20,000 more on jobseeker benefits than this time last yearThe government’s plan to get 50,000 people off jobseeker support by 2030 has had a rocky start, 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. Beneficiary numbers are up – and so are ...17 hours ago
- All of the Raglan Roast cafes in Wellington, ranked from worst to bestRaglan Roast is a staple of Wellington coffee culture. But with five branches across the capital, which one is the best? I am a die-hard Raglan Roast fan. It’s consistently the most affordable cafe in Wellington, and one of the only places you can get a coffee after 3pm. So, ...19 hours 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