law

Categories under law

Banks case to Police lawyers

Written By: - Date published: 10:07 pm, July 5th, 2012 - 36 comments

The Police have concluded their investigation into John Banks’  donations to his 2010 mayoral campaign.  The Police legal section will now decide whether or not to prosecute. There are two tests; the evidential test and the public interest test. There is no question that if the evidence is sufficient, prosecution is in the public interest. It comes down to credibility – best decided in court.

Police to march?

Written By: - Date published: 11:00 am, June 21st, 2012 - 34 comments

Who guards the guardians if the police march on Parliament?

The smell of corruption

Written By: - Date published: 11:23 pm, May 16th, 2012 - 32 comments

The Jackal raised the issue of corruption in relation to John Banks in a comment here and has written more about it on his blog. It appears on the evidence of DotCom’s lieutenant that  when he was a Member of Parliament Banks was offering to accept a financial consideration in respect of any act to be done by him in his capacity as a member of Parliament. This makes Philip Field look like a Good Samaritan. Banks has to go.

The zero growth agenda

Written By: - Date published: 6:43 am, May 14th, 2012 - 68 comments

I chuckled to read Fran O’Shillivan on Sunday: “John Key has made a strategic decision to burn some political capital and front-foot major Government decisions” – yeah, all those major decisions: $1m for contraception, ‘tackling cyber-bullying’, a petty pokies for convention centre deal, even their centrepiece policy – asset sales – won’t benefit the economy a jot.

Participate: a better criminal trial?

Written By: - Date published: 10:55 am, April 9th, 2012 - 4 comments

The Law Commission is reviewing trial process. Can we have a fairer justice system?

Easter trading

Written By: - Date published: 8:11 am, April 7th, 2012 - 297 comments

It’s the annual Easter ritual – a slap on the wrist for the many shops caught flouting the trading law.

Resignation-watch: Suit cash a confidence vote on Collins

Written By: - Date published: 8:16 am, April 2nd, 2012 - 61 comments

Cabinet today will decide whether the Crown will pick up the tab for Judith Collins’ defamation suits. The suit against RNZ, whose offence was to do live interviews, is particularly egregious and calculated to chill media comment. It will be unprecedented for the public to pay for a minister to take defamation suits. But we will. Anything less will be a vote of no confidence in Collins by her colleagues.

No charge for “teapot” cameraman

Written By: - Date published: 3:14 pm, March 26th, 2012 - 12 comments

In breaking news 3News reports that there will be no charge against “teapot” cameraman Bradley Ambrose.

Not with a bang but a whimper

Written By: - Date published: 7:14 pm, March 20th, 2012 - 86 comments

So, from a 300 police raid and headlines screaming ‘Police foil paramilitary plot’ to, 5 years later, 4 people convicted of half a dozen firearms possession charges each. I’ll admit, the SIS and Police carved a compelling narrative from their video footage but the evidence just wasn’t there and clearly the jury, like the public, just don’t trust the SIS given its track record.

Trial? Why would you bother with that?

Written By: - Date published: 9:40 am, March 1st, 2012 - 16 comments

No-one wants to see people who are likely to hurt people released on bail. That’s why successive governments have tightened bail rules. Now Sensible [sic] Sentencing wants every charged with a crime bearing 2 or more years locked up without bail. Not the first organisation with those initials to favour guilt upon accusation and punishment without trial. Michael Bott takes up the story.

Disconnect in Urewera case

Written By: - Date published: 9:21 am, February 16th, 2012 - 128 comments

If the evidence against the Urewera 4 is so strong and what they were planning to do so serious, how come they’ve only been charged with a handful of minor offences? And how come the others had the charges dropped? Where are the treason and conspiracy charges? After 4 years of delays, lies, secrecy, and official fuck-ups, do we trust the cops’ evidence?

Armed police storm Key mansion

Written By: - Date published: 7:00 am, February 10th, 2012 - 25 comments

Armed Police assisted by the Eagle helicopter, the counter-terrorism unit, customs officials, and the police launch towed on its trailer have raided Prime Minister John Key’s Parnell mansion, executing warrants relating to the illegal ‘DJ Key’ election ad. Simultaneously, a joint Police-SAS taskforce has stormed RadioLive, deploying teargas and tasering all present.

Dotcom

Written By: - Date published: 1:51 pm, February 9th, 2012 - 82 comments

There’s a few interesting threads to the Kim Dotcom saga. Should merely providing a tool that can be used for piracy be a crime? Did the alleged offences justify a 70-strong armed police raid or was this more heavy-handed showing off by the cops? And, if Dotcom really is such a bad guy, why did National let him come to live in New Zealand in the first place?

Citizens on the Internet

Written By: - Date published: 3:34 pm, February 3rd, 2012 - 5 comments

ImperatorFish: Spears Into The Sea

Written By: - Date published: 6:54 pm, January 31st, 2012 - 3 comments

Scott at Imperator Fish has kindly given us permission to syndicate posts from his blog – the original of this post is here

We need better answers than just “stricter enforcement” to solve the copyright debate – we need some fresh ideas.

ImperatorFish: Police Defend Bloody Kindergarten Raid

Written By: - Date published: 2:12 pm, January 24th, 2012 - 1 comment

Scott at Imperator Fish has kindly given us permission to syndicate posts from his blog – the original of this post is here

Police and Armed Offender units raided the Meriwether Community Kindergarten just after morning tea, but the raid turned violent when some of the children put up a fight.

What a riot.

Written By: - Date published: 11:16 am, December 17th, 2011 - 14 comments

A quick post on sentences handed down in the wake of riots in England.

A police recruitment freeze?

Written By: - Date published: 9:54 pm, November 23rd, 2011 - 43 comments

Phil Goff broke news of the Nat’s plan to freeze police recruitment but keep it quiet until after the election.

That policy’s at odds with some fundamental Nat claims.

Update: A freeze on replacement cops would see hundreds fewer on the job after just one year.

Tape hearing

Written By: - Date published: 1:13 pm, November 22nd, 2011 - 53 comments

According to reporter Derek Cheng (#dchengnzh) inside the courtroom “Judge reserved decision til 215 tomoro #votenz #ambrose“.

Wasting Police time

Written By: - Date published: 8:50 am, October 20th, 2011 - 19 comments

Anyone noticed the sudden overbearing presence of Police at peaceful protests? Bugging Greenpeace and intimidating lawful activists. 25 Police at a 150-strong anti-deepsea drilling protest in Tauranga. 12 officers at a 60 worker picket at CMP Rangitikei. Are they just hyper because of the Cup or is it about shielding businesses from people exercising their democratic right to protest?

Let the courts decide

Written By: - Date published: 9:46 am, October 11th, 2011 - 59 comments

The threat of invoking defamation is a standard tactic to intimidate those who can’t afford the legals bills to shut their mouths. Such threats are sometimes known as strategic lawsuits against public participation or SLAPPS. My understanding of Lange v. Atkinson (2000) and the qualified privilege afforded to political commentary that it enshrines, suggests there is no way […]

A PM but not a leader

Written By: - Date published: 7:27 am, October 6th, 2011 - 124 comments

In the last few days Key has refused to accept responsibility for NZ’s credit downgrades, stated that he is “not concerned in the slightest” about his possible breach of electoral law, and used an unfortunate incident in Parliament to launch an ugly attack on Labour.  John Key is no leader.

Nats’ retrospective surveillance backdown

Written By: - Date published: 7:22 am, October 5th, 2011 - 27 comments

The Nats most recent attack on democracy – the Video Camera Surveillance (Temporary Measures) Bill –  was outrageous in many ways.  It was almost universally condemned, and now Labour has secured significant concessions.

Key broke law on radio show

Written By: - Date published: 8:13 pm, October 3rd, 2011 - 75 comments

Prime Minister Moonbeam clearly broke the law on Friday on the radio show he chose to run instead of dealing with the downgrade crisis. The law is clear: Key wasn’t allowed to make political statements. He did. He made a promise on broadcasting policy and gave the Nats’ first cut spin-line on the downgrade.

Ecocide Mock Trial

Written By: - Date published: 9:22 am, September 29th, 2011 - 5 comments

The crime of ecocide will be tested, as if it is already law, by barristers before a judge and jury, at the UK Supreme Court in London.

Covert surveillance should not be allowed retrospectively

Written By: - Date published: 3:00 pm, September 27th, 2011 - 55 comments

mickysavage at Waitakere News blog  has an analysis of the legal and unconstitutional implications of the Nationals dubious plan to override the courts with poor kneejerk legislation. It is rather disturbing as the action appears to have more to do with electioneering than actual legal need.

ACT, the continuing implosion

Written By: - Date published: 6:27 am, September 27th, 2011 - 34 comments

On Sunday, Don Brash decided to muse on decriminalising cannabis. It’s not ACT policy, we’re meant to understand, it’s just the Party Leader making a speech and saying ‘this would be a good idea’. In classic Brash style, he hadn’t told John Banks, who gave Brash a public smacking on the idea. Now the question is: why would the people of Epsom vote for these two?

Banks’ Epsom chances up in smoke?

Written By: - Date published: 9:06 am, September 26th, 2011 - 66 comments

Decriminalising marijuana just makes sense. 400,000 people are regular users. Prohibition costs half a billion a year, is ineffective, and fuels the gangs. So good on Brash for raising the issue. It’s totally consistent with ACT’s values. Problem is, John Banks and Don Nicolson don’t share those values. Gonna be fun to watch Banks on this issue in Epsom.

Why’s Boscawen really quitting?

Written By: - Date published: 12:38 am, September 25th, 2011 - 43 comments

Out of the blue, John Boscawen has announced he is withdrawing from ACT’s list. It’s an odd departure from an odd man. ‘Family reasons’ is the line. Not exactly creative. Is the real reason National’s ‘fixit’ Bill? Boscawen is a true believer in ACT’s libertarian principles and doesn’t do compromise. Was being asked to sign a retrospective blank cheque the final straw?

‘Fixit’ law worse than expected

Written By: - Date published: 9:31 am, September 22nd, 2011 - 79 comments

Labour looks almost certain to oppose the Nats’ ‘fixit’ bill. The draft goes far further than previously thought. It doesn’t just try to suspend the effect of a specific Supreme Court decision in a violation of the separation of powers, it gives Police the power to spy on you without a warrant. Chris Finlayson should resign for even proposing such a heinous law.

Stand up for the rule of law

Written By: - Date published: 10:55 am, September 21st, 2011 - 44 comments

Your Police knowingly acted illegally to spy on your fellow citizens. No-one’s saying those being surveilled are angels. It’s not about them. It’s about whether the agents of the State, who are ultimately meant to be your agents, should be allowed to act illegally. Should the ends justify the means or do we believe in the rule of law as the only way to constrain those with power from abusing it?