law

Categories under law

Pike’s interference could compromise investigation

Written By: - Date published: 10:27 am, December 4th, 2010 - 75 comments

Pike River Coal has been pushing for access to investigation interviews.

This kind of interference needs to be stopped before the investigation is compromised.

Useless laws won’t solve drug problem

Written By: - Date published: 11:50 am, December 3rd, 2010 - 33 comments

Lawmaking is serious business. It is how we as a community, through our elected representatives, set the bounds and frameworks for our behaviour, allowing our community to function. Laws shouldn’t be made, things shouldn’t be banned, for the hell of it. So why is Parliament passing a law that everyone, including the PM, thinks is pointless?

Police Commissioner: prison breeds crime

Written By: - Date published: 6:30 am, November 26th, 2010 - 230 comments

It’s pretty bloody late in his tenure to be saying it, but Police Commissioner Howard Broad has joined with every expert in telling politicians that their braindead, populist policy of increasing the number of crimes and ramping up prison sentences has to stop. It’s not a solution to crime, it’s making it worse.

Another reason why National should not be permitted a 2nd term

Written By: - Date published: 1:25 pm, November 19th, 2010 - 39 comments

CERRA, Ecan Abolition, the Supercity Acts, the Hobbit Enabling Act, Water Privatisation, Fire at Will, the Murray McCully Empowering Act… the list of laws, all passed under Urgency, that take rights off New Zealanders and give more powers to the government is endless. Now, the Police are being empowered to take DNA from anyone they arrest.

17 dead in police chases

Written By: - Date published: 11:45 am, November 16th, 2010 - 131 comments

In the last year, 17 people have been killed in police chases. Many more injured. They might be criminals but they don’t deserve to die. Yet the Police policy – chase anything that flees – is killing them. The carnage needs to end. The human and financial cost is unbearable. But the Police are determined to continue. The government needs to step in.

Criminal procedure bill

Written By: - Date published: 7:32 am, November 16th, 2010 - 65 comments

Simon Power yesterday introduced the new “Criminal Procedure (Reform and Modernisation) Bill” to Parliament, touting it as “the biggest change to the criminal justice system in 50 years”.  It certainly is that.  It proposes doing away with trial by jury for a significant range of offences. It proposes allowing a trial to go ahead without the defendant present.  In other words, it looks like yet another attack on fundamental rights…

Govt Attacks Right To Silence

Written By: - Date published: 10:02 am, November 11th, 2010 - 12 comments

The Government is removing your Right to Silence in TWO Bills before the House.  The much-improved Search and Surveillance Bill, and the Alcohol Reform Bill.  Ripping up civil rights fought for over centuries that ensure a fair legal system, destroying a free press – all without much thought or care.

Bending over for Warner Brothers

Written By: - Date published: 11:30 am, October 26th, 2010 - 30 comments

Otago Law Professor Paul Roth says possible law changes by the Key Government to provide more tax-payer funded charity to corporate giants Warner Bros Entertainment is ‘Third-World’ lawmaking and a ‘race to the bottom’ in an attempt to compete against developing nations with little or no labour rights. Roth says if we ‘lie back and prostitute ourselves […]

Some “watchdog”

Written By: - Date published: 12:20 pm, October 24th, 2010 - 24 comments

No Right Turn asks some questions about the behaviour of the Independent Police Conduct Authority in deeming the release of information about unlawful behaviour by the Police as “not in the public interest”. There are few safeguards on the police – perhaps the main one should explain its decision in this case.

They do both start with P

Written By: - Date published: 10:58 am, October 24th, 2010 - 8 comments

“They are blue – to match other uniforms in the justice sector such as police.” These words from the Police Minister are very difficult to misconstrue. The choice of colour was deliberate and in case everyone has forgotten, the uniforms were olive to make the clear distinction of Prison Officers from Police. The Government is blurring the distinction.

Nats’ golden handshake to disgraced judge

Written By: - Date published: 11:30 am, October 22nd, 2010 - 32 comments

When Justice Bill Wilson was accused of serious misconduct, Attorney-General Chris Finlayson didn’t want to investigate telling fellow National MP Colin King “Justice Wilson is a mate of mine and there’s no way I am pursuing this any further”. Now, Wilson’s got a $885,000 golden handshake from the government to make the issue go away.

Time for a new approach

Written By: - Date published: 9:17 am, September 26th, 2010 - 11 comments

On Thursday, the 2010 Organised Crime Assessment for New Zealand was released to the public.

Essentially it told us what we already know; we have a problem, we know what the problem is, and we’re failing to solve it. It is time we approached the problem rationally and responsibly.

Re: Chauvel on CERRA

Written By: - Date published: 1:44 pm, September 24th, 2010 - 18 comments

A few days ago Charles Chauvel wrote a piece on Red Alert on why Labour voted for CERRA. I have two big problems with it. 1) Labour may have won concessions that improved CERRA but they didn’t get the key one. 2) There’s a dangerous mindset in the position that Labour had to vote for dictatorship or get pilloried in the media and lose votes.

Garrett and McVicar partners in crime

Written By: - Date published: 9:15 am, September 21st, 2010 - 36 comments

Garth McVicar is head of ‘tough on crime’ lobby group the Sensible Sentencing Trust. David Garrett is a serial offender who now faces further criminal charges for perjury.

So naturally McVicar is backing Garrett to head up a new hard-line law and order party.

Tashkoff: Hide lied to ACT Board about Garrett

Written By: - Date published: 4:08 pm, September 17th, 2010 - 83 comments

According to ACT’s Peter Tashkoff, Rodney Hide misled the ACT Party Board by hiding his knowledge of David Garrett’s passport dishonesty offence. So here we have a party leader who couldn’t see the problem with accepting someone who’d committed such a distasteful crime becoming not only an MP, but ACT’s Law and Order spokesman, and so […]

Garrett case another example of special treatment for elite

Written By: - Date published: 9:28 am, September 17th, 2010 - 67 comments

David Garrett’s theft of a dead child’s identity is a revolting offence that violated our passport system and distressed the family. He lied to the Police when arrested and lied to the Court about having no prior convictions. Why did he escape conviction when others were being jailed for the same offence? Because he’s a lawyer. The elite looks after its own.

More thoughts on the Gerry Brownlee Enabling Act

Written By: - Date published: 1:22 pm, September 16th, 2010 - 32 comments

The Gerry Brownlee Enabling Act is a Dictator’s Charter, and all we can do is hope Brownlee doesn’t abuse it. Even the Herald is against the unwarranted and excessive powers that have been conferred on one man with no meaningful checks or balances. This isn’t about Left or Right but too many on the Right seem happy with unfettered State power.

Absolute power? Absolutely

Written By: - Date published: 8:27 am, September 15th, 2010 - 151 comments

The Canterbury Earthquake Response and Recovery Act gives the Government the power to pass Orders in Council overriding nearly every law. That makes ministers, not Parliament, the sovereign power in this country. Scary stuff, which I haven’t seen justified by the facts of the quake recovery.

Learning from the Christchurch Earthquake

Written By: - Date published: 1:39 pm, September 11th, 2010 - 21 comments

The Napier Earthquake led to the earthquake-resistant building standards that have proven so valuable in Christchurch. The EQC was founded after the Wairarapa Earthquake. World War 2 and the threat of air raids led to the creation of Civil Defence. What lessons can we learn from the Christchurch Earthquake? Better standards building on around liquefaction-prone ground seems like a priority.

The State’s reserve powers & the Christchurch earthquake

Written By: - Date published: 12:32 am, September 11th, 2010 - 12 comments

The Civil Defence Emergency Act gives the authorities some extraordinary powers and has seen a handful of people in Christchurch very rapidly tried and summarily convicted of some unusual offences. It reminds us that the State holds huge powers in reserve for times of crisis. It speaks to the strength of our institutions and the people who operate them that these powers aren’t abused.

Failure by the numbers 2

Written By: - Date published: 7:19 am, August 30th, 2010 - 18 comments

Number of recorded offences in the 2008 calander year: 431,383
Number of recorded offences in the 2009 calander year: 451,405
Number of unsolved crimes in Judith Collin’s first year as minister: 235,787, up 5,000
Number of cars crushed: 0

Search and Survey Our Loss of Human Rights

Written By: - Date published: 6:49 am, August 30th, 2010 - 38 comments

Strip searched by the dog-control officer, your home computer hacked by the Pork Board and the Commerce Commission putting 24-hour cameras in your bedroom. It’ll all be fine once the new Search and Surveillance Bill goes through. Oh, and you lose your right to silence. And the need for a warrant is reduced. And…

Oh, Cameron. Oh dear

Written By: - Date published: 12:55 pm, August 28th, 2010 - 27 comments

“Yes, I breached those orders, because they were bullshit, and should never have been made!” That’s what you could have – should have – said. That was the apparent basis for your whole seemingly-crazy crusade. But you denied the charges. Then refused to appear in the witness-box. You made it abundantly clear that the entire exercise was all about getting noticed.

Govt opts for show over substance on alcohol

Written By: - Date published: 11:10 am, August 24th, 2010 - 49 comments

The government’s alcohol reforms are so typical of this government: criminalise someone to be seen to be doing something, while ignoring the root causes of the problem. This is a government that would rather make a criminal of a good parent who lets their son’s mate have a beer at a BBQ than make it harder for booze barons to hook kids into drinking.

Attacking NIWA

Written By: - Date published: 11:57 am, August 16th, 2010 - 98 comments

What do you do when you find science inconvenient to your ideology? Why, you strike it down! Burn the heretics! Or in the modern equivalent, you set the lawyers on them, and try and have the facts declared illegal.

Nats fear flood of justice

Written By: - Date published: 2:31 pm, August 11th, 2010 - 14 comments

Finlayson says that paying compo to women abused by cops would “open the floodgates”. In other words, he reckons all the other claims that would come out of the woodwork would cost too much. What’s right is right. No matter the cost. ‘Floodgates’ is just an admission that the hundreds have been harmed. This government doesn’t have the guts to do right by them.

Key govt turn backs on police sex victims

Written By: - Date published: 5:38 am, August 11th, 2010 - 44 comments

It just gets worse: “The Government has rejected a secret forum’s recommendation that 10 women who alleged sexual misconduct by police officers get reparation.” Sadly, I think this is just the Nats being cheap and unwilling to face their responsibilities. They don’t care about the victims of police abuse, they care about saving a few dollars to pay for tax cuts.

Two peas from a pod

Written By: - Date published: 1:00 pm, August 1st, 2010 - 35 comments

The activities of the dishonorable Minister for Social Development and Employment Paula Bennett has been increasingly reminding me of the blogger Whaleoil. Consider the number of common points of obnoxious behaviour. The similarities are quite striking. The main difference is that one is a blogger opinionating on current affairs and the other is a minister of the crown with the responsibility for large numbers of dependent people.

Rough Justice

Written By: - Date published: 10:28 am, July 31st, 2010 - 16 comments

The Economist has a great article looking at the American propensity to deprive their citizens of their liberty for trivial offenses. We have the same stupid political ratcheting here that causes it. A large part of that is fueled by groups like the Sensible Sentencing Trust. There needs to be a broad agreement across the political spectrum about such hysterical groups before they cause more damage.

Questions the government will not answer

Written By: - Date published: 1:02 pm, July 3rd, 2010 - 10 comments

Over at No Right Turn, I/S I filed an OIA request for specific information on the handling of Cabinet conflicts of interest. The request has been declined. In the following post (reprinted) I/S sets out the “Questions the government will not answer”.

More Power to the man

Written By: - Date published: 8:00 am, July 1st, 2010 - 23 comments

So often, Parliamentary debates are pointless and pro forma. What a revelation, then, when Simon Power was so swayed by the Left’s MPs’ arguments that he hand-wrote an amendment to his Courts (Remote Participation) Bill guaranteeing defendants the right to choose to appear in person. A good day for rights. A good day for Parliament. Power for PM?