Crosby – Posturing with little substance

Written By: - Date published: 3:20 pm, June 9th, 2009 - 11 comments
Categories: crosby textor, john key, national - Tags:

Spinner

Spinner

Lynton Crosby of the political spinners Crosby/Textor, who ‘advised’ both John Key and Don Brash, has finally given up on trying to pursue a unwinnable defamation case against Nicky Hager and Radio NZ.The case appears to me to have been started largely as intimidation by the Crosby (and maybe the National party) to find out who was feeding Nicky Hager information from inside the National party.

Nicky Hager has a long but very interesting post in ‘Crosby v Hager’: defamation proceedings used as a political weapon

The case arose following a feature article I wrote last year, revealing something that the National Party leader John Key had been keen to keep secret. When Key became leader at the end of 2006, following the publication of my book The Hollow Men and the resignation of former leader Don Brash, he pointedly told reporters that he would not be using the same political advisers as Brash. He went further in another interview and said that he didn’t get advice on things like media because he preferred to rely on his own instincts.

It was therefore embarrassing when I found out that, after just one week as leader, Key had visited Australia and sought a meeting with Brash’s most controversial advisers, the Australian political strategists and pollsters Crosby/Textor. He signed them up to work for him, not just on the coming election campaign, but immediately as his personal advisors on image, presentation and tactics. Key’s ‘natural’ image, which had been complimented in the media, was actually being managed by the same wily and cynical Australian spin doctors Brash had used. The article outlined the company’s controversial reputation and described the partners Lynton Crosby and Mark Textor’s tactics in Australia, Britain and New Zealand.

When the story appeared on 29 June 2008, National was furious. Key refused to confirm publicly that he was using the company while behind the scenes his media staff attacked me for doing the story. The day after the article was published I was invited onto Radio New Zealand’s Nine to Noon programme and basically repeated what I had written in the newspaper. For unclear reasons, I was sued over this interview (not the article) and the lawsuit came from Crosby/Textor co-director Lynton Crosby (not the other co-director, Mark Textor, who has mostly acted as the advisor for National).

This case dragged on for 11 months with legal trivialities about the layout of legal documents. It got to the point that Crosby would have had to have disclosed information about Crosby and Crosby/Textor’s practices and clients.

Early on my lawyer and I assumed that Crosby would pull out of the process before it reached the ‘discovery’ stage, when legally we could demand to get copies of internal Crosby Textor documents that might provide further evidence of the sorts of manipulative tactics I had discussed in the interview. This is what happened. In the last few weeks they have negotiated their way out of the case.

In other words, when Crosby would have had to have made a case and do it on evidence rather than empty legal posturing. Nicky Hager and his lawyer could have had a field-day with information that Crosby would have had to provide.

So Crosby took the couple of minor brownie points that Nicky conceded long ago about some trivial mistakes.

A correction and apology was made to Mr Crosby in this week’s settlement that the words ‘Mark Crosby’ were not referring to ‘Lynton Crosby’.

Towards the end of the interview Mr Hager talked about personal attacks on the Labour Party leader, Helen Clark, being an example of dirty tactics in politics. He didn’t say Crosby was behind these attacks — which Crosby claimed in the defamation case — so he offered early in the case to clarify this as well.

The first was mixing up the names of Lynton Crosby and Mark Textor in a live interview, when referring to Mark Textor’s role in some notorious push-polling in a aussie election.

There is no evidence that the systematic and deliberate personal attacks on Helen Clark were being pushed by Nationals advisors. However the spread of those viral messages through the comments sections of political blogs and in some fundamentalist communities was certainly increased about the time that Crosby/Textor started advising Nationals leaders. It could have just been an unfortunate coincidence in timing.

After 11 months of what can only be described as irrelevant legal posturing, Crosby dropped the suit. Not that he would have won anyway if it’d gone to court. It does not appear that there was a winnable case.

The likely reason for bringing the suit originally was more interesting. When you got through all of the turgid and florid legal posturing from Crosby’s lawyer Ric Lucas, you get to the point of why the proceedings started. It had nothing to do with Crosby’s reputation.

The letter then made a curious demand: ‘Mr Crosby requires you to disclose your sources immediately.’ The National Party and Crosby/Textor of course wanted to know who had leaked me their inside information that had appeared in my book and then in the article on Key’s use of Crosby/Textor. But this was hardly essential to allegations of defamation (there are special rules in defamation to protect sources) and added to my feeling that the legal action was motivated by more than seeking redress for the supposed defamation in the Radio New Zealand interview.

As Nicky Hager says, this is seems to be using defamation as a political weapon of intimidation. The question is probably less about Crosbys ‘reputation’ and more about how much John Key or the National party were involved in initiating and continuing this vexacious suit? The case appears to me as having been started so that John Key and National could find the leaks inside their party that Nicky Hager has been accessing. If so, then this means that National are getting really concerned about their leaking ship.

11 comments on “Crosby – Posturing with little substance ”

  1. Maynard J 1

    Right, it is time to attack Hager. By the Right, quick…March!

  2. GC Martin 2

    Anyone else see potential conflicts of interest in the Hager websited material..?

    Both during the so-called process and by extension offset to it..?

  3. large fat man 3

    Lynton crosby is great in the sack

  4. toad 4

    large fat man said: Lynton crosby is great in the sack

    Hey, LFM, are you actually Whaleoil under a different name? Somebody at The Standard needs to check the IP address for that post.

    [lprent: no-one we know]

  5. vto 5

    If that is Spinner then who is Clutch Cargo and Paddlefoot? Lockwood and

  6. Macro 6

    But the most important part of Nicky Hager’s Article is the fact that Crosby/Textor were using the legal process of a Defamation claim to attack a critic – quite unjustly as Hager quite clearly shows – in order to silence him. And further with the obvious intent of winning by legal/monetary exhaustion. Fortunately he had the assistance of a lawyer pro bono otherwise the result might have been completely different!
    There is a need to change the law here so that these sorts of spurious claims are not used in the manner that Crosby/Textor have.
    Unfortunately a law change to stop Crosby/Textor or other well heeled bullies doing this sort of again is unlikely with the incumbant head law maker making use of their “services”.

  7. Tom Semmens 7

    Actually Macro the easiest answer to the increasing use of the law as a weapon would be:

    a) Put a statute of limitations on court action. If your case doesn’t come to court within something like, say, twelve months then it is simply dismissed. Give meaning to “justice delayed is justice denied.” It would only take one murderer or high profile white collar shyster to walk free because of delays and you’d see proper resourcing of the court system!

    b) Reform the justice system with the aim of reducing the stranglehold the elite, “expert” legal priethood has on the whole process. Why not simply empanel “grand juries” drawn from the local community in the local school hall every Saturday and Sunday and get them (with guidance by an official) to rule on all sorts of minor misdemeanours like graffiti, minor vandalism, noise complaints, minor shop lifting etc etc etc. It would massively free up the courts and actually return the system to something much closer to its roots than what we currently have.

    c) Go back to a Swiftean view of libel law, and basically repeal all libel laws. Allow anyone to say whatever they want about anyboby. Wanna call politician X a kiddy fiddling facist in the pay of the Illuminati? Go for the doctor. Rely on the common sense of the voters & citizens to work out if you have any actual evidence of this or not. Lets face it – most of the KBR commentariat behave as if they live in a libel free zone anyway. I was reading a political debate in the USA from the 1860’s the other day where one candidate called the other a “corrupt Irish son-of-a-bitch” who no one should vote for. And they managed to elect Lincoln.

  8. Nick 8

    Sounds like a good scheme if you are a lawyer, kerrrrrching!!!!!!!!!!! Perhaps Shonkey can advise us to the existance of God in this case so that we may be assured that Lynton Crosby and associates can look forward to an extremely hot eternity.

  9. John E. 9

    Is it the continued advice from Crosby Textor that is leading to such poor government as we are experiencing?

    Did they advise Key to hang Lee out to dry?

    Did they advise Key to drag Worth throught the mud?

    Is there advice what it used to be, when they had a more amenable client like Don Brash – who crashed and burned in any case.

    Congrats to Nicky,.

Recent Comments

Recent Posts

  • $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 ...
    BeehiveBy beehive.govt.nz
    2 hours ago
  • Minister releases Fast-track stakeholder list
    The 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 ...
    BeehiveBy beehive.govt.nz
    4 hours ago
  • Judicial appointments announced
    Attorney-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 ...
    BeehiveBy beehive.govt.nz
    5 hours ago
  • Education Minister heads to major teaching summit in Singapore
    Education 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 ...
    BeehiveBy beehive.govt.nz
    6 hours ago
  • Value of stopbank project proven during cyclone
    A 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 ...
    BeehiveBy beehive.govt.nz
    6 hours ago
  • Anzac commemorations, Türkiye relationship focus of visit
    Foreign 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 ...
    BeehiveBy beehive.govt.nz
    6 hours ago
  • Minister to Europe for OECD meeting, Anzac Day
    Science, 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 ...
    BeehiveBy beehive.govt.nz
    8 hours ago
  • Comprehensive Partnership the goal for NZ and the Philippines
    Prime 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 ...
    BeehiveBy beehive.govt.nz
    20 hours ago
  • Government commits $20m to Westport flood protection
    The 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 ...
    BeehiveBy beehive.govt.nz
    1 day ago
  • Taupō takes pole position
    The 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 ...
    BeehiveBy beehive.govt.nz
    1 day ago
  • Cost of living support for low-income homeowners
    Local 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 ...
    BeehiveBy beehive.govt.nz
    1 day ago
  • Government backing mussel spat project
    The 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 - ...
    BeehiveBy beehive.govt.nz
    1 day ago
  • Government focused on getting people into work
    Benefit 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 ...
    BeehiveBy beehive.govt.nz
    1 day ago
  • Clean energy key driver to reducing emissions
    The 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 ...
    BeehiveBy beehive.govt.nz
    1 day ago
  • Earthquake-prone buildings review brought forward
    The 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 ...
    BeehiveBy beehive.govt.nz
    2 days ago
  • Thailand and NZ to agree to Strategic Partnership
    Prime 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 ...
    BeehiveBy beehive.govt.nz
    2 days ago
  • Government consults on extending coastal permits for ports
    RMA 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 ...
    BeehiveBy beehive.govt.nz
    2 days ago
  • Inflation coming down, but more work to do
    Today’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 ...
    BeehiveBy beehive.govt.nz
    2 days ago
  • School attendance restored as a priority in health advice
    Refreshed 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 ...
    BeehiveBy beehive.govt.nz
    2 days ago
  • Unnecessary bureaucracy cut in oceans sector
    Oceans 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 ...
    BeehiveBy beehive.govt.nz
    2 days ago
  • Patterson promoting NZ’s wool sector at International Congress
    Associate 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 ...
    BeehiveBy beehive.govt.nz
    3 days ago
  • Removing red tape to help early learners thrive
    The 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, ...
    BeehiveBy beehive.govt.nz
    3 days ago
  • RMA changes to cut coal mining consent red tape
    Changes 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 ...
    BeehiveBy beehive.govt.nz
    3 days ago
  • McClay reaffirms strong NZ-China trade relationship
    Trade, 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 ...
    BeehiveBy beehive.govt.nz
    4 days ago
  • Prime Minister Luxon acknowledges legacy of Singapore Prime Minister Lee
    Prime 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 ...
    BeehiveBy beehive.govt.nz
    4 days ago
  • PMs Luxon and Lee deepen Singapore-NZ ties
    Prime 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 ...
    BeehiveBy beehive.govt.nz
    4 days ago
  • Antarctica New Zealand Board appointments
    Foreign 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 ...
    BeehiveBy beehive.govt.nz
    4 days ago
  • Finance Minister travels to Washington DC
    Finance 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 ...
    BeehiveBy beehive.govt.nz
    4 days ago
  • Pet bonds a win/win for renters and landlords
    The 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 ...
    BeehiveBy beehive.govt.nz
    4 days ago
  • Long Tunnel for SH1 Wellington being considered
    State 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 ...
    BeehiveBy beehive.govt.nz
    4 days ago
  • New Zealand condemns Iranian strikes
    Prime 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 ...
    BeehiveBy beehive.govt.nz
    5 days ago
  • Huge interest in Government’s infrastructure plans
    Hundreds 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 ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • Health Minister thanks outgoing Health New Zealand Chair
    Health 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 ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • Roads of National Significance planning underway
    The 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 ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • Navigating an unstable global environment
    New 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 ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • NZ welcomes Australian Governor-General
    Prime 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 ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • Pseudoephedrine back on shelves for Winter
    Associate 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 ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • NZ and the US: an ever closer partnership
    New 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 ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • Joint US and NZ declaration
    April 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 ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • NZ and US to undertake further practical Pacific cooperation
    Foreign 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 ...
    BeehiveBy beehive.govt.nz
    1 week ago

Page generated in The Standard by Wordpress at 2024-04-19T06:14:37+00:00