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

  • EV road user charges bill passes
    Transport Minister Simeon Brown has welcomed the passing of legislation to move light electric vehicles (EVs) and plug-in hybrid electric vehicles (PHEVs) into the road user charges system from 1 April.  “It was always intended that EVs and PHEVs would be exempt from road user charges until they reached two ...
    BeehiveBy beehive.govt.nz
    1 day ago
  • Bill targets illegal, unregulated fishing in international waters
    New Zealand is strengthening its ability to combat illegal fishing outside its domestic waters and beef up regulation for its own commercial fishers in international waters through a Bill which had its first reading in Parliament today. The Fisheries (International Fishing and Other Matters) Amendment Bill 2023 sets out stronger ...
    BeehiveBy beehive.govt.nz
    1 day ago
  • Reserve Bank appointments
    Economists Carl Hansen and Professor Prasanna Gai have been appointed to the Reserve Bank Monetary Policy Committee, Finance Minister Nicola Willis announced today. The Monetary Policy Committee (MPC) is the independent decision-making body that sets the Official Cash Rate which determines interest rates.  Carl Hansen, the executive director of Capital ...
    BeehiveBy beehive.govt.nz
    1 day ago
  • Stronger protections for apartment owners
    Apartment owners and buyers will soon have greater protections as further changes to the law on unit titles come into effect, Housing Minister Chris Bishop says. “The Unit Titles (Strengthening Body Corporate Governance and Other Matters) Amendment Act had already introduced some changes in December 2022 and May 2023, and ...
    BeehiveBy beehive.govt.nz
    1 day ago
  • Travel focused on traditional partners and Middle East
    Foreign Minister Winston Peters will travel to Egypt and Europe from this weekend.    “This travel will focus on a range of New Zealand’s traditional diplomatic and security partnerships while enabling broad engagement on the urgent situation in Gaza,” Mr Peters says.   Mr Peters will attend the NATO Foreign ...
    BeehiveBy beehive.govt.nz
    1 day ago
  • Keep safe on our roads this Easter
    Transport Minister Simeon Brown is encouraging all road users to stay safe, plan their journeys ahead of time, and be patient with other drivers while travelling around this Easter long weekend. “Road safety is a responsibility we all share, and with increased traffic on our roads expected this Easter we ...
    BeehiveBy beehive.govt.nz
    1 day ago
  • Cost of living support for over 1.4 million Kiwis
    About 1.4 million New Zealanders will receive cost of living relief through increased government assistance from April 1 909,000 pensioners get a boost to Superannuation, including 5000 veterans 371,000 working-age beneficiaries will get higher payments 45,000 students will see an increase in their allowance Over a quarter of New Zealanders ...
    BeehiveBy beehive.govt.nz
    1 day ago
  • Tenancy reviews for social housing restart
    Ensuring social housing is being provided to those with the greatest needs is front of mind as the Government restarts social housing tenancy reviews, Associate Housing Minister Tama Potaka says. “Our relentless focus on building a strong economy is to ensure we can deliver better public services such as social ...
    BeehiveBy beehive.govt.nz
    1 day ago
  • Kermadec Ocean Sanctuary plan halted
    The Kermadec Ocean Sanctuary will not go ahead, with Cabinet deciding to stop work on the proposed reserve and remove the Bill that would have established it from Parliament’s order paper. “The Kermadec Ocean Sanctuary Bill would have created a 620,000 sq km economic no-go zone,” Oceans and Fisheries Minister ...
    BeehiveBy beehive.govt.nz
    1 day ago
  • Cutting all that dam red tape
    Dam safety regulations are being amended so that smaller dams won’t be subject to excessive compliance costs, Minister for Building and Construction Chris Penk says. “The coalition Government is focused on reducing costs and removing unnecessary red tape so we can get the economy back on track.  “Dam safety regulations ...
    BeehiveBy beehive.govt.nz
    1 day ago
  • Drought support extended to parts of North Island
    The coalition Government is expanding the medium-scale adverse event classification to parts of the North Island as dry weather conditions persist, Agriculture Minister Todd McClay announced today. “I have made the decision to expand the medium-scale adverse event classification already in place for parts of the South Island to also cover the ...
    BeehiveBy beehive.govt.nz
    1 day ago
  • Passage of major tax bill welcomed
    The passing of legislation giving effect to coalition Government tax commitments has been welcomed by Finance Minister Nicola Willis.  “The Taxation (Annual Rates for 2023–24, Multinational Tax, and Remedial Matters) Bill will help place New Zealand on a more secure economic footing, improve outcomes for New Zealanders, and make our tax system ...
    BeehiveBy beehive.govt.nz
    2 days ago
  • Lifting economy through science, tertiary sectors
    Science, Innovation and Technology Minister Judith Collins and Tertiary Education and Skills Minister Penny Simmonds today announced plans to transform our science and university sectors to boost the economy. Two advisory groups, chaired by Professor Sir Peter Gluckman, will advise the Government on how these sectors can play a greater ...
    BeehiveBy beehive.govt.nz
    2 days ago
  • Government announces Budget priorities
    The Budget will deliver urgently-needed tax relief to hard-working New Zealanders while putting the government’s finances back on a sustainable track, Finance Minister Nicola Willis says.  The Finance Minister made the comments at the release of the Budget Policy Statement setting out the Government’s Budget objectives. “The coalition Government intends ...
    BeehiveBy beehive.govt.nz
    2 days ago
  • Government to consider accommodation solution
    The coalition Government will look at options to address a zoning issue that limits how much financial support Queenstown residents can get for accommodation. Cabinet has agreed on a response to the Petitions Committee, which had recommended the geographic information MSD uses to determine how much accommodation supplement can be ...
    BeehiveBy beehive.govt.nz
    3 days ago
  • Government approves extension to Royal Commission of Inquiry into Abuse in Care
    Cabinet has agreed to a short extension to the final reporting timeframe for the Royal Commission into Abuse in Care from 28 March 2024 to 26 June 2024, Internal Affairs Minister Brooke van Velden says.                                         “The Royal Commission wrote to me on 16 February 2024, requesting that I consider an ...
    BeehiveBy beehive.govt.nz
    3 days ago
  • $18m boost for Kiwis travelling to health treatment
    The coalition Government is delivering an $18 million boost to New Zealanders needing to travel for specialist health treatment, Health Minister Dr Shane Reti says.   “These changes are long overdue – the National Travel Assistance (NTA) scheme saw its last increase to mileage and accommodation rates way back in 2009.  ...
    BeehiveBy beehive.govt.nz
    3 days ago
  • PM’s Prizes for Space to showcase sector’s talent
    The Government is recognising the innovative and rising talent in New Zealand’s growing space sector, with the Prime Minister and Space Minister Judith Collins announcing the new Prime Minister’s Prizes for Space today. “New Zealand has a growing reputation as a high-value partner for space missions and research. I am ...
    BeehiveBy beehive.govt.nz
    3 days ago
  • Concerns conveyed to China over cyber activity
    Foreign Minister Winston Peters has confirmed New Zealand’s concerns about cyber activity have been conveyed directly to the Chinese Government.     “The Prime Minister and Minister Collins have expressed concerns today about malicious cyber activity, attributed to groups sponsored by the Chinese Government, targeting democratic institutions in both New ...
    BeehiveBy beehive.govt.nz
    3 days ago
  • Independent Reviewers appointed for School Property Inquiry
    Independent Reviewers appointed for School Property Inquiry Education Minister Erica Stanford today announced the appointment of three independent reviewers to lead the Ministerial Inquiry into the Ministry of Education’s School Property Function.  The Inquiry will be led by former Minister of Foreign Affairs Murray McCully. “There is a clear need ...
    BeehiveBy beehive.govt.nz
    3 days ago
  • Brynderwyns open for Easter
    State Highway 1 across the Brynderwyns will be open for Easter weekend, with work currently underway to ensure the resilience of this critical route being paused for Easter Weekend to allow holiday makers to travel north, Transport Minister Simeon Brown says. “Today I visited the Brynderwyn Hills construction site, where ...
    BeehiveBy beehive.govt.nz
    3 days ago
  • Speech to the Infrastructure Funding & Financing Conference
    Introduction Good morning to you all, and thanks for having me bright and early today. I am absolutely delighted to be the Minister for Infrastructure alongside the Minister of Housing and Resource Management Reform. I know the Prime Minister sees the three roles as closely connected and he wants me ...
    BeehiveBy beehive.govt.nz
    3 days ago
  • Parliamentary network breached by the PRC
    New Zealand stands with the United Kingdom in its condemnation of People’s Republic of China (PRC) state-backed malicious cyber activity impacting its Electoral Commission and targeting Members of the UK Parliament. “The use of cyber-enabled espionage operations to interfere with democratic institutions and processes anywhere is unacceptable,” Minister Responsible for ...
    BeehiveBy beehive.govt.nz
    3 days ago
  • NZ to provide support for Solomon Islands election
    Foreign Minister Winston Peters and Defence Minister Judith Collins today announced New Zealand will provide logistics support for the upcoming Solomon Islands election. “We’re sending a team of New Zealand Defence Force personnel and two NH90 helicopters to provide logistics support for the election on 17 April, at the request ...
    BeehiveBy beehive.govt.nz
    4 days ago
  • NZ-EU FTA gains Royal Assent for 1 May entry to force
    The European Union Free Trade Agreement Legislation Amendment Bill received Royal Assent today, completing the process for New Zealand’s ratification of its free trade agreement with the European Union.    “I am pleased to announce that today, in a small ceremony at the Beehive, New Zealand notified the European Union ...
    BeehiveBy beehive.govt.nz
    4 days ago
  • COVID-19 inquiry attracts 11,000 submissions
    Public consultation on the terms of reference for the Royal Commission into COVID-19 Lessons has concluded, Internal Affairs Minister Hon Brooke van Velden says.  “I have been advised that there were over 11,000 submissions made through the Royal Commission’s online consultation portal.” Expanding the scope of the Royal Commission of ...
    BeehiveBy beehive.govt.nz
    4 days ago
  • Families to receive up to $75 a week help with ECE fees
    Hardworking families are set to benefit from a new credit to help them meet their early childcare education (ECE) costs, Finance Minister Nicola Willis says. From 1 July, parents and caregivers of young children will be supported to manage the rising cost of living with a partial reimbursement of their ...
    BeehiveBy beehive.govt.nz
    4 days ago
  • Unlocking a sustainable, low-emissions future
    A specialised Independent Technical Advisory Group (ITAG) tasked with preparing and publishing independent non-binding advice on the design of a "green" (sustainable finance) taxonomy rulebook is being established, Climate Change Minister Simon Watts says.  “Comprising experts and market participants, the ITAG's primary goal is to deliver comprehensive recommendations to the ...
    BeehiveBy beehive.govt.nz
    4 days ago
  • Chief of Army thanked for his service
    Defence Minister Judith Collins has thanked the Chief of Army, Major General John Boswell, DSD, for his service as he leaves the Army after 40 years. “I would like to thank Major General Boswell for his contribution to the Army and the wider New Zealand Defence Force, undertaking many different ...
    BeehiveBy beehive.govt.nz
    4 days ago
  • Minister to meet Australian counterparts and Manufacturing Industry Leaders
    25 March 2024 Minister to meet Australian counterparts and Manufacturing Industry Leaders Small Business, Manufacturing, Commerce and Consumer Affairs Minister Andrew Bayly will travel to Australia for a series of bi-lateral meetings and manufacturing visits. During the visit, Minister Bayly will meet with his Australian counterparts, Senator Tim Ayres, Ed ...
    BeehiveBy beehive.govt.nz
    4 days ago
  • Government commits nearly $3 million for period products in schools
    Government commits almost $3 million for period products in schools The Coalition Government has committed $2.9 million to ensure intermediate and secondary schools continue providing period products to those who need them, Minister of Education Erica Stanford announced today. “This is an issue of dignity and ensuring young women don’t ...
    BeehiveBy beehive.govt.nz
    5 days ago
  • Speech – Making it easier to build.
    Good morning, it’s great to be here.   First, I would like to acknowledge the New Zealand Institute of Building Surveyors and thank you for the opportunity to be here this morning.  I would like to use this opportunity to outline the Government’s ambitious plan and what we hope to ...
    BeehiveBy beehive.govt.nz
    6 days ago
  • Pacific youth to shine from boost to Polyfest
    Minister for Pacific Peoples Dr Shane Reti has announced the Government’s commitment to the Auckland Secondary Schools Māori and Pacific Islands Cultural Festival, more commonly known as Polyfest. “The Ministry for Pacific Peoples is a longtime supporter of Polyfest and, as it celebrates 49 years in 2024, I’m proud to ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • 2024 Ngarimu VC and 28th (Māori) Battalion Memorial Scholarships announced
    ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • Speech to Breast Cancer Foundation – Insights Conference
    Before moving onto the substance of today’s address, I want to recognise the very significant and ongoing contribution the Breast Cancer Foundation makes to support the lives of New Zealand women and their families living with breast cancer. I very much enjoy working with you. I also want to recognise ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • Kiwi research soars to International Space Station
    New Zealand has notched up a first with the launch of University of Canterbury research to the International Space Station, Science, Innovation and Technology and Space Minister Judith Collins says. The hardware, developed by Dr Sarah Kessans, is designed to operate autonomously in orbit, allowing scientists on Earth to study ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • Speech to the New Zealand Planning Institute
    Introduction Thank you for inviting me to speak with you today and I’m sorry I can’t be there in person. Yesterday I started in Wellington for Breakfast TV, spoke to a property conference in Auckland, and finished the day speaking to local government in Christchurch, so it would have been ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • Support for Northland emergency response centre
    The Coalition Government is contributing more than $1 million to support the establishment of an emergency multi-agency coordination centre in Northland. Emergency Management and Recovery Minister Mark Mitchell announced the contribution today during a visit of the Whangārei site where the facility will be constructed.  “Northland has faced a number ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • Celebrating 20 years of Whakaata Māori
    New Zealanders have enjoyed a broader range of voices telling the story of Aotearoa thanks to the creation of Whakaata Māori 20 years ago, says Māori Development Minister Tama Potaka. The minister spoke at a celebration marking the national indigenous media organisation’s 20th anniversary at their studio in Auckland on ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • Some commercial fishery catch limits increased
    Commercial catch limits for some fisheries have been increased following a review showing stocks are healthy and abundant, Ocean and Fisheries Minister Shane Jones says. The changes, along with some other catch limit changes and management settings, begin coming into effect from 1 April 2024. "Regular biannual reviews of fish ...
    BeehiveBy beehive.govt.nz
    1 week ago

Page generated in The Standard by Wordpress at 2024-03-29T05:01:40+00:00