Dear Greenpeace – difficult cases make bad law

Written By: - Date published: 12:06 pm, July 15th, 2014 - 55 comments
Categories: blogs, climate change, democracy under attack, disaster, global warming, you couldn't make this shit up - Tags: ,

“Difficult cases make bad law” is an old saying I first heard in Law School. The essence is that a case with difficult facts may cause the decision maker to prefer to side with the party who invokes sympathy, rather than the party who may have law and important principles on their side.

I mentioned this saying when I posted previously that I thought Cameron Slater had an arguable case when he complained about a ruling that his website did not qualify as “news media” because no matter how slanted and twisted his site is it does report news, at least of sorts.

Just to make things exquisitely clear I believe that Slater’s treatment of Matt Blomfield has been appalling and I trust that the laws of New Zealand will be enforced without favour and Slater will face the full consequences of what he has done.  But adherence to the rule of law means that you comply with the decisions that don’t go the way you think they should.

This is why Greenpeace’s recent proposals are also causing me problems.

Greenpeace have set this really neat website up called Climate Voter Website which allows individuals to sign up to keep track of parties policies on climate change.  I have signed up myself as the issue is important.  The site aims to “empower climate concerned citizens to use their vote in the September 2014 election to make a difference for the good of present and future generations.”

So far so good.  But the Electoral Commission considers that the website constitutes an “election advertisement” and is therefore subject to a number of legal requirements.  In the Commission’s view Greenpeace should apply for third party registration if it is going to spend more than $12,300 and there is a cap of $308,000 that it can spend during the campaign.  Proceedings are contemplated by Greenpeace seeking a declaration that the website does not breach legal requirements.  The matter is obviously of importance.

Is the site an election advertisement?

Section 3A of the Electoral Act 1993 contains this definition:

3A  Meaning of election advertisement
(1)  In this Act, election advertisement—
(a)  means an advertisement in any medium that may reasonably be regarded as encouraging or persuading voters to do either or both of the following:
(i)  to vote, or not to vote, for a type of candidate described or indicated by reference to views or positions that are, or are not, held or taken (whether or not the name of the candidate is stated):
(ii)  to vote, or not to vote, for a type of party described or indicated by reference to views or positions that are, or are not, held or taken (whether or not the name of the party is stated) …

(2)  None of the following are election advertisements:

(c)  the editorial content of …
(iii)  a publication on a news media Internet site …
(e)  any publication on the Internet, or other electronic medium, of personal political views by an individual who does not make or receive a payment in respect of the publication of those views.

On the face of it the Greenpeace site is trying to persuade voters to vote for parties that will do something about climate change.  How utterly rational and desirable is that?  But persuading voters to support the types of parties that are protective of the environment would appear to qualify under section  3A(1)(a)(2) of the Act in that there will be support expressed in the website a particular type of party, the environmentally protective and sustainable sort.

Do the exceptions apply?  Is the Greenpeace site a news media internet site?

Well possibly.  It is a site that contains information and a description of views although the Electoral Act does not contain a definition of what “news medium” is.

The Evidence Act 2006 does however.  In section 68 “News Medium” is defined as “a medium for the dissemination to the public or a section of the public of news and observations on news”.

But how bizarre is this?  The decision in Cameron Slater’s case which depends on the definition of “news medium” will be of important precedence value to Greenpeace.  Slater is relying on his site being “news media” so that he can protect what he claims is a Journalist’s source.  Greenpeace is hoping that its site is “news media” so that it does not have to register as a third party.  If Slater succeeds then Greenpeace’s claim will be stronger.

Slater has a further problem in that he has to fit within the definition of a “journalist”.  I would be interested if he is “a person who in the normal course of that person’s work may be given information by an informant in the expectation that the information may be published in a news medium”.  If he is currently being paid to do his work then some sort of transparency would be good.

Of course this is not the end of the case for Slater.  The Court can still waive privilege if it believes this to be in the public interest.

As for Greenpeace although my political instincts prefer they do not have to register I wonder about the precedent effect.  Its site does at face value appear to have a different emphasis to Slater’s.  One is high quality and wanting to detail political views of each of the parties.  The other is a cess pit of innuendo and attacks and smears.  It does not feel right that the creator of one should need to be registered and the other is protected but the differences in the emphasis may demand this result.

And to take the argument to its logical extent what if a front organisation set up a comparable website supporting climate denialist parties or parties that believe in chemtrails or that Elvis is still alive and well and living amongst us?  Would we want some transparency about who was behind these sites?

Rather than have different rules for different organisations I prefer that all such websites operate under the same rules.  They should have the backers formally displayed, which the Greenpeace site does, and have a cap on their expenditure.  With the cap at $308,000 I cannot imagine any progressive organisation being impeded in what they want to achieve.

55 comments on “Dear Greenpeace – difficult cases make bad law”

  1. lprent 1

    I’m with Idiot/Savant on this.

    I think that they clearly should. I really don’t think that the Act leaves them a lot of wiggle room. The intent of the act is pretty clear.

    But again there is that rather irritating use of “news media internet site”. This is an advocacy group, but because they use a bit of cheap bandwidth they can call themselves news media? Surely it is the other way around in this act. You have to show yourself to be news media who have a internet site?

    The term is probably a bit more specific than “news medium”

    • Jackal 1.1

      Climate Voter isn’t a news service per se and they aren’t promoting any specific type of party.

      Climate Voter isn’t giving any precedence to one policy over another to cause people to vote, or not to vote for a particular type of party.

      You could argue that some party’s have better climate change policy than others, but that’s not what Climate Voter is doing.

      That’s why the Electoral Act doesn’t apply.

      • lprent 1.1.1

        I agree about the news media internet site biit.

        Clearly the electoral commission doesn’t think so within the Act.

        Nor do I for that matter. Nor I suspect would any lawyer or justice reading that legislation.

        To push a particular course of action at a policy level and then to grade political parties with differing policies is to do exactly what that section of the Act was seeking to constrain.

        You could use your argument to say that asset stripper companies during an election throwing millions of dollars behind the idea that the government should sell all schools don’t have to be controlled using your argument.

        • Jackal 1.1.1.1

          Hypothetically speaking, do all political parties have asset stripping legislation?

          • lprent 1.1.1.1.1

            Yes and no. Most of them will sell some stuff if the price is right. But almost every party apart from Act have things that they won’t sell.

            • Jackal 1.1.1.1.1.1

              The answer is clearly no 1prent. Therefore an organisation or person who was receiving or making payment for an asset stripping campaign that targeted people to vote for or against one type of political party would normally be covered by the Act.

              However I think the main area where Idiot/Savant, the Electoral Commission and your argument is a bit weak is that Climate Voter isn’t being biased in favour of any particular policy or type of party. They’re giving equal attention to all responses, which to my knowledge aren’t graded? Another area where the argument against Climate Voter isn’t consistent with the Act is that they aren’t making or receiving a payment in respect of the publication of views.

              Neither is Bryan Bruce’s Survey Of Political Parties On Child Well-Being Issues or the New Zealand Aged Care Association when they question exactly where political party’s stand on issues they’re concerned with:

              We asked each Political Party to indicate their commitment to four key policy areas we believe are essential to ensure that access to quality care will continue to be delivered in future.

              You cannot honestly be arguing that if politician’s actually respond to that question it would mean ACA’s website becomes an election advertisement and requires a promoter statement etc? That’s about as ridiculous as it gets.

              Unless you can show that section 3A(2) (b)(iii)(iv)(v)(vi) and (e) of the Act somehow doesn’t apply, that would mean the information contained on these and the Climate Voter website aren’t election advertisements under the current law.

              Isn’t it amusing how the Electoral Commission has used a tweet by the Act party saying; “Climate change is an issue that won’t be solved by sabotaging our economy” to try and say Climate Voter is trying to persuade voters to vote or not vote for a particular type of party.

              I guess they just don’t understand how twitter or embedded comments work? It would be a bit silly if the Electoral Commission expected every tweet to have a promoter statement, or that those tweets couldn’t be shared or that politicians should not be allowed to tweet a response to a question. Because that’s what we are really talking about here, the severe curtailing of our freedom of speech and democracy in general.

        • I think the climate voter case is really interesting. While I don’t object at all to them having to carry a promoter statement, I think it’s actually really bad if a spending limit applies to a “loudspeaker” site like Climate Voter, that while it asks a certain type of question, repeats the answers of politicians verbatim and in context, with no editorialising.

          This may be a case of a simple blind-spot in the law, as Climate Voter is really neither an issues-based promotional site in the traditional sense, (ie. it assumes the climate is important to its audience’s vote, but it never editorialises or characterising politicians points of view) nor is it exactly a news service.

          Hell, if Twitter charged microtransactions, you could run afoul of the electoral law for just retweeting anything political. I shudder at the thought of what could happen if we do have some sort of social media in the future that requires transactions to function.

  2. karol 2

    Greenpeace is wanting it both ways, in order to appeal to MOR Kiwis – be both a political advocate, while not wearing a POLITICS tag.

    It seems to me it would be easy enough for them as a well organised outfit, to have an authorisation notice on the site.

  3. shorts 3

    I don’t understand why Greenpeace doesn’t just comply with the Electoral Commissions request – its not a onerous process is it?

    • Cancerman 3.1

      Now I may be wrong but wouldn’t this have an effect on their tax/charitable status which has been an issue for them?

      • lprent 3.1.1

        Why? They are no longer a charity at present by a previous ruling, and it is on appeal.

        Leaves them free to do whatever they want.

        Since their basis for the appeal to the supreme court is that they are an advocacy charity seeking better conservation measures, then this fits exactly into what they are doing. But of course Greenpeace isn’t the only organisation in the Climate Votes. So I’d expect that would be the reason.

        Oh I see, you’re channelling some well known legal nitwits…

        • Jenny 3.1.1.1

          It is my understanding that it is in their international charter that Greenpeace are not to be “political”. That is Greenpeace cannot become a political party or support a political party.I take this to mean that by their own international charter Greenpeace New Zealand are bound to be strictly non-sectarian and non-partisan.

          Overseas this charter to be non-partisan has been defined more narrowly than here.

          Greenpeace New Zealand is a bit of an outlier doing a number of things that have pushed the envelope on a number of local initiatives. The strategic alliance brokered by Mike Smith between Greenpeace New Zealand and Te Whanau a Apanui to defeat Petrobras was something unique for Greenpeace in the world.

          And it proved to be a winner. I think it is an initiative that Greenpeace International could and should emulate.

          But for the purposes of Climate Voter I think Greenpeace are adhering to their charter to be politically non-partisan. If the National Government miraculously started announcing radical policies to reduce green house gasses (or even just moderate ones) they would get the proper amount of coverage and reportage for such an initiative from Climate Voter. This is where the legal challenge against Greenpeace falls down, in claiming that in hosting Climate Voter they are being partisan,

          It is the complainants who are being partisan in trying to stop this issue to be raised.

          And National are not the only party that are interested in doing this as shown from the last election.

          Something had to be done.

          And thank goodness, this time someone is trying to do something about it.

          The snake that swallowed the elephant in the room

          You know what really strikes me about climate change in the election? It’s the absence. It is as if climate change is nearly completely absent from the campaign. When climate change does pop up, it’s portrayed in simplistic soundbites.

          Nick Smith (National) says anthropogenic climate change is real and complex and ‘wicked’. But promises more moderating, balancing and delaying of the NZETS.

          Labour says anthropogenic climate change is real and we will fiddle with some NZETS details for agriculture slightly earlier than National as farmers don’t vote for us anyway.

          The Greens say anthropogenic climate change is real and we have a detailed wonk-friendly exposition on our website, but for this election we are running with “jobs, kids, rivers”

          Simon Johnson at Hot Topic

          In my opinion climate change and the lack of action against it, as as an issue at least as important as inequality.

          Climate Change is an issue that Labour and National don’t want raised, because their policies are very similar. Last Sunday on the TV3 panel Jeanette Fitzsimmons complained that she would struggle to fit a piece of tissue paper between Labour and National over climate change, a fact that Labour in particular don’t want examined by the electorate.

          In the last elections the Green Party deliberately shied away from raising climate on the grounds that they didn’t want to be seen as extremists. Time has moved on, this time round the Green Party has publicly officially dumped this policy. With Green Party leader Russell Norman formally announcing that climate change will be an election issue.

          Climate Politics in the NZ election of 2011

          “The snake has swallowed the elephant in the room”

          You know what really strikes me about climate change in the election? It’s the absence. It is as if climate change is nearly completely absent from the campaign. When climate change does pop up, it’s portrayed in simplistic soundbites.

          Nick Smith (National) says anthropogenic climate change is real and complex and ‘wicked’. But promises more moderating, balancing and delaying of the NZETS.

          Labour says anthropogenic climate change is real and we will fiddle with some NZETS details for agriculture slightly earlier than National as farmers don’t vote for us anyway.

          The Greens say anthropogenic climate change is real and we have a detailed wonk-friendly exposition on our website, but for this election we are running with “jobs, kids, rivers”

          http://hot-topic.co.nz/call-the-cops-neville-chamberlain-only-went-to-munich-once/

          Simon Johnson at Hot Topic

          • lprent 3.1.1.1.1

            That may be the intent. However I suspect that the Electoral Commission and courts will look at the effect rather than the intent.

            • Jackal 3.1.1.1.1.1

              The intent of the Climate Voter campaign is to raise awareness about climate change issues as they relate to our political process. The effect will be to raise awareness about each party’s political position on climate change. It’s the position of each political party that will determine how people vote, not the Climate Voter campaign itself.

              It’s doubtful that a judge will ignore the fact that Climate Voter has been entirely unbiased in the way they present information (which is already freely available online) and determine that the campaign is an election advertisement.

              A judge will also hopefully have a better understanding of how the internet works and won’t have a vested interest in determining whether they have jurisdiction over such matters.

              Jenny

              Last Sunday on the TV3 panel Jeanette Fitzsimmons complained that she would struggle to fit a piece of tissue paper between Labour and National over climate change, a fact that Labour in particular don’t want examined by the electorate.

              I think you’ve hit the nail on the head there Jenny.

  4. McFlock 4

    we-ell they could play silly buggers and just phrase it as illustrating different party policies on climate change, and if someone wants to vote against the environment then that’s the voter’s choice.

    But if they twitch a bit too far then they’ll get pinged, so it would seem to be easiest to just put the damned statement on and register a cross-organisational group to handle the website.

  5. red blooded 5

    This issue was discussed at high levels in my (education) union some years ago. We were also publicising party policies, and did provide some commentary. We had always identified ourselves in advertisements etc – we signed up as a 3rd party. It was borderline – none of our material explicitly promoted a particular party, but we were a legitimate pressure group and it just made sense to be open about it.

  6. Ad 6

    Why don’t they just say “Vote for the Green Party”?
    It’s dishonest as it is. Just front up.

    Otherwise it’s all getting very Exclusive Brethren redux.

    • Draco T Bastard 6.1

      The Green Party isn’t the only one with green policies.

      • Tracey 6.1.1

        But of the existing parties they are the one who had some first, and the move from there to today from all parties is why MMP is crucial, and why the right hates MMP

      • Granted, but it’s the only one with a substantial set of Green policies or with any bankable credibility on Green issues.

    • Macro 6.2

      If you consider that the existing ETS and the targets for GHG emission set by the current government are sufficient then you can still say “yes” to taking action on Climate Change and vote accordingly. The advertisement has not asked you to vote for any political party – but it has asked you to consider the issue.

      • Jackal 6.2.1

        You can’t just ask people to consider environmental issues these days Macro, because the policy wonks will freak right out!

  7. Richard@Down South 7

    I wonder how the law would treat it if it was a .com site hosted in the US

    • lprent 7.1

      Not really differently. It is who is responsible that makes the difference. If they are here then they are responsible.

  8. RJL 8

    You are not looking at this issue like Greenpeace; you have to remember what Greenpeace et al are trying to achieve and take into account that they are not afraid to break the law to make a point.

    For Section 3A ii) of the Electoral Act to apply the High Court will need to conclude that no reasonable person could possibly vote for National (say) on the basis of their climate policy.

    The Electoral Commission have apparently already concluded this, also receiving a High Court judgement that states this sounds like a total and utter win for Greenpeace et al.

    • Jenny 8.1

      “For Section 3A ii) of the Electoral Act to apply the High Court will need to conclude that no reasonable person could possibly vote for National (say) on the basis of their climate policy.”

      Absolutely right RJL

      The government are on a hiding to nothing on this. By taking this action, (no matter who is the mover) it is a huge admission that the government are doing nothing about climate change.

      And are therefore vulnerable on this issue.

      (If only the opposition parties would lose their fear of the fossil fuel lobby and really start to take advantage of this government vulnerability.)

      Good on Greenpeace for mounting a legal challenge against them raising this issue.

  9. Macro 9

    Firstly – It is not just Greenpeace that are involved in the Climate Voter Website. The other environmental organisations are Generation Zero, Forest and Bird, Oxfam, as far as I can recall. All of whom are fiercely apolitical – although their aims may appear to support left wing ideals more than right at the moment.
    Secondly the aim of the website is to promote the consideration of Climate Change as an issue for the election. It simply asks people to give due consideration to this issue when they cast their vote. Does that constitute saying vote a. or b. – don’t vote c? Which it appears is where the the Electoral law would be compromised.
    For instance a person could well claim that they wished to take the issue of climate change as a priority and vote National – after all there is such a thing as an ETS and National have stated “Targets” for emission reductions. Whether or not these are sufficient is up to the consideration of each individual.

    • Tracey 9.1

      Then using the word vote, or the phrase vote for, may have been a mistake.

      Getting the site quite alot of publicity this way…

      • Macro 9.1.1

        I don’t see that using the word “vote” or even “vote for .. ” as used is a problem at all. They are not advocating any particular party or parties. They are just saying

        “Being a Climate Voter means you care about climate change and you want all political parties to do something about it. It means you want real action on climate change and you’re prepared to use your vote to get it. It says you support strategies to rapidly phase out fossil fuels and grow New Zealand’s clean energy and low-carbon potential.

        Climate Voter is a non-partisan initiative powered by an alliance of New Zealand organisations. It aims to empower climate concerned citizens to use their vote in the September 2014 election to make a difference for the good of present and future generations.”

        They are not advocating any party here, they want ALL parties to work on climate change.

        They ask all people who are concerned about Climate Change to think and say they want to vote on this issue in the Election.

      • Macro 9.1.2

        Yes it is getting more attention, numbers increased by 2000 over the past day. 🙂
        But it was NOT the Climate Voter group who initiated this – their request to the Court for clarification is in response to the Electoral Commission who say that the campaign counts as an “election advertisement”, and is therefore subject to rules around wording of communications and spending restrictions.

  10. Steve Wrathall 10

    Greenpeace, Generation Zero, Forest and Bird, Oxfam pretending they’re not political. Isn’t it adorable?

    • RJL 10.1

      What is more adorable is DPF (and perhaps yourself) arguing that National’s climate policies are neither credible nor effective policies.

    • Draco T Bastard 10.2

      ^^^ Steve Wrathall pretending that he’s actually got a point. Isn’t it adorable?

      • Jenny 10.2.1

        It is said that Trotsky once said licking a postage stamp is political. I think that International Greenpeace International has been a bit prissy about not getting involved in politics. Good on Greenpeace NZ for getting their hands dirty.

    • Totally political, but absolutely not partisan, and absolutely not electioneering. They’re not advocating any particular solutions, just informing voters on an issue that many of us are passionate about- tell me, if you had a few right-wing organisations band together to say, ask parties questions about tax policy, and they never commented on the answers to said questions, would it really be fair for anything spent on that to come out of their spending caps?

      I don’t think it would be.

  11. Jackal 11

    Funny how the Electoral Commission is going all ballistic at Climate Voter for raising people’s awareness about climate change, while they did bugger all to nothing about Owen Glen committing the offence of bribery on national TV when he said he would donate at least $100 million to the government if National and Act won the 2011 election. As bad as that boldfaced bribery was, the conman hasn’t even fronted with the cash.

  12. Sable 12

    Since when were the so called laws in this country applied fairly and evenly, give me a break….

    A broken justice system in an increasingly dirty and corrupt country…

    • mickysavage 12.1

      I am not worried at the proposal that Greenpeace should register. Registration means that they have an address on the site, file an application for third party registration and keep under the $308k cap.

      I would prefer that the same sorts of rules applied to everyone.

      • Jackal 12.1.1

        Really? You would prefer that anonymous bloggers had to provide an address to be able to publish anything political?

        • Andrew Geddis 12.1.1.1

          Bloggers are exempt from the defintion of “election advertisement” – see s.3A(2)(e).

          • Jenny 12.1.1.1.1

            The Streisand effect

            Hello Dolly!

          • Jackal 12.1.1.1.2

            You will note that mickysavage’s comment was concerned with “everyone” not just how the Act currently applies. I was pointing out one reason why the Act shouldn’t apply to everyone.

            • mickysavage 12.1.1.1.2.1

              I agree that us humble unpaid bloggers should enjoy an exemption.

          • Jenny 12.1.1.1.3

            You make some good points Andrew.

            I have just read you post on pundit.

            http://www.pundit.co.nz/content/ive-made-a-huge-tiny-mistake

            I started reading with a skeptical eye, but I have to agree, the hypothetical example you gave of a group of rich business men funding a campaign around the TPP makes some sense.

            I was reminded of the very real $multi-million dollar campaign by wealthy businessmen and headed by ex-telecom chair Peter Shirtcliff against MPP which was very nearly successful.

            I will take your thoughts on board.

            P.S. I was heartened to hear that your vote will be influence by which party has the best policies on climate change.

            FYI So far the only political party to officially endorse the Climate Voter campaign is the Mana Party. Hone Harawira the Mana Leader is the only party leader to have officially congratulated Greenpeace for this initiative and has urged all Mana members to sign it.

            http://mana.net.nz/2014/07/protecting-papatuanuku-a-priority-for-mana-harawira/

          • lprent 12.1.1.1.4

            I know. However that is for what we write. If you look at the junk that we have strewn on this site from the unauthorised Climate Vote advertising banner to my amused satirical images on the right, I prefer to be paranoid, cautious, and have a catch-all notice at the bottom of every page.

            Not having to waste time to argue with the electoral commission or do a Cam Slater and/or spend my life in court makes that authorisation notice seem like the easier option. Especially since my name and address are all over the DNS records anyway.

            • Jackal 12.1.1.1.4.1

              Not to dismiss the Climate Voter’s very good argument that its websites aren’t “election advertisements”, but you seem to be ignoring the fact that the campaign is raising even more awareness by taking the issue to the high court. I somehow doubt the same situation would apply to The Standard.

              • lprent

                Yep. But the question is if the exorbitant QC fees are cheaper than a advertising campaign?

                Based on my previous exposure to them, then I suspect that much cheaper public awareness campaigns are possible within the period before the election (because that is an issue that is likely to take many years to resolve in court).

  13. Jackal 13

    Further reading:

    27 June 2014 – Letter to Electoral Commission requesting an opinion on Climate Voter
    http://www.climatevoter.org.nz/documents/To_Electoral_Commission_re_Climate_Voter.pdf

    2 July 2014 Letter of response from the Electoral Commission
    http://www.climatevoter.org.nz/documents/287_Advisory_Opinion_-Greenpeace-_climate_voter_website.pdf

    14 July 2014 – Climate Voter response to the Electoral Commission
    http://www.climatevoter.org.nz/documents/Letter_to_Electoral_Commission_14_07_14.pdf

  14. Draco T Bastard 14

    After some thought on this, I’ve decided that I agree with Andrew Geddis.

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    Closing the GapBy Tracey Sharp
    1 day ago
  • Project Nettie calls on scientists to defend biology
    Please spread widely, and sign, to support science and rationalism over the new irrationalism sweeping universities and institutions.  PROJECT NETTIE Sexual reproduction, the generation of offspring by fusion of genetic material from two different individuals, evolved over 1 billion years ago. It is the reproductive strategy of all higher animals ...
    RedlineBy Daphna
    1 day ago
  • I’m glad I don’t live in Auckland
    Just when I was thinking that Palmerston North's mayoral race (which includes a convicted child molester / public wanker and a convicted child beater) was the worst in the country, Auckland mayoral candidate John Tamihere opened his mouth:Auckland mayoral candidate John Tamihere is being slammed for using the words "sieg ...
    No Right TurnBy Idiot/Savant
    1 day ago
  • Index of Power Update, 2018-19: China #2
    We reprint below an article from the excellent website the Economics of Imperialism by Tony Norfield This is an update of the statistics for my Index of Power, using data for 2018-19 and discussing what a country’s ranking reflects. The major change is that China’s rank has shifted up and ...
    RedlineBy Daphna
    2 days ago
  • Climate Change: A history lesson
    Why is New Zealand climate change policy so crap? The Herald this morning has a long article on the twists and turns of climate change policy in New Zealand [paywalled / depaywall script], which shows where we've been. The short version is that the government first began worrying about this ...
    No Right TurnBy Idiot/Savant
    2 days ago
  • What the All Blacks Mean to Us
    The All Blacks have been, for more than a century, arguably the most successful International sports team in the world. But they are more than that; even for those Kiwis who are immune to the charms of rugby (and there are more than a few), the All Blacks are ambassadors ...
    Bryan GouldBy Bryan Gould
    2 days ago
  • No one is born into the wrong body
    A short and incredibly powerful speech from a young lesbian woman. No one is born in the wrong body. ...
    RedlineBy Daphna
    2 days ago
  • Contempt
    Back in June, the UK Court of Appeal ruled that that country's continued arms sales to Saudi Arabia were unlawful. So you'd expect that the UK government stopped approving them, right?Of course not:The government has apologised for breaching a court ruling against the sale of weapons to Saudi Arabia that ...
    No Right TurnBy Idiot/Savant
    2 days ago
  • Covering up the cover-up
    Yesterday NZDF officials were put on the stand about the lies they had told over Operation Burnham, making implausible claims that it was all a big mistake. But along the way, we learned they had already been put on the spot about it by a previous Defence Minister, who had ...
    No Right TurnBy Idiot/Savant
    2 days ago
  • Not as important as they think they are
    Farmers have been whining a lot lately, about the methane targets in the Zero Carbon Bill, about Canterbury's proposed nitrogen limits, and about the government's new proposals to stop them from shitting in our lakes and rivers. These policies are "throwing farmers under the tractor", they will force farmers off ...
    No Right TurnBy Idiot/Savant
    3 days ago
  • Behind Every Good Woman Should Stand – Another Good Woman.
    Alone, Alone, All, All, Alone: To argue that the Prime Minister is the victim of her advisers’ failure to keep her informed may offer Jacinda some measure of exoneration – but only at the cost of casting her as a hopeless political ingénue. A star-dusted muppet, whose only purpose is to ...
    3 days ago
  • Poor quality, poorly educated kiddie ‘Journalists’ spreading fake news
    In times of hysteria about the “World coming to an end” and “rising sea levels” so-called ‘Journalists’ who can barely spell words longer than four letters are having a ball! Though the majority of the Public have worked out that manmade climate change is nothing short of pseudo-science, and the ...
    An average kiwiBy admin@averagekiwi.com
    3 days ago
  • Chris Trotter on the BFD
    I don't want to give pblicity to certain parts of the internet that are better left to fester in their own irrelevance (I know, a bit like this place) but the listing of Chris Trotter as a 'author' on Cameron Slater's spinoff website, the BFD requires some explanation.Now, I don't ...
    3 days ago
  • Sex is not a spectrum
    The text below is a Twitter thread by Heather Heying that explains the essence of sexual reproduction and it long evolutionary history. She is an evolutionary biologist and a “professor-in-exile” after she and her husband, Bret Weinstein, stood up to supporters of an enforced “Day of Absence” for white staff and teachers ...
    RedlineBy Daphna
    3 days ago
  • Climate Change: Trees, aviation, and offsets
    With crunch time for new Zealand climate policy approaching, most of the New Zealand media have got on board with a global reporting effort to cover the issue. There's one strand of stories today about polling and what it shows about changing public attitudes to the crisis, but the strand ...
    No Right TurnBy Idiot/Savant
    3 days ago
  • Pissing-Off The Israelis Is A High-Risk Strategy.
    Dangerous Foes: For those readers of Bowalley Road who feel disposed to dismiss any prospect of an Israeli destabilisation of New Zealand politics, the example of the United Kingdom repays close attention. Ever since the election of Jeremy Corbyn as leader of the British Labour Party, the Israelis have sanctioned, funded and ...
    3 days ago
  • Something to go to in Wellington
    Make It 16, the youth-led campaign to lower New Zealand's voting age, is holding an official campaign launch at Parliament this Friday from 16:30. If you'd like to attend, you can register using EventBrite here. ...
    No Right TurnBy Idiot/Savant
    4 days ago
  • A founding member responds to Peace Action Wellington
    by Don Franks It was a lovely sunny Wellington afternoon with blue skies above  the beaches.  In Courtenay Place, political activists packed out a stuffy upstairs room for an important meeting. The assembled pacifists, anarchists, communists and independent young radicals of Peace Action Wellington felt the need for a mission ...
    RedlineBy Admin
    4 days ago
  • “Mistakes and errors”
    Current and former NZDF top brass are being publicly grilled this week by the hit and run inquiry over their public responses to allegations of civilian casualties. Previously, they've claimed there were no casualties, a position which led them to lie to Ministers and to the public. Now, they're saying ...
    No Right TurnBy Idiot/Savant
    4 days ago
  • “Homosexuality is same-sex attraction and relationships, not heterosexuals with delusions of gende...
    by Rafael D. Quiles (gender-critical gay man from Puerto Rico) The writing on the wall is right in people’s faces and people just don’t see it or don’t want to. What could actually possess a heterosexual male to want to feminize himself and claim that he is a lesbian? Because ...
    RedlineBy Admin
    4 days ago
  • Trump: “Where’s my favourite dictator?”
    From the Wall Street Journal:Inside a room of the ornately decorated Hotel du Palais during last month’s Group of Seven summit in Biarritz, France, President Trump awaited a meeting with Egyptian President Abdel Fattah Al Sisi. Mr. Trump looked over a gathering of American and Egyptian officials and called out in ...
    5 days ago
  • Magdalen Burns, 1983-2019, fighter for women’s liberation
    by the Redline blog collective At Redline we are very saddened to hear of the death of Magdalen Burns who passed away on the morning of Friday, September 13 (British time). Magdalen was a great fighter for the rights of women in general and lesbian women in particular, a defender ...
    RedlineBy Admin
    5 days ago
  • Parliament and the Executive
    The Brexit issue has certainly brought with it a series of apparently difficult constitutional issues, many of them concerning the respective roles of the executive and parliament. Most of them arise because of the unwillingness of MPs, despite their professions to the contrary, to be bound by a constitutional rarity ...
    Bryan GouldBy Bryan Gould
    6 days ago
  • The Abigail Article; Martyn Bradbury’s Article, and My Response
    . . This blogpost is different to my usual format of reporting on issues… Since July 1011, I have blogged on a variety of political issues; near always political and/or environmental; mostly highly critical of the previous National Government. Other issues included Israeli occupation of Palestinian lands and repression of ...
    Frankly SpeakingBy Frank Macskasy
    6 days ago
  • Police will have to wear silly Buckingham Palace hats from now on, says Police Minister
    Those close to the Police Minister believe the initiative may be the result of Nash “seeing a great deal” on AliExpress. In a move that comes seemingly out of nowhere, Police Minister Stuart Nash announced this afternoon that he expects all frontline staff to don bearskin hats, famously worn by ...
    The CivilianBy admin
    6 days ago
  • A sensible crackdown
    The government has released its Arms Legislation Bill, containing the second tranche of changes to gun laws following the March 15 massacre. And it all looks quite sensible: a national gun register, higher penalties for illegal possession and dealing, tighter restrictions on arms dealers and shooting clubs, and a shorter ...
    No Right TurnBy Idiot/Savant
    6 days ago
  • California bans private prisons
    Private prisons are a stain on humanity. Prison operators explicitly profit from human misery, then lobby for longer prisons terms so they can keep on profiting. And in the US, prison companies run not only local and state prisons, but also Donald Trump's immigration concentration camps. Faced with this moral ...
    No Right TurnBy Idiot/Savant
    7 days ago
  • Why PPPs are a bad idea
    When National was in power, they were very keen on Public-Private Partnerships (PPPs) - basicly, using private companies to finance public infrastructure as a way of hiding debt from the public. They were keen on using them for everything - roads, schools, hospitals. But as the UK shows, that "service" ...
    No Right TurnBy Idiot/Savant
    7 days ago
  • A Movement That No Longer Moves.
    Moving And Shaking: There was a time when people spoke matter-of-factly about the “labour movement” – a political phenomenon understood to embrace much more than the Labour Party. Included within the term’s definition was the whole trade union movement – many of whose members looked upon the Labour Party as ...
    7 days ago
  • NZ ‘left’ politically embracing extreme postmodernism
    by Philip Ferguson Much of the left, even people who formally identify as marxists, have collapsed politically in the face of postmodern gender theory of the sort pioneered by American philosopher Judith Butler. For Butler even biological sex is socially constructed. “If the immutable character of sex is contested, perhaps ...
    RedlineBy Daphna
    1 week ago
  • The obvious question
    The media is reporting that the (alleged) Labour party sexual assaulter has resigned from their job at Parliament, which means hopefully he won't be turning up there making people feel unsafe in future. Good. But as with everything about this scandal, it just raises other questions. Most significantly: why the ...
    No Right TurnBy Idiot/Savant
    1 week ago
  • The moment I found out that you found out, I acted swiftly
    By Prime Minister Jacinda Ardern I am every bit as angry as you are. I am every bit as disappointed as you must be. The people with power, oversight and the ability to do something about these processes within the Labour Party should be ashamed. Whoever those people are, I ...
    The CivilianBy admin
    1 week ago
  • This is why people hate property developers
    Property developers think there is an "oversupply" of houses in Auckland:High turnover rates and falling prices may be a sign that there are too many new houses going in to some parts of Auckland, commentators say. [...] Property developer David Whitburn said there was a "bit of an oversupply" in ...
    No Right TurnBy Idiot/Savant
    1 week ago
  • Australia to Pacific: “Fuck you, you can all drown”
    World leaders are meeting in New York in two weeks for the 2019 Climate Action Summit, where they are expected to announce new and more ambitious targets to stop the world from burning. But the Australian Prime Minister won't be there, despite being in the USA at the time:Scott Morrison ...
    No Right TurnBy Idiot/Savant
    1 week ago
  • Implausible ignorance
    Labour Party president Nigel Haworth resigned yesterday over the party's sexual assault scandal. But while that's good news, its unlikely to take away the stench of a coverup. Because according to Paula Bennett in Parliament yesterday, pretty much everyone in the Prime Minister's office was involved as well:I have been ...
    No Right TurnBy Idiot/Savant
    1 week ago
  • Labour’s Fatal Flaw.
     Two-Faced? Labour insiders' commitment to the neoliberal status quo puts them at odds with their party’s membership; its trade union affiliates; and a majority of Labour voters, but this only serves to strengthen the perception they have of themselves as a special elite. Among the lesser breeds, they’ll talk up a ...
    1 week ago
  • Ten reasons the Tories do NOT want an election
    There has been a lot of talk about Boris Johnson wanting an election, and he has blustered with great gusto about 'chicken' Jeremy Corbyn refusing one, but I think there are many reasons why he is secretly glad he has been refused the opportunity:The Tories are an utter rabble,tearing themselves ...
    1 week ago
  • Prorogation Illegal, rule Scottish judges
    Scottish appeal court judges have declared that Boris Johnson’s decision to suspend parliament in the run-up to the October Brexit deadline is unlawful. The three judges, chaired by Lord Carloway, Scotland’s most senior judge, overturned an earlier ruling that the courts did not have the powers to interfere in the prime ...
    1 week ago
  • Let me explain what I meant by Everyday New Zealanders
    By Simon Bridges. The following is a press release from the office of Simon Bridges, leader of The National Party. Key ora, New Zealand. Happy Maori Language Week. Look, I’m writing to you today because I want to clear something up. There’s been a lot of kerfuffle around some things ...
    The CivilianBy admin
    1 week ago
  • Yes, the SIS is subject to the Public Records Act
    I understand there's some stuff going round about how the SIS "was removed from the list of public offices covered by the Public Records Act in 2017". The context of course being their records derived from US torture, which will be disposed of or sealed. The good news is that ...
    No Right TurnBy Idiot/Savant
    1 week ago
  • An evidence-based discussion of the Canadian fluoride/IQ study
    Dr. Christopher Labos and Jonathan Jarry discuss the recent Canadian fluoride/IQ research. They provide an expert analysis of the paper and its problems. Click on image to go to podcast. The critical debate about the recent ...
    1 week ago
  • Climate Change: Australia in denial
    Australia is burning down again, and meanwhile its natural disaster minister is denying climate change:Australia’s minister responsible for drought and natural disasters, David Littleproud, has said that he doesn’t “know if climate change is manmade”. Clarifying earlier comments that the question is “irrelevant” when considering the Coalition government’s response to ...
    No Right TurnBy Idiot/Savant
    1 week ago
  • Philippines activist speaking on the Duterte tyranny
    Auckland Philippines Solidarity is excited to host Professor Judy Taguiwalo for a speaking tour of NZ in September. She is a well-known activist in the Philippines and was a political prisoner under the Marcos dictatorship. Professor Taguiwalo briefly served as a Cabinet member under President Duterte but was forced from ...
    RedlineBy Daphna
    1 week ago
  • Disgust
    I have no special insights to offer on the Labour sexual assault coverup. All I have is disgust. Disgust that an organisation could fail its people so badly. Disgust that they punished the victims rather than the perpetrator. Disgust that its party hacks are apparently blaming the victims for demanding ...
    No Right TurnBy Idiot/Savant
    1 week ago
  • Speak Up for Women calls out Greens’ censorship
    This open letter to the Green Party was penned after an opinion piece by Jill Abigail, a feminist and founding member of the party, was censored by the Greens’ leadership. (Redline has reprinted her article here).The intolerance of the Green Party leaders and their acceptance of the misogyny of gender ...
    RedlineBy Daphna
    1 week ago
  • Member’s Day: End of Life Choice, part 3
    Today is a Member's day, and David Seymour's End of Life Choice Bill continues its slow crawl through its committee stage. They're spending the whole day on it today, though the first hour is likely to be spent on voting left over from last time. After that they'll move on ...
    No Right TurnBy Idiot/Savant
    1 week ago
  • Flight to Los Angeles turned back after passengers decide they don’t want to go anymore
    An ambitious plan to fly to Los Angeles petered out into a brief sight-seeing trip and a desire to return home and get some sleep before work tomorrow. Air New Zealand has confirmed a flight to Los Angeles last night was turned back about a quarter of the way into ...
    The CivilianBy admin
    1 week ago
  • Indigenous Futures: defuturing and futuring – an analytical framework for policy development?
    There appears to be consensus – by omission – that the concept of indigenous futures should be accepted at face value. So I scavenged the internet to see if I could locate an academic descriptor or a framework around how we think about it as a concept, and whether it ...
    EllipsisterBy Ellipsister
    1 week ago
  • Cadbury rumoured to be releasing the Pineapple Trump
    Here’s another novelty chocolate to shove in your gob, New Zealand Cadbury could be seeking to make itself great again with a rumoured new release: Pineapple Trumps, a spin on its classic chocolate-encased pineapple treat and do-it-yourself tooth remover. The global confectionery manufacturer and bumbling “before” character in an infomercial, ...
    The CivilianBy admin
    1 week ago
  • The coming resource war.
    During my time in the Pentagon I had the privilege of sitting down with military leaders and defence and security officials from a variety of Latin American nations. Sometimes I was present as a subordinate assistant to a senior US defence department official, sometimes as part of a delegation that ...
    KiwipoliticoBy Pablo
    1 week ago
  • Māori Language Week with The Civilian
    Kia ora, Aotearoa. It’s that magical time of year. Te Wiki o te Reo Māori. In English, the week that frightens talk radio. As you probably know by now, all your favourite media outlets are participating, some more successfully than others. Stuff has changed its name to Puna for the ...
    The CivilianBy admin
    1 week ago
  • Will Horizons act on climate change?
    Local body elections are coming up next month. And it looks like all Palmerston North candidates for Horizons (the Manawatu-Whanganui Regional Council) want to take action on climate change:Climate change is set to be a key issue in Palmerston North for the next three years if those wanting to get ...
    No Right TurnBy Idiot/Savant
    1 week ago
  • BORA reform is stalled
    Eighteen months ago, the government promised to strengthen the Bill of Rights Act, by explicitly affirming the power of the courts to issue declarations of inconsistency and requiring Parliament to formally respond to them. So how's that going? I was curious, so I asked for all advice about the proposal. ...
    No Right TurnBy Idiot/Savant
    1 week ago
  • Corbyn and Brexit
    As the Brexit saga staggers on, the focus is naturally enough on the Prime Minister and his attempts to achieve Brexit “do or die”. But the role played by the Leader of the Opposition is of almost equal interest and complexity. The first problem for Jeremy Corbyn is that he ...
    Bryan GouldBy Bryan Gould
    1 week ago
  • A ditch for him to die in
    Last week, English Prime Minister Boris Johnson boldly declared that he would rather die be dead in a ditch than delay Brexit. Unfortunately for him, the UK parliament accepted the challenge, and promptly dug one for him. The "rebellion bill" requires him to ask for and secure yet another temporary ...
    No Right TurnBy Idiot/Savant
    1 week ago
  • Warning! Warning! Danger Jacinda Ardern! Danger Marama Davidson! Warning!
    Lost In Political Space: The most important takeaway from this latest Labour sexual assault scandal, which (if I may paraphrase Nixon’s White House counsel’s, John Dean’s, infamous description of Watergate) is “growing like a cancer” on the premiership, is the Labour Party organisation’s extraordinary professional paralysis in the face of ...
    1 week ago
  • Union solidarity with Ihumatao land occupation
    by Daphna Whitmore Every Sunday for the past two months unionists from First Union, with supporters from other unions, have set out to the Ihumatao land protest, put up gazebos and gas barbeques, and cooked food for a few hundred locals and supporters who have come from across the country. ...
    RedlineBy Daphna
    1 week ago
  • Climate Change: The wrong kind of trees?
    Newsroom today has an excellent, in-depth article on pine trees as carbon sinks. The TL;DR is that pine is really good at soaking up carbon, but people prefer far-less efficient native forests instead. Which is understandable, but there's two problems: firstly, we've pissed about so long on this problem that ...
    No Right TurnBy Idiot/Savant
    1 week ago
  • No freedom of speech in Turkey
    Canan Kaftancioglu is a Turkish politician and member of the opposition Republican People's Party (CHP). Like most modern politicians, she tweets, and uses the platform to criticise the Turkish government. She has criticised them over the death of a 14-year-old boy who was hit by a tear gas grenade during ...
    No Right TurnBy Idiot/Savant
    1 week ago
  • Speaker: Tadhg Stopford: Why I’m standing for the ADHB
    Hi there, just call me Tim.We face tough problems, and I’d like to help, because there are solutions.An Auckand District Health Board member has nominated me for as a candidate for the ADHB, because her MS-related pain and fatigue is reduced with hemp products from Rotorua.  Nothing else helped her. If I ...
    2 weeks ago
  • Good little vassals
    The Inspector-General of Intelligence and Security has published their report on whether the SIS and GCSB had any complicity in American torture. And its damning. The pull quote is this:The Inquiry found both agencies, but to a much greater degree, the NZSIS, received many intelligence reports obtained from detainees who, ...
    No Right TurnBy Idiot/Savant
    2 weeks ago
  • Who Shall We Turn To When God, And Uncle Sam, Cease To Defend New Zealand?
    Bewhiskered Cassandra? Professor Hugh White’s chilling suggestion, advanced to select collections of academic, military and diplomatic Kiwi experts over the course of the past week, is that the assumptions upon which Australia and New Zealand have built their foreign affairs and defence policies for practically their entire histories – are ...
    2 weeks ago
  • The Politics of Opposition
    For most of the time I was a British MP, my party was out of government – these were the Thatcher years, when it was hard for anyone else to get a look-in. As a front-bencher and shadow minister, I became familiar with the strategies required in a parliamentary democracy ...
    Bryan GouldBy Bryan Gould
    2 weeks ago
  • More expert comments on the Canadian fluoride-IQ paper
    The Green et al (2019) fluoride/IQ is certainly controversial – as would be expected from its subject (see If at first you don’t succeed . . . statistical manipulation might help and Politics of science – making a silk purse out of a sow’s ear). Anti-fluoride campaigners have been actively promoting it ...
    2 weeks ago
  • The return to guerrilla war in Colombia
    by Gearóid Ó Loingsigh On August 29th a video in which veteran FARC (Revolutionary Armed Forces of Colombia) commander Iván Márquez announced that they had taken up arms again was released. There was no delay in the reaction to it, from longtime Liberal Party figure and former president Uribe, for ...
    RedlineBy Admin
    2 weeks ago

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