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I Fought the Law

Written By: - Date published: 8:28 pm, April 28th, 2015 - 148 comments
Categories: Ethics, human rights, john key, law, Minister for International Embarrassment, national, uncategorized - Tags: , ,

There have been quite a few questions raised about the legal and political implications of the Prime Minister’s harassment of an Auckland cafe worker, Amanda Bailey. Former National Party MP Marilyn Waring aced it when she said “I’m getting tired of it being called anything but illegal”.

So, I thought it would be useful to look at the areas of the law that potentially impact on the matter, from the factual to the fanciful. Hopefully I’ve covered all the bases; readers can always add to the list if I’ve missed any legal options. For the avoidance of doubt, this does not mean that the author or the Standard are definitively saying that John Key or others involved are guilty of any specific crime or have breached any Act. That is something for the judicial system to determine, as legal processes roll out.

Firstly, the cafe.

The Prime Minister has admitted repeatedly physically touching the cafe worker. Amanda Bailey says that she asked him to stop and that he continued. She also told her manager, who tried to intervene. While obviously there is no direct employment relationship between Key and the staff member, as a client of the cafe, his behaviour impacts on her employment. Employment law expert Susan Hornsby-Geluk notes that workers have the right to work without harassment from members of the public”. I think most of us kinda take that for granted in our jobs, but harassment is a constant issue in the hospo industry. Drunks obviously, but men drunk on power too, it appears.

All employers are required by the Health and Safety in Employment Act 1992 to ensure the safety of employees by taking all practicable steps to provide and maintain a safe working environment. If the cafe manager was aware and failed to stop the behaviour, Amanda Bailey probably also has an Employment Relations Act claim for unjustified disadvantage. That is, the employer has failed to take reasonable steps to protect her and this failure negatively impacted on her employment.

Further, if, as has been claimed, the employer deliberately allowed Bailey to talk to a journalist while she was under the impression the interview was for the cafe’s own PR purposes, it is entirely possible she has a claim under the ERA for breach of trust and/or disadvantage, and under the Privacy Act or the Human Rights Act for deception that compromised her privacy.  Readers might recall the ‘Cake’ case from a few months ago. While not directly comparable in regard to the circumstances, it shows the result of an employer deliberately harming an employee’s work prospects and public standing can be substantial, both in terms of financial cost and reputational damage.

If I was advising the cafe owners, I’d say settle. Fast.

Secondly, The New Zealand Herald.

If it is true that the journalist concerned, Rachel Glucina, lied about her role (claiming to be doing her alternative job of PR, when she was actually intent on writing a story for the paper), then she may face disciplinary action from her employer and censure from both the Press Council and PRINZ, the peak body for PR professionals. There is also a chance that a Privacy Act/Human Rights Act claim could be taken against both the paper and Glucina.

The constantly changing story about whether the cafe worker was properly informed certainly suggests Granny was worried that an ethical line might have been crossed. If it’s proven that Glucina got the interview under false pretences, then it’s all rather embarrassing for the paper and its editor. If the Herald is anything like the Murdoch media, they’ll throw the ‘rogue’  journalist under a bus rather than admit any systemic failings. Systemic failings like hiring Glucina in the first place.

Lastly, the PM.

He has admitted the harassment. He could potentially be a witness in an ERA case. He is now facing a Human Rights Act claim, accused of sexual harassment by private prosecutor Graham McCready. Key could also be charged with multiple assaults. Quoted in the Herald, University of Auckland law professor Bill Hodge believes Mr Key could be investigated for common assault for “hostile touching”.

The testimony from the Police officers in Key’s Diplomatic Protection unit who witnessed the events will be fascinating. Kinda makes you wonder why they couldn’t spot what appear to be repeated assaults, but hey, given that they’re just glorified golf caddies, that’s probably too much to ask. McCready has also begun proceedings against the police for what appears to be dereliction of duty.

Obviously, if he is charged with assault, Key will have little option but to stand aside as Prime Minister. If he is convicted, there’s no way back. As the John Banks case showed, under the Electoral Act 1993, conviction of an offence that carries a potential two year or more prison sentence (even if it is not imposed) disqualifies the guilty person from being an MP .  It might also make visiting the Hawaiian holiday home tricky; last time I heard US Customs weren’t big on letting violent crims into the country.

The same stand down scenario probably should apply if he faces ERA, Privacy Act or Human Rights Act cases, but I suspect Key would try and wriggle out of his moral obligations there, claiming they were less serious than criminal charges. Or that Labour did it too.

The Police could also decline to prosecute assault or harassment charges, taking the ‘not in the public interest line’, but given that some of their own sworn officers are witnesses to or even passive enablers of the repeated assaults, that would look mighty weak.

There is some possibility that actually being charged or sued will do Key a favour; the media will be reluctant to report on a case that is going before the courts. Dr Catherine Strong points out the downside of that msm caution, noting that this “would be disappointing because the overall issue needs to be aired and discussed by the public.”. Happily, I think the public will be discussing this for quite some time, whether or not Key’s charged. This one ain’t going away.

Whatever the legal outcomes, Key is likely to be spending the next few months, or even years, cleaning up this mess. For example, the John Banks case is still before the courts five years after the offence was committed. It hasn’t helped Banksie’s political career one little bit. Of course, the taxpayer will be paying for much of the legal advice Key will be getting. No doubt the Taxpayers Union will be keeping a close eye on the bill. Or not, as the case may be.

While Key has damned himself by saying he is NZ’s most casual Prime Minister, that doesn’t mean he doesn’t put the hours in. Being PM is a tough, demanding gig. Doing that job and fighting protracted legal battles to minimise the damage of things he has already admitted doing is going to hobble him. It’s one thing to defend accusations; another thing altogether defending accusations you’ve already admitted are true. Even if he grimly hangs on Key is now being openly laughed at. Not with, at. That’s gotta hurt. And the rest of his caucus knows that, well, weirdos don’t win elections.

No, I think the best thing for Key, and the National Party, is for him to resign and deal with the legal fallout as a private citizen. But he won’t want to do that because he knows, despite his desperate denial that there is a power imbalance in this matter, that if he doesn’t have the power that goes with being Prime Minister there’s every chance the judiciary might treat him just like any other middle aged man who admitted repeatedly playing with the hair of a young woman against her wishes.

And, well, I’m sure we would all agree it would be a terrific shame if Key missed out on a fourth term because he was serving a first term. But it’s possible, it’s possible.

 

 

148 comments on “I Fought the Law”

  1. Lanthanide 1

    “Obviously, if he is charged with assault, Key will have little option but to stand aside as Prime Minister. If he is convicted, there’s no way back. ”

    It must be noted however, that this is only if he is *convicted*. The Maori King’s son was found guilty of drink-driving and theft, but the court decided not to convict him, citing it would be disproportionate to the offending and he had already been punished enough in the court of public opinion. Thankfully the court of appeal later reversed this decision.

    But it’s quite possible this would happen in Key’s case – as far as assault goes, and general criminality, it really is on the low end of things – which after all is the whole reason he’s still in the job and wasn’t forced to immediately resign. Convicting him of assault and therefore forcing him to end his tenure in the highest office of the land could be seen as disproportionate, and that being found guilty and the subsequent public discussion would be punishment enough.

    • weka 1.1

      If he is charged, do you think he could stay on as PM in the lead up to the trial?

      • Lanthanide 1.1.1

        Hard to say.

        He’d probably do his utmost not to stand down. He could try and play his “I had my private citizen hat on at the time” card.

        • Tracey 1.1.1.1

          “Hard to say”

          What is your opinion Lanth, in such a circumstance do you think he could or should stay?

          • DoublePlusGood 1.1.1.1.1

            Kind of a meaningless point really, when you consider he should have resigned >10 times already.

          • Lanthanide 1.1.1.1.2

            I’m really on the fence. Like I said, in terms of assault, either violence or sexual, it really is on the very low end of the scale, and that’s why he hasn’t resigned for it.

            So the question is, if charges were to be laid, would that interfere with his ability to do his job as PM? It could interfere with his ability to campaign, given all the photos of him touching children’s hair while campaigning. But day-to-day PM responsibilities? I don’t really see that it would interfere with them.

            It’s no different from people being investigated for a crime that has no bearing on their ability to do their job – a traffic violation for example.

            I guess you can extend his responsibilities of PM to representing the country and all individuals within it, and setting a high moral standard for everyone else. In that capacity certainly he has difficulty. But I don’t see that criminal charges would make a difference there – he is already held in disrepute by the public for this, but hasn’t resigned (and I haven’t heard much pressure for him to resign over this).

            • Tracey 1.1.1.1.2.1

              Thanks Lanth

              There is also the Cabinet Manual, which he has breached and which includes how he behaves in his personal capacity…

              Yet, Key accepted (forced?) Gilmore’s resignation… he touched no one..

              • Lanthanide

                Re: Cabinet Manual, that would tip me just slightly over to the “he should stand down if charged” side. I don’t think he will, though, simply because of the contempt this executive holds for the cabinet manual.

                Re: Aaron Gimour, Key’s active physical touching is inarguably worse than Gimour’s verbal harrassment. What really differentiates the two however is the repeated nature of Key’s abuse, especially after he had been told and the waitress had made it obvious that she didn’t like it and wanted him to stop.

                • freedom

                  I am unsure why people keep referring to the Gilmore case.
                  Is it simply because the offending occurred in a place that wasn’t an ‘official workplace’ of the offender?

                  New Zealand is the PM’s workplace as far as I am concerned.
                  Isn’t the Sutton case a closer fit, as it did actually involve repeated and unwelcome physical contact?

                  • McFlock

                    Yes, sutton is probably closer on those grounds, but Gilmore is also similar because it is the type of relationship that key had (customer:hospo) and the same attitude (I can say or do what I want to you and you must take it and thank me for the privilege of serving me). Although key was apparently sober, whereas Gilmore might well have been drunk.

                    Drunkenness doesn’t excuse Gilmore, but can explain the lack of the little angel telling one to shut the fuck up

  2. Sacha 2

    Glucina does not belong to PRINZ. Nor is she much of a ‘journalist’. Her editor and publisher on the other hand may have cases to answer to the Press Council for their role.

    • How do you know about her membership or otherwise of PRINZ, Sacha? I tried to find out without any success.

      • Hayden 2.1.1

        I seem to recall the head of PRINZ stating that she wasn’t a member, but I’m buggered if I can remember where.

        • dukeofurl 2.1.1.1

          Cant find any mention on the web about PInk PR – there is a business in USA with the same name.

          I think its just a front company for her work as a columnist, that way her expenses are covered by the company, such as a vehicle etc.

        • flynn 2.1.1.2

          Twitter

          [Cheers, flynn. The twitter exchange flynn links to shows Glucina is not a PRINZ member. TRP]

        • They disowned Carrick Graham pretty loudly, you might be thinking of that?

        • Tracey 2.1.1.4

          Russell Brown tweeted that she wasn’t.

  3. Sacha 3

    “The testimony from the Police officers in Key’s Diplomatic Protection unit who witnessed the events will be fascinating. Kinda makes you wonder why they couldn’t spot what appear to be repeated assaults …”

    Apparently their standard practice is to face away from the PM and scan for risks to his safety rather than look at what he is doing. Not good witnesses, then.

    • weka 3.1

      Hard to either intervene or give evidence if you think that sexual harassment is instead a social act.

      Mr McCready has also made an official complaint to the Independent Police Conduct Authority, asking it to look at whether two members of the Prime Minister’s diplomatic protection squad should have intervened during the incidents.

      However, C4 Group chief executive Chris Lawton – a former police officer and bodyguard – said yesterday that it was not the job of the protection squad to tell the Prime Minister how to act socially.

      He said in a private social situation like a cafe visit, diplomatic protection staff would be taking a backseat approach.

      http://www.radionz.co.nz/news/national/272079/hurdles-for-private-ponytailgate-prosecution

      • blacksand 3.1.1

        I can just imagine how much of a backseat approach they’d be taking if I tried to fondle his hair in such a “private social situation”.

        I dare say my backseat would be hitting the ground pretty damn hard, and I can’t imagine many of the sycophants of the last week having much sympathy.

      • Hanswurst 3.1.2

        That’s a ridiculous analysis. They don’t have to tell the Prime Minister to do anything. They could ascertain the woman’s views on the situation, talk to management or inform their own superiors, who would be better capable of following it up objectively and without conflicts of perspective due to being directly involved with Mr. Key.

      • Tracey 3.1.3

        Russell Brown suggested it here

        https://twitter.com/publicaddress/status/590977331902054400IF the bodyguards didn’t feel they could intervene (assuming they knew it was illegal or inappropriate behaviour) how on earth can people think she should have stood up for herself earlier?

        • weka 3.1.3.1

          Either link is broken or he’s removed that tweet. I had a look back through his last day or so of tweets but can’t see it.

          • Tracey 3.1.3.1.1

            it is there but this is what he tweeted

            Has anyone ever used Glucina’s PR company? Not a PRINZ member, doesn’t have a website.

            8:35am – 23 Apr 15

            • weka 3.1.3.1.1.1

              ??? that’s about Glucina not the bodyguard issue.

              Does this link work for anyone else? https://twitter.com/publicaddress/status/590977331902054400IF

            • freedom 3.1.3.1.1.2

              there was a small typo in your link Tracey

              can’t see anything about the bodyguards though

              • Tracey

                Ok, ok, sorry. I didn’t put a space… the bodyguard comment was mine… does it have more or less veracity cos I said it and not Russell Brown? 😉

                AND it was meant as a reply to the discussion about glucina and the PR membership not the bodyguards, so sorry all round

                • weka

                  Depends (I wanted to see what conversation the Brown tweet generated, and Brown speaks influentially to the middle classes, so I’m always interested to see what he says and where it goes), but the degree of confusion and chasing round looking for something that doesn’t exist is annoying.

                  • Tracey

                    • weka

                      Yes, that’s the link from before, a Russel Brown tweet about Glucina but nothing to do with this subthread.

                      edit, my comment above starting Depends, was before your edit of your comment with AND.

                • freedom

                  I think you are bang on with the idea if the security couldn’t step in to stop the PM after being told about the behaviour being unwelcome, what chance did Amanda’s objections have of being heeded?

                  Their inaction just enforces the obvious power imbalance.

    • McFlock 3.2

      Well that will probably be the procedure if they were required to testify: “I was looking away at the time”.

      But they’d still be watching people in proximity to the PM for fear of someone pouring coffee of the jerk’s head. So if nobody on his detail saw his repeated behaviour, they should be fired for gross incompetence.

    • Murray Rawshark 3.3

      In a lot of photos I have seen, at least one of them is usually watching FJK as he interacts with people. They don’t actually have a perimeter to defend, they have to watch in all directions.

      • Tracey 3.3.1

        of course, cos the person Key is interacting with could be the biggest threat, so at least one saw.

        • miravox 3.3.1.1

          If that’s the case, they didn’t intervene in a situation where they’d presumably be tut-tutting the the general public for standing and watching.

          At what crime level do they see themselves as being responsible citizens I wonder.

          • Tracey 3.3.1.1.1

            I suspect to defend themselves they will be saying that she didn’t behave as though she was uncomfortable or objecting.

            • freedom 3.3.1.1.1.1

              from the original post from Amanda
              “I told his security that I was sick of having my hair pulled and one day I’ll snap and I’ll punch him in the face.”

              “I had told his security, his wife had told him, I was getting pretty close to physically stopping him given half the chance, and he still didn’t care ”

              As the PM has not denied the details, surely the security detail will have a tough job denying them.

            • Sacha 3.3.1.1.1.2

              “she didn’t behave as though she was uncomfortable or objecting”

              Apart from telling the bodyguards what she felt like doing.

          • Tracey 3.3.1.1.2

            Although, this from Louise Upston (masquerading as Minister for Womens Affairs and taking money for same under false pretences), suggests that would be no excuse

            “Hon LOUISE UPSTON : The Prime Minister has taken responsibility for his actions and has apologised to the person concerned. I want to take this opportunity to highlight the fact that it is an issue, any time anyone, male or female, is subject to words, texts, messages, or touching that is unwelcomed, and that, absolutely, they should stand up, they should comment, and they should express that. Also, it is important for anyone who sees that or who is around that behaviour, whether it is in a workplace, a home, or in the community, to speak up.

  4. Sacha 4

    “Whatever the legal outcomes, Key is likely to be spending the next few months, or even years, cleaning up this mess. ”

    So long as the oppostion does not overplay it, yes.

  5. The Gormless Fool formerly known as Oleolebiscuitbarrel 5

    The police may find a prima facie case but decide it is not in the public interest to prosecute. I seem to recall some precedent.

  6. Rosie 6

    I’ve been questioning and speculating upon this topic half the afternoon so thank you for your helpful contribution Te Reo Putake. Starting to get a clearer picture of the legal implications now.

    Thanks too for the evening earworm, and the memories. Joe strummer went too soon.

  7. linda 7

    can we crowd fund to make sure the moneys there to do key

    • Hanswurst 7.1

      Good idea. A fund could be established with the promise of assisting any court action against Key, and should none eventuate, that the funds would be channelled into producing an enormous statue of him, made entirely of pure lard, sporting a typically revolting grin and yanking on a couple of ponytails.

  8. rational thinker 8

    “This just in. National to amend section 62 of the human rights act under urgency. Amendment will be retrospective.

    • McFlock 8.1

      no conflict of interest, either. The amendment will be voted on in his role as prime minister, the harassment took place in his role as creepy fuckwit.

    • sckiwireddevil 8.2

      Have just read section 62, could you please tell me what amendment has been added/changed with urgency?. Is it to protect Donkey from any form of prosecution?

      • Lanthanide 8.2.1

        I think this is a joke.

      • Tracey 8.2.2

        I think it is a dual reference;
        1. to retrospective change to GCSB to make their illegal spying legal; and
        2. change to law to prevent care workers suing the government for discrimination (after they won that right in Court)

        “Prime Minister John Key has defended the urgent passing of controversial legislation which restricted who could be paid for caring for disabled family members, saying that the Government faced further legal action if the law was not changed.

        The legislation has been slammed as rushed, unconstitutional and lacking transparency after it was passed under urgency on Friday, a day after being introduced by Health Minister Tony Ryall.

        While the bill allowed some carers to get paid for looking after adult disabled family members, it also prevented carers from taking legal action against the Government in future on the grounds that they were being discriminated against.”

      • dukeofurl 8.2.3

        Human Rights Amendment Bill was introduced in 2011

        Cant see any urgency on this, but it is order paper for discussion today. Seems to be minor housekeeping changes

    • Draco T Bastard 8.3

      That wouldn’t really surprise me.

      • sckiwireddevil 8.3.1

        Me also. Upston was shitting herself today trying to answer questions about her Dear Leader, looked as though she hadn’t washed for days, she needs to wash her hair before going out, what a sight.

        • rawshark-yeshe 8.3.1.1

          Hard for a holllow sock puppet to bite the hand that feeds it, all the while said hand is up backside of said sockpuppet.

          Such were her verbal contortions yesterday.

          Upston looked like someone who could feel her career trembling beneath her feet. The most useless women’s affairs minister ever, and she knows it.

    • Tracey 8.4

      LOL… and yet…

  9. Maui 9

    This is all depending on the victim laying charges though isn’t it…

    There hasn’t been much focus on the ordeal she has been through over the last week. People are either in the let’s nail the PM camp or let’s protect him camp, not the I wonder if the waitress is alright camp. The last thing she probably wants is a court case to relive the time when most of the country was talking about her. Then again she might be keen to go after damages at some stage when it becomes clear how much of a toll this has taken (publicity). We need to spare a few thoughts for her in this.

    • Murray Rawshark 9.1

      Amanda is important and I hope she has supportive friends. I’m in the build a better country camp and I think that will be easier when people who abuse power are held to account. FJK may have just given us an opportunity to make the hospitality industry a lot more pleasant for its workers. Given the way the suited mobs act around the help, maybe we need a law specifically to protect waiting staff? That’d be a great contribution FJK could make to Aotearoa. We could call it the Key law.

      Someone above mentioned that he might have trouble getting into Hawaii with a conviction. I suspect he has US citizenship.

    • Draco T Bastard 9.2

      This is all depending on the victim laying charges though isn’t it…

      For many crimes that is true but some of these that have been reported anyone can lay the complaint. It is this fact that McCready is using to take FJK to court.

      • Maui 9.2.1

        The RNZ article talks about the McCready complaint being useless because he doesn’t have any of the detail of what happened. She will have to come to the party, unless JK wants to fill out the forms for her – he would have a good idea of what happened lol.
        http://www.radionz.co.nz/news/national/272079/hurdles-for-private-ponytailgate-prosecution

      • Tracey 9.2.2

        There certainly is a lot of prima facie evidence on public record via media reports which is not the case in most accusations of wrong doing. Including Key’s admission.

        However, I hope at this point the Opposition stay out of it. I would have liked to see Little say that any kind of unwanted intrusion into people’s lives and person is unacceptable and it is for the leadership of NZ to provide the best example, otherwise they could be providing people with an excuse to behave badly (if he has said that, I apologise).

        • rawshark-yeshe 9.2.2.1

          I wonder if mother or father of any of the young girls who had hair ‘fondled’ is willing to take it further ? Likely not, but I do wonder ….

          • Maui 9.2.2.1.1

            I imagine having your daughter shown on regular news clips (on tv and the internet) in a creepy context isn’t the nicest of feelings for any parent, you might feel quite angry… I wonder if one complaint develops and goes to court, others might follow.

    • Tracey 9.3

      Last night there was a news item which was relating to a sexual violence case in which the police said they didn’t need a complaint to proceed. It struck me cos of the Roastbuster claim that they needed a complaint.

      • dukeofurl 9.3.1

        happens all the time- see man who murdered his children in Dunedin- Police can often not know the law, even if they are a specialist unit in that particular area of law.

  10. Redzone 10

    Thanks TRP – great post covering the potential legals.
    Can’t wait for our not -so – smart- casual PM to come home to face more music, though he is probably looking for any excuse to stay away!
    Royal baby visit anyone?
    Frankly I hope this has legs for years to come one way or another. That will be justice.

  11. tricledrown 11

    Marlin Waring should get a Damehood for not being afraid to speak out against mysoginistic National PM,s

    • McFlock 11.1

      seems to be almost the exact opposite of what it takes to get an honour from the current regime, though…

  12. Atiawa 12

    We can surmise all we like as to the legal implications and outcomes for those players but these matters are invariably now best left for the public to decide.
    The court of public opinion with all it’s failings and misguidance will decide their fate.

  13. mary_a 13

    All it takes is only one investigation against him and our Johnny boy won’t be looking at a knighthood!

    Oh dear, what a shame, never mind 🙂

  14. b waghorn 14

    If any one thinks for one second that someone as rich and powerful as key will see the inside of a courtroom over this they are dreaming .
    There are 2 sets of rules in this country always has been always will be.

    • Tracey 14.1

      I agree with you. BUT many very wealthy people before him have avoided Court but not the political fallout.

    • Plenty of folk said John Banks would never be in the dock, bw. But the best example would probably be Trevor Mallard, who, like Key, admitted his guilt and apologised, yet still found himself charged.

      • b waghorn 14.2.1

        I hope to be proved wrong but a would imagine there is already a huge amount of pressure being applied and lawyers being payed to stop it happening ,banks and mallard wouldn’t have keys level of backing.

      • Tracey 14.2.2

        and still using his money to undo it all TRP,

        • te reo putake 14.2.2.1

          True! But at least his political career is over. So however it ends up for him in court, NZ is better off as a result.

          • Tracey 14.2.2.1.1

            “BUT many very wealthy people before him have avoided Court but not the political fallout.”

  15. Tautoko Mangō Mata 15

    Case Study (From the MoBIE website http://www.dol.govt.nz/infozone/myfirstjob/employees/starting/obligations.asp

    For example, John (aged 18) worked for a supermarket. After work one evening, he and some of his workmates popped into the pub across the road for an after work drink. While they were there, they got into an argument with another patron, and a fight between John and the other patron ensued. The patron was a truck driver for the food distribution company that supplies the supermarket John worked for, and he was easily able to identify John and his colleagues as supermarket employees because they were wearing their supermarket uniforms. He complained to the supermarket, and after an investigation, John was instantly dismissed for bringing the supermarket into disrepute and his colleagues reprimanded for their part in the matter.
    John raised a personal grievance with his employer, claiming he was dismissed unfairly. He argued that what he did in his personal time was his business, not that of his employer. The matter eventually went as far as the Employment Court, which found that John’s actions had an adverse impact on his employer’s reputation and business as he was identified as being an employee of the supermarket, and his behaviour seriously breached the trust and confidence in the employment relationship. The Court upheld John’s dismissal.
    http://www.dol.govt.nz/infozone/myfirstjob/employees/starting/obligations.asp

    This could be rewritten easily:
    in place of supermarket uniform, put DPS
    in place of supermarket employees, put PM
    in place of his employer, put NZ citizens

    • Tracey 15.1

      and the cabinet manual also covers personal capacity

      Conduct of Ministers

      2.52 A Minister of the Crown, while holding a ministerial warrant, acts in a number of different capacities:

      in a ministerial capacity, making decisions, and determining and promoting policy within particular portfolios;
      in a political capacity as a member of Parliament, representing a constituency or particular community of interest;
      in a personal capacity.

      2.53 In all these roles and at all times, Ministers are expected to act lawfully and to behave in a way that upholds, and is seen to uphold, the highest ethical standards. Ultimately, Ministers are accountable to the Prime Minister for their behaviour.

      2.54 Holding ministerial office is regarded as a full-time occupation and is remunerated as such. Accordingly:

      accepting additional payment for doing anything that could be regarded as a ministerial function is not permissible;
      accepting payment for any other activities requires the prior approval of the Prime Minister.

      • NZJester 15.1.1

        I have a question in regards to Conduct of Ministers parts 2.52 to 2.54 of the cabinet manual. Do those sections not contradict John Keys claims in the past that he was acting as a private citizen and not as the PM such as when he sent those texts of support to Wale Oil over the fall out he received about the dead boy that Wale Oil referred to as feral and making disparaging comments about the boys mother?

        • te reo putake 15.1.1.1

          Good point, NZJ, and yes, they probably do contradict Key. But given that just about everything he says is bullshit, I imagine he’s relaxed about it.

    • ianmac 15.2

      The matter eventually went as far as the Employment Court, which found that John’s actions had an adverse impact on his employer’s reputation and business as he was identified as being an employee of the supermarket, and his behaviour seriously breached the trust and confidence in the employment relationship. The Court upheld John’s dismissal.
      Mr Key’s behaviour brought the National Party into disrepute so the National Party could eject him from their Party.

      • Tracey 15.2.1

        He brought the country into disrepute but we have no impeachment mechanism. I wonder if anyone is lobbying the GG who has the power to dissolve a parliament.

        • Rosie 15.2.1.1

          ” I wonder if anyone is lobbying the GG who has the power to dissolve a parliament.”

          I wondered about that too Tracey.

  16. Malconz 16

    And as was oh so predictable, the saga has had almost no impact on bloody FJK’s popularity. He’s dropped only 0.8, according to the Herald. He’d have to eat live kittens in public to make any impression on this apathetic electorate. Sigh.
    http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=11440058

    • rod 16.1

      Yes Malconz, but it must be remembered that it is a Herald tory rag Dodgy Poll.

    • George Hendry 16.2

      As per a Herald-Digipoll?!!!!

      Hardly impartial, conflict of interest in plain sight.

      To rig a poll (eg to dishearten progressives), simply buy the result you want and lay a confidentiality clause on the polling company (not hard if you are part of it).

      The bought result of last year’s Key-Cunliffe electoral debate polls could lead some to assume that when National want a particular result they will always buy it that openly. To make you think that not openly bought means not bought.

      Any Herald poll should be seen as being as manipulable as a bought journalist : propaganda, a statistical nullity.

    • “He’d have to eat live kittens in public …”

      I heard the kittens had strong political opinions. So they got what was coming to them.

  17. Sable 17

    I’d be surprised if much comes of this legally speaking.

  18. Hateatea 18

    An interesting post, TRP, as well as the usual mixed bag of thought provoking responses.

    • Cheers, Hateatea. That’s the great thing about the Standard, there’s a vast wealth of intelligence, experience and wit evident in the comments section of each post. I’m happy to include a few of the rightwing regulars in that assessment too! It’s why TS is easily the most informative and entertaining political blog in NZ.

  19. Amanda Atkinson 19

    This whole thing is a circus. If she went to the cops instead of Bradbury, things would be very very different. The whole thing has the look of a left wing political hit job, rightly or wrongly. I don’t know her motivations, and neither does anyone else. But, if she felt so violated, she should have went to the cops instead of a left wing blog. Even if she is politically motivated, she would have done more damage to Key by laying an assault charge, and, that whack job McCready wouldn’t have jumped in giving the issue even less credibility.

    The extent of the violation or assault is for her and her alone to decide, not you, not me, not the media, and certainly not McCready. If she feels it’s sexual and or physical assault. Fine, go to the cops and lay charge. That’s the litmus test. And, it’s her call, no one else’s. I am sick to death of people taking offense to things on behalf of others.

    • Plan B 19.1

      She can actually do whatever she wants to do about the events that happened, she has the right to write what she wrote, to say what she wants to say , when she wants to say it. This should not be a surprise to anyone.

    • Tracey 19.2

      Yeah I agree. People need to stop doing things for other vulnerable people. I notice your post made not a single reference to John Key’s behaviour.

      • Amanda Atkinson 19.2.1

        Oh yes of course McReady is doing it for her, silly me. What I think of Keys behavior is irrelevant, that’s my whole point. What you think is irrelevant too. It only matters what the victim of this thinks and feels, no one else.

        • Tracey 19.2.1.1

          Have you read her letters? There is some insight into what she feels and why she did what she did.

          “But, if she felt so violated, she should have went to the cops instead of a left wing blog”

          Remember she told cops she didnt like his behaviour, and he carried on… she told her manager and he carried on… his wife told him to stop… and he carried on… she told HIM… and he did it again…

          I guess she just didn’t think any of the “usual” outlets would take her seriously and let her air her views. Can’t think why.

          • Amanda Atkinson 19.2.1.1.1

            Keys minders are not cops. If she laid a formal complaint with the cops, the first time it happened, it WOULD HAVE stopped, immediately.

            • Tracey 19.2.1.1.1.1

              You do not know that it would have stopped immediately. BUT the point which you constantly want to avoid is the

              PRIME MINISTER OF NEW ZEALAND SHOULD NEVER HAVE STARTED IT. NOT EVEN ONCE.

              “The Diplomatic Protection Service (DPS), sometimes referred to as the Diplomatic Protection Squad, is a branch of the New Zealand Police that provides personal security for both national and visiting diplomats and VIPs. National VIPs that receive constant protection are the Prime Minister and the Governor General, while Ministers of the Crown, Members of Parliament, the Judiciary and the Leader of the Opposition receive protection as needed.[1] Protection is provided both in New Zealand and abroad. Previous visiting VIPs afforded DPS protection have included Tiger Woods during the 2002 New Zealand Open,[2] and FBI Director Robert Mueller.[3] The DPS also patrols foreign embassies, consulates and high commissions.

              The squad is based in the capital Wellington, where the majority of foreign diplomatic missions are. Officers are experienced members of the New Zealand Police, who pass the DPS course at the Royal New Zealand Police College. The course has training on topics such as diplomatic immunity and unarmed combat. Squad members usually operate in plain clothes,[4] and both genders can be squad members.[5]

              The New Zealand Police established the DPS in the mid-1970s, to meet New Zealand’s obligations under the Vienna Convention on Diplomatic Relations and Consular Relations.

              In the 2011-12 financial year the squad spent approximately $5.2 million – $1.1 million over budget.[6]”

            • McFlock 19.2.1.1.1.3

              Yes, key’s “minders” are indeed police officers paid for by the taxpayer.

              I’d be worried if they weren’t, frankly.

              • Tracey

                It was interesting to hear last week, on RNZ (I think) a snippet from a guy who works for a security company talking about how the detail couldnt (and can’t in his company) worry about anything else…

                Given the PM’s squad are actually police officers and not hired guns for a security firm didn’t seem to cross anyone’s mind… muddied the waters though.

                • McFlock

                  Yeah, but what is his company policy about clients breaking the law?

                  I would assume that if his client assaults or harasses someone, would he expect his employees to do nothing and become accessories – doubt it. And his employees are private contractors, not employees sworn to uphold the law. If that’s a conflict of interest, then that’s the case only because the PM chose to break the law.

  20. adam 20

    Silly question – but the two bottles of wine being offered – were they a bribe? And as such, was them being offered to pervert the course of justice?

    No Idea – legal minds will know better than me.

    • I doubt it has any negative connotations, adam. The plonk was offered before there was any talk of legal action, so I guess we should see it as a sign of contrition once he realised that the assaults weren’t welcome.

      • adam 20.1.1

        Thanks for that, te reo putake. I’m not sure Key can feel contrition, well the sincere remorse part of it. Guilt, yes. Sincere remorse – I’m not seeing it.

        • Tracey 20.1.1.1

          I agree with TRP. The wine seems just a clumsy notion of making things better… the waitress describes him dashing in, handing her the wine saying sorry and dashing out before she could reply… small transgression requires small compensation (in Key’s mind)

          it puts me in mind of a child whose mum as said “go back in there and say you are sorry to that girl”, child goes back, no eye contact, speaks quickly and runs out. You know, taking full responsibility for the consequences of his actions.

          • adam 20.1.1.1.1

            Great analogy Tracey – I was thinking the same thing.

            So our PM is a two year old in his mentality – that really does explain a lot of his action. And why so many people support him.

    • Stuart Munro 20.2

      The wine was a different kind of bribe – intended to solicit an attraction that Key’s caresses had failed to stimulate.

  21. John 21

    So many people showing fake outrage. If only they knew how silly they sounded.

    Or are the police expected to be diverted from burglaries, assaults rapes and murders so they can attend 7000 pony tail pullings every day?

    What sort of sad life do you have to have before you can devote so much time to minutiae?

    • Um, it’s not a diversion from the police’s job of investigating assaults as you claim, John. It is an assault. In fact several assaults. Oddly enough witnessed by police officers, who did nothing to stop them occurring. It’s also NZ’s Prime Minister using his power and privilege to bully and buy off a vulnerable young woman. So, plenty of reason for outrage, actually.

      • John 21.1.1

        So you’re going to go running to the police any time you see a pony tail pulled – yeah right.

        If it wasn’t Key, no one would devote a second of their life to it.

        It’s blatantly obvious the “outrage” is fake.

        • te reo putake 21.1.1.1

          Actually, I suspect I would have intervened if I saw it, John, no matter who the bully was. But then I was bought up to confront injustice, not turn away from it.

          This caught my eye today. How do think John Key would have reacted? Bugger the hug, I just wanna play with your hair?

          http://iceafoundation.com.au/blind-social-experiment-aboriginal-girl-puts-her-faith-in-humanity/

        • McFlock 21.1.1.2

          Run to the cops? Nah. On the rare occasions I do any running, it’s to the bar and never more than couple of paces.

          But if there were several police officers within a few metres, I’d expect one of them to do something about it.

          • Tracey 21.1.1.2.1

            But they were looking for rapists McFlock…

            • McFlock 21.1.1.2.1.1

              Hmm.

              I suppose that the cops protecting key could arrest him and take him to the station without compromising his safety in any way, so in that way they can multitask by enforcing the law “without fear nor favour, malice nor ill-will” and protecting the PM at the same time.

              • Tracey

                I think what John is trying to say, is that investigating stolen property is much more important than harassment or assault of a young woman.

                • McFlock

                  Yes, in his mind that seems to be the case.

                  But in this specific case it seems that the police could have responded to the assaults without compromising the task for which they were taken off frontline duties (John’s straw concern). Indeed, key would be safer in a gaol cell than in the street.

                  • Tracey

                    Yes, they could have got an easy collar and their stats would have shone, and had a cuppa and scone at the same time.

        • Tracey 21.1.1.3

          mine is real. prove it isnt.

          • John 21.1.1.3.1

            Because if you outrage wasn’t fake, you wouldn’t just be after this pony tail puller – you’d be after pony tail pullers everywhere.

            But your outrage is only because it’s Key – not because of what was done.

            So your outrage is patently fake.

            And a thousand much worse things happen every hour of every day, but I don’t see you devoting hours of computer time fighting them.

            More evidence you outrage is fake.

            Now I’ve wasted two minutes on this trivia. That’s two minutes too much.

            I’ll leave you to waste the rest of your week to making no difference to anything.

            • weka 21.1.1.3.1.1

              Yeah that’s right, none of us here have ever discussed sexual harassment or worker’s rights at length on the standard before.

              /sarc

              your faux outrage is unconvincing.

              • Tracey

                In fairness, John doesn’t actually understand that we are discussing sexual harassment or worker’s rights.

            • Tracey 21.1.1.3.1.2

              *sigh*

              Your knowledge is so lacking. I am after people who commit assault. You need to understand that this man called John Key, he is the Prime Minister, the highest ranking representative of our law-making body and he has just told NZers that as long as you (the perpetrator) are having fun it can’t be bad, wrong, or a crime?

              Nothing you posted is evidence. Cos, apart from anything else, you have no evidence to support your new thoughts which you think are evidence of your previous thoughts.

              I am glad you are leaving though, has mum arrived home and found out you wagged school today?

          • Hateatea 21.1.1.3.2

            Mine is too, John. Don’t you presume to know what I think, feel, believe and / or what actions I have taken because of my experiences, feelings and values.

    • Tracey 21.2

      that you express faux outrage at rapes not being investigated is an indictment of your spinning for the PM.

      Sexual violence (against women) is about how females are seen and regarded, as vassals for men, property, play things (as in porn), a thing to make them feel powerful and important and there is a spectrum of behaviour.

      tugging a young woman’s hair for months, not noticing (seemingly) her discomfort, and continuing after she says “NO”, is on that spectrum, albeit at the seemingly less serious end of it.

      Fondly a young female child’s hair is also on the spectrum. It shows a disregard for the personal space and privacy of females. He shakes hands with bos and men which requires their consent…

      Yours is the sad life, that you need to have concepts such as respect and privacy explained to you and why it is important that a Prime Minister be held to account for his line-crossing.

      Of course pretending he only did it once or maybe twice, makes your faux boredom funnier.

      • Amanda Atkinson 21.2.1

        You disrespect any woman who has been sexually assaulted. Shame on you. Be very careful who you talk about his issue around if you think a little tug on a pony tail is sexual assault. Be VERY careful. Personally, for me, it’s an insult.

        [It was repeated assaults on a woman, so it has a gender aspect to it. Whether it was a sexual assault is probably something for Key and his psychiatrist to discuss. Or maybe the courts if it goes that far. Your instructions to Tracey and the use of capital letters looks to me to be threatening her. Don’t do that again if you wish to continue commenting here, Amanda. TRP]

        • Tracey 21.2.1.1

          IF I have disrespected ANY survivor of sexual assault ( statistically 1 in 3 female readers on this site) I am sorry.

          Look up spectrum Amanda, even the sexual violence spectrum contains behaviour at one end that is not sexual violence per se but could/would include sexual harassment.

          I have got sick and tired of prefacing my comments with “I dont think Key is a paedophile”, because, I don’t think he is.

          For my part, as an aside, cutting my hair and playing with my hair was one way my abuser isolated me from my family to enable his abuse. Even with THAT past I have never suggested Key is a paedophile because he pulls a womans hair and fondles a girl child’s hair .

          I have written and stand by my belief that his behaviour is on a spectrum of attitudes toward women which shows a disregard for the personal space and privacy of females. He shakes hands with boys and men which requires their consent… to be completed.

          • Hateatea 21.2.1.1.1

            Controlling my hair style, pulling on my hair, pulling my hair out by the roots violently was a part of the sexual violence, power and control behaviour that my abusive ex husband did so don’t you dare tell me, Amanda Atkinson, what was my lived experience.

            I have worked with children that have had hair ‘play’ as part of the grooming / abuse process so yet again, DON’T TELL ME what is or is not a part of the sexual violence scale.

            If it isn’t within your lived experience maybe you need to STFU!

            Whether YOU feel that it is a sexualised behaviour or an assault is irrelevant. It was not you (nor was it me) that had this particular experience, but another young woman did and I have no intention of standing idly by while anyone trivialises or minimises what a very powerful man has admitted to doing.

        • Anne 21.2.1.2

          Your comment Amanda Atkinson is an insult to all women who have been abused and harassed. Who do you think you are that you think you can step into another woman’s shoes and judge them. Of course there are degrees of harassment and of course some instances are much worse than others, but ALL harassment is serious and can have a deleterious effect on the victim.

          And as you appear to be uninformed, this young woman experienced more than a little tug on a ponytail. He kept doing it to her over and over again starting in August last year (during the election campaign) and continuing through to March of this year. He knew she hated it but he continued to do it. That was puerile harassment and an attempt to dominate her:

          I’m the PM, I’m powerful so if I wanna pull your hair I’ll pull it girl.

          Such an arsehole is not fit to be prime minister!

          • Penny Bright 21.2.1.2.1

            What concerns me is that if Prime Minister John Key can repeatedly and arguably unlawfully harass / assault a waitress by [pulling her hair -what message does that send to the nation?

            How many (particularly middle-aged men) who have engaged in similar behaviour, are trying to ‘make light of it’, and trivialise behaviour that arguably they wouldn’t like if it happened to them (especially if was carried out by someone whose political views they didn’t support)?

            As a former waitress – my personal ‘policy’was one of zero tolerance to unwanted and inappropriate touching.

            Let us not forget that this waitress was dealing with the arguably most powerful man in New Zealand, who was personally protected by staff who were there to help ensure no untoward or unlawful acts happened to him?

            Surely the ‘power imbalance’ could not have been bigger?

            Óne law for all’?

            Let’s see it.

            Penny Bright

  22. Rosemary McDonald 22

    I was going to link to Amanda Bailey’s original post so Amanda Atkinson can read it ….properly…

    And TDB has GONE!!!!

    Please tell me that someone was bright enough to copy the post.

    My heart breaks for this young woman….shame on the Prime Minister for using his position of power to torment her so.

    It was without doubt seriously creepy, and very probably sexual assault.

    FWIW…I think she did the right thing telling her story through the blog that is supported and supports the union for hospitality and food workers.

    The ‘cops’ had handled her complaint by what.? Suggesting their boss say a quick sorry and sweeten her with wine???

    Ditto Anne….

  23. Penny Bright 23

    Caught up with Graham McCready today, after he presented his charging document for filing at the Auckland District Court.

    Here is a photo of of this document:

    (For the record – Graham has tried to contact the waitress concerned).

    Seems that ‘Ponytail gate’ isn’t going away any TIME soon?

    Check out tonight’s news …

    Seems that the waitress is going to take steps to defend herself – by going to a UNION?

    Heaven forbid!

    Whatever next?

    Of course, Prime Minister John Key is not going to take all possible steps to defend himself?

    Of course – no ‘power imbalance’ here – in terms of access to money and resources to defend his allegedly (repeated) unlawful behaviour?

    What stops will be pulled out – in order to try and prevent the private prosecution of (Prime Minister) John Key for alleged ‘male assaults female’ charge, which was PRESENTED for filing today (Wednesday 29 April 2015) in the Auckland District Court, by arguably serially successful private prosecutor, Graham McCready?

    Óne law for all’?

    We shall see…….

    Penny Bright

  24. barry 24

    I am sorry, but suggesting Key shoudl be charged with assault is a little bit desparate.

    I agree that pollies should be subject to the same law as the rest of us. That means that they shouldnot be protected from prosecution on account of their office, but also means that they should not be treated more harshly.
    The test should be “would a member of the public be likely to be charged under the same circumstances”. In borderline cases then the benefit of the doubt should be to prosecute and let the court decide to protect against bias from the police.

    In this case it is very unlikely that someone else would be prosecuted.

    The cafe management did take measures to try to stop the harrassment and the next step would have been to trespass Key. Now if Key had been given a traspass notice for harrassment (and the press had heard of it) he would almost certainly not be able to live the embarrassment down. I think the cafe would be reluctant to do that (even if they weren’t National supporters). So yes the employment law would have been breached had it continued.

    As for the disgusting behaviour with Glucina. I certainly would not recommend anybody working for the employers. Nor would I knowingly buy coffee from them. It is doiubtful that they have broken any law though.

  25. NZJester 25

    “It might also make visiting the Hawaiian holiday home tricky; last time I heard US Customs weren’t big on letting violent crims into the country.”
    He might have no problem getting to his Hawaiian holiday home as it is my understanding that some people think he might also have duel US citizenship and they can not bar a US citizen even if they have such a conviction from entering Hawaii.
    OIA requests others have sent to ask if he has duel NZ/US citizenship have in the past been denied, so I am unable to confirm if he does or not.

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    Some readers may remember that I mentioned last year that I was applying for NZ citizenship. I filled out the paperwork and had my original citizenship interview in February. Everything went well until they discovered that, because I had spent five months in the US in 2017, I had not ...
    KiwipoliticoBy Pablo
    5 days ago
  • Left censorship and exclusion against gender-critical women: a Marxist critique
    by Deirdre O’Neill It is becoming quite acceptable for certain sections of the left to declare that people like me – women who are ‘gender critical’ – should not be allowed in leftist or anarchist spaces. Leaving aside the arrogance and implicit authoritarianism of this claim, its lack of critical ...
    RedlineBy Admin
    5 days ago
  • “Uncertainty” can be better solved with a better grasp of life’s inherent complexities…
    There is an article in The Conversation, written by Jeremy P. Shapiro (Adjunct Assistant Professor of Psychological Sciences, Case Western Reserve University), about what he sees as the psychologically-based underpinnings of three main matters that seem to vex people all around the planet. The article is titled “The Thinking ...
    exhALANtBy exhalantblog
    5 days ago
  • Citizens vs the Rogue Deep State
    . .   Blogger Martyn Bradbury has won his case against unreasonable search and surveillance against the NZ Police; and subsequent Police attempts to produce evidence in secrecy, in a closed Court. His case highlights a disturbing growing trend in Aotearoa New Zealand for State power to be used against ...
    Frankly SpeakingBy Frank Macskasy
    6 days ago
  • Massey University’s free speech policy double-plus-good
    The Committee of Disobedient Women has intercepted an email from Dr Emma Eejut, Senior Lecturer in Sociology, Massey University to the university’s Vice-Chancellor, Jan Thomas. Dear Jan, Thank you for your courageous move.  I think 10 pages of blether** should tie any of the students game enough to try holding ...
    RedlineBy Admin
    6 days ago
  • Unacceptable
    That's the only response to the findings of the Ombudsman's investigation into LGOIMA practices at the Christchurch City Council:My investigation identified serious concerns about the Council’s leadership and culture, and its commitment to openness and transparency. In particular, Council staff raised concerns with me about various methods employed by some ...
    No Right TurnBy Idiot/Savant
    7 days ago
  • There is what corruption looks like
    NZ First seems to be nakedly trying to enrich itself from public office:A powerful New Zealand First figure helped establish a forestry company that then pushed for money from two key funding streams controlled by a New Zealand First Minister. An RNZ investigation has found Brian Henry, lawyer for Winston ...
    No Right TurnBy Idiot/Savant
    7 days ago
  • Escape from Manus Island
    Behrouz Boochani is an award winning author and journalist. He is also a refugee, who for the past six years has been detained in Australia's offshore gulag on Manus Island, and in Papua New Guinea. But last night, with the cooperation of the WORD Christchurch festival and Amnesty International, he ...
    No Right TurnBy Idiot/Savant
    7 days ago
  • When World’s Collide.
    Different Strokes: If a multicultural immigration policy imposes no obligation on immigrant communities to acknowledge and ultimately embrace their host nation’s most cherished traditions and values, then how is that nation to prevent itself from being reduced to a collection of inward-looking and self-replicating ethnic and cultural enclaves?THE COALITION GOVERNMENT’S ...
    7 days ago
  • Could There Be Method In Massey University’s Madness?
    Protective Zone: Reading the rules and guidelines released by Massey University, it is impossible to avoid the conclusion that its governing body considers the whole concept of free speech a disruptive threat to the orderly imparting of orthodox academic knowledge.IN TRUE ORWELLIAN fashion, Massey University has announced its commitment to ...
    7 days ago
  • How does poor air quality from bushfire smoke affect our health?
    Brian Oliver, University of Technology Sydney New South Wales and Queensland are in the grip of a devastating bushfire emergency, which has tragically resulted in the loss of homes and lives. But the smoke produced can affect many more people not immediately impacted by the fires – even people many ...
    SciBlogsBy Guest Author
    1 week ago
  • Climate Change: We need more trees, not less
    Farmers held a hate-march on Parliament today, complete with MAGA hats, gun-nut signs, and gendered insults. While supposedly about a grab-bag of issues - including, weirdly, mental health - it was clear that the protest was about one thing, and one thing only: climate change. And specifically, forestry "destroying" rural ...
    No Right TurnBy Idiot/Savant
    1 week ago
  • The IGIS annual report: Dead letters and secret law
    The Inspector-General of Intelligence and Security released their annual report today, and I've been busy reading through it. In amongst the usual review of what they've been doing all year, there's a few interesting bits. For example, a discussion on "agency retention and disposal of information", which points out that ...
    No Right TurnBy Idiot/Savant
    1 week ago
  • A referendum on bigotry
    The End of Life Choice Bill passed its third reading last night, 69 - 51. Thanks to a compromise with NZ First - which looks to have been necessary on the final numbers - the commencement of the bill will be subject to a referendum. Given the ugliness of the ...
    No Right TurnBy Idiot/Savant
    1 week ago
  • Why municipal waste-to-energy incineration is not the answer to NZ’s plastic waste crisis
    Trisia Farrelly, Massey University New Zealand is ranked the third-most-wasteful country in the OECD. New Zealanders produce five times the global daily average of waste per person – and they are getting more wasteful, producing 35% more than a decade ago. These statistics are likely to get worse following China’s ...
    SciBlogsBy Guest Author
    1 week ago
  • Political parties and GMOs: we all need to move on
    Recently more than 150 post-graduate students and young scientists presented an open letter to the Green Party via The Spinoff, encouraging them to reconsider their position on genetic modification. Their target is tackling climate change issues.[1] Can any party continue to be dismissive about genetic modification (GM) contributing to ...
    SciBlogsBy Grant Jacobs
    1 week ago
  • Class, Identity Politics and Transgender Ideology
    by Deirdre O’Neill Under Thatcher and then Blair and continuing up until our contemporary moment, the working class has seen its culture slowly and progressively destroyed. The change from an industrial society to a service society produced a marked shift in focus from the working class as the backbone of ...
    RedlineBy Admin
    1 week ago
  • Irony
    Since 2013, the Australian government has detained refugees without trial in Pacific gulags, where they are abused, tortured, and driven to suicide. The policy is not just an abuse of human rights and possible crime against humanity; it has also had a corrosive effect on the states Australia uses as ...
    No Right TurnBy Idiot/Savant
    1 week ago
  • An age of protest.
    It seems fair to say that we currently live in a problematic political moment in world history. Democracies are in decline and dictatorships are on the rise. Primordial, sectarian and post-modern divisions have re-emerged, are on the rise or have been accentuated by political evolutions of the moment such as ...
    KiwipoliticoBy Pablo
    1 week ago
  • Another captured agency
    Last month, Greenpeace head Russel Norman surrendered his speaking slot at an EPA conference to student climate activist Sorcha Carr, who told the EPA exactly what she thought of them. It was a bold move, which confronted both regulators and polluters (or, as the EPA calls them, "stakeholders") with the ...
    No Right TurnBy Idiot/Savant
    1 week ago
  • NZ First’s dodgy loans
    The core principle supposedly underlying New Zealand's electoral finance regime is transparency: parties can accept large donations from rich people wanting to buy policy, but only if they tell the public they've been bought. Most parties abide by this, so we know that TOP was wholly-owned by Gareth Morgan, and ...
    No Right TurnBy Idiot/Savant
    1 week ago
  • Member’s Day: The choice on End of Life Choice
    Today is a Member's Day, probably the second-to-last one of the year, and its a big one, with the Third Reading of David Seymour's End of Life Choice Bill. last Member's Day it was reported back from committee, after MPs voted narrowly to make it subject to a (rules TBA) ...
    No Right TurnBy Idiot/Savant
    1 week ago
  • How growth in population and consumption drives planetary change
    Climate Explained is a collaboration between The Conversation, Stuff and the New Zealand Science Media Centre to answer your questions about climate change. If you have a question you’d like an expert to answer, please send it to climate.change@stuff.co.nz The growth of the human population over the last 70 ...
    SciBlogsBy Guest Author
    1 week ago
  • The disappearing Women …
    by The Council of Disobedient Women In her excellent oral submission to the Abortion reform select committee on 31st October on behalf of Otago University’s Department of Public Health, historian and public health researcher Hera Cook stated: “We would ask that the committee not use the term ‘pregnant persons’ and ...
    RedlineBy Daphna
    1 week ago
  • “A Passage to India”: enduring art in changing times
    by Don Franks In 1957, E M Forster wrote, of his greatest work: “The India described in ‘A Passage to India’ no longer exists either politically or socially. Change had begun even at the time the book was published ( 1924) and during the following quarter of a century it ...
    RedlineBy Daphna
    1 week ago
  • Contemptuous
    The Referendums Framework Bill was due back from select committee today. But there's no report on it. Instead, the bill has been bounced back to the House under Standing order 29593) because the Committee didn't bother to produce one. They probably tried. But given the membership of the committee (which ...
    No Right TurnBy Idiot/Savant
    1 week ago
  • Zero Carbon: It’s not just a good idea, it’s the law
    Two years into New Zealand’s Labour-led government, the long-delayed Zero Carbon Bill became law on 7 November. Passed essentially unanimously, the lengthy public debates and political manoeuvring faded away until the final passage was even anticlimactic: Flipping through the @nzstuff @DomPost I was starting to wonder if I’d dreamt ...
    SciBlogsBy Robert McLachlan
    1 week ago
  • Climate Change: What happens next?
    Now the Zero Carbon Bill is law, what's next? Obviously, the ETS changes currently before select committee are going to be the next battleground. But we're also going to get a good idea of where we're going, and if the progress the Zero Carbon Act promises is good enough, during ...
    No Right TurnBy Idiot/Savant
    1 week ago
  • Climate change will fuel bush fires
    Grant Pearce The effects of the current Australian bushfires in New South Wales and Queensland (and also again in California) are devastating and far-reaching. To date, the fires have resulted in several lives being lost and many homes and properties destroyed. Here in New Zealand, the impacts have been only ...
    SciBlogsBy Guest Author
    1 week ago
  • Participation rates
    A passing comment in a post the other day about the labour force participation rates of older people prompted me to pull down the fuller data and see what we could see about various participation rates over the decades since the HLFS began in 1986.   As it happens, the ...
    SciBlogsBy Michael Reddell
    1 week ago
  • Not So Much “OK Boomer” As “OK Ruling Class”.
    Distract And Divert: The rise of what we have come to call “Identity Politics” represents the ideological manifestation of the ruling class’s objective need to destroy class politics, and of the middle-class’s subjective need to justify their participation in the process.THE RELIEF of the ruling class can only be imagined. ...
    1 week ago
  • Asking for it …
    "I saw a newspaper picture,From the political campaignA woman was kissing a child,Who was obviously in pain.She spills with compassion,As that young child'sFace in her hands she gripsCan you imagine all that greed and avariceComing down on that child's lips?" ...
    1 week ago
  • New Zealand’s Poor Pandemic Preparedness According to the Global Health Security Index
    Dr Matt Boyd, Prof Michael Baker, Prof Nick Wilson The Global Health Security Index which considers pandemic threats has just been published. Unfortunately, NZ scores approximately half marks (54/100), coming in 35th in the world rankings – far behind Australia. This poor result suggests that the NZ Government needs to ...
    SciBlogsBy Public Health Expert
    1 week ago
  • Climate Change: Thank Winston
    The Zero Carbon Act is inadequate, with a weak methane target designed to give farmers a free ride. But it turns out it could have been worse: Climate Change Minister James Shaw was so desperate to get National on board, he wanted to gut that target, and leave it in ...
    No Right TurnBy Idiot/Savant
    1 week ago
  • Illicit markets and Bali Booze
    The Herald reprints an Australian story on a couple of tragic deaths in Bali from drinking cocktails that had methanol in them.  The story argues that methanol is likely the result of home distillation. But what the young tourists were experiencing was far from a hangover. They’d consumed a toxic cocktail ...
    SciBlogsBy Eric Crampton
    2 weeks ago
  • This is not what armed police are for
    Last month, the police announced a trial of specialist roaming armed units, which would drive round (poor, brown) areas in armoured SUVs, armed to the teeth. When they announced the trial, they told us it was about having armed police "ready to attend major incidents at any time if needed". ...
    No Right TurnBy Idiot/Savant
    2 weeks ago
  • Spain’s failed electoral gamble
    Spain went to the polls today in the second elections this year, after the Socialists (who had come to power in a confidence vote, then gone to the polls in April) rejected the offer of a coalition with the left-wing PoDemos, and instead decided to gamble n a better outcome ...
    No Right TurnBy Idiot/Savant
    2 weeks ago
  • The astroturf party
    National has finally rolled out its "BlueGreen" astroturf party, fronted by an array of former nats and people who were dumped by the Greens for not being Green enough. Its initial pitch is described by Stuff as "very business-friendly", and its priorities are what you'd expect: conservation, predator-free funding, a ...
    No Right TurnBy Idiot/Savant
    2 weeks ago
  • How to cheat at university
    A couple of days ago I attended (and spoke at) the University of Waikato’s “LearnFest” event. There were lots of talks and sessions on very diverse aspects of teaching, mostly at tertiary level. One was by Myra Williamson from Te Piringa Faculty of Law here at Waikato, on Contract Cheating ...
    SciBlogsBy Marcus Wilson
    2 weeks ago
  • How NZ was put on world maps using a transit of Mercury
    There will be a transit of Mercury – the planet Mercury will pass across the face of the Sun – taking place at sunrise in New Zealand on Tuesday, 12th November. It was by observing such an event 250 years ago that James Cook and his scientist colleagues were able ...
    SciBlogsBy Duncan Steel
    2 weeks ago
  • Georgina Beyer: We need to be able to talk without being offended
    Since becoming the world’s first openly transexual mayor and member of parliament, Georgina Beyer has been recognised as a trailblazer for trans rights. Daphna Whitmore talks with her about where she sees the current trans movement We start out talking about legislation the government put on hold that would have ...
    RedlineBy Daphna
    2 weeks ago
  • The anti-fluoride brigade won’t be erecting billboards about this study
    If FFNZ really put their faith in “Top Medical Journals” they would now be amending their billboards to recognise new research results. Image from FFNZ but updated to agree with the latest research. ...
    2 weeks ago
  • Chosen To Rule? What Sort Of Christian Is Chris Luxon?
    National Messiah? Chris Luxon identifies himself as an evangelical Christian. If he is genuine in this self-characterisation, then he will take every opportunity his public office provides to proselytise on behalf of his faith. He will also feel obliged to bear witness against beliefs and practices he believes to be ...
    2 weeks ago
  • War of the worms
    I'm going to make a Reckless Prediction™ that the Tories have 'topped out' in the 'poll of polls' / Britain Elects multipoll tracker at about 38%, and in the next week we will start to see Labour creep up on them.In fact, we might just be seeing the start of ...
    2 weeks ago
  • Marvelly shows us how to be a feminist without feminism
    by The Council of Disobedient Women Lizzie Marvelly: “I may have missed this… has @afterellen gone all terf-y? Or am I reading something incorrectly? “ https://twitter.com/LizzieMarvelly/status/1191840059105742849 After Ellen is a lesbian website that is unashamedly pro-lesbian, as you’d expect. So why is Ms Marvelly so bothered about lesbians having their ...
    RedlineBy Daphna
    2 weeks ago
  • Out of the past – Tories to revive racist laws from the 16th century
    Did you know there once was a time when it was illegal to be a gypsy (aka Romani) in Britain?That was between 1530, when the Egyptians Act was passed, and 1856, when it was repealed.Amongst other things, the act forbade the entry of 'Egyptians' into England, ordered those already there ...
    2 weeks ago
  • 1000 of these now
    Some days I sit and think, “what will I write…?” What do you say when you get to 1000 posts? Maybe you just start where you are, diverge to where this all began, then offer a collection of reader’s favourite posts, and a few of your own? (And throw in ...
    SciBlogsBy Grant Jacobs
    2 weeks ago
  • Has Shane Jones Just Saved NZ First?
    Counter-Puncher: The “activists” and “radicals” (his own words) from the Indian community who took such strong exception to Shane Jones’ remarks about Immigration NZ’s treatment of arranged marriages, may end up bitterly regretting their intervention. Jones is not the sort of person who turns the other cheek to his critics.SHANE ...
    2 weeks ago

  • New high tech traps will reduce the need for 1080 poison
    New Zealand First are celebrating the announcement of an investment of $3.5 million into five new trapping devices. These are a range of bait and trap devices, all designed to be left unattended for long periods of time. NZ First conservation spokesperson Jenny Marcroft says that this latest development will ...
    14 hours ago
  • Cowboy clampers will be stymied
    Clayton Mitchell, Spokesperson for Consumer Affairs The ‘wheel clamping’ Bill that will cap clamper fees to $100 passed its third reading in Parliament today. New Zealand First welcomes The Land Transport (Wheel Clamping) Amendment Bill to combat predatory wheel clamping behaviour in what is currently a largely unregulated business. Cowboy clampers are: gouging ...
    2 days ago
  • Mental Health Commission back on track
    Jenny Marcroft, Spokesperson for Health New Zealand First welcomes the passage of the Mental Health and Wellbeing Commission Bill through its first reading in Parliament. “Today’s progress takes serious action on the mental health and addiction crisis the country is facing,” says New Zealand First Health Spokesperson Jenny Marcroft. “The re-establishment ...
    2 days ago
  • New Zealand’s key assets are not for sale: national interest test delivered
    Mark Patterson, Spokesperson for Primary Industries Today the Government announced the delivery of the promise to protect New Zealand interests by applying a new National Interest Test to the sales of our most sensitive and high risk assets to overseas buyers. This further strengthening of the Overseas Investment Act will ...
    2 days ago
  • National interest test added to protect New Zealanders’ interests
    The Coalition Government is delivering on its promise to protect New Zealanders’ interests by applying a new national interest test to the sales of our most sensitive and high-risk assets to overseas buyers. Under current Overseas Investment Act (OIA) rules, assets such as ports and airports, telecommunications infrastructure, electricity and ...
    3 days ago
  • Electoral law breach allegations
    Rt Winston Peters, Leader of New Zealand First Allegations raised this morning by Stuff Limited / Fairfax concern a party matter but I am confident that New Zealand First has operated within electoral laws, now and for the last 27 years. Declarable donations were declared to the Electoral Commission. Our ...
    3 days ago
  • Wayne Brown hits back at critics: Ports of Auckland has to move
    The chairman of the Upper North Island Supply Chain Strategy (UNISCS) working group, Wayne Brown, has hit back at critics of his group’s recommendations to relocate the Ports of Auckland cargo operations to Whangarei’s deepwater port of Northport. The working group's recommendation to close Auckland waterfront to all but cruise ...
    3 days ago
  • Week That Was: Supporting our schools
    We're setting our young people up for success, investing in education around the country.  ...
    4 days ago
  • Kiwis to have their say on End of Life Choice
    Jenny Marcroft MP, Spokesperson for Health New Zealand First backs the public to decide on the End of Life Choice Bill via a referendum at the 2020 General Election. The Bill, with New Zealand First’s referendum provision incorporated, passed its final reading in Parliament this evening. New Zealand First Spokesperson for ...
    1 week ago
  • Addressing miscarriages of justice
    Darroch Ball, Spokesperson for Justice New Zealand First is proud that a key Coalition Agreement commitment which will provide for a more transparent and effective criminal justice system has been realised. Legislation to establish the Criminal Cases Review Commission, an independent body focused on identifying and responding to possible miscarriages of ...
    1 week ago
  • Week That Was: Historic action on climate change
    "Today we have made a choice that will leave a legacy... I hope that means that future generations will see that we, in New Zealand, were on the right side of history." - Jacinda Ardern, Third Reading of the Zero Carbon Bill ...
    2 weeks ago
  • Tax-free deployments for Kiwi troops
    Darroch Ball, New Zealand First List MP A Member’s bill has been proposed that would provide income tax exemptions for all New Zealand Defence Force (NZDF) personnel while on operational deployment overseas. The Income Tax (Exemption for Salary or Wages of NZDF Members on Active Deployment) Amendment Bill proposed by New Zealand First ...
    2 weeks ago
  • A balanced Zero Carbon Bill passed
    Rt Hon Winston Peters, New Zealand First Leader New Zealand First is proud to have brought common sense to the Climate Change Response (Zero Carbon) Amendment Bill, which passed its final reading in Parliament today. Party Leader Rt Hon Winston Peters says months of hard work went into negotiating a balanced ...
    2 weeks ago
  • Paramedics’ status to be recognised
    Jenny Marcroft MP, Spokesperson for Health New Zealand First has listened to calls to recognise paramedics as registered health professionals under the Health Practitioners’ Competence Assurance Act (the Act). Today, the Coalition Government announced plans for paramedics to be registered as health practitioners under the Act, and the establishment of a ...
    2 weeks ago

  • Milestone of 1800 new Police officers
    The Coalition commitment to add 1800 new Police officers to frontline policing has been achieved with the graduation of 59 constables from the Royal New Zealand Police College today. Prime Minister Jacinda Ardern and Deputy Prime Minister Winston Peters say today’s graduation means 1825 new Police have been deployed all ...
    BeehiveBy beehive.govt.nz
    9 hours ago
  • PM appoints business leaders to APEC Business Advisory Council
    Ensuring APEC work gets input from diverse New Zealand business and trade interests is behind three new appointments to the APEC Business Advisory Council (ABAC), Prime Minister Jacinda Ardern says. Rachel Taulelei, Malcolm Johns and Toni Moyes have been appointed to represent New Zealand on the Asia Pacific Economic Cooperation (APEC) ...
    BeehiveBy beehive.govt.nz
    11 hours ago
  • PM speech notes for Trans-Tasman Business Circle
    Nau mai, haere mai. Tēnā koutou, tēnā koutou, tēnā tatou katoa. Thank you for having me to speak today. To start, I’d like to acknowledge Sharron Lloyd, the General Manager of the Trans–Tasman Business Circle, the partners for this event Westpac’s  David McLean, and Derek McCormack from  AUT, and, of course ...
    BeehiveBy beehive.govt.nz
    11 hours ago
  • Otago Regional Council given deadline for freshwater management plan
    A four-month investigation by former Environment Court judge Professor Peter Skelton found that Otago’s freshwater planning system is not fit for purpose to manage the region’s rivers, lakes and aquifers and that the Council has inadequate rules for the taking of water and the discharge of nutrients.   “Existing planning provisions ...
    BeehiveBy beehive.govt.nz
    14 hours ago
  • LGNZ Rural and Provincial Sector Speech
      Introduction Thank you for the invitation to speak to you today. This is the first opportunity I’ve had to speak to an LGNZ meeting since the local elections, and I’m delighted to see the fresh faces of newly elected mayors. To returning mayors here today, as well as chief ...
    BeehiveBy beehive.govt.nz
    14 hours ago
  • New Zealand to attend G20 Foreign Ministers’ Meeting in Japan
    Foreign Affairs Minister Winston Peters departs New Zealand today to attend the G20 Foreign Ministers’ Meeting in Nagoya at the invitation of this year’s G20 President, Japan. “This is the first time New Zealand will attend a G20 Foreign Ministers’ Meeting and we are deeply honoured that it is at ...
    BeehiveBy beehive.govt.nz
    16 hours ago
  • Ambassador to the European Union announced
    Foreign Affairs Minister Winston Peters today announced the appointment of diplomat Carl Reaich as New Zealand’s next Ambassador to the European Union. “The Ambassador to the EU is one of the most important and senior roles in New Zealand’s foreign service, advocating for New Zealand’s interests with the EU institutions,” Mr ...
    BeehiveBy beehive.govt.nz
    16 hours ago
  • New inventions boost Predator Free 2050 effort
        Innovation and technology are behind five new tools to give nature a helping hand by helping eliminate predators, funded through the Provincial Growth Fund (PGF), Minister for Conservation Eugenie Sage and Parliamentary Under-Secretary for Regional Economic Development Fletcher Tabuteau announced today. “The new tools will be trialled in ...
    BeehiveBy beehive.govt.nz
    17 hours ago
  • APEC 2021 Bill passes first reading
    Foreign Affairs Minister Winston Peters has welcomed the first reading of the Asia Pacific Economic Cooperation 2021 (APEC 2021) Bill in Parliament today. The temporary bill supports New Zealand’s security preparations for hosting the Asia Pacific Economic Cooperation (APEC) Forum in 2021. “APEC is the leading economic and trade forum ...
    BeehiveBy beehive.govt.nz
    1 day ago
  • Making progress for our kids
    The Government is making progress on improving the wellbeing of the one million New Zealanders under the age of 18,” Prime Minister Jacinda Ardern said on World Children’s Day. The Government has today recommitted to the most widely ratified human rights treaty in history – the United Nation’s Convention on ...
    BeehiveBy beehive.govt.nz
    2 days ago
  • Māori women in business contribute to our economy, whānau and communities
    Minister for Women Julie Anne Genter has released a new report celebrating the contribution of Māori women in business across Aotearoa New Zealand. “Māori women are leaders in our communities, they employ many people and support our economy and our communities,” Julie Anne Genter said. The report, Ngā wāhine kaipakihi: ...
    BeehiveBy beehive.govt.nz
    2 days ago
  • Two schools on the way for Omokoroa
    Four parcels of land have been bought in Omokoroa, in the Western Bay of Plenty District, for an education facility that will accommodate both a primary and secondary school on a campus-like facility, Education Minister Chris Hipkins said today. Two parcels were acquired from private land owners and two were ...
    BeehiveBy beehive.govt.nz
    2 days ago
  • Families Package helps over 1 million New Zealanders in first year
    1 million New Zealanders warmed by the Winter Energy Payment 36,000 families bank the Best Start Payment in first year 6,000 more families received the Family Tax Credit, 220,600 in total   They receive an increase too – from an average of $117 to $157 a week for Inland Revenue clients, ...
    BeehiveBy beehive.govt.nz
    2 days ago
  • Clamp down on wheel clamping passes third reading
    New rules to clamp down on overzealous wheel clamping and extortionate fees charged in order to release a vehicle have passed their final stage in Parliament today. The Land Transport (Wheel Clamping) Amendment Bill has now passed its third reading. “These changes mean $100 will be the maximum wheel clamping ...
    BeehiveBy beehive.govt.nz
    2 days ago
  • Mental Health and Wellbeing Commission Bill passes first hurdle
    An independent Mental Health and Wellbeing Commission is a step closer after it unanimously passed its first vote in Parliament today.  The Mental Health and Wellbeing Commission Bill lays the groundwork for establishing the Commission as a fully independent crown entity – delivering on a key recommendation of He Ara ...
    BeehiveBy beehive.govt.nz
    2 days ago
  • Boosting border security with electronic travel authority – now over 500,000 issued
    We’ve improved border security with the NZeTA, New Zealand Electronic Travel Authority, which helps us to screen travellers for border and immigration risks off-shore before they travel to New Zealand. It was launched in August and became mandatory on 1 October 2019. More than 500,000 NZeTAs have been issued since ...
    BeehiveBy beehive.govt.nz
    3 days ago
  • Plan of action to protect seabirds
    A proposed national plan of action to reduce the number of seabirds caught in fisheries is being circulated for public feedback. Fisheries Minister Stuart Nash and Conservation Minister Eugenie Sage say New Zealand is a global centre of seabird diversity with about 145 species in our waters. It has more ...
    BeehiveBy beehive.govt.nz
    3 days ago
  • National interest test added to overseas investment rules
    The Government is delivering on its promise to protect New Zealanders’ interests by applying a new national interest test to the sales of our most sensitive and high risk assets to overseas buyers. Associate Finance Minister David Parker said under current Overseas Investment Act rules, assets such as ports and ...
    BeehiveBy beehive.govt.nz
    3 days ago
  • New housing part of support for Kaumātua
    The Government is building special housing to accommodate one of Aotearoa’s greatest taonga- our kaumātua, says the Minister for Māori Development, Hon Nanaia Mahuta.  Speaking at a National Kaumātua Service Providers Conference in Rotorua today, the Minister reinforced the importance kaumātua play in maintaining and passing on mātauranga Māori, knowledge, ...
    BeehiveBy beehive.govt.nz
    3 days ago
  • Forestry helps prisoners into jobs
    Eleven men from a pilot forestry training programme for prisoners in Northland now have full time jobs or job offers upon release, Corrections Minister Kelvin Davis and Forestry Minister Shane Jones announced today. The ‘release to work’ programme was a collaboration between Te Uru Rākau and the Department of Corrections, ...
    BeehiveBy beehive.govt.nz
    3 days ago
  • Reform of public service a step closer
    Minister of State Services Chris Hipkins today introduced into Parliament a Bill that will make it easier for the public service to tackle the biggest challenges facing Governments. The Bill represents the most significant change in the public service in 30 years. The State Sector Act 1988 will be repealed ...
    BeehiveBy beehive.govt.nz
    3 days ago
  • Donations scheme to relieve pressure on families
    The families of more than 416,000 students will be better off next year as their schools have signed up to the Government’s donations scheme, Education Minister Chris Hipkins said today. The scheme will see almost $62.5 million in additional Government funding go to schools nationwide next year. “I’m really pleased ...
    BeehiveBy beehive.govt.nz
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