It’s not stolen – I just borrowed it without asking
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- Date published:
3:23 pm, February 23rd, 2014 - 51 comments
Categories: blogs, crime, law, police -
Tags: cameron slater, matthew blomfield
Much discussion has taken place around the legalities of bloggers accessing data and then publishing it on the web. We’ve heard plenty about the complexity of this issue from the bloggers’ perspective. But little about the complexities facing bloggers’ targets or police investigators.
For this post I will use the Blomfield v Slater example as a case study.
A compliant was made to the police about the illegality of Mr Slater possessing and publishing copies of Mr Blomfield’s property. They declined to lay charges because of no clearly defined reasons in the law. I think that they were mistaken in their understanding of the Crimes Act.
I have had access to the court documents that Mr Blomfield has filed in his defamation proceedings against Mr Slater. I am a supporter of Mr Blomfield’s. I have assisted him with his case and the issues relating to Mr Slater. But this is my opinion of the law as I see it, backed up by some very intensive research.
Judge Blackie asked a very pointed question of Counsel for Slater last year during the defamation case: “So did Mr Slater steal the hard drive?” Mr Williams (lawyer acting for Slater) responded: “No he did not.” Judge Blackie rephrased the question: “So you’re telling me that Mr Blomfield gave it to you or said you can have it? I will ask you again, did Mr Slater steal the hard drive?”. Mr Williams did not respond.
After reading this exchange, I asked Blomfield: “How did Slater get the hard drive?” His response: “I don’t really know. One of Mr Slater’s sources, Mr Warren Powell, had it then it ended up with Slater”. I have read Mr Blomfield’s initial witness statement to the NZ Police and this is what he told them then. As always, Slater has different and varied twists in his explanations. None appear to have any legal validity.
Background
Mr Blomfield is upset and concerned about Slater’s possession and use of material relating to Blomfield, and this is at the kernel of the case.
The material comprises all Blomfield’s physical files that were stored in two filing cabinets in an office he shared with Warren Powell of Hell Pizza. It relates to his private businesses, including confidential client, financials, and commercial data, as well as computer equipment containing electronic material such as his emails, personal files and data, including numerous photographs and videos.
The material essentially comprises almost every record (hard copy or electronic, business or personal) of Mr Blomfield’s life for the previous 10 years or so. In this digital age it is not unusual for the content of people’s computer hard-drives and data storage facilities to contain their most personal and private details.
It is difficult not to feel considerable sympathy for someone in a situation where another person(s) sees fit to gain access to and copy such material without any permission or authority from the owner of the material to do so. Equally, it would be surprising if such action did not constitute a criminal offence.
Mr Slater’s actions
There does not appear to be any dispute that Cameron Slater has made for himself an electronic copy of all of the material belonging to Matthew Blomfield.
Slater’s blog-site posts headed “Blomfield files: free to a good home” (dated 14/5/12 but now removed) stated, inter alia, “I have now copied all of the Blomfield files onto a portable drive. It is just over 1Tb of juicy dirt.” Other material posted or referred to by Slater on his blog-site can only have originated from Blomfield’s personal material (both hard-copy and electronic).
In the submission for Mr Blomfield a strong argument has been made that, in copying Mr Blomfield’s private and personal data (i.e. physical and electronic data which comprises tangible and intangible “property” as defined in section 2 of the Crimes Act 1961), Slater has committed at least three Crimes Act offences:
- receiving pursuant to section 246;
- theft pursuant to section 219;
- accessing a computer system for dishonest purposes pursuant to section 249;
- and accessing a computer system without authorisation pursuant to section 252.
Property provided to Slater copied was “stolen”
To prove that Slater committed the offence of receiving under s246 of the Crimes Act, it is first necessary to prove that the property he received was stolen or obtained by other criminal means, and that Slater knew, or was reckless, about the manner in which it came into his possession.
The evidence I have reviewed does not positively establish the identity of the person who took Blomfield’s property and made it available to Slater to copy, or the circumstances in which he took possession thereof (although the evidence obtained by Mr Blomfield gives a strong indication of this person’s identity). Accordingly unlawful “taking” cannot be established.
Having possession or control over the physical property and in some way making the property available to Slater to copy would seem to satisfy the ordinary usage of the broad terms “using or dealing” in s219(1)(b) of the Crimes Act. The decision in Davies (Daniel) v Police [2008] 1 NZLR 638 confirms that there can be a “use or dealing” with intangible property (see also Adams on Criminal Law at CA2.29.01).
However, dishonesty must also be proved, on the part of the provider and the receiver of material obtained without its owners’ consent. It would be difficult for the person who made the material available to Slater to argue any belief that its owner Blomfield consented to it being uplifted and provided to Slater.
Intent to deprive the owner permanently of the property or any interest in the property must also be established (see Adams at CA219.05). That the person made the property available to Slater to copy, together with the fact that the person never returned or made any effort to return the physical property to Blomfield would prima facie be sufficient evidence to satisfy the “intent to permanently deprive” requirement.
There is also a strong argument in terms of s219 (2) (a) that there was an intent to deal with the property in such a manner that it could not be returned in the same condition (i.e. uncopied); and that in terms of s219 (2) (b) there was an intention that the owner be deprived of a property interest in the property (i.e. the right to exclusive possession of the electronic material contained therein).
Property provided to Slater was unlawfully received
To prove that Slater unlawfully received the property (or part thereof) as well as proving that the property had been stolen, it would also need to be proved that, at the time of receiving, Mr Slater had knowledge thereof or was reckless as to the manner it was obtained and provided to him. .
Given the nature of the material, and the fact that it was not provided to him by Blomfield (or anyone authorised by him), it would be difficult to argue that Slater was not at the very least reckless as to whether the material was stolen when he received and copied it.
Slater may argue that he never “received” the property. Receiving requires possession and control over the property. On the evidence it is difficult not to conclude that Slater did not come into physical possession of the property, at least temporarily, for the purposes of copying it. On his own website, Slater indicates that he has copied both electronic and hard copy material owned by Blomfield. It would require at least temporary physical possession of the original hard copy material to make copies.
In terms of electronic files, Slater has made the admission: “I have now copied all of the Blomfield files onto a portable drive.” Even if this was done from a supplied electronic copy of the original Blomfield files, a strong argument can be made that Slater’s “copying” of a copy can properly be found to be an act of dishonesty. This argument is set out in detail below in addressing whether a charge of theft can be proved against Mr Slater.
Does Slater’s act in copying material obtained dishonestly constitute theft?
The offence of theft as amended in 2003 now also includes unlawfully dealing with property that was previously considered to be conversion. The actus reus element in s219(1)(b) of “using or dealing” with the property is broad enough in its plain language to cover copying, and as already set out case law confirms that there can be a “use or dealing” with intangible property. Adams notes (at CA2.29.01) that criminal dealings with intangible property can now be the subject of charges of theft, obtaining by deception and the like.”
The first mens rea element for theft is dishonesty, which is focused on the absence of belief in consent to carry out the use or dealing with the property from a person entitled to give such consent. The only person entitled to give such consent here is Blomfield and, accordingly, there is no basis for Mr Slater to argue any such belief in consent.
The second mens rea element is that the actions are done without claim of right or belief that the acts were lawful. While Slater may seek to adduce evidence of a claim of right there is no obvious claim of right on the face of the facts here for copying the personal and private material belonging to Blomfield, or for viewing it, or for posting blogs about it.
The third mens rea element is intent to deprive the owner permanently of the property, or any interest in the property. While it may be submitted that that there was no intention to permanently deprive because the original was not taken or deleted but merely copied, there is a strong argument that copying the property does (and should) amount to depriving the owner permanently of an “interest in the property”. This interest is the owner’s right to have exclusive possession and control of the property and data that has been provided to a third party without the owner’s consent. The argument would be along the following lines:
A major protection of property interests is the criminal offence of theft and its derivative offences. This protection has a long history of responding to new forms of property mirroring change in societal relations and technological developments.
The 2003 changes to New Zealand’s “Crimes against Rights of Property” in the Crimes Act were a direct response to uncertainties in the application of property offences, in light of rapidly developing computer and networked technologies.
The focus of theft law has been moving from the protection of possession towards the protection of the right of property. The property right is not a single right but a bundle of rights drawn from private law and economic practicalities, which can accommodate differing conceptions of ownership and intangible property. (see Wayne Rumbles, “Theft in the digital: can you steal virtual property?”).
One right comprising part of the bundle of rights in relation to material held on electronic media, is the right to exclusive possession and use of the material. If another person is able to copy the material for themselves they gain the same property interest as the true owner, whose property rights are thereby permanently reduced.
Today, there is no practical distinction between an electronic “original” and an electronic “copy”. Ordinary persons would consider the actions of a person who copies the private electronic data of another for themselves without permission to be “Data theft”. The term commonly used to encompass such behaviour.
I would suggest that taking a copy of private electronic data amounts to depriving the owner permanently of an “interest in the property” for a dishonest purposes is theft under the Crimes Act.
Has Slater accessed a computer system for dishonest purposes?
Section 249 of the Crimes Act makes it an offence to directly or indirectly access a computer system to dishonestly obtain any property, privilege, service, pecuniary advantage, benefit or valuable consideration, or cause loss to any other person. (italics added)
Section 248 defines “computer system” as including, inter alia, a computer, 2 or more interconnected computers, and includes all related input, output, processing, storage, software, or communication facilities and stored data.
To “access” includes to receive data from, or otherwise make use of, any of the resources of the computer system. This broad definition of “access” would appear to cover copying material on a computer system; and the words “directly or indirectly” would make any defence that Mr Slater may have never been in physical possession of the property, untenable.
The physical items on which the electronic data was stored here (computer, hard drive, etc.) are part of Blomfield’s computer system: his historic electronic data is stored on them; and the broad definition of “computer system” in the act includes “stored data”.
Section 249 requires obtaining (or attempting to obtain) property, privilege, service, pecuniary advantage, benefit, or valuable consideration; or causing loss to any person. While it might again be argued that no “property” has been obtained – merely copies made – the wide definition of “property” in section 2 of the Crimes Act would appear to cover copies.
Accessing a computer system without authorisation by Mr Slater
Section 252 of the Crimes Act makes it an offence to intentionally directly or indirectly access a computer system knowing that there was no authorisation to do so or being reckless as to the same.
For the reasons above, there is a strong argument that Slater has directly or indirectly accessed Blomfield’s computer system. Unlike s249, with s252 dishonesty does not need to be proved. It just requires proof of intentional accessing and proof that the person knew they were not authorised to access the system (or were reckless). There appears to be no basis for Slater to argue that he was authorised to access the computer system where clearly no authorisation was given by Blomfield. At the very least that his actions were reckless.
Summing up.
The New Zealand Police have been asked to review the decision not to issue criminal proceedings in relation to the taking / copying and using of Blomfield’s personal and private data.
I personally think that what Mr Slater has done is unconscionable and the thought of an individual having access to every aspect of someone’s entire adult life is appalling. In this fast changing world the NZ Police – and the law itself – are understandably struggling with the complexity of the new electronic age.
The Slater v Blomfield battle continues but its progress to date indicates that – at the end of the day – some landmark decisions may be made on the complex nature of intangible property, of theft, of receiving, and of dishonest use of data obtained without its owner’s consent that will establish new rules of engagement in the era of digital media.
We can but hope. Because what Mr Slater has done here is morally, ethically and, I contend here, legally wrong.
Guy Fox
lprent: This post is subject continuing legal processes. So it will be fully moderated.
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- The New Government’s AgreementsLast Friday, almost six weeks after election day, National finally came to an agreement with ACT and NZ First to form a government. They also released the agreements between each party and looking through them, here are the things I thought were the most interesting (and often concerning) from the. ...5 days ago
- How many smokers will die to fund the tax cuts?6 days ago
- How the culture will change in the BeehivePerhaps the biggest change that will come to the Beehive as the new government settles in will be a fundamental culture change. The era of endless consultation will be over. This looks like a government that knows what it wants to do, and that means it knows what outcomes ...6 days ago
- No More Winnie Blues.
6 days ago - 2023 SkS Weekly Climate Change & Global Warming News Roundup #47A chronological listing of news and opinion articles posted on the Skeptical Science Facebook Page during the past week: Sun, Nov 19, 2023 thru Sat, Nov 25, 2023. Story of the Week World stands on frontline of disaster at Cop28, says UN climate chief Exclusive: Simon Stiell says leaders must ‘stop ...6 days ago
- Some of it is mad, some of it is bad and some of it is clearly the work of people who are dangerous ...
On announcement morning my mate texted:Typical of this cut-price, fake-deal government to announce itself on Black Friday.What a deal. We lose Kim Hill, we gain an empty, jargonising prime minister, a belligerent conspiracist, and a heartless Ayn Rand fanboy. One door closes, another gets slammed repeatedly in your face.It seems pretty ...7 days ago - “Revolution” is the threat as the Māori Party smarts at coalition government’s Treaty directi...Buzz from the Beehive Having found no fresh announcements on the government’s official website, Point of Order turned today to Scoop’s Latest Parliament Headlines for its buzz. This provided us with evidence that the Māori Party has been soured by the the coalition agreement announced yesterday by the new PM. “Soured” ...1 week ago
- The Good, the Bad, and the even Worse.
Yesterday the trio that will lead our country unveiled their vision for New Zealand.Seymour looking surprisingly statesmanlike, refusing to rise to barbs about his previous comments on Winston Peters. Almost as if they had just been slapstick for the crowd.Winston was mostly focussed on settling scores with the media, making ...1 week ago - When it Comes to Palestine – Free Speech is Under Threat
Hi,Thanks for getting amongst Mister Organ on digital — thanks to you, we hit the #1 doc spot on iTunes this week. This response goes a long way to helping us break even.I feel good about that. Other things — not so much.New Zealand finally has a new government, and ...1 week ago - Thank you Captain Luxon. Was that a landing, or were we shot down?
Hello! Here comes the Saturday edition of More Than A Feilding, catching you up on the past week’s editions.Also in More Than A FeildingFriday The unboxing And so this is Friday and what have we gone and done to ourselves?In the same way that a Christmas present can look lovely under the ...1 week ago - Cans of Worms.“And there’ll be no shortage of ‘events’ to test Luxon’s political skills. David Seymour wants a referendum on the Treaty. Winston wants a Royal Commission of Inquiry into Labour’s handling of the Covid crisis. Talk about cans of worms!”LAURIE AND LES were very fond of their local. It was nothing ...1 week ago
- Disinformation campaigns are undermining democracy. Here’s how we can fight backThis article is republished from The Conversation under a Creative Commons license. Read the original article. Misinformation is debated everywhere and has justifiably sparked concerns. It can polarise the public, reduce health-protective behaviours such as mask wearing and vaccination, and erode trust in science. Much of misinformation is spread not ...1 week ago
- Peters as Minister
A previous column looked at Winston Peters biographically. This one takes a closer look at his record as a minister, especially his policy record.1990-1991: Minister of Māori Affairs. Few remember Ka Awatea as a major document on the future of Māori policy; there is not even an entry in Wikipedia. ...1 week ago - The New Government: 2023 Edition
So New Zealand has a brand-spanking new right-wing government. Not just any new government either. A formal majority coalition, of the sort last seen in 1996-1998 (our governmental arrangements for the past quarter of a century have been varying flavours of minority coalition or single-party minority, with great emphasis ...1 week ago
- Release: Labour team ready to take on the coalition of chaos
Labour’s strong line-up for the 54th Parliament brings experience and energy to the job of Opposition. ...2 days ago - The future of Aotearoa is at stake
The next 100 days will be a fight for our future. ...3 days ago - Māori will die to fund tax cutsBy scrapping Aotearoa’s world-leading smokefree laws, this government is sacrificing Māori lives to fund tax cuts for the wealthy. Not only is this plan revolting, but it doesn’t add up. Treasury has estimated that the reversal of smokefree laws to pay for tax cuts will cost our health system $5.25bn, ...3 days ago
- Release: National’s fiscal plans dealt another blowFigures showing National needs to find another $900 million for landlords highlights the mess this coalition Government is in less than a week into the job. ...3 days ago
- Green Party unveils portfolio spokespeople for the 54th ParliamentThe Green Party is pleased to announce the allocation of portfolios across its largest caucus ever. ...3 days ago
- The Time is Now for Oceans ProtectionCommunity organisations, mana whenua and the Greens have written to the incoming Minister of Oceans and Fisheries to call for the progression without delay of the Hauraki Gulf/Tīkapa Moana Marine Protection Bill. ...4 days ago
- Greenpeace nitrates research proves need for strong freshwater regulationThe Green Party is welcoming the release of an interactive map which enables people to monitor nitrate levels in their drinking water. ...5 days ago
- Release: Chris Hipkins congratulates Christopher Luxon"On behalf of the Labour Party I would like to congratulate Christopher Luxon on his appointment as Prime Minister,” Labour Party Leader Chris Hipkins said. ...5 days ago
- Greens launch petition to save oil and gas banThe Green Party has launched a petition to save the ban on oil and gas exploration. ...6 days ago
- Luxon’s Government will whitewash AotearoaNZ First has gotten their wish to ‘take our country back’ to the 1800s with a policy program that will white-wash Aotearoa and erase tangata whenua rights. By disestablishing the Māori Health Authority this Government has condemned Māori to die seven years earlier than Pākehā. By removing Treaty obligations from ...1 week ago
- Green Party a strong opposition to divisive governmentThe Green Party will keep up the fight for an Aotearoa that works for everyone. ...1 week ago
- Te Pāti Māori call for Foreign Affairs CEO to be sackedTe Pāti Māori have called for the resignation of the Ministry of Foreign and Trade chief executive Chris Seed following his decision to erase te reo Māori from government communications. While the country still waits for a new government to be formed, Mr Seed took it upon himself to undermine ...2 weeks ago
- Release: Labour Party calls for immediate ceasefireThe New Zealand Labour Party is urgently calling for a ceasefire in Gaza and Israel to put a halt to the appalling attacks and violence, so that a journey to a lasting peace can begin, Labour Leader Chris Hipkins said. ...2 weeks ago
- New Zealand welcomes European Parliament vote on the NZ-EU Free Trade Agreement
A significant milestone in ratifying the NZ-EU Free Trade Agreement (FTA) was reached last night, with 524 of the 705 member European Parliament voting in favour to approve the agreement. “I’m delighted to hear of the successful vote to approve the NZ-EU FTA in the European Parliament overnight. This is ...1 week ago - Further humanitarian support for Gaza, the West Bank and IsraelThe Government is contributing a further $5 million to support the response to urgent humanitarian needs in Gaza, the West Bank and Israel, bringing New Zealand’s total contribution to the humanitarian response so far to $10 million. “New Zealand is deeply saddened by the loss of civilian life and the ...2 weeks ago
- Why are drive-thru menus so hard to read?
Drive-thru menus these days are confusing and scattershot, filled with a random assortment of doodles of food and vague adwords. It didn’t used to be this way, writes Hayden Donnell. Kate was young, but she can still picture it clearly. She was in the back of the car as it ...8 hours ago - Peter Ellis series scoops two more awards
Described as one of the greatest true crime stories about a crime that never happened, eight-part podcast Peter Ellis, the Creche Case & Me has won two silvers at this year’s New Zealand Podcast Awards, for best documentary podcast and best true crime podcast. It was the first podcast ...9 hours ago - ‘She just got Will Ferrell to fart on camera’: Jaquie Brown’s most important interviewThe writer, actor and TV presenter looks back on her most memorable celebrity encounters, a sticky game show situation and making The Jaquie Brown Diaries. Jaquie Brown has traversed many corners of our local television universe. She’s been trapped under a piano with Andrew WK on Space, taken a limousine ...9 hours ago
- Short Story: Sumatran cannabisI knew she was interested in me because she sat down at the table after she served my cheesecake. “How’s your cheesecake?” “Absolutely delicious. Tastes better cos you’re sitting with me.” “That’s a rather cheesy compliment.” Her leg brushed mine, softly. “My husband’s at work,” she said. ...10 hours ago
- Watercare: Govt must guarantee debt or users will pay the priceWatercare had already doubled down on user charges; now it’s tripling down. With the Government’s promise to repeal Labour’s Three Waters reform in its first 100 days, the big drinking water and wastewater services provider tells Newsroom it’s now unable to finance Auckland’s infrastructure needs. Chief executive Dave ...10 hours ago
- Farming and food force their way onto COP28’s tableA declaration to make global food systems sustainable and climate compatible, signed by some 130 countries, was tabled yesterday at COP28 in Dubai. It was the first time farming and food were given such prominence in nearly 30 years of United Nation’s climate negotiations. “Global food systems are broken ...11 hours ago
- Colombia via Canberra for young Football FernJust four months ago, Ruby Nathan was filing in to Auckland’s Eden Park to watch the world’s best women’s footballers play in the FIFA Women’s World Cup. Now the 18-year-old forward has the chance to play alongside them, receiving her first Football Ferns call-up for two games against Colombia ...11 hours ago
- Why should you care?‘While we were all asleep here in Aotearoa, my aunty and cousins were killed in their home in Gaza.’ A letter from a young Palestinian New Zealander. ‘“On the 14th of October, we here in Gaza are under attack by Israel. And America supports the bombing of civilian homes, killing ...11 hours ago
- Focus on Politics: Distractions assail coalition as it lays out ambitious agenda
Fixing the economy is a hefty workload for a Cabinet that's so far been dogged by distractions - driven partly by new Deputy Prime Minister Winston Peters. ...12 hours ago - Long Read: The Crewe MurdersThis week, ‘The Crewe Murders: Inside New Zealand’s most infamous cold case’, a new book from Massey University Press written by Kirsty Johnston and James Hollings. Award-winning investigative journalist Kirsty Johnston joins the podcast to discuss the case and read an excerpt of the book herself. The murder of Harvey ...12 hours ago
- Enhancing the mana of Te TiritiOpinion: Act Party leader David Seymour has announced his party’s Treaty Principles bill would go through the parliamentary process “to enhance the mana of the treaty” and to “debate what our founding document means in the modern age”. To enhance the treaty and to debate its meaning, we ...12 hours ago
- The Week in Detail: Smokefree, Judith Collins, and woke-washingEvery weekday, The Detail makes sense of the big news stories. This week, a US court case claiming Google’s overreaching on users’ privacy, a look inside an Auckland start-up incubator wanting to shake up the future of carbon emissions, what the new government’s rollback of the Smokefree 2025 legislation means, the ...12 hours ago
- The inside story of Pals, the little RTD that did it all wrong and got it so rightIn just four years, Pals has gone from a one-man startup to a category-changing monster. This is the untold story of how four friends took on the multinational liquor giants – and won. When Pals first appeared, the liquor industry barely noticed. “None of it made sense,” says Kane Stanford, ...13 hours ago
- Their house, my garden: The do-nothing farmerThis week on Their house, my garden, we meet a very different sort of gardener. Some people might say that the best thing about artists is that they make the world more beautiful and you can put their work on your wall to make your home look cool. I think ...13 hours ago
- Waiheke Local Board Demand An Immediate And Permanent Ceasefire In Palestine
29 November 2023 Waiheke Local Board today unanimously passed a motion demanding an immediate and permanent ceasefire in Palestine. The board also agreed to fly the Palestine flag from their Local Board building for one month, starting from today ...17 hours ago - Politics with Michelle Grattan: Chris Bowen’s struggle to promote consensus on climate action at C...
Source: The Conversation (Au and NZ) – By Michelle Grattan, Professorial Fellow, University of Canberra Chris Bowen, Minister for Climate Change and Energy, next week heads to COP28 in Dubai, leading the Australian delegation. He joins the podcast to talk about the meeting, which he hopes will be easier than ...21 hours ago - New Zealand welcomes extension to pause in Gaza conflictForeign Minister Winston Peters has welcomed the extra day added to the halt in fighting, and called on all parties and countries with influence to work towards a long-term ceasefire. ...1 day ago
- What’s going on at Cotto and the Leigh Sawmill Cafe?Cancelled bookings, ‘temporary’ closures, ‘unforeseen circumstances’ and yet no official announcement from anyone linked to the popular Auckland businesses. What’s going on? Two high-profile Auckland eateries linked to a prolific hospitality figure have closed unexpectedly, leaving customers in the dark as to why and for how long. A notice has ...1 day ago
- Social media ads are littered with ‘green’ claims. How are we supposed to know they’re true?Source: The Conversation (Au and NZ) – By Christine Parker, Professor of Law, The University of Melbourne Yuriy Golub/Shutterstock Online platforms are awash with ads for so-called “green” products. Power companies are “carbon neutral”. Electronics are “for the planet”. Clothing is “circular” and travel is “sustainable”. Or are ...1 day ago
- $33,000 pledged to support journalism and new rewards addedA week ago we launched our PledgeMe campaign to help fund What’s eating Aotearoa, a longform journalism project focused on food and how it shapes this country. We’ve just passed the $33k mark. With PledgeMe it’s all or nothing, and we need to hit our goal of $50,000. If you’ve ...1 day ago
- Keith Rankin Essay: Supremacism, Israel and NeozionismAnalysis by Keith Rankin. Keith Rankin, trained as an economic historian, is a retired lecturer in Economics and Statistics. He lives in Auckland, New Zealand. Supremacism is a cultural belief that an in-group of humanity is inherently superior to other groups, and that those other groups have lesser human rights ...1 day ago
- The Week in Politics: Winston goes to warThe NZ First leader derailed the new coalition government's first week in power, writes Peter Wilson. ...1 day ago
- COP28 climate summit just approved a ‘loss and damage’ fund. What does this mean?Source: The Conversation (Au and NZ) – By Matt McDonald, Associate Professor of International Relations, The University of Queensland Day one of the COP28 climate summit saw the first big breakthrough: agreement on a “loss and damage” fund to compensate poor states for the effects of climate change. Met with ...1 day ago
- The Spinoff scores at NZ Podcast AwardsThe Spinoff Podcast Network picked up three gongs at this year’s NZ Podcast Awards. Our politics podcast Gone By Lunchtime won best current affairs podcast for the second year in a row, while This Is Kiwi scored silver in best branded podcast and Business Is Boring placed third in best ...1 day ago
- Cellphones take the fall for education failuresAn appearance at Manurewa Intermediate School on Friday morning proved the cellphone ban in schools had survived coalition talks, with new Prime Minister Christoper Luxon stating the ban would be in place during his first 100 days in office. Polling from Horizon Research shows most New Zealanders appear to ...1 day ago
- With The Pogues, Shane MacGowan perhaps proved himself the most important Irish writer since James J...Source: The Conversation (Au and NZ) – By Alexander Howard, Senior Lecturer, Discipline of English, University of Sydney Known for his music with The Pogues, and perhaps the most important Irish writer since James Joyce, the venerated and critically acclaimed Shane MacGowan has died in Dublin at the age of ...1 day ago
- Te Whatu Ora takes aim at ‘conspiracy theorists’ spreading vaccine ‘misinformation’Te Whatu Ora’s issued a reminder to the public over vaccine safety, citing “misinformation” being spread by a “health agency staff member”. The health agency’s chief executive, Margie Apa, said the staff member had “no clinical background or expert vaccine knowledge” and what he was claiming was “completely wrong and ...1 day ago
- On Steve Maharey's ResignationThe following can be attributed to a spokesperson from the Taxpayers’ Union: “Steve Maharey shouldn’t have been allowed to quit. He has refused to front media or explain his Board’s continued apparent confidence in Pharmac’s CEO, despite her obvious ...1 day ago
- Pharmac chair resigns as new government signals ‘culture change’ at agencyPharmac’s chair has resigned, five years after joining the board of the health agency. Steve Maharey is a former Labour Party minister and came under fire earlier this year after writing a number of columns that came close to breaching the required political neutrality guidelines for public service board members. ...1 day ago
- A Stanford professor says science shows free will doesn’t exist. Here’s why he’s mistakenSource: The Conversation (Au and NZ) – By Adam Piovarchy, Research Associate, Institute for Ethics and Society, University of Notre Dame Australia It seems like we have free will. Most of the time, we are the ones who choose what we eat, how we tie our shoelaces and what articles ...1 day ago
- The Friday Poem: ‘crude public behavior’ by Kate AschoffA new poem by multimedia artist and writer Kate Aschoff. crude public behavior I know I could be Paris Hilton’s new BFF / In the Summer mosquitoes find me delicious / Even though I am tall and a team player and have “swimmers shoulders” / Saturday Netball is my least ...1 day ago
- The Unity Books bestseller chart for the week ending December 1The only published and available best-selling indie book chart in New Zealand is the top 10 sales list recorded every week at Unity Books’ stores in High St, Auckland, and Willis St, Wellington. AUCKLAND 1 Prophet Song by Paul Lynch (Bloomsbury, $37) The Irish novel that just won the 2023 ...1 day ago
- Which blood sugar monitor is best?Source: The Conversation (Au and NZ) – By Neale Cohen, Head of Diabetes Clinics, Baker Heart and Diabetes Institute Shutterstock Monitoring the level of glucose (sugar) in your blood is vital if you have diabetes. You get results in real time, which allows you to adjust your medications, ...1 day ago
- Want to cut your new home costs by 10% or more? That’s what building groups can doSource: The Conversation (Au and NZ) – By Andrea Sharam, Senior Lecturer, School of Property, Construction and Project Management, RMIT University A building group based in Eltham, Victoria. Image: Property Collectives High-performance, affordable housing built in existing suburbs should be a big part of the solution to Australia’s housing crisis. ...1 day ago
- A Kid Called Troy at 30: this beautiful Aussie films was one of the most important HIV/AIDS document...Source: The Conversation (Au and NZ) – By Jessica Gildersleeve, Professor of English Literature, University of Southern Queensland NFSA Since 1988, World AIDS Day has been held each year on December 1. This World AIDS Day, we’re reflecting on one of the most important HIV/AIDS documentaries ever produced: ...1 day ago
- Public sector boss Steve Maharey resigns as chair of Pharmac and ACCSteve Maharey has resigned as chairperson of the board of Pharmac. He has also resigned as chairperson of the board of ACC. ...1 day ago
- Queenstown’s old luge conveyor gets a new life powering recycling initiativeEllen Rykers talks to a Southland couple with ambitious plans to divert construction waste from landfill. This is an excerpt from our weekly environmental newsletter Future Proof, brought to you by AMP. Sign up here. As much as 50% of the waste generated in New Zealand comes from construction and demolition, and a ...1 day ago
- Hastings Councillor Damon Harvey A Ratepayer Hero, Mayor Hazlehurst Is The VillainThe Taxpayers’ Union is calling for Hastings District Councillor Damon Harvey to be reinstated in his committee chair role and the councillors to instead hold a vote of no confidence in the Mayor following revelations that he was stripped of ...1 day ago
- COP28: the climate summit’s first Health Day points to what needs to change in NZSource: The Conversation (Au and NZ) – By Alistair Woodward, Professor, School of Population Health, University of Auckland Climate change has many effects, but one of the most significant will feature for the first time at COP28 – its impact on human health. Now under way in Dubai, the latest ...1 day ago
- Coalition Agreements Between National, ACT And NZ First Signal The Need To Protect All Whānau Māor...The new National, ACT and New Zealand First co-governance government has set its sights firmly on removing Māori rights, judging from their coalition agreements. The new government’s first joint announcement included that they would remove the ...1 day ago
- Cut The Waste, Not The Waste CollectionCommenting on proposals to reduce Auckland’s refuse collection from weekly to fortnightly, Auckland Ratepayers’ Alliance spokesman, Jordan Williams, said: “Auckland Council’s finances are in dire straits, and clearly serious savings need to be ...1 day ago
- Former minister quits Covid inquiry as government set to launch second probeFormer National cabinet minister Hekia Parata has resigned from the Royal Commission into the Covid-19 pandemic. She departed the commission on November 15, ahead of the formation of the new government but after the overall election result was known. The National-led coalition has announced it will look to introduce a ...1 day ago
- Israel-Gaza crisis: NZ must condemn atrocities but keep pushing for a two-state solutionANALYSIS: By Alexander Gillespie, University of Waikato It was perhaps inevitable that the shock Hamas attack on Israel would become a minor election sideshow in New Zealand. Less than a week from the Aotearoa New Zealand polls, a crisis in the Middle East offered opposition parties a brief chance to ...1 day ago
- The Government Must Fund Care Workers Before LandlordsE tū, the biggest private sector union in Aotearoa New Zealand, is shocked to learn that the National Party’s coalition agreement with ACT would see planned tax breaks for landlords brought forward, costing at least $900 million according to analysis ...1 day ago
- Political panel: The coalition government's first weekRNZ political reporter Katie Scotcher, Newhub's political editor Jenna Lynch, and the New Zealand Herald's deputy political editor, Thomas Coughlan discuss the coalition government's first week in charge. ...1 day ago
- Watch: Prime Minister Christopher Luxon, Education Minister Erica Stanford address mediaChristopher Luxon will be taking questions from the media with Erica Stanford, the new Minister of Education. ...1 day ago
- An Oath To Our MokopunaOn Tuesday, MPs will be required to pledge an oath of allegiance to ‘ His Majesty King Charles the Third, His heirs and successors’ before they can be officially sworn into Parliament. This is symbolic of the colonial power that Parliament places ...1 day ago
- A wish list of signings for the new Auckland A-League franchiseAuckland’s new professional football franchise has less than a year to assemble a squad that’s not just competitive, but capable of winning over the city’s fickle fans. Whose signatures should they be hunting? Professional football is returning to Auckland. Billionaire American businessman Bill Foley, owner of NHL champions the Las ...1 day ago
- UN Loss And Damage Fund Doomed Without Fossil Fuel Phase-out – Greenpeace AotearoaAs a new climate loss and damage fund is operationalised on the first day of the COP28 UN climate conference, Greenpeace Aotearoa is condemning the New Zealand Government’s decision to restart offshore fossil fuel exploration, which will only lead to more ...1 day ago
- Toi Mata Hauora ASMS Completes Pay Negotiations With Te Whatu Ora – Achieves CPI IncreaseThe Association of Salaried Medical Specialists have settled their pay negotiations with Te Whatu Ora ending months of bargaining and industrial action. More than 90 per cent of polled ASMS members voted to accept Te Whatu Ora’s latest pay offer ...1 day ago
- IFJ condemns deputy PM’s comments as threat to NZ press freedomPacific Media Watch Journalists and media workers have criticised comments made by Aotearoa New Zealand’s newly-elected Deputy Prime Minister Winston Peters — who claimed that a 2020 Labour government media funding initiative constituted “bribery” — as a threat to media freedom. The International Federation of Journalists (IFJ) reports that it ...1 day ago
- Since the war on Gaza began, violence against Palestinians has surged in the West BankANALYSIS: By Tristan Dunning, University of Queensland, and Martin Kear, University of Sydney While the world remains fixated on the devastating October 7 Hamas attacks and the subsequent Israeli attacks on the Gaza Strip, there has been a pronounced — and mostly unnoticed — escalation in violence against Palestinians in ...1 day ago
- Peters has track record but NZ aid policy still hard to figure outANALYSIS: By Terence Wood In the wake of New Zealand’s recent election, and subsequent coalition negotiations, Winston Peters has emerged as New Zealand’s Foreign Minister again. I’ve never been able to adequately explain why a populist politician leading a party called New Zealand First would have an interest in a ...1 day ago
- Councillor says Wellington mayor Tory Whanau should resign – 'It's not working'A Wellington City councillor says mayor Tory Whanau isn't able to give "the 150 percent that's needed" to lead the capital. ...1 day ago
- Appeal sees Grabone owners NZME fined $200k over unsafe puzzle toyNZME, the owners of the Herald, has been fined close to $200,000 after a “magnetic puzzle toy” sold through its Grabone service was deemed to be unsafe. The fine is an increase on the $88,000 penalty previous imposed by the court after the Commerce Commission appealed the decision. In a ...1 day ago
- Wellington Stands Up For Abortion Rights This Saturday, 2 DecemberOn Saturday 2 December, pro-choice supporters will rally and march to defend abortion rights and to counter anti-choice conservatives. The rally starts at 1pm at Te Aro Park (Dixon/Manners) with speakers in the Park before marching. ...1 day ago
- Listen: The RBNZ’s wet blanket for summerThe Reserve Bank surprised everyone this week by warning it may have to raise interest rates again to force inflation down, effectively eliminating the prospect of major mortgage rate cuts over the coming summer. In this week’s episode of When the Facts Change, Kiwibank chief economist Jarrod Kerr joins Bernard ...1 day ago
- Restore Passenger Rail Ōtepoti Slow March 4th December 2023Ōtepoti supporters of Restore Passenger Rail will slowly walk from the Railway Station to the Octagon on Monday morning, in support of their campaign’s demands that the new Government restores a nationwide passenger rail service and provides ...1 day ago
- Dunne's Weekly: Luxon's Long And Rocky RoadDame Jacinda Ardern observed after she stood down as Prime Minister that "Government isn’t just what you do, it's how you make people feel". While an interesting insight into how she viewed the purpose of government (and, some would argue, an ...1 day ago
- A look back at The Project NZ’s most memorable momentsAs the show prepares for its final episode, we look back at some of the weird and wonderful moments from the last six years of The Project NZ. The Project NZ burst into the 7pm slot in February 2017, and has since served us everything from Lizzo’s opinion on cheese ...1 day ago
- New Zealand’s Biggest Cannabis Event Is On Saturday 2nd December.J Day Is Auckland’s Annual Celebration Of Our Kiwi Cannabis Culture And A Protest Against Prohibition, Held In Albert Park Every Year Since 1992. NORML and friends presents the 31st Annual J Day, usually held on the first Saturday in May every year ...1 day ago
- The Government Must Urgently Reconsider The Proposed Changes To The Oranga Tamariki Act Section 7AAE Tipu e Rea Whānau Services are deeply concerned at the new Government's plan to scrap Section 7AA of the Oranga Tamariki Act. As an organisation that works with teenage parents and their tamariki who have a history of state intervention, we know ...1 day ago
- The Bulletin: Fortnightly rubbish collections on the cards for AucklandAuckland is considering a move that would reduce kerbside rubbish collections to once a fortnight. It’s part of a council plan to drastically reduce the amount of rubbish produced by households, supported by the recent city-wide rollout of food scrap bins expected to reduce up to 41% of bin contents by ...1 day ago
- Controversial claims about extinct humans are stirring up evolution research. Here’s how the mess ...Source: The Conversation (Au and NZ) – By Mike W. Morley, Associate Professor and Director, Flinders Microarchaeology Laboratory, Flinders University In June, researchers led by palaeoanthropologist Lee Berger published sensational claims about an extinct human species called Homo naledi online and in the Netflix documentary Unknown: Cave of Bones. They ...1 day ago
- The news is fading from sight on big social media platforms – where does that leave journalism?Source: The Conversation (Au and NZ) – By Merja Myllylahti, Senior Lecturer, Co-Director Research Centre for Journalism, Media & Democracy, Auckland University of Technology According to a recent survey by the News Media Association, 90% of editors in the United Kingdom “believe that Google and Meta pose an existential threat ...1 day ago
- It’s beginning to look a lot like burnout. How to take care of yourself before the holidays startSource: The Conversation (Au and NZ) – By Sophie Scott, Associate Professor (Adjunct), Science Communication, University of Notre Dame Australia Shutterstock It’s getting towards the time of the year when you might feel more overwhelmed than usual. There are work projects to finish and perhaps exams in the ...1 day ago
- Can we sustainably harvest trees from tropical forests? Yes – here are 5 ways to do it betterSource: The Conversation (Au and NZ) – By Francis E Putz, Research Professor, University of the Sunshine Coast Panga Media, Shutterstock Logging typically degrades tropical forests. But what if logging is carefully planned and carried out by well-trained workers? While public campaigns to end logging dominate both ...1 day ago
- The Australian Curriculum is copping fresh criticism – what is it supposed to do?Source: The Conversation (Au and NZ) – By Stephanie Wescott, Lecturer in Education, Monash University This week a new report said there was a “curriculum problem” in Australia. Education consultancy group Learning First found the science curriculum lacked depth and breadth and had major problems with sequencing and clarity. While ...1 day ago
- New government makes India a priorityThe new government has reiterated its commitment to build a stronger relationship with India. Trade minister Todd McClay will visit the country before the end of the month for a whirlwind trip to meet with his counterpart, reports Thomas Coughlan at the Herald. “I will be working with prime minister ...1 day ago
- Sticky inflation and expensive policies give new government a fiscal headacheThe PM says deep spending cuts are needed to fix the ‘economic vandalism’ of the previous government. But Luxon and Willis are already running up some big bills of their own, writes Catherine McGregor in this excerpt from The Bulletin, The Spinoff’s morning news round-up. To receive The Bulletin in ...1 day ago
- Coalition's WHO policy leaves public health expert 'baffled'Public health academic Michael Baker says the new government's approach to World Health Organisation regulations is "incoherent". ...1 day ago
- Coalition's WHO policy leaves public health expert 'baffled'Public health academic Michael Baker says the new government's approach to World Health Organisation regulations is "incoherent". ...1 day ago
- Mark Mitchell 'to commit to supporting' cyclone-hit regions ahead of visitIn his first week on the job, new Emergency Management and Recovery Minister Mark Mitchell is visiting cyclone and flood-ravaged regions to hear what they need from the government. ...2 days ago
- The canned coffees of New Zealand, reviewed and rankedThey’re cold, they’re caffeinated and they’re classier than an energy drink – iced coffee in a can has gone from novelty to normal in Aotearoa in record time. We tasted 25 to sort the morning must-haves from the mediocre mud water. Just a few short years ago, coffee in a ...2 days ago
- It’s OK to turn off the newsMany news consumers feel a responsibility to bear witness to all sorts of distressing images and events. But deciding to tune out instead doesn’t make you a bad person, writes counsellor Ross Palethorpe. Our attention is demanded everywhere. We are exhorted to witness, to not look away, to act, in ...2 days ago
And the Prime Minister has “weekly chats” with this man.
And is happily photographed with him.
And our media glorify him.
Sick.
(I don’t give a rat’s patui about Slater – it’s that a large swath of our political and media establishment are protecting him because his toxic, malign bullying makes him a useful proxy.)
The MSM sets the acceptable boundaries and slant on the entire political discourse for the country. Unless the Left is able to bypass the MSM and break out of the right leaning media strait jacket that it has been set up in, it will continue to struggle to present any real alternative vision for the future.
kevin spacey could play key in a movie but who plays slater.
thanks for this post, will be interesting to see how this unfolds.
Paul Giamatti or Luis Guzman.
Either of them would have to put on a LOT of weight of course.
Terry Jones – have you seen Mr Creosote in Monty Python’s The Meaning of Life?
(I don’t mean because he’s fat, but because of everything else – the greed, the offensiveness, the vomiting, the explosion.)
Nah. You’d need CGI to replicate Cam.
And Judith Collins has to phone him to find out if it permissible for her to give an interview to The Herald about said Slater???
One does have to question the judgement and ype of political bed fellows the National-Act govt keep company with.
If Camoron Slater is found guilty
Of being in posession of stolen goods and accessing someones personal files it could mean Gaol for the twice convicted criminal.
No mention or denial of the revelations published about Blomfields methods or activities arising from disclosure of the information. Why is that?
Assuming that they aren’t just arising from Cameron Slaters characteristic style of lying, bombastic over stretching of any facts, or simply because he is usually too stupid to understand what he is looking at (all are far more likely than him being accurate). Then it still doesn’t excuse the offenses of theft, receiving, and illegally accessing data.
Do you have a point or is this you snorting on your keyboard again? You appear to be valiantly trying to excuse a simple theft for gain.
I bet a trawl through your private files would reveal some pretty juicy revelations about your past too eh, Barnsley? Would it be fair game if they were nicked and given to a psychopathic wanker do you think?
Warren Powell is a cunt. When I was an employee at a Hell Pizza franchise he used to send racist emails to the franchise owner complaining there weren’t enough white staff. (We had mostly Asian staff)
Any staff member could see these emails as they were available on our front counter computer. I know that some of the employees were extremely upset when they read them.
I wish I had forwarded the emails so I could have leaked them to the media.
As you well know I have spent some time in close proximity to one of the protagonists in this case and it is my opinion based on observation as this has unfolded that the other protagonist is no saint. Not a fellow traveler of yours or any who write here.
while I usually disagree vehemently with almost everything posted on this site I am not normally left confused as to why you would publish something in defense of somebody who would normally viewed as a class enemy by you and yours. And indeed would probably be your poster boy for all that is wrong with a free market, light handed regulation economy.
So? Going back to my original question – how does this excuse Cameron indulging in criminal activities? Then trying to throw the mantle of being a “journalist” over it. Or for that matter trying to hide his crimes as a blogger?
Again – what does that have to do with blubberboy indulging in criminal activities? I guess that you’re just too terrified of looking at the idea of a legally ordered society?
In case you hadn’t noticed this site has always behind the rule of real law rather than the mythology of lynch law that you appear to profess. We write large posts or reprint them from other sites about the legal issues. In these digital days that includes the questions of digital property.
That means amongst other things that even Cameron Slater should face up to the consequences of his criminal activities. Quite simply no-one is above the law.
Now presumably if there was any actual criminal activity on Mr Blomfield’s part, then presumably complaints have been made to the police? If those weren’t correctly handled then let me know with documented details. I’d be particularly fascinated at the supporting documentation.
He is a journalist. Not necessarily a good one but one nonetheless.
Mickysavage tends to agree with you (especially about the “not … a good one”).
I do not.
Quite simply I think that he is trying to cover himself with the few protections granted to journalists without taking any of the responsibilities that are meant to prevent them from using that protection with a reckless disregard for others. In particular I find that his taking money from enemies to attack others is unconscionable.
If that is the degenerate standard that journalism and journalists currently profess to, then I think that they need to have their protection on sources stripped out of the legal system.
But it is a pretty simple choice for journalists to make.
The reality is that if he and his “publisher” don’t act to the responsibilities of journalism then he is not one. I’d point out that on this site we don’t profess to be journalists (or actually want to be in most cases). But most of the time we do tend to act to similar levels of responsibility. It is simply good practice to do so if we want to survive over the longer term. That is why you also don’t find us in court on a regular basis defending our actions and getting convicted of being a sociopathic dickhead.
I tend to agree. However, journalists are not necessarily always responsible and trustworthy. Slater doesn’t have a monopoly on bad journalism, though he’s arguably the worst offender.
Steven Price, a media lawyer, seems to suggest that Slater is a journalist. Even if the Court rules that he can call himself a journalist, it may not be that helpful to his case.
http://www.medialawjournal.co.nz/?p=622
Nothing new in that lprent.
Back in the 1970s and 80s a woman infiltrated the Mt.Albert Labour Party and for up to 10 years she spied on numerous Labour activists and politicians. Helen Clark was one of them. She covered her ‘ass’ by getting herself Justice of the Peace status. I mean, who would think that such fine, upstanding members of the judicial system could be involved in unlawful behaviour.
She was working undercover for the NZ Police. (your niece knows a bit about that sort of thing). She and her undercover mates (one in particular I know of who also infiltrated the Party) were responsible for all manner of dubious and, in some cases, very serious misconduct – conduct that would have seen them spend a bit of time in gaol had they been caught. But of course they were never caught…
No surprises that John Key’s mentor, Muldoon was in office most of the time, and no surprises the same kind of thing is happening under John Key.
A journalist does not take money to push certain points of view. Cameron does.
http://www.thepaepae.com/as-playful-as-he-is-psychotic/26510/
Listen to the audio. The video is no longer available. Cameron admits demanding money from PR companies to push their points of view. We’ve already had – um – media personalities say it is okay to push paid opinions because they are not journalist, but entertainers.
Can’t have it both ways/
He’s not a journalist. Journalists do not demand money from PR companies to push certain points of view. Cameron does.
http://www.thepaepae.com/as-playful-as-he-is-psychotic/26510/
Listen to the audio – the video is no longer available. Cameron states he has demanded money to push opinions. He then tried to defend himself by claiming he didn’t actually get any. Maybe the IRD was interested?
We’ve had Hoskings and others claim it was okay to take money from Sky City because they were not journalists – but entertainers.
You can’t have it both ways.
Odd, though. Hoskings takes money and entertainment from Sky City, and is back on TV1. Shane Taurima borrows a meeting room and is gone. If only he’d taken free hospitality and held his meetings at Sky City ….
My understanding is someone has posted a legal analysis of certain aspects of the crimes act and how this case might fit their criteria. I didn’t read into that any personal comment on the character f Mr Blomfield by the author.
” normally viewed as a class enemy by you and yours. And indeed would probably be your poster boy for all that is wrong with a free market, light handed regulation economy.”
Perhaps because the legal parameters of this particular case extend beyond some ideological politic ax grinding and could impact on many more people and organisations than Mr Blomfield?
Could you ever find yourself disagreeing with Slater or Farrar over anything at all?
“No mention or denial of the revelations published about Blomfields”
The Ministry responded to an OIA request I made saying they spent 114k with Meredith Connell (Crown Lawyers). I was investigated by every government department sometime more than once as a result of Slater and his cohorts laying complaints. Those investigations are now complete. I have filed documents at Court showing that nobody will be taking any further action. What Slater said about me was made up and that is why I’m doing this, to prove that.
Property provided to Slater copied was “stolen”:
The law clearly defines theft according to the crimes act section 219 as taking control of.
If you had an apple, and i took that apple from you. Thats theif because you no longer have the apple.
In slaters case he made a copy. Thats not theif. The definition is quite clear on this point, as Blomfield still has his data.
Property provided to Slater was unlawfully received:
Same reasoning behind the law applies. The law is defined by the goods being transferred.
The data wasn’t transferred, it was copied.
Thus this section isn’t applicable either for the data.
The obvious flaws:
To work around this obvious requirements, you’ve substituted the data with the physical container the hard-drive.
If you want to pursue Slater over the theft of a hard-drive, sure maybe this has grounds to proceed.
Otherwise you’re trying to convict him of a crime that isn’t applicable.
Stealing isn’t the same thing as copyright infringement. That should be painfully clear to anyone in the legal industry.
Accessing computer system for dishonest purpose
This might have some grounds, but without knowing how he came into possession of the data, i feel you have questionable grounds to proceed.
Its also based on if slater acted on “dishonesty”, as otherwise the law doesn’t apply. And such an assumption is also questionable, as he may have felt he was entitled to the data.
Being a media reporter, if he was given the data, its not unreasonable to expect there was no “dishonesty” on his part.
But this is subjective, and i expect no lawyer would be certain on this without it going to court.
But i’d say its in Slaters favour
Accessing computer system without authorisation
This is the only law that i feel has a reasonable chance of actually being unlawful. But again it depends in large on how slater came into possession of the hard-drive.
I think you mean theft. However your interpretation that taking a copy of data is not theft would come as a shock to many people who thought that they owned intellectual property. Specifically creators and publishers of books, music, video, blog posts, and even emails.
I believe that Mr Blomfield doesn’t have his own data. I can’t recall any mention of the documents and disks being returned to him. This is part of the reason that the only parts of the discovery motion in the defamation that Slater was so desperate to fight were all to do with who supplied him access to them.
I think that I described my view of him being a journalist with qualified privilege under the evidence act (what you are groping for with your brand new definition of a “media reporter”) as something like “he isn’t a journalists arsehole”. That is because he appears to be incapable of carrying the responsibilities that come with that role.
However under the 2003 changes to the Crimes Act (as the post points out) merely holding copies of that information without authority is both illegal and doesn’t appear to have any protection for journalists.
I think your opinion about the law hasn’t caught up with the changes made to protect data.
“your interpretation that taking a copy of data is not theft would come as a shock to many people who thought that they owned intellectual property. Specifically creators and publishers of books, music, video, blog posts, and even emails.”
You’re right, it probably would come as a shock.
But the list of professions listed didn’t include lawyers because lawyers (should) understand the law.
As i explained before, theft isn’t copyright, and lawyers should know so.
Calling copyright infringement as theft shows you don’t understand the difference, which is night and day.
Theft requires property to be lost or transferred from one party to another. That is basically the legal definition of theft.
When someone makes a copy, the original party doesn’t lose anything. If nothing is lost, how can there be theft?
We do have protections on what can be copied. We call that copy right, copyright, and its legal right granted to all authors of creative works.
Copyright infringement is the violation of that right in an act or use of material you weren’t authorized to publish/copy.
If you still can’t understand the difference, Google it.
“I think that I described my view of him being a journalist [as he isn’t, so gets no such perks]”
The only way he can be guilty of violating section 249 is if he acted BOTH dishonestly AND without claim of right.
This is very subjective, and has very deep meanings that i’m not well versed enough to resolve. Let alone any precedents i’m unaware of.
But i’ll put it this way, it worked for the vandals of the waihopai spy base. They thought they had claim of right, as they went on a rampage, and the courts agreed.
And even if Slater is deemed not to have claim of right, we go back to “dishonesty”.
Does his belief that hes sees himself a media reporter and its his duty mean he acted honestly?
These are all questions i don’t have the answer to, and my opinion is that anyone who thinks they do and isn’t the presiding judge is probably full of themselves.
“However under the 2003 changes to the Crimes Act (as the post points out) merely holding copies of that information without authority is both illegal and doesn’t appear to have any protection for journalists.”
And if you read what i said, you’d see i said this was the only point that was likely to stick.
“I think your opinion about the law hasn’t caught up with the changes made to protect data.”
Coming from someone who doesn’t know the difference between theft and copyright infringement, that’s a bold statement to make.
It is pretty clear especially when you read Hansard that the Crimes act was extended to cover digital property including the right to hold exclusive control over who could access it.
The only reason I brought up copyright was because you clearly we’re raising it as a false path. However there are rights of township of intellectual property on physical property as well in the Crimes Act.
“The only way he can be guilty of violating section 249 is if he acted BOTH dishonestly AND without claim of right”
Reread the post carefully. Use the links. There is a reason that the author said that they thought Slater was chargeable under at least three of four sections of the crimes act.
The arguments to justify why Cameron isn’t a criminal seem to be the same ones Cameron is currently using to say Kim Dotcom is. Maybe John Key can explain the difference 🙂
Or perhaps Judith could phone a friend…
Bingo, dotcom made more money though, slater’s an amateur in this area.
Some points to note:
(1) The original hard drive was given to the SFO.
(2) Slater posted on his facebook that he was at the SFO on or about the time they got it.
(3) I described the hard drive to the Police as a Western Digital with fading on one side as I had it sitting next to a window.
(4) I then obtained a court order for its return directly to a data lab.
(5) The drive was as described to the police.
It is very easy to make some assumptions and decide that Slater had the original however, I will not be doing that until I have evidence as to that fact. The Police have the means to check these facts.
Above also applies to the physical files.
Lastly what Iprent said re changes to the Crimes Act
Another point of note is that I obtained a hard drive which contained copies of some of my files and on it was video’s of Warren Powell and his kid dated after my last contact with him and before the stories ran on Whaleoil.
I doubt that Slater could be done for copyright infringement. Copyright is protect artistic works and emails certainly aren’t artistic.
Incorrect. Copyright with some variations for particular media automatically covers every written and most other media work from schoolkids essays to blogs except where the copyright is waived in some way. E-mails are also covered.
If that’s true, could Don Brash sue Nicky Hager for copyright infringement?
You’ll note that this post doesn’t mention copyright at all?
There are various rules under copyright about how much you may quote or play from someone elses work (commonly known as “fair use”) with attribution. For instance this is what allows us to quote sections of material published in newspapers.
I know that Nicky Hager is pretty careful about what he publishes to make sure that it conforms to the legal position.
I haven’t looked, but I’d also bet that there are public interest provisions as well.
Don Brash could have (and did) lay a complaint with the police. The problem with emails is that there is at least one recipient and frequently many. My understanding of it is that those recipients have been effectively been given rights to that emails content as well by the sender unless it is explicitly removed by legal waffle in the email (and even that is somewhat legally dubious as there is no agreement by the recipient).
As I understand it, the actual source of the emails where the emails were taken and/or given from was never tied down. So there was no valid complainant. One or more of the valid recipients may have given emails to Nicky Hager and they’d have had a legal right to do so. Which incidentally is what I believe Nicky Hager claims.
That uncertainty about source doesn’t apply in Mr Blomfield’s case as it is clear and admitted by Mr Slater that the material he worked off comes from a copies of material that Mr Blomfield had not given authority to access or copy. It means at the very least at some point that a simple theft of property happened under the 2003 amendments to the Crimes Act.
Mr Slater is at least guilty of receiving stolen goods and probably quite a lot more – as the post says.
Wrong. copyright applies to anything created, not creative.
“Same reasoning behind the law applies. The law is defined by the goods being transferred.
The data wasn’t transferred, it was copied.
Thus this section isn’t applicable either for the data.”
Could you provide your case law in support of this proposition?
I for one am uncomfortable with The Standard being used as a vehicle to litigate a case that’s in the courts.Complainants don’t go to blogs to have their court case discussed while they are still trying to get the case processed through legal means.
No matter how much you may dislike Slater personally, it does this blog no credit by trying to influence the courts.
Everything is stated as fact, whereas none of us have any basis for knowing what is true and what isn’t. Worse, there is no process for having an error, lie or lie by omission corrected.
I love coming here, but I really hope this is the last time you let this happen. I like to think we’re better than that piece of shit over at the Whale boil.
This stinks 🙁
From a blog? You do have a low opinion of high court judges which is where the civil defamation case is currently on appeal.
However if you have a closer look at this post than the very brief glance you gave it, you’ll find that this was all about a criminal case that the author felt should have been pursued by the police. It is a civil case between Slater and Blomfield. So are you saying that the performance of the police shouldn’t scrutinised because of a civil case?
After all the civil case isn’t likely to be over for several years. If I understand your odd position, you’re saying that the police position on a complaint should not scrutinized until then? Seems foolish to me. Not to mention that if they don’t take action on this then it is pretty clear that what the MPs intended back in 2003 (read the Hansard record) is not how the police are interpreting it (except of course when John Key is accidentally taped).
Read the links (took me a while to add them to the submitted unlinked post). All of the material in this post is in the links to the submitted public court documents except for the information about the police response to the complaint against Cameron Slater.
The reason that this is being raised here is because it concerns bloggers, electronic data, police, and the legal position of them all. Are you saying that because this civil case involves all of them that we can’t comment on any of them?
It seems to me that these are exactly the types of issues that should be discussed on a political blog. They all cut to the legal heart of the medium we’re working on. It is a hell of a lot easier to discuss them on a real case rather than a hypothetical. Which is of course why law schools discuss both real cases and current cases. For that matter why politicians do as well. They (like us) are just cautious on what gets discussed.
Unlike our PM I would be surprised to learn that our judges read political online blogs such as WO, TS or kiwiblog.
To my knowledge no one has been prevented from posting the legal argument opposing that proffered in the Opening post? Bazar tried to masquerade as a legal opinion but fell short in a number of quarters BUT was nonetheless a useful piece for discussion of different aspects of copyright and IP.
John Banks’ case has also been widely scrutinised on here, as has the DotCom stuff, do you find those posts offensive too?
I think it’s OK to discuss the case here on the grounds lprent points out, but not sure it’s wise for involved parties to air opinions and views. Every time I have been involved in litigation (as a witness or expert witness) I’ve been under strict instructions to stfu. No good can from it. No chance of managing a judges opinion, no possible upside, but you can certainly piss them off.
That is indeed the downside. You’ll notice that Mr Blomfield has only offered clarifications to queries or what can readily be perceived as queries. Most of this is material that has been offered up in court in public view of the media. For instance as in this article in the mornings herald on sunday – http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=11208097
It is also why I’ve never met or talked to Mr Blomfield or Mr Slater about this case. I’m not that interested in spending time in court testifying.
Everything with Mr Blomfield has been over email and generally sticks to the topic of making the posts readable or clarifying some points.
I have offered my personal opinions on Cameron Slater and his work as a blogger. However that is hardly public news – you only have to read my posts and comments on him to find that out. Anyone who wants to put that into evidence is welcome to do so.
Ah the stfu approach to getting to the truth of the matter.
Mr Blomfield is a big boy, I am sure he has weighed up the pros and cons of posting anything. If he hasn’t then he will suffer the consequences, no one else.
If the Police decided to charge Slater it would be their Court case not mine. I have limited my disclosure of details relating to the defamation case and will continue to do so. This is a opinion that was given to me from an individual who was surprised that the Police never charged Slater. I myself am pretty light when it comes to criminal law.
So… that’ll mean Three Strikes?
Hmmmm…
Not quite what the Right had in mind when they passed that piece of legislation, I’m sure.
Only three strikes based on the imprisonment length of the third offence, yes?
Three strikes only applies to violent offences.
PS: on the other hand, it could be successfully argued that being Cameron Slater is a violent offence.
@ One Anonymous Bloke…
Heh heh heh…
DomPost quoting John Edwards.
John Key’s mate isn’t a journalist. He has this material illegally. I can’t see any benign reason for him to make a copy. In fact he freely admits his malice.
I think John Key should phone him up and get him to do the right thing.
Hybris is wating for slater and I reckon it cant be that far away.
he plays fast and loose with all the laws of this country and soon enough he will trip up.
although its hard to trip up a slug being as they are so low to the ground.
maybe just a good spray of raid.
The author of this post is giving legal advice. What are his qualifications for doing so?
[lprent: I can see where you’re heading.
It is someone that knows how to read legislation. That could be anyone from a law student to me to a QC. It is completely irrelevant because there is no client relationship between the readers of this site and whoever it is. Basically you’re as usual simply full of stupid unthinking and pig-ignorant insinuation without bothering to explicitly describe what you are trying to say. It irritates me.
Furthermore Mr Blomfield has no-one acting for him as legal representation. He is representing himself. You could have just read the post.
and
Which is approximately the reason I’ve been assisting by bringing the questions incurred by Mr Slater’s arsehole behaviour as a blogger to more public attention.
There are different rules when I’m moderating and forced to answer questions directed into the ether and therefore aimed at the site and myself. Banned for 4 weeks for being too coy to say directly what you mean, 4 weeks for asking a question that was clearly in the post, and 4 weeks for wasting my time answering your silly question. Lets call it the 19th of May ]
who is he giving advice to?
reads like an analysis to me.