It’s not stolen – I just borrowed it without asking
Written By:
- 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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How mad is National's obsession with roads? One of their pet projects - a truck highway to Whangārei - is going to eat 10% of our total infrastructure budget for the next 25 years: Official advice from the Infrastructure Commission shows the government could be set to spend 10 ...7 days ago
- Our transport planning system is fundamentally broken
Ever since Wayne Brown became mayor (nearly two years ago now) he’s been wanting to progress an “integrated transport plan” with the government – which sounded a lot like the previous Auckland Transport Alignment Project (ATAP) with just a different name. It seems like a fair bit of work progressed ...1 week ago
- Thou Shalt Not Steal
And they taught usWhoa-oh, black woman, thou shalt not stealI said, hey, yeah, black man, thou shalt not stealWe're gonna civilise your black barbaric livesAnd we teach you how to kneelBut your history couldn't hide the genocideThe hypocrisy to us was realFor your Jesus said you're supposed to giveThe oppressed ...1 week ago - How mismanagement, not wind and solar energy, causes blackouts
This is a re-post from Yale Climate Connections In February 2021, several severe storms swept across the United States, culminating with one that the Weather Channel unofficially named Winter Storm Uri. In Texas, Uri knocked out power to over 4.5 million homes and 10 million people. Hundreds of Texans died as a ...1 week ago
- The ‘Infra Boys’ Highway to Budget Hell
Chris Bishop has enthusiastically dubbed himself and Simeon Brown “the Infra Boys”, but they need to take note of the sums around their roading dreams. Photo: Lynn GrievesonMōrena. Long stories short, here’s my top six things to note in Aotearoa’s political economy around housing, climate and poverty on Tuesday, September ...1 week ago - Media Link: “AVFA” on the politics of desperation.
In this podcast Selwyn Manning and I talk about what appears to be a particular type of end-game in the long transition to systemic realignment in international affairs, in which the move to a new multipolar order with different characteristics … Continue reading ...1 week ago - The cost of flying blind
Just over two years ago, when worries about immediate mass-death from covid had waned, and people started to talk about covid becoming "endemic", I asked various government agencies what work they'd done on the costs of that - and particularly, on the cost of Long Covid. The answer was that ...1 week ago
- Seymour vs The Clergy
For paid subscribers“Aotearoa is not as malleable as they think,” Lynette wrote last week on Homage to Simeon Brown:In my heart/mind, that phrase ricocheted over the next days, translating out to “We are not so malleable.”It gave me comfort. I always felt that we were given an advantage in New ...1 week ago - Unstoppable Minister McKee
All smiles, I know what it takes to fool this townI'll do it 'til the sun goes downAnd all through the nighttimeOh, yeahOh, yeah, I'll tell you what you wanna hearLeave my sunglasses on while I shed a tearIt's never the right timeYeah, yeahSong by SiaLast night there was a ...1 week ago - Could outdoor dining revitalise Queen Street?
This is a guest post by Ben van Bruggen of The Urban Room,.An earlier version of this post appeared on LinkedIn. All images are by Ben. Have you noticed that there’s almost nowhere on Queen Street that invites you to stop, sit outside and enjoy a coffee, let alone ...1 week ago
- Hipkins challenges long-held Labour view Government must stay below 30% of GDP
Hipkins says when considering tax settings and the size of government, the big question mark is over what happens with the balance between the size of the working-age population and the growing number of Kiwis over the age of 65. Photo: Lynn Grieveson / The KākāMōrena. Long stories short; here’s ...1 week ago - Your invite to Webworm Chat (a bit like Reddit)
Hi,One of the things I love the most about Webworm is, well, you. The community that’s gathered around this lil’ newsletter isn’t something I ever expected when I started writing it four years ago — now the comments section is one of my favourite places on the internet. The comments ...1 week ago
- Release: Sentencing package misses the mark by a mile
Sentencing policy announced by Minister Paul Goldsmith today is anything but new, merely window dressing to make up for backwards violent crime statistics under the National Government. ...2 hours ago - Release: Seymour’s Ministry of Double Standards
David Seymour doesn’t stick to his own standards of good regulation despite having a multimillion-dollar vanity ministry set up to do so. ...2 hours ago
- Release: Labour Leader to travel to UK
Labour Leader Chris Hipkins will travel to the United Kingdom this week to attend the annual UK Labour Party conference in Liverpool and meet with members of the new Labour Government. ...2 hours ago
- Govt Warned – Increasing Snapper Quota Breaches Fisheries Settlement
An imminent decision to increase the total allowable commercial catch (TACC) for snapper would be a direct violation of the first-ever Treaty Settlement and inevitably breach Te Tiriti o Waitangi, says Te Pāti Māori. Te Ohu Kaimoana has sought a High Court declaration to prevent the Minister of Oceans and ...18 hours ago
- Govt attacks workers’ rights once again
Today’s announcement from the Minister of Workplace Relations emphasises how deep in the pocket of big business this Government really is. ...2 days ago - Release: Māori business not a priority for this Govt
Scrapping the Progressive Procurement programme designed to support and grow Māori businesses is a missed opportunity. ...2 days ago
- Release: March 15 inquiry grants cut by Government
Justice Minister Paul Goldsmith has cut grants helping overseas family of victims to attend the next phase of the Coronial Inquiry into the 15 March 2019 Christchurch Masjidain Attack. ...2 days ago
- Minister of Injustice seeks to Entrench largest land confiscation in History
The Waitangi Tribunal has released an Urgent Report on the Government’s proposed amendments to the Takutai Moana Act 2011. The report calls out Paul Goldsmith’s proposal for what it is: a “gross breach of the Treaty” and an “illegitimate exercise of kāwanatanga”. The Tribunal is recommending the Crown step down ...4 days ago
- Takutai Moana changes another assault on Te Tiriti
The Government must abandon its Marine and Coastal Area (Takutai Moana) Act interventions after the Waitangi Tribunal found it was committing gross breaches of the Treaty. ...4 days ago
- Greens call on Govt to leave Te Reo in schools alone
As Te Wiki o te Reo Māori approaches, the Government is considering deprioritising teaching Te Reo Māori in our schools. ...4 days ago
- Govt cannot ignore racism
The Government’s directive to the public service to ignore race is nothing more than a dog whistle and distraction from the structural racism we need to address. ...4 days ago
- Release: Lemauga Lydia Sosene to take medical leave
Labour’s Mangere MP Lemauga Lydia Sosene has been diagnosed with breast cancer and will shortly take medical leave. ...4 days ago
- Potential intelligence sharing with Israel must be investigated
Concerns have been raised that our spy arrangements may mean that intelligence is being shared between Aotearoa and Israel. An urgent inquiry must be launched in response to this. ...5 days ago
- Release: Charter schools undermine our education system
The Government is taking a wrecking ball to our public education system by reinstating charter schools. ...5 days ago
- Youngest MP to travel to Canada to accept Politician of the Year Award
Aotearoa’s Youngest Member of Parliament, and Te Pāti Māori MP, Hana-Rawhiti Maipi-Clarke, will travel to Montreal to accept the One Young World Politician of the Year Award next week. The One Young World Politician of the Year Award was created in 2018 to recognise the most promising young politicians between ...5 days ago
- Greens celebrate huge step forward for ADHD community
The Greens welcome today’s long-coming announcement by Pharmac of consultation to remove the special authority renewal criteria for methylphenidate, dexamfetamine and modafinil and to fund lisdexamfetamine. ...5 days ago
- Release: Millions to be spent dividing NZ for no reason
The National Party is wasting millions of dollars allowing David Seymour’s Treaty Principals Bill to be drafted and go to Select Committee. ...5 days ago
- Release: New Zealanders departing our shores at a record rate
The Migration figures released by Stats NZ today show National is continuing to drive Kiwis away from New Zealand in record numbers. ...5 days ago
- Te Tai Tokerau MP Slams Govt Overreach in Scrapping Māori Wards
Mema Paremata for Te Tai Tokerau, Mariameno Kapa-Kingi, has reflected on the decisions made by the councils of the North amidst the government’s push to remove Māori Wards and weaken mana whenua representation. “Actions taken by the Kaipara District Council to remove Māori Wards are the embodiment of the eradication ...5 days ago
- Govt already seeking advice on Treaty referendum
On one hand, the Prime Minister has assured Aotearoa that his party will not support the Treaty Principles Bill beyond first reading, but on the other, his Government has already sought advice on holding a referendum on our founding document. ...6 days ago
- Release: Aged care will be worse off if redesign rushed
New Zealanders needing aged care support and the people who care for them will be worse off if the Government pushes through a flawed and rushed redesign of dementia and aged care. ...6 days ago
- Release: Govt fails hundreds of workers as mills close
Labour is devastated at news hundreds of workers are set to lose their jobs following the closure of Winstone Pulp mills. ...6 days ago
- Job losses from mill closures consequence of Govt inaction
Hundreds of jobs lost as a result of pulp mill closures in the Ruapehu District are a consequence of government inaction in addressing the shortfalls of our electricity network. ...7 days ago
- Ngarewa-Packer devastated for Ruapehu following WPI closure
Te Pāti Māori Co-Leader and MP for Te Tai Hauāuru is devastated for the Ruapehu community following today’s decision to close two Winstone Pulp mills. “My heart goes out to all the workers, their whānau, and the wider Ruapehu community affected by the closure of Winstone Pulp International,” said Ngarewa-Packer. ...1 week ago
- Release: Cabinet should stop the Treaty Principles Bill
National Party Ministers have a majority in Cabinet and can stop David Seymour’s Treaty Principles Bill, which even the Prime Minister has described as “divisive and unhelpful.” ...1 week ago
- Release: Staff gagged to keep fast track list secret
The National Government is so determined to hide the list of potential projects that will avoid environmental scrutiny it has gagged Ministry for the Environment staff from talking about it. ...1 week ago
- Release: Labour challenges Te Whatu Ora gag orders
Labour has complained to the Te Kawa Mataaho Public Service Commission about the high number of non-disclosure agreements that have effectively gagged staff at Te Whatu Ora Health NZ from talking about anything relating to their work. ...1 week ago
- Greens call on Treaty Principles Bill to be abandoned after letter from Christian leaders
The Green Party is once again urging the Prime Minister to abandon the Treaty Principles Bill as a letter from more than 400 Christian leaders calls for the proposed legislation to be dropped. ...1 week ago
- Sign the petition: Keep military-style firearms off our streets
Help us tell the Government that reintroducing military-style firearms should not be up for debate. ...1 week ago
- Vast majority of councils support Māori wards
Councils across the country have now decided where they stand regarding Māori wards, with a resounding majority in favour of keeping them in what is a significant setback for the Government. ...2 weeks ago
- Release: Government on the wrong side of Māori wards
The National-led government has been given a clear message from the local government sector, as almost all councils reject the Government’s bid to treat Māori wards different to other wards. ...2 weeks ago
- Release: Labour congratulates Kuīni Ngā Wai hono i te po Paki
The Labour Party congratulates Kuīni Ngā Wai hono i te po Paki on being crowned as the eighth Te Ariki Nui – head of Te Kiingitanga. ...2 weeks ago
- Green Party welcomes new Maaori Kuiini
The Green Party welcomes the coronation of the new Maaori Kuiini, Te Arikinui Nga Wai Hono i te Po, today in Turangawaewae. ...2 weeks ago
- ECE teachers deserve better than this Government
The Green Party is unsurprised but disappointed by today’s announcement from the Government that will see our Early Childhood Centre teachers undermined and pay parity pushed further out of reach. ...2 weeks ago
- Urgent intervention needed on supermarkets
The Green Party is calling on the Government to intervene in the supermarket duopoly dominating our supply of groceries following today’s report from the Commerce Commission. ...2 weeks ago
- Release: Rainbow youth neglected in mental health funding
Labour backs the call from The Rainbow Support Collective members for mental health funding specifically earmarked for grassroots and peer led community organisations to be set up in a way that they are able to access. ...2 weeks ago
- Release: Transport in NZ has to be more than just roads
As expected, the National Land Transport Programme lacks ambition for our cities and our country’s rail network and puts the majority of investment into roads. ...2 weeks ago
- Speech: Barbara Edmonds Building Nations 2024
Tēnā koutou katoa, Thank you for your warm welcome and for having my colleagues and I here today. Earlier you heard from the Labour Leader, Chris Hipkins, on our vision for the future of infrastructure. I want to build on his comments and provide further detail on some key elements ...2 weeks ago
- Govt transport plan deepens fossil fuel fix
The Green Party says the Government’s new National Land Transport Programme marks another missed opportunity to take meaningful action to fight the climate crisis. ...2 weeks ago
- Greens call for public to back Wrybill in BOTY and beyond
The Green Party is calling on the public to support the Ngutu Pare Wrybill not just in this year’s Bird of the Year competition but also in pushing back against policies that could lead to the destruction of its habitat and accelerate its extinction. ...2 weeks ago
- Enabling rural recovery works in Hawke’s Bay
Cabinet has approved an Order in Council to enable severe weather recovery works to continue in the Hawke’s Bay, Environment Minister Penny Simmonds and Minister for Emergency Management and Recovery Mark Mitchell say. “Cyclone Gabrielle and the other severe weather events in early 2023 caused significant loss and damage to ...16 mins ago - FamilyBoost childcare payment registrations open
From today, low-to-middle-income families with young children can register for the new FamilyBoost payment, to help them meet early childhood education (ECE) costs. The scheme was introduced as part of the Government’s tax relief plan to help Kiwis who are doing it tough. “FamilyBoost is one of the ways we ...38 mins ago
- Prioritising victims with tougher sentences
The Government has today agreed to introduce sentencing reforms to Parliament this week that will ensure criminals face real consequences for crime and victims are prioritised, Justice Minister Paul Goldsmith says. "In recent years, there has been a concerning trend where the courts have imposed fewer and shorter prison sentences ...17 hours ago
- Targets data confirms rise in violent crime
The first quarterly report on progress against the nine public service targets show promising results in some areas and the scale of the challenge in others, Prime Minister Christopher Luxon says. “Our Government reinstated targets to focus our public sector on driving better results for New Zealanders in health, education, ...18 hours ago
- Asia Foundation Board appointments announced
Foreign Minister Winston Peters has announced the appointments of Hone McGregor, Professor David Capie, and John Boswell to the Board of the Asia New Zealand Foundation. Bede Corry, Secretary of Foreign Affairs and Trade, has also been appointed as an ex-officio member. The new trustees join Dame Fran Wilde (Chair), ...21 hours ago
- Endeavour Fund projects for economic growth
New Zealand’s largest contestable science fund is investing in 72 new projects to address challenges, develop new technology and support communities, Science, Innovation and Technology Minister Judith Collins says. “This Endeavour Fund round being funded is focused on economic growth and commercial outputs,” Ms Collins says. “It involves funding of more ...1 day ago
- Social Services Providers Whakamanawa National Conference 16 September 2024
Thank you for the introduction and the invitation to speak to you here today. I am honoured to be here in my capacity as Minister for the Prevention of Family and Sexual Violence, and Minister for Children. Thank you for creating a space where we can all listen and learn, ...1 day ago
- Parihaka infrastructure upgrades funded
The Government will provide a $5.8 million grant to improve water infrastructure at Parihaka in Taranaki, Regional Development Minister Shane Jones and Māori Development Minister Tama Potaka say. “This grant from the Regional Infrastructure Fund will have a multitude of benefits for this hugely significant cultural site, including keeping local ...1 day ago
- Serious assaults down 22% in Auckland CBD
Cross-government action to tackle crime and antisocial behaviour in Auckland is getting traction, says Police Minister Mark Mitchell. “Our central cities should be great places to live and work, but in recent years they have become hot spots for crime and anti-social behaviour. In Auckland, businesses and residents suffered as ...2 days ago
- Increased certainty for contractors coming
Workplace Relations and Safety Minister Brooke van Velden says upcoming changes to the Employment Relations Act will provide greater certainty for contractors and businesses. “These changes to legislation are necessary to ensure businesses and workers have more clarity from the start of their contracting arrangement. It is an ACT-National coalition ...2 days ago
- Draft critical minerals list released for consultation
A draft list of minerals deemed essential to New Zealand’s economy and strengthening its mineral resilience has been released for consultation, Resources Minister Shane Jones says. The draft Critical Minerals List identifies 35 minerals essential to economic functions, are in demand internationally, and face high risk of supply disruption domestically ...2 days ago
- Government eliminates $190 million in trade barriers to boost the economy
The Government has successfully removed trade barriers affecting nearly $190 million worth of exports to help grow the economy, Minister for Trade and Agriculture Todd McClay today announced. “In the past year, we have resolved 14 Non Tariff Barriers (NTBs), returning significant value to kiwi exporters. These efforts directly boost our ...2 days ago
- Reo Māori the ‘beating heart’ of Aotearoa New Zealand
From private business to the Paris Olympics, reo Māori is growing with the success of New Zealanders, says Minister for Māori Development Tama Potaka. “I’m joining New Zealanders across the country in celebrating this year’s Te Wiki o te Reo Māori – Māori Language Week, which has a big range ...3 days ago
- Need and value at forefront of public service delivery
New Cabinet policy directives will ensure public agencies prioritise public services on the basis of need and award Government contracts on the basis of public value, Minister for the Public Service Nicola Willis says. “Cabinet Office has today issued a circular to central government organisations setting out the Government’s expectations ...4 days ago
- Minister to attend Police Ministers Council Meeting
Police Minister Mark Mitchell will join with Australian Police Ministers and Commissioners at the Police Ministers Council meeting (PMC) today in Melbourne. “The council is an opportunity to come together to discuss a range of issues, gain valuable insights on areas of common interest, and different approaches towards law enforcement ...4 days ago
- New Bill to crack down on youth vaping
The coalition Government has introduced legislation to tackle youth vaping, Associate Health Minister Casey Costello announced today. “The Smokefree Environments and Regulated Products Amendment Bill (No 2) is aimed at preventing youth vaping. “While vaping has contributed to a significant fall in our smoking rates, the rise in youth vaping ...5 days ago
- Interest in agricultural and horticultural products regulatory review welcomed
Regulation Minister David Seymour, Environment Minister Penny Simmonds, and Food Safety Minister Andrew Hoggard have welcomed interest in the agricultural and horticultural products regulatory review. The review by the Ministry for Regulation is looking at how to speed up the process to get farmers and growers access to the safe, ...5 days ago
- Bill to allow online charity lotteries passes first reading
Minister of Internal Affairs Brooke van Velden says the Government is moving at pace to ensure lotteries for charitable purposes are allowed to operate online permanently. Charities fundraising online, such as those run by the Heart Foundation, Coastguard NZ, Auckland Rescue Helicopter Trust and local hospices will continue to do ...5 days ago
- Tax exempt threshold changes to benefit startups
Technology companies are among the startups which will benefit from increases to current thresholds of exempt employee share schemes, Science, Innovation and Technology Minister Judith Collins and Revenue Minister Simon Watts say. Tax exempt thresholds for the schemes are increasing as part of the Taxation (Annual Rates for 2024-25, Emergency ...5 days ago
- Getting the healthcare you need, when you need it
The path to faster cancer treatment, an increase in immunisation rates, shorter stays in emergency departments and quick assessment and treatments when you are sick has been laid out today. Health Minister Dr Shane Reti has revealed details of how the ambitious health targets the Government has set will be ...5 days ago
- Targeted supports to accelerate reading
The coalition Government is delivering targeted and structured literacy supports to accelerate learning for struggling readers. From Term 1 2025, $33 million of funding for Reading Recovery and Early Literacy Support will be reprioritised to interventions which align with structured approaches to teaching. “Structured literacy will change the way children ...5 days ago
- Survivors invited to Abuse in Care national apology
With two months until the national apology to survivors of abuse in care, expressions of interest have opened for survivors wanting to attend. “The Prime Minister will deliver a national apology on Tuesday 12 November in Parliament. It will be a very significant day for survivors, their families, whānau and ...5 days ago
- Rangatahi inspire at Ngā Manu Kōrero final
Ehara taku toa i te toa takitahi, engari he toa takitini kē - My success is not mine alone but is the from the strength of the many. Aotearoa New Zealand’s top young speakers are an inspiration for all New Zealanders to learn more about the depth and beauty conveyed ...5 days ago
- Driving structured literacy in schools
The coalition Government is driving confidence in reading and writing in the first years of schooling. “From the first time children step into the classroom, we’re equipping them and teachers with the tools they need to be brilliant in literacy. “From 1 October, schools and kura with Years 0-3 will receive ...6 days ago
- Labour’s misleading information is disappointing
Labour’s misinformation about firearms law is dangerous and disappointing, Associate Justice Minister Nicole McKee says. “Labour and Ginny Andersen have repeatedly said over the past few days that the previous Labour Government completely banned semi-automatic firearms in 2019 and that the Coalition Government is planning to ‘reintroduce’ them. ...6 days ago
- Govt takes action on mpox response, widens access to vaccine
The Government is taking immediate action on a number of steps around New Zealand’s response to mpox, including improving access to vaccine availability so people who need it can do so more easily, Health Minister Dr Shane Reti and Associate Health Minister David Seymour announced today. “Mpox is obviously a ...6 days ago
- Next steps agreed for Treaty Principles Bill
Associate Justice Minister David Seymour says Cabinet has agreed to the next steps for the Treaty Principles Bill. “The Treaty Principles Bill provides an opportunity for Parliament, rather than the courts, to define the principles of the Treaty, including establishing that every person is equal before the law,” says Mr Seymour. “Parliament ...6 days ago
- Government unlocking potential of AI
Science, Innovation and Technology Minister Judith Collins today announced a programme to drive Artificial Intelligence (AI) uptake among New Zealand businesses. “The AI Activator will unlock the potential of AI for New Zealand businesses through a range of support, including access to AI research experts, technical assistance, AI tools and resources, ...6 days ago
- Government releases Wairoa flood review findings
The independent rapid review into the Wairoa flooding event on 26 June 2024 has been released, Environment Minister Penny Simmonds, Local Government Minister Simeon Brown and Emergency Management and Recovery Minister Mark Mitchell announced today. “We welcome the review’s findings and recommendations to strengthen Wairoa's resilience against future events,” Ms ...6 days ago
- Promoting faster payment times for government
The Government is sending a clear message to central government agencies that they must prioritise paying invoices in a timely manner, Small Business and Manufacturing Minister Andrew Bayly says. Data released today promotes transparency by publishing the payment times of each central government agency. This data will be published quarterly ...6 days ago
- Acknowledgement to Kīngi Tuheitia speech
E te māngai o te Whare Pāremata, kua riro māku te whakaputa i te waka ki waho moana. E te Pirimia tēnā koe.Mr Speaker, it is my privilege to take this adjournment kōrero forward. Prime Minister – thank you for your leadership. Taupiri te maunga Waikato te awa Te Wherowhero ...7 days ago
- Interim fix to GST adjustment rules to support businesses
Inland Revenue can begin processing GST returns for businesses affected by a historic legislative drafting error, Revenue Minister Simon Watts says. “Inland Revenue has become aware of a legislative drafting error in the GST adjustment rules after changes were made in 2023 which were meant to simplify the process. This ...7 days ago
- Strong uptake for cervical screening self-test
More than 80 per cent of New Zealand women being tested have opted for a world-leading self-test for cervical screening since it became available a year ago. Minister of Health Dr Shane Reti and Associate Minister Casey Costello, in her responsibility for Women’s Health, say it’s fantastic to have such ...7 days ago
- Ministry for Regulation’s first Strategic Intentions document sets ambitious direction
Regulation Minister David Seymour welcomes the Ministry for Regulation’s first Strategic Intentions document, which sets out how the Ministry will carry out its work and deliver on its purpose. “I have set up the Ministry for Regulation with three tasks. One, to cut existing red tape with sector reviews. Two, ...7 days ago
- Māori Education Advisory Group established
The Education Minister has established a Māori Education Ministerial Advisory Group made up of experienced practitioners to help improve outcomes for Māori learners. “This group will provide independent advice on all matters related to Māori education in both English medium and Māori medium settings. It will focus on the most impactful ways we can lift ...7 days ago
- Government welcomes findings of NZ Superannuation Fund review
The Government has welcomed the findings of the recent statutory review into the Guardians of New Zealand Superannuation and the New Zealand Superannuation Fund, Minister of Finance Nicola Willis says. The 5-yearly review, conducted on behalf of Treasury and tabled in Parliament today, found the Guardians of New Zealand Superannuation ...7 days ago
- First of five new Hercules aircraft takes flight
Defence Minister Judith Collins today welcomed the first of five new C-130J-30 Hercules to arrive in New Zealand at a ceremony at the Royal New Zealand Air Force’s Base Auckland, Whenuapai. “This is an historic day for our New Zealand Defence Force (NZDF) and our nation. The new Hercules fleet ...1 week ago
- Have your say on suicide prevention
Today, September 10 is World Suicide Prevention Day, a time to reflect on New Zealand’s confronting suicide statistics, Mental Health Minister Matt Doocey says. “Every death by suicide is a tragedy – a tragedy that affects far too many of our families and communities in New Zealand. We must do ...1 week ago
- Action to grow the rural health workforce
Scholarships awarded to 27 health care students is another positive step forward to boost the future rural health workforce, Associate Health Minister Matt Doocey says. “All New Zealanders deserve timely access to quality health care and this Government is committed to improving health outcomes, particularly for the one in five ...1 week ago
- Pharmac delivering more for Kiwis following major funding boost
Associate Health Minister with responsibility for Pharmac David Seymour has welcomed the increased availability of medicines for Kiwis resulting from the Government’s increased investment in Pharmac. “Pharmac operates independently, but it must work within the budget constraints set by the Government,” says Mr Seymour. “When our Government assumed office, New ...1 week ago
- The cost of being: A public servant with a six-month-old baby and a quality coffee habit
As part of our series exploring how New Zealanders live and our relationship with money, a working parent shares the ins and outs of her finances. Want to be part of The Cost of Being? Fill out the questionnaire here. Gender: Female Age: 32 Ethnicity: NZ European Role: Principal adviser in ...46 mins ago - The internet is worse than it used to be. How did we get here, and can we go back?
Source: The Conversation (Au and NZ) – By Marc Cheong, Senior Lecturer of Information Systems, School of Computing and Information Systems; and (Honorary) Senior Fellow, Melbourne Law School, The University of Melbourne Two Pixel/Shutterstock When it comes to our experience of the internet, “the times, they are a-changin’”, as ...1 hour ago - Global powers are grappling with ‘responsible’ use of military AI. What would that look like?
Source: The Conversation (Au and NZ) – By Zena Assaad, Senior Lecturer, School of Engineering, Australian National University Air Force Tech. Sgt. Teri Eicher Last week, some 2,000 government officials and experts from around the world met for the REAIM (Responsible Artificial Intelligence in the Military Domain) summit in ...1 hour ago
- Democraticising stocks: At 33, Brooke Roberts leads an investment platform valued at $500 million
At 33, Brooke Roberts leads a $500m investment platform. She believes if you have $5 to invest, you should have the same choices. ...2 hours ago - New data reveals rates of family violence among those who died by suicide
Source: The Conversation (Au and NZ) – By Kate Fitz-Gibbon, Professor (Practice), Faculty of Business and Economics, Monash University, Monash University Shutterstock Domestic, family and sexual violence is rightly recognised as a national crisis. While the evidence base has built significantly in recent years, one important missing piece ...2 hours ago
- How perpetrators of domestic violence use drugs and alcohol to control their victims
Source: The Conversation (Au and NZ) – By Cathy Humphreys, Professor of Social Work, The University of Melbourne panitanphoto/Shutterstock At least three decades of research on the intersection of substance use with domestic and family violence consistently shows the frequency, severity and impact of violence increases in the context ...2 hours ago
- ‘Pirate birds’ force other seabirds to regurgitate fish meals. Their thieving ways could spread ...
Source: The Conversation (Au and NZ) – By Simon Gorta, PhD Candidate in ecology, UNSW Sydney Skuas chase a gannet to force it to regurgitate its meal Bob Brewer/Unsplash, CC BY-NC-ND It’s not easy finding food at sea. Seabirds often stay aloft, scanning the churning waters for elusive prey. Most ...2 hours ago
- Are kiwi and moa recent immigrants from Australia? Neither fossils nor genetic evidence support the ...
Source: The Conversation (Au and NZ) – By Nic Rawlence, Associate Professor in Ancient DNA, University of Otago Marty Melville/AFP/Getty Images Aotearoa New Zealand is a land of birds, from the smallest of wrens to the mightiest of moa. The ancestors of some species have been here for tens ...2 hours ago
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Source: The Conversation (Au and NZ) – By Rachel Ong ViforJ, ARC Future Fellow & Professor of Economics, Curtin University Bricolage/Shutterbox For many Australians, the family home is their largest financial asset. With an increasing variety of ways to tap into home equity, the temptation to access this wealth ...2 hours ago
- Are credit checks for ‘buy now, pay later’ schemes enough?
Providers like Afterpay don’t have to carry out affordability tests and were recently allowed to set fees at whatever level they like, writes Stewart Sowman-Lund in this extract from The Bulletin. To receive The Bulletin in your inbox every weekday morning, sign up here. ...3 hours ago
- Nursing jobs ‘ghosted’ as Health NZ cuts costs
Te Whatu Ora insists recruitment has continued, but staff say their colleagues aren't being replaced. ...3 hours ago
- Live: Focus on Government law and order efforts
Prime Minister Christopher Luxon can't put a timeframe on when law and order policies will start to reduce the number of victims. ...3 hours ago
- Victims advocate urges frontline investment after increasing violence statistics
It's a stark reversal of the government's goal: 20,000 fewer victims by 2030. ...4 hours ago
- The social media app you forgot about is on every kid’s phone
With nearly 95% of young New Zealanders using Snapchat, staff writer Lyric Waiwiri-Smith looks back at the rise and fall and rise of the yellow app. It is a truth universally acknowledged, that each new generation to possess a smartphone will believe the technology habits of their elders are too ...5 hours ago
- Windbag: How Wellington’s bike network has grown, in three maps
Few cities have ever attempted to build a connected cycling network this quickly. Windbag is The Spinoff’s Wellington issues column, written by Wellington editor Joel MacManus. It’s made possible thanks to the support of The Spinoff Members. Wellington’s cycleway debate is an interminable bore. We’ve had the same mind-numbing arguments ...5 hours ago
- Bipartisan support for constitutional change to Parliament
Years of work spanning three governments has produced a significant reform for Parliament with support from both National and Labour The post Bipartisan support for constitutional change to Parliament appeared first on Newsroom. ...5 hours ago - ‘Cognitive dissonance’ over social services cuts
Social services providers mix frustration over government funding cuts with optimism that they can weather the storm The post ‘Cognitive dissonance’ over social services cuts appeared first on Newsroom. ...5 hours ago
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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.