Key’s reputation and the law

Written By: - Date published: 12:01 pm, September 15th, 2014 - 26 comments
Categories: accountability, john key, law, Spying - Tags: , , , , ,

An interesting article by lawyer Steven Price at Media Law Journal. Some extracts quoted, but well worth going and reading the full article:

Some questions for the PM

I’m struggling to find the provisions in NZ’s policy about the classification of documents that allow the PM to declassify documents for the purpose of protecting his reputation (his word, not mine, on Morning Report this morning). Perhaps the PM could help me out here.

The PM has said he would declassify documents to prove he stopped a mass surveillance proposal, in response to criticisms by journalist Glenn Greenwald (and, it seems, whistleblower Edward Snowden).

A few other questions spring to mind:

Why were these documents classified in the first place, and who by? What was the security classification?

If they were classified secret or top secret, what was the “serious” or “exceptionally grave” damage to our security operations that would have been caused if we’d known about them, say, at the time we were debating the proper content of our spy laws?  …

Who is directing the reclassification? Because it sounds like the PM is ordering it.  …

So what’s the PM doing making this call? Hasn’t he always told us that operational decisions are the domain of the agencies themselves? (And isn’t his office under investigation for rapidly having SIS information declassified and released to Cameron Slater?)

If the PM is making this decision, is protecting his own reputation a proper consideration? …

Go and read the whole article at Media Law Journal.

26 comments on “Key’s reputation and the law ”

  1. Gruntie 1

    More evidence that what is happening in NZ right now is a democratic constitutional crisis Key is out of control, he has to go, and our Fourth Estate need to front up and call it – help our citizens understand

    • aerobubble 1.1

      Key clearly does not want to understand the mistakes he has made, and the mob that he has blown up targeting him. He was in denial, now he’s moved into negotiation.

      Here’s the documents proving a negative says Key on Morning report.

      The problem is that he admits to believing in mass surveillance, and coupled with his association with Slater, he does not understand the threat to the nation state he himself has become.

  2. Wayne 2

    Interesting questions by Steven Price, but they seem to be operating in a parallel universe.

    If there is a major allegation that the NZ’ers are subject to mass surveillance, which is backed by documents, and that the PM has lied about that, surely it is reasonable that the PM be able to release documents that would refute such allegations (at least to the extent that does not compromise sources, etc).

    The allegations, which are serious and which go so directly to both the integrity of the PM and the security services, so it seems appropriate that the PM ought to be able to properly rebut them.

    The alternative would mean that people could say the assertions by Glenn Greenwald are obviously true, because the PM is not allowed to rebut them except by his own say so.

    How many people who regularly comment on this site would accept the PM’s statements without supporting documents?

    • aerobubble 2.1

      To refute Greenwald, and then in some way exonerate Key, you would need to disprove the Snowden documents. Good luck with that.

    • One Anonymous Bloke 2.2

      The Prime Minister already lied to the country during the debate over the bill.

      Are you such a fool as to trust his further assurances, Dr. Mapp?

      • Wayne 2.2.1

        One Anonymous Bloke,

        In a sense you prove my point. It is the ability of the PM to release documents that matters.

        The Snowden documents might be accurate as far as they go (or at least that is what the PM is saying). But the Snowden documents are limited, in that only cover a snapshot in time. If the government did not proceed after the time period of the Snowden documents, then Snowden and Greenwald would not know that.

        And given that Rebecca Kitterridge has been all over this, it would be a “brave” soul who would suggest she would not tell the truth.

        • One Anonymous Bloke 2.2.1.1

          Are you auditioning for a play? Dr. Mapp and the Red Herrings. A rock band perhaps?

          The Prime Minister’s integrity is at stake you said. He doesn’t have any, or why did he lie to the nation during the GCSB bill debate.

          Stop trying to smear Rebecca Kitteridge: the Prime Minister stains the National Party and its associates, not her.

          • Anne 2.2.1.1.1

            Dr. Mapp and the Red Herrings.

            My instant response too. Wayne, you might be able to fool the sheeple among out population, but don’t play those silly games with us.

            • yeshe 2.2.1.1.1.1

              Dr Mapp and the Red Herrings .. playing now at a microfiche and silicon chip shop near you !

              solid gold OAB.

        • Macro 2.2.1.2

          When government’s break the law they need to be held accountable – just like everyone else; and the Ministers and officials who are supposed to make sure they don’t, need to lose their jobs. That is the principle at stake here, nothing else.

        • KJT 2.2.1.3

          Why? We already know Key is a liar. Doesn’t seem to affect those who vote for him too much. Which says something rather unpleasant about a great many right wing voters.

          The thing with revelations that the Government is spying on us to keep themselves in power, keep their fuckups secret, and stifle dissent is, unfortunately, not really news.

          What is frightening, is that so many people think it is fine.

          • Draco T Bastard 2.2.1.3.1

            What is frightening, is that so many people think it is fine.

            QFT

            And that, really, is how civilisations end. The rich get more and more corrupt and a largish part of the population lets and encourages them.

        • Tracey 2.2.1.4

          You are a Law Commissioner, yes? Do you actually believe what you just wrote and apply your “logic” across the board or only for the PM’s benefit?

          • Wayne 2.2.1.4.1

            Tracey,

            For the very reason you have noted, I have confined my comments as to whether it is reasonable to release the documents, not the veracity of the documents.

            Although for some even that is controversial.

            I would have thought that any Prime Minister, irrespective of party, would see the need to do so. I note that David Cunliffe is not saying the PM should be barred from releasing the documents, in fact he is saying they should have been released earlier, presumably at the time of the debate on the GCSB Bill.

            • Draco T Bastard 2.2.1.4.1.1

              Considering the political level I think the allegations should have gone to the Supreme Court with the court then requisitioning the documents and doing a full investigation. That way there wouldn’t be any of the politicising that we’re seeing now.

              And at the end of it we’d be able to lay charges.

    • Wayne,

      The point, surely, is that the release of documents previously classified to such a high level (because of the grievous threats to national security their release would involve) trumps any concern about the political career of John Key?

      Even if he is entirely innocent, it should not be possible to risk national security in order to establish that innocence. He either finds another way to defend his innocence or he takes it on the chin – for the collective good (i.e., for the national security).

      That would show true integrity – to sacrifice his personal ambitions for the good of the many.

      • tricledrown 2.3.1

        Wayne trying to defend Keys Merrill Lynch behavior his wheeling and dealing with Hollywood is straight out of Merrill Lynch code of practice Key hasn’t changed his spots !
        Who set up the wealthy investor category only 10 people came in on this Visa!
        Key categorically denies any knowledge is pure BS!

        • Murray Olsen 2.3.1.1

          He could name the 80 people who went to Australia but had no idea about the ten who came in as filthy rich investors? Hmmmm.

          Wayne is dissembling here, for some known reason. One other thing that occurs to me is to look at the basis on which documents are classified. What on earth is in them that made them secret until Key felt like releasing them? What has changed in terms of threats to national security since last week?

          • North 2.3.1.1.1

            Poor Wayne……retired now……battling hard against that ever-niggling sense of irrelevance. A classier resistance than Aaron’s (Gilmore/Bhatnagar) but essentially the same.

    • framu 2.4

      “so it seems appropriate that the PM ought to be able to properly rebut them.”

      but for what purpose wayne

      is it appropriate if its just key protecting his reputation?

      is it appropriate if its about ensuring NZers get a true story free from mis-information and delay?

      then for bonus points – what is keys publicly stated reason for releasing the docs now?

      • KJT 2.4.1

        If they were so vital to NZ security that they be secret.

        Either there was no justification for the secrecy in the first -place, or Key is violating NZ security by releasing them.

        Which is it?

        • framu 2.4.1.1

          well yes – i agree with you there.

          More following mappies line of reasoning to see what he picks – i reckon he knows its a weak argument anyway

        • To be fair you could argue that given the allegation has been made that said documents are in essence no longer secret, but there’s still a big difference between “journalists claim New Zealand does X” and “government confirms New Zealand tried to do X but may not have succeeded” in terms of security concerns.

          What alarms me is that this declassification can be done so quickly at election time when there’s a political point at stake. This stinks really, really badly of National undermining the neutrality of the public service.

    • Tracey 2.5

      But others cannot demand the release of any such documents to clear their names or prove the PM is telling an untruth.

      Spo, when the PM says he can’t comment on something, even though it would reveal the truth of an issue, you are fine with that? And he does, often.

    • Sue 2.6

      I think the point is that the PM’s motivation for declassifying documents is stated as protecting _his_ reputation (as opposed to the reputation of the office of the PM – although I understand there has been a little blurring of those boundaries lately) rather than reassuring us that no such thing happened.

  3. KJT 3

    http://www.newyorker.com/magazine/2010/05/10/pandoras-briefcase?currentPage=all

    “These are two fine examples of why the proprietary kind of information that spies purvey is so much riskier than the products of rational analysis. Rational inferences can be debated openly and widely. Secrets belong to a small assortment of individuals, and inevitably become hostage to private agendas”.

    “Translation: the proper function of spies is to remind those who rely on spies that the kinds of thing found out by spies can’t be trusted.”

    Note that almost all exposures of terrorism has been by conventional police work, including our own home grown incident, the Rainbow Warrior.

Recent Comments

Recent Posts

  • Decision allows for housing growth in Western Bay of Plenty
    The Minister Responsible for RMA Reform, Chris Bishop today released his decision on four recommendations referred to him by the Western Bay of Plenty District Council, opening the door to housing growth in the area. The Council’s Plan Change 92 allows more homes to be built in existing and new ...
    BeehiveBy beehive.govt.nz
    10 hours ago
  • Speech to New Zealand China Council
    Thank you, John McKinnon and the New Zealand China Council for the invitation to speak to you today.    Thank you too, all members of the China Council. Your effort has played an essential role in helping to build, shape, and grow a balanced and resilient relationship between our two ...
    BeehiveBy beehive.govt.nz
    13 hours ago
  • Modern insurance law will protect Kiwi households
    The Government is modernising insurance law to better protect Kiwis and provide security in the event of a disaster, Commerce and Consumer Affairs Minister Andrew Bayly announced today. “These reforms are long overdue. New Zealand’s insurance law is complicated and dated, some of which is more than 100 years old. ...
    BeehiveBy beehive.govt.nz
    1 day ago
  • Government recommits to equal pay
    The coalition Government is refreshing its approach to supporting pay equity claims as time-limited funding for the Pay Equity Taskforce comes to an end, Public Service Minister Nicola Willis says.  “Three years ago, the then-government introduced changes to the Equal Pay Act to support pay equity bargaining. The changes were ...
    BeehiveBy beehive.govt.nz
    1 day ago
  • Transforming how our children learn to read
    Structured literacy will change the way New Zealand children learn to read - improving achievement and setting students up for success, Education Minister Erica Stanford says.  “Being able to read and write is a fundamental life skill that too many young people are missing out on. Recent data shows that ...
    BeehiveBy beehive.govt.nz
    1 day ago
  • NZ not backing down in Canada dairy dispute
    Trade Minister Todd McClay says Canada’s refusal to comply in full with a CPTPP trade dispute ruling in our favour over dairy trade is cynical and New Zealand has no intention of backing down. Mr McClay said he has asked for urgent legal advice in respect of our ‘next move’ ...
    BeehiveBy beehive.govt.nz
    1 day ago
  • Stronger oversight for our most vulnerable children
    The rights of our children and young people will be enhanced by changes the coalition Government will make to strengthen oversight of the Oranga Tamariki system, including restoring a single Children’s Commissioner. “The Government is committed to delivering better public services that care for our most at-risk young people and ...
    BeehiveBy beehive.govt.nz
    2 days ago
  • Streamlining Building Consent Changes
    The Government is making it easier for minor changes to be made to a building consent so building a home is easier and more affordable, Building and Construction Minister Chris Penk says.      “The coalition Government is focused on making it easier and cheaper to build homes so we can ...
    BeehiveBy beehive.govt.nz
    2 days ago
  • Minister acknowledges passing of Sir Robert Martin (KNZM)
    New Zealand lost a true legend when internationally renowned disability advocate Sir Robert Martin (KNZM) passed away at his home in Whanganui last night, Disabilities Issues Minister Louise Upston says. “Our Government’s thoughts are with his wife Lynda, family and community, those he has worked with, the disability community in ...
    BeehiveBy beehive.govt.nz
    2 days ago
  • Speech to New Zealand Institute of International Affairs, Parliament – Annual Lecture: Challenges ...
    Good evening –   Before discussing the challenges and opportunities facing New Zealand’s foreign policy, we’d like to first acknowledge the New Zealand Institute of International Affairs. You have contributed to debates about New Zealand foreign policy over a long period of time, and we thank you for hosting us.  ...
    BeehiveBy beehive.govt.nz
    2 days ago
  • Accelerating airport security lines
    From today, passengers travelling internationally from Auckland Airport will be able to keep laptops and liquids in their carry-on bags for security screening thanks to new technology, Transport Minister Simeon Brown says. “Creating a more efficient and seamless travel experience is important for holidaymakers and businesses, enabling faster movement through ...
    BeehiveBy beehive.govt.nz
    2 days ago
  • Community hui to talk about kina barrens
    People with an interest in the health of Northland’s marine ecosystems are invited to a public meeting to discuss how to deal with kina barrens, Oceans and Fisheries Minister Shane Jones says. Mr Jones will lead the discussion, which will take place on Friday, 10 May, at Awanui Hotel in ...
    BeehiveBy beehive.govt.nz
    3 days ago
  • Kiwi exporters win as NZ-EU FTA enters into force
    Kiwi exporters are $100 million better off today with the NZ EU FTA entering into force says Trade Minister Todd McClay. “This is all part of our plan to grow the economy. New Zealand's prosperity depends on international trade, making up 60 per cent of the country’s total economic activity. ...
    BeehiveBy beehive.govt.nz
    3 days ago
  • Mining resurgence a welcome sign
    There are heartening signs that the extractive sector is once again becoming an attractive prospect for investors and a source of economic prosperity for New Zealand, Resources Minister Shane Jones says. “The beginnings of a resurgence in extractive industries are apparent in media reports of the sector in the past ...
    BeehiveBy beehive.govt.nz
    3 days ago
  • Ō-Rākau Remembrance Bill passes first reading
    The return of the historic Ō-Rākau battle site to the descendants of those who fought there moved one step closer today with the first reading of Te Pire mō Ō-Rākau, Te Pae o Maumahara / The Ō-Rākau Remembrance Bill. The Bill will entrust the 9.7-hectare battle site, five kilometres west ...
    BeehiveBy beehive.govt.nz
    3 days ago
  • Government to boost public EV charging network
    Energy Minister Simeon Brown has announced 25 new high-speed EV charging hubs along key routes between major urban centres and outlined the Government’s plan to supercharge New Zealand’s EV infrastructure.  The hubs will each have several chargers and be capable of charging at least four – and up to 10 ...
    BeehiveBy beehive.govt.nz
    3 days ago
  • Residential Property Managers Bill to not progress
    The coalition Government will not proceed with the previous Government’s plans to regulate residential property managers, Housing Minister Chris Bishop says. “I have written to the Chairperson of the Social Services and Community Committee to inform him that the Government does not intend to support the Residential Property Managers Bill ...
    BeehiveBy beehive.govt.nz
    3 days ago
  • Independent review into disability support services
    The Government has announced an independent review into the disability support system funded by the Ministry of Disabled People – Whaikaha. Disability Issues Minister Louise Upston says the review will look at what can be done to strengthen the long-term sustainability of Disability Support Services to provide disabled people and ...
    BeehiveBy beehive.govt.nz
    3 days ago
  • Justice Minister updates UN on law & order plan
    Justice Minister Paul Goldsmith has attended the Universal Periodic Review in Geneva and outlined the Government’s plan to restore law and order. “Speaking to the United Nations Human Rights Council provided us with an opportunity to present New Zealand’s human rights progress, priorities, and challenges, while responding to issues and ...
    BeehiveBy beehive.govt.nz
    4 days ago
  • Ending emergency housing motels in Rotorua
    The Government and Rotorua Lakes Council are committed to working closely together to end the use of contracted emergency housing motels in Rotorua. Associate Minister of Housing (Social Housing) Tama Potaka says the Government remains committed to ending the long-term use of contracted emergency housing motels in Rotorua by the ...
    BeehiveBy beehive.govt.nz
    4 days ago
  • Trade Minister travels to Riyadh, OECD, and Dubai
    Trade Minister Todd McClay heads overseas today for high-level trade talks in the Gulf region, and a key OECD meeting in Paris. Mr McClay will travel to Riyadh to meet with counterparts from Saudi Arabia and the Gulf Cooperation Council (GCC). “New Zealand’s goods and services exports to the Gulf region ...
    BeehiveBy beehive.govt.nz
    4 days ago
  • Education priorities focused on lifting achievement
    Education Minister Erica Stanford has outlined six education priorities to deliver a world-leading education system that sets Kiwi kids up for future success. “I’m putting ambition, achievement and outcomes at the heart of our education system. I want every child to be inspired and engaged in their learning so they ...
    BeehiveBy beehive.govt.nz
    4 days ago
  • NZTA App first step towards digital driver licence
    The new NZ Transport Agency (NZTA) App is a secure ‘one stop shop’ to provide the services drivers need, Transport Minister Simeon Brown and Digitising Government Minister Judith Collins say.  “The NZTA App will enable an easier way for Kiwis to pay for Vehicle Registration and Road User Charges (RUC). ...
    BeehiveBy beehive.govt.nz
    4 days ago
  • Supporting whānau out of emergency housing
    Whānau with tamariki growing up in emergency housing motels will be prioritised for social housing starting this week, says Associate Housing Minister Tama Potaka. “Giving these whānau a better opportunity to build healthy stable lives for themselves and future generations is an essential part of the Government’s goal of reducing ...
    BeehiveBy beehive.govt.nz
    4 days ago
  • Tribute to Dave O'Sullivan
    Racing Minister Winston Peters has paid tribute to an icon of the industry with the recent passing of Dave O’Sullivan (OBE). “Our sympathies are with the O’Sullivan family with the sad news of Dave O’Sullivan’s recent passing,” Mr Peters says. “His contribution to racing, initially as a jockey and then ...
    BeehiveBy beehive.govt.nz
    4 days ago
  • Speech – Eid al-Fitr
    Assalaamu alaikum, greetings to you all. Eid Mubarak, everyone! I want to extend my warmest wishes to you and everyone celebrating this joyous occasion. It is a pleasure to be here. I have enjoyed Eid celebrations at Parliament before, but this is my first time joining you as the Minister ...
    BeehiveBy beehive.govt.nz
    4 days ago
  • Government saves access to medicines
    Associate Health Minister David Seymour has announced Pharmac’s largest ever budget of $6.294 billion over four years, fixing a $1.774 billion fiscal cliff.    “Access to medicines is a crucial part of many Kiwis’ lives. We’ve committed to a budget allocation of $1.774 billion over four years so Kiwis are ...
    BeehiveBy beehive.govt.nz
    5 days ago
  • Pharmac Chair appointed
    Hon Paula Bennett has been appointed as member and chair of the Pharmac board, Associate Health Minister David Seymour announced today. "Pharmac is a critical part of New Zealand's health system and plays a significant role in ensuring that Kiwis have the best possible access to medicines,” says Mr Seymour. ...
    BeehiveBy beehive.govt.nz
    6 days ago
  • Taking action on Fetal Alcohol Spectrum Disorder
    Hundreds of New Zealand families affected by Fetal Alcohol Spectrum Disorder (FASD) will benefit from a new Government focus on prevention and treatment, says Health Minister Dr Shane Reti. “We know FASD is a leading cause of preventable intellectual and neurodevelopmental disability in New Zealand,” Dr Reti says.  “Every day, ...
    BeehiveBy beehive.govt.nz
    6 days ago
  • New sports complex opens in Kaikohe
    Regional Development Minister Shane Jones today attended the official opening of Kaikohe’s new $14.7 million sports complex. “The completion of the Kaikohe Multi Sports Complex is a fantastic achievement for the Far North,” Mr Jones says. “This facility not only fulfils a long-held dream for local athletes, but also creates ...
    BeehiveBy beehive.govt.nz
    7 days ago
  • Diplomacy needed more than ever
    Foreign Minister Winston Peters’ engagements in Türkiye this week underlined the importance of diplomacy to meet growing global challenges.    “Returning to the Gallipoli Peninsula to represent New Zealand at Anzac commemorations was a sombre reminder of the critical importance of diplomacy for de-escalating conflicts and easing tensions,” Mr Peters ...
    BeehiveBy beehive.govt.nz
    7 days ago
  • Anzac Commemorative Address, Buttes New British Cemetery Belgium
    Ambassador Millar, Burgemeester, Vandepitte, Excellencies, military representatives, distinguished guests, ladies and gentlemen – good morning and welcome to this sacred Anzac Day dawn service.  It is an honour to be here on behalf of the Government and people of New Zealand at Buttes New British Cemetery, Polygon Wood – a deeply ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • Anzac Commemorative Address – NZ National Service, Chunuk Bair
    Distinguished guests -   It is an honour to return once again to this site which, as the resting place for so many of our war-dead, has become a sacred place for generations of New Zealanders.   Our presence here and at the other special spaces of Gallipoli is made ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • Anzac Commemorative Address – Dawn Service, Gallipoli, Türkiye
    Mai ia tawhiti pamamao, te moana nui a Kiwa, kua tae whakaiti mai matou, ki to koutou papa whenua. No koutou te tapuwae, no matou te tapuwae, kua honoa pumautia.   Ko nga toa kua hinga nei, o te Waipounamu, o te Ika a Maui, he okioki tahi me o ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • PM announces changes to portfolios
    Paul Goldsmith will take on responsibility for the Media and Communications portfolio, while Louise Upston will pick up the Disability Issues portfolio, Prime Minister Christopher Luxon announced today. “Our Government is relentlessly focused on getting New Zealand back on track. As issues change in prominence, I plan to adjust Ministerial ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • New catch limits for unique fishery areas
    Recreational catch limits will be reduced in areas of Fiordland and the Chatham Islands to help keep those fisheries healthy and sustainable, Oceans and Fisheries Minister Shane Jones says. The lower recreational daily catch limits for a range of finfish and shellfish species caught in the Fiordland Marine Area and ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • Minister welcomes hydrogen milestone
    Energy Minister Simeon Brown has welcomed an important milestone in New Zealand’s hydrogen future, with the opening of the country’s first network of hydrogen refuelling stations in Wiri. “I want to congratulate the team at Hiringa Energy and its partners K one W one (K1W1), Mitsui & Co New Zealand ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • Urgent changes to system through first RMA Amendment Bill
    The coalition Government is delivering on its commitment to improve resource management laws and give greater certainty to consent applicants, with a Bill to amend the Resource Management Act (RMA) expected to be introduced to Parliament next month. RMA Reform Minister Chris Bishop has today outlined the first RMA Amendment ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • Overseas decommissioning models considered
    Overseas models for regulating the oil and gas sector, including their decommissioning regimes, are being carefully scrutinised as a potential template for New Zealand’s own sector, Resources Minister Shane Jones says. The Coalition Government is focused on rebuilding investor confidence in New Zealand’s energy sector as it looks to strengthen ...
    BeehiveBy beehive.govt.nz
    2 weeks ago
  • Release of North Island Severe Weather Event Inquiry
    Emergency Management and Recovery Minister Mark Mitchell has today released the Report of the Government Inquiry into the response to the North Island Severe Weather Events. “The report shows that New Zealand’s emergency management system is not fit-for-purpose and there are some significant gaps we need to address,” Mr Mitchell ...
    BeehiveBy beehive.govt.nz
    2 weeks ago

Page generated in The Standard by Wordpress at 2024-05-03T10:24:46+00:00