The Pike River Supreme Court decision – Helen Kelly would be pleased
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- Date published:
8:41 am, November 24th, 2017 - 19 comments
Categories: david cunliffe, disaster, health and safety, Mining, national, Politics, same old national, Unions, workers' rights -
Tags: helen kelly, peter whittall, pike river, pike river mine
I thought the Supreme Court judgment released yesterday that the decision to allow Peter Whittall to walk away from prosecutions relating to the death of the 29 miners in Pike River was completely just. I can understand the rationale of the original decision in a try and fix things up sort of way. But a properly functioning Justice System needs to put those considerations to one side.
I thought I would go through posts on this website and I discovered this absolute gem written by Helen Kelly at the time that Whittall was acquitted. Helen was instrumental in this particular case proceeding. She is probably looking down and smiling. And knowing that one of the battles that she fought with passion has been resolved in favour of the workers.
I will repeat it in full. Just to make sure that the chances of it being read in full are maximised. From Helen’s post:
The decision announced today (but made when?) to withdraw the charges against Pike CEO Peter Whittall cannot be left to rest.
When did a Judge of a New Zealand Court participate in a deal where criminal charges were dropped and money paid. It is insufficient to say the two are not connected. The money has been paid into the Court today. The Judge should have had nothing to do with this part of the agreement nor used the Court to collect the cash, and she seemed in her comments to support the deal saying it was “a good outcome”. This is my view is highly inappropriate.
The precedent is huge. The Health and Safety in Employment Act forbids insurance being taken out to cover for penalties. The “arrangement” reached with Whittall and his insurers with the Crown, bypasses the intention of the Act and allows a fine already ordered to be paid against the Company in one case, to be paid to escape the possibility of a conviction and fine in another, and by insurance.
If the charges could not be made to stick then it is my view, they must have been poorly laid, poorly investigated and again point to a lack of capacity and rigour in the Department. When a Royal Commission finds as strongly as it, systematic failings in management at the mine, the test of failing to “take all practicable steps” in regards health and safety should have been proved.
Clearly the Department itself would have been a focus of this case if Whittall had continued to defend himself. It’s failings would have been re-canvassed and its direct dealings with Whittall exposed which was not done in the Royal Commission. The Cabinets decision not to pay reparations to the families despite agencies like ACC receiving insurance payments for the mine, left the families in a precarious financial position and opened the door for this offer to come in. Everyone wins here except the families and most importantly except the men killed in the mine. It is the Crowns job to represent them. They cannot seek justice themselves. When someone is killed like this, we hand the responsibility to the Crown to seek justice – it has failed in every way for the men at Pike. The Cabinet should continue to be pressured to compensate for the Crowns role.
In this case, MBIE are saying the case was a waste of money given it would be complex and long. It is saying spending the money is not in the public interest. This is in contrast to the Cabinet Decision to allow the families to sue the Crown if they so wish, rather than seek to compensate on agreed terms – leaving the responsibility for justice to sit on the families shoulders.
We are up to our eyeballs in legal expenses around health and safety. While money pours in from Government Agencies to help industries run health and safety initiatives, we are fighting on all fronts using the money paid in union fees by shop workers that stack supermarket shelves at night, to try and be the counter-voice here. Be it cases for Security Guards killed on their first night at work on Fulton Hogan Building sites, the families of forest workers appearing at Coronial hearings or for seeking advice on what happened today in Christchurch District Court. It sometimes feels unsustainable against all the lawyers that corporations can afford, and with a Department which does not consult or work with us on these issues. I hope the new Worksafe will be better and we are positive about it and its new leadership but that does not release us from seeking justice in the present situation. We are thinking how we can challenge this decision. It’s a big job. All ideas welcome.
And here is something I wrote 4 years ago.
The Government appointed Royal Commission concluded after hearing considerable evidence that “even though the company was operating in a known high-hazard industry, the board of directors did not ensure that health and safety was being properly managed and the executive managers did not properly assess the health and safety risks that the workers were facing. In the drive towards coal production the directors and executive managers paid insufficient attention to health and safety and exposed the company’s workers to unacceptable risks. Mining should have stopped until the risks could be properly managed.”
In the prosecution of Pike River Ltd under the HSIE Act Judge Farrish slammed the company for a “total lack of remorse” because of claims that it could not afford to pay reparation to the families. She is quoted as saying “It is not often a company steps back and holds its hands up and says ‘I have nothing’. Even a company in a fragile state usually comes forward and offers reparation, but here nothing has been forthcoming. I am satisfied the company has the means to pay either by existing shareholders or a combination of the shareholders and directors. I note that the directors have significant insurance.” Despite the claims of poverty Judge Farrish ordered payment of reparation of $110,000 to each of the deceased’s families and to the two survivors. The total of these payments is $3.41 million.
The compensation was not paid. David Cunliffe took up the cause and asked in Parliament why the Government did not contribute to these payments, after all it had indirectly received as shareholders of the companies involved an insurance payout. His questioning of John Key was the first time that I have seen Key completely and utterly embarrassed in the house.
This was increasingly becoming an issue of deep embarrassment to the Government.
Yesterday’s bombshell announcement that charges were being withdrawn and that the insurance company was going to pay $3.41 million compensation has caused increasing disquiet. Helen Kelly and the CTU are thinking about seeking a judicial review of the case. Bernie Monk on behalf of the families has called the payment “blood money”. I presume the payment is to satisfy the order of compensation originally made by Judge Farrish.
I am sure that Judge Farrish has acted with the best of intentions. She is obviously deeply concerned for the families and wants to do the best for them. But the coupling of the payment with the withdrawal of the charges creates the unfortunate impression that payment of money in this case may have avoided a prosecution. And besides it was money that should have been paid anyway.
This neatly solves a political problem for the Government. Instead of being open to criticism for not paying its share of the $3.41 million one of its departments agrees not to prosecute and magically the payment is made and a particular political wound is cauterised.
For the sake of the sanctity of our justice system this needs to be investigate fully.
I think the background is important. The Crown received insurance money paid after the explosion because of its shareholding in the parent company of Pike River through ACC and the Cullen Fund but walked away from the obligation to pay court ordered compensation. Then Whittall managed to avoid prosecution by getting insurance to make the payments the Government had a moral if not legal obligation to pay. This is banana republic stuff.
And the Supreme Court has agreed that the coupling of the payment with the withdrawal of the charges did create the unfortunate impression that payment of money avoided a prosecution. The Court thought the circumstances of the offence to be breathtakingly bad. From the Judgment:
Twenty-nine men died following explosions at the Pike River coal mine on 19 November 2010. Two others were injured but survived. WorkSafe described what happened as “the employment related disaster of a generation.” At the sentencing of the mine owner, Pike River Coal Ltd, for breaches of the Health and Safety in Employment Act, WorkSafe submitted that the case was “as serious as one can contemplate … not only with regard to the breath taking omissions and failures at the mine but also in terms of the number of men killed”. The view that the omissions and failures in safety at the mine were “breath taking” is also substantiated by the 2012 report of the Royal Commission into the explosions.
The Court decision is that the conditional offer of payment by Whittall was a bargain to stifle a prosecution and therefore illegal. Attempts to suggest that the payment, expressed from the start to be a conditional payment, was not part of a deal failed. If it looks like a duck and quacks like a duck …
This does not mean Whittall will face prosecution. The only prospect of this happening is if further evidence linking him to the disaster is discovered. Which is why an investigation of the mine, the largest crime site in the country, has to be a priority.
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Hello! Here comes the Saturday edition of More Than A Feilding, catching you up on the past week’s editions.State of humanity, 20242024, it feels, keeps presenting us with ever more challenges, ever more dismay.Do you give up yet? It seems to ask.No? How about this? Or this?How about this?Full story Share ...6 days ago - What is the Hardest Sport in the World?Determining the hardest sport in the world is a subjective matter, as the difficulty level can vary depending on individual abilities, physical attributes, and experience. However, based on various factors including physical demands, technical skills, mental fortitude, and overall accomplishment, here is an exploration of some of the most challenging ...6 days ago
- Release: Working together on consistent support for veterans this Anzac Day
Our two-tiered system for veterans’ support is out of step with our closest partners, and all parties in Parliament should work together to fix it, Labour veterans’ affairs spokesperson Greg O’Connor said. ...1 day ago - Release: Penny drops – but what about Seymour and Peters?Stripping two Ministers of their portfolios just six months into the job shows Christopher Luxon’s management style is lacking, Labour Leader Chris Hipkins said. ...1 day ago
- Release: Budget blunder shows Nicola Willis could cut recovery fundingIt appears Nicola Willis is about to pull the rug out from under the feet of local communities still dealing with the aftermath of last year’s severe weather, and local councils relying on funding to build back from these disasters. ...2 days ago
- Further environmental mismanagement on the cards
The Government’s resource management reforms will add to the heavy and ever-growing burden this Government is loading on to our environment. ...2 days ago - Release: RMA changes will be a disaster for environmentThe Government is making short-sighted changes to the Resource Management Act (RMA) that will take away environmental protection in favour of short-term profits, Labour’s environment spokesperson Rachel Brooking said today. ...2 days ago
- Release: Labour supports urgent changes to emergency management systemLabour welcomes the release of the report into the North Island weather events and looks forward to working with the Government to ensure that New Zealand is as prepared as it can be for the next natural disaster. ...2 days ago
- Release: Labour calls for New Zealand to recognise PalestineThe Labour Party has called for the New Zealand Government to recognise Palestine, as a material step towards progressing the two-State solution needed to achieve a lasting peace in the region. ...3 days ago
- Release: Three strikes law political posturing of worst kindThe Government is bringing back a law that has little evidential backing just to look tough, Labour justice spokesperson Duncan Webb said. ...3 days ago
- Release: Government cuts unbelievably target child exploitation, violent extremism, ports and airpor...Some of our country’s most important work, stopping the sexual exploitation of children and violent extremism could go along with staff on the frontline at ports and airports. ...3 days ago
- Three strikes has failed before and will fail againResurrecting the archaic three-strikes legislation is an unwelcome return to a failed American-style approach to justice. ...3 days ago
- Release: Environmental protection vital, not ‘onerous’The Government’s Fast Track Approvals Bill will give projects such as new coal mines a ‘get out of jail free’ card to wreak havoc on the environment, Labour Leader Chris Hipkins said today. ...3 days ago
- Release: Govt cuts doctors and nurses in hiring freezeCuts to frontline hospital staff are not only a broken election promise, it shows the reckless tax cuts have well and truly hit the frontline of the health system, says Labour Health spokesperson Ayesha Verrall. ...6 days ago
- Fast-track submissions period must be extendedThe Green Party has joined the call for public submissions on the fast-track legislation to be extended after the Ombudsman forced the Government to release the list of organisations invited to apply just hours before submissions close. ...6 days ago
- Release: Progress on climate will be undone by GovtNew Zealand’s good work at reducing climate emissions for three years in a row will be undone by the National government’s lack of ambition and scrapping programmes that were making a difference, Labour Party climate spokesperson Megan Woods said today. ...6 days ago
- Release: Dark day for Kiwi kids as a third of Govt cuts affect themNews that 1000 jobs at the Ministry of Education and Oranga Tamariki could go is devastating for future generations of New Zealanders. ...1 week ago
- Release: Alarm as Government signals further blow to school lunchesMore essential jobs could be on the chopping block, this time Ministry of Education staff on the school lunches team are set to find out whether they're in line to lose their jobs. ...1 week ago
- Release: Quick, submit – stop Govt’s dodgy approvals billThe Government is trying to bring in a law that will allow Ministers to cut corners and kill off native species, Labour environment spokesperson Rachel Brooking said. ...1 week ago
- Government throws coal on the climate crisis fireThe Government’s policy announced today to ease consenting for coal mining will have a lasting impact across generations. ...1 week ago
- Release: Public transport costs to double as National looks at unaffordable roading project insteadCancelling urgently needed new Cook Strait ferries and hiking the cost of public transport for many Kiwis so that National can announce the prospect of another tunnel for Wellington is not making good choices, Labour Transport Spokesperson Tangi Utikere said. ...1 week ago
- Release: Cost of living in Auckland still not a priorityA laundry list of additional costs for Tāmaki Makarau Auckland shows the Minister for the city is not delivering for the people who live there, says Labour Auckland Issues spokesperson Shanan Halbert. ...2 weeks ago
- Greens look to fast-track submissions on harmful lawThe Green Party has today launched a step-by-step guide to help New Zealanders make their voice heard on the Government’s democracy dodging and anti-environment fast track legislation. ...2 weeks ago
- Release: Govt should stop making people’s lives harder and build more homesThe National Government’s proposed changes to the Residential Tenancies Act will mean tenants can be turfed from their homes by landlords with little notice, Labour housing spokesperson Kieran McAnulty said. ...2 weeks ago
- Release: Melissa Lee missing in action on mediaThe action Melissa Lee promised to protect democracy and the media sector is missing, Media and Communications spokesperson Willie Jackson said. ...2 weeks ago
- Landlord Government leaves little hope for rentersThe Government’s announcement on tenancy rules prove that it does not care about renters. ...2 weeks ago
- Opportunity to build a more sustainable economyGreen Party co-leader Marama Davidson is calling on all parties to support a common-sense change that’s great for the planet and great for consumers after her member’s bill was drawn from the ballot today. ...2 weeks ago
- Significant step forward in fixing cruel and unjust pastA significant milestone has been reached in the fight to strike an anti-Pasifika and unfair law from the country’s books after Teanau Tuiono’s members’ bill passed its first reading. ...2 weeks ago
- Missed opportunity but NZ will surely one day recognise the right to a sustainable environmentNew Zealand has today missed the opportunity to uphold the right to a clean, healthy, and sustainable environment, says James Shaw after his member’s bill was voted down in its first reading. ...2 weeks ago
- Release: Don’t cut our lunches – clear message sent to GovernmentTens of thousands of people are demanding the Government commits to fully funding free and healthy school lunches. ...2 weeks ago
- Release: Govt makes U-turn on Suicide Prevention OfficeLabour welcomes the Government’s U-turn on the closure of the Suicide Prevention Office, says Labour Mental Health spokesperson Ingrid Leary. ...2 weeks ago
- CCC issues warning over further climate delayToday’s advice from the Climate Change Commission paints a sobering reality of the challenge we face in combating climate change, especially in light of recent Government policy announcements. ...2 weeks ago
- Luxon targets lame and lousy example of leadershipIf talk is cheap, Chris Luxon’s “targets” are bankrupt. ...2 weeks ago
- Luxon targets are lousy example of leadershipIf talk is cheap, Chris Luxon’s “targets” are bankrupt. ...2 weeks ago
- Release: Commitment to disability communities missing from Govt prioritiesMinister for Disability Issues Penny Simmonds appears to have delayed a report back to Cabinet on the progress New Zealand is making against international obligations for disabled New Zealanders. ...3 weeks ago
- Methane target review is dangerous duplicationThe Government’s newly announced review of methane emissions reduction targets hints at its desire to delay Aotearoa New Zealand’s urgent transition to a climate safe future, the Green Party said. ...3 weeks 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 ...2 hours ago - Anzac Commemorative Address – Dawn Service, Gallipoli, TürkiyeMai 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 ...8 hours ago
- PM announces changes to portfoliosPaul 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 ...1 day ago
- New catch limits for unique fishery areasRecreational 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 ...2 days ago
- Minister welcomes hydrogen milestoneEnergy 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 ...2 days ago
- Urgent changes to system through first RMA Amendment BillThe 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 ...3 days ago
- Overseas decommissioning models consideredOverseas 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 ...3 days ago
- Release of North Island Severe Weather Event InquiryEmergency 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 ...3 days ago
- Justice Minister to attend Human Rights CouncilJustice Minister Paul Goldsmith is today travelling to Europe where he’ll update the United Nations Human Rights Council on the Government’s work to restore law and order. “Attending the Universal Periodic Review in Geneva provides us with an opportunity to present New Zealand’s human rights progress, priorities, and challenges, while ...3 days ago
- Patterson reopens world’s largest wool scouring facilityAssociate Agriculture Minister, Mark Patterson, formally reopened the world’s largest wool processing facility today in Awatoto, Napier, following a $50 million rebuild and refurbishment project. “The reopening of this facility will significantly lift the economic opportunities available to New Zealand’s wool sector, which already accounts for 20 per cent of ...3 days ago
- Speech to the Southland Otago Regional Engineering Collective Summit, 18 April 2024Hon Andrew Bayly, Minister for Small Business and Manufacturing At the Southland Otago Regional Engineering Collective (SOREC) Summit, 18 April, Dunedin Ngā mihi nui, Ko Andrew Bayly aho, Ko Whanganui aho Good Afternoon and thank you for inviting me to open your summit today. I am delighted ...3 days ago
- Government to introduce revised Three Strikes lawThe Government is delivering on its commitment to bring back the Three Strikes legislation, Associate Justice Minister Nicole McKee announced today. “Our Government is committed to restoring law and order and enforcing appropriate consequences on criminals. We are making it clear that repeat serious violent or sexual offending is not ...3 days ago
- New diplomatic appointmentsForeign Minister Winston Peters has today announced four new diplomatic appointments for New Zealand’s overseas missions. “Our diplomats have a vital role in maintaining and protecting New Zealand’s interests around the world,” Mr Peters says. “I am pleased to announce the appointment of these senior diplomats from the ...3 days ago
- Humanitarian support for Ethiopia and SomaliaNew Zealand is contributing NZ$7 million to support communities affected by severe food insecurity and other urgent humanitarian needs in Ethiopia and Somalia, Foreign Minister Rt Hon Winston Peters announced today. “Over 21 million people are in need of humanitarian assistance across Ethiopia, with a further 6.9 million people ...3 days ago
- Arts Minister congratulates Mataaho CollectiveMinister for Arts, Culture and Heritage Paul Goldsmith is congratulating Mataaho Collective for winning the Golden Lion for best participant in the main exhibition at the Venice Biennale. "Congratulations to the Mataaho Collective for winning one of the world's most prestigious art prizes at the Venice Biennale. “It is good ...4 days ago
- Supporting better financial outcomes for KiwisThe Government is reforming financial services to improve access to home loans and other lending, and strengthen customer protections, Commerce and Consumer Affairs Minister Andrew Bayly and Housing Minister Chris Bishop announced today. “Our coalition Government is committed to rebuilding the economy and making life simpler by cutting red tape. We are ...5 days ago
- Trade relationship with China remains strong“China remains a strong commercial opportunity for Kiwi exporters as Chinese businesses and consumers continue to value our high-quality safe produce,” Trade and Agriculture Minister Todd McClay says. Mr McClay has returned to New Zealand following visits to Beijing, Harbin and Shanghai where he met ministers, governors and mayors and engaged in trade and agricultural events with the New ...5 days ago
- PM’s South East Asia mission does the businessPrime Minister Christopher Luxon has completed a successful trip to Singapore, Thailand and the Philippines, deepening relationships and capitalising on opportunities. Mr Luxon was accompanied by a business delegation and says the choice of countries represents the priority the New Zealand Government places on South East Asia, and our relationships in ...6 days ago
- $41m to support clean energy in South East AsiaNew Zealand is demonstrating its commitment to reducing global greenhouse emissions, and supporting clean energy transition in South East Asia, through a contribution of NZ$41 million (US$25 million) in climate finance to the Asian Development Bank (ADB)-led Energy Transition Mechanism (ETM). Prime Minister Christopher Luxon and Climate Change Minister Simon Watts announced ...6 days ago
- Minister releases Fast-track stakeholder listThe Government is today releasing a list of organisations who received letters about the Fast-track applications process, says RMA Reform Minister Chris Bishop. “Recently Ministers and agencies have received a series of OIA requests for a list of organisations to whom I wrote with information on applying to have a ...6 days ago
- Judicial appointments announcedAttorney-General Judith Collins today announced the appointment of Wellington Barrister David Jonathan Boldt as a Judge of the High Court, and the Honourable Justice Matthew Palmer as a Judge of the Court of Appeal. Justice Boldt graduated with an LLB from Victoria University of Wellington in 1990, and also holds ...6 days ago
- Education Minister heads to major teaching summit in SingaporeEducation Minister Erica Stanford will lead the New Zealand delegation at the 2024 International Summit on the Teaching Profession (ISTP) held in Singapore. The delegation includes representatives from the Post Primary Teachers’ Association (PPTA) Te Wehengarua and the New Zealand Educational Institute (NZEI) Te Riu Roa. The summit is co-hosted ...6 days ago
- Value of stopbank project proven during cycloneA stopbank upgrade project in Tairawhiti partly funded by the Government has increased flood resilience for around 7000ha of residential and horticultural land so far, Regional Development Minister Shane Jones says. Mr Jones today attended a dawn service in Gisborne to mark the end of the first stage of the ...6 days ago
- Anzac commemorations, Türkiye relationship focus of visitForeign Affairs Minister Winston Peters will represent the Government at Anzac Day commemorations on the Gallipoli Peninsula next week and engage with senior representatives of the Turkish government in Istanbul. “The Gallipoli campaign is a defining event in our history. It will be a privilege to share the occasion ...6 days ago
- Minister to Europe for OECD meeting, Anzac DayScience, Innovation and Technology and Defence Minister Judith Collins will next week attend the OECD Science and Technology Ministerial conference in Paris and Anzac Day commemorations in Belgium. “Science, innovation and technology have a major role to play in rebuilding our economy and achieving better health, environmental and social outcomes ...7 days ago
- Comprehensive Partnership the goal for NZ and the PhilippinesPrime Minister Christopher Luxon held a bilateral meeting today with the President of the Philippines, Ferdinand Marcos Jr. The Prime Minister was accompanied by MP Paulo Garcia, the first Filipino to be elected to a legislature outside the Philippines. During today’s meeting, Prime Minister Luxon and President Marcos Jr discussed opportunities to ...1 week ago
- Government commits $20m to Westport flood protectionThe Government has announced that $20 million in funding will be made available to Westport to fund much needed flood protection around the town. This measure will significantly improve the resilience of the community, says Local Government Minister Simeon Brown. “The Westport community has already been allocated almost $3 million ...1 week ago
- Taupō takes pole positionThe Government is proud to support the first ever Repco Supercars Championship event in Taupō as up to 70,000 motorsport fans attend the Taupō International Motorsport Park this weekend, says Economic Development Minister Melissa Lee. “Anticipation for the ITM Taupō Super400 is huge, with tickets and accommodation selling out weeks ...1 week ago
- Cost of living support for low-income homeownersLocal Government Minister Simeon Brown has announced an increase to the Rates Rebate Scheme, putting money back into the pockets of low-income homeowners. “The coalition Government is committed to bringing down the cost of living for New Zealanders. That includes targeted support for those Kiwis who are doing things tough, such ...1 week ago
- Government backing mussel spat projectThe Coalition Government is investing in a project to boost survival rates of New Zealand mussels and grow the industry, Oceans and Fisheries Minister Shane Jones has announced. “This project seeks to increase the resilience of our mussels and significantly boost the sector’s productivity,” Mr Jones says. “The project - ...1 week ago
- Government focused on getting people into workBenefit figures released today underscore the importance of the Government’s plan to rebuild the economy and have 50,000 fewer people on Jobseeker Support, Social Development and Employment Minister Louise Upston says. “Benefit numbers are still significantly higher than when National was last in government, when there was about 70,000 fewer ...1 week ago
- Clean energy key driver to reducing emissionsThe Government’s commitment to doubling New Zealand’s renewable energy capacity is backed by new data showing that clean energy has helped the country reach its lowest annual gross emissions since 1999, Climate Change Minister Simon Watts says. New Zealand’s latest Greenhouse Gas Inventory (1990-2022) published today, shows gross emissions fell ...1 week ago
- Earthquake-prone buildings review brought forwardThe Government is bringing the earthquake-prone building review forward, with work to start immediately, and extending the deadline for remediations by four years, Building and Construction Minister Chris Penk says. “Our Government is focused on rebuilding the economy. A key part of our plan is to cut red tape that ...1 week ago
- Thailand and NZ to agree to Strategic PartnershipPrime Minister Christopher Luxon and his Thai counterpart, Prime Minister Srettha Thavisin, have today agreed that New Zealand and the Kingdom of Thailand will upgrade the bilateral relationship to a Strategic Partnership by 2026. “New Zealand and Thailand have a lot to offer each other. We have a strong mutual desire to build ...1 week ago
- Government consults on extending coastal permits for portsRMA Reform Minister Chris Bishop and Transport Minister Simeon Brown have today announced the Coalition Government’s intention to extend port coastal permits for a further 20 years, providing port operators with certainty to continue their operations. “The introduction of the Resource Management Act in 1991 required ports to obtain coastal ...1 week ago
- Inflation coming down, but more work to doToday’s announcement that inflation is down to 4 per cent is encouraging news for Kiwis, but there is more work to be done - underlining the importance of the Government’s plan to get the economy back on track, acting Finance Minister Chris Bishop says. “Inflation is now at 4 per ...1 week ago
- School attendance restored as a priority in health adviceRefreshed health guidance released today will help parents and schools make informed decisions about whether their child needs to be in school, addressing one of the key issues affecting school attendance, says Associate Education Minister David Seymour. In recent years, consistently across all school terms, short-term illness or medical reasons ...1 week ago
- Unnecessary bureaucracy cut in oceans sectorOceans and Fisheries Minister Shane Jones is streamlining high-level oceans management while maintaining a focus on supporting the sector’s role in the export-led recovery of the economy. “I am working to realise the untapped potential of our fishing and aquaculture sector. To achieve that we need to be smarter with ...1 week ago
- Patterson promoting NZ’s wool sector at International CongressAssociate Agriculture Minister Mark Patterson is speaking at the International Wool Textile Organisation Congress in Adelaide, promoting New Zealand wool, and outlining the coalition Government’s support for the revitalisation the sector. "New Zealand’s wool exports reached $400 million in the year to 30 June 2023, and the coalition Government ...1 week ago
- Removing red tape to help early learners thriveThe Government is making legislative changes to make it easier for new early learning services to be established, and for existing services to operate, Associate Education Minister David Seymour says. The changes involve repealing the network approval provisions that apply when someone wants to establish a new early learning service, ...1 week ago
- Nelson Mandela’s grandson joins Gaza flotilla, slams ‘genocide complicit’ leaders
Asia Pacific Report Chief Mandla Mandela, a member of the National Assembly of South Africa and Nelson Mandela’s grandson, has joined the Freedom Flotilla in istanbul as the ships prepare to sail for Gaza, reports Kia Ora Gaza. Mandela is also the ambassador for the Global Campaign to Return to ...3 hours ago - 200 journalists ‘targeted’ over their environment reporting, warns RSFPacific Media Watch Journalists who report on environmental issues are encountering growing difficulties in many parts of the world, reports Reporters Without Borders. According to the tally kept by RSF, 200 journalists have been subjected to threats and physical violence, including murder, in the past 10 years because they were ...4 hours ago
- Bryce Edwards Analysis – Luxon’s ruthless show of strength is perfect for our angry eraAnalysis by Dr Bryce Edwards, Democracy Project (https://democracyproject.nz) Political scientist, Dr Bryce Edwards. Prime Minister Christopher Luxon has surprised everyone with his ruthlessness in sacking two of his ministers from their crucial portfolios. Removing ministers for poor performance after only five months in the job just doesn’t normally happen in ...5 hours ago
- David Seymour: Auckland Grammar School ANZAC Day Address
This speech was delivered to Auckland Grammar students, family, Old Boys, and staff on ANZAC Day 2024 by David Seymour ’97, MP for Epsom. ...6 hours ago - David Seymour: Auckland Grammar School ANZAC Day AddressThis speech was delivered to Auckland Grammar students, family, Old Boys, and staff on ANZAC Day 2024 by David Seymour ’97, MP for Epsom. ...6 hours ago
- Inflation is slowly falling while student debt is climbing: 6 graphs that explain the CPISource: The Conversation (Au and NZ) – By John Hawkins, Senior Lecturer, Canberra School of Politics, Economics and Society, University of Canberra BagzhanSadvakassov/Upsplash, CC BY-SA Australia’s inflation rate has fallen for the fifth successive quarter, and it’s now less than half of what it was back in late 2022. ...6 hours ago
- Response To ANZAC Day ProtestsACT's Rural Communities and Veterans spokesman Mark Cameron responds to cancellations and protests of ANZAC Day commemorations in Wellington. He says, "These pitiful attempts to detract from ANZAC Day are not at all indicative of the feelings of mainstream ...7 hours ago
- Claimants want Children's Minister to front up kanohi ki te kanohi (face to face)
Waitangi Tribunal claimants will appeal a High Court decision to overturn a summons order from the Tribunal for Children's Minister Karen Chhour. ...7 hours ago - ‘It bucked our lads up wonderfully’: the lightning-quick battle that marked the birth of the US-...Source: The Conversation (Au and NZ) – By Meighen McCrae, Associate Professor of Strategic & Defence Studies, Australian National University American and Australian stretcher bearers working together near the front line during the Battle of Hamel in 1918. Australian War Memorial While the AUKUS alliance is new, the Australian-American partnership ...8 hours ago
- GCSB refuses to release details of spy deal 'to protect interests'The spy agency is refusing to release a copy of its deal with a foreign agency to run a secret operation out of this country. ...9 hours ago
- Die In for Palestine Marks ANZAC dayPōneke based peace activists staged a silent protest at the ANZAC day service to highlight New Zealand’s complicity in war and genocide, and urge the government to take concrete steps to stop the genocide in Palestine. ...9 hours ago
- Ancient nomads you’ve probably never heard of disappeared from Europe 1,000 years ago. Now, DNA an...Source: The Conversation (Au and NZ) – By Magdalena M.E. Bunbury, Postdoctoral Researcher, James Cook University Burial with a horse at the Rákóczifalva site, Hungary (8th century AD). Sándor Hegedűs, Hungarian National Museum, CC BY How do we understand past societies? For centuries, our main sources of information have been ...11 hours ago
- Don’t mention the war: On grandparents and Anzac biscuits
Amanda Thompson doesn’t really do Anzac Day. But what she does do is remember the people she knew who had a lifetime to remember stuff they didn’t really want to, because of a war they didn’t ask for. And she does make Anzac biscuits. First published in 2021. All my ...11 hours ago - If plastic manufacturing goes up 10%, plastic pollution goes up 10% – and we’re set for a huge ...Source: The Conversation (Au and NZ) – By Kathryn Willis, Postdoctoral Researcher, CSIRO Xavier Boulenger/Shutterstock In the two decades to 2019, global plastic production doubled. By 2040, plastic manufacturing and processing could consume as much as 20% of global oil production and use up 15% of the annual carbon ...12 hours ago
- Governor-General's Anzac Day Dawn Service AddressWith our collective remembrance, and steadfast belief in our common humanity, we strengthen our hope and resolve to do what we can to foster dialogue and understanding, and to heal divisions in our pursuit of peace. ...12 hours ago
- Angling-Conservation Group Sees Fast Track Bill As UndemocraticPrincipal reasons for the opposition is the loss of the public’s democratic right to have “a fair say” and the vital need for a government free from corruption, said Casey Cravens of Dunedin, president of the New Zealand Federation of Freshwater ...12 hours ago
- Remembering the great TrueBliss vs Bardot national anthem sing-offNever mind the scoreboard – in the 2000 Bledisloe Cup decider, the real trans-Tasman battle was won before kickoff. First published in 2016. The dawn of the new millennium was a dark time for the All Blacks. Their final game pre-Y2K was a 22-18 loss to South Africa in the ...12 hours ago
- Help Me Hera: Do I even want the public sector job I might be about to lose?I’m on the wrong side of 40, I never pursued creative work and now my job is killing my soul. Help! Want Hera’s help? Email your problem to helpme@thespinoff.co.nz Dear Hera, May I start with the least original conversation opener you’re likely to hear around the motu at the moment, particularly in Wellington: ...14 hours ago
- ANZAC Day Wreath Calls For No Future Deaths From AUKUS“Never again - No AUKUS” was the message of the wreath laid at this morning’s national ANZAC Day commemorative service at Pukeahu National War Memorial Park this morning by the Stop AUKUS group. ...15 hours ago
- Swimmer does everything and more to get to Paris
Until this month, Auckland swimmer Hazel Ouwehand had never met a qualifying time in an Olympic event for a New Zealand team, even as a junior. Now she’s very likely off to the Paris Olympics after swimming well under the qualifying standard in the 100m butterfly twice – both in ...17 hours ago - Seize the dayWhile Anzac Day has experienced a resurgence in recent years, our other day of remembrance has slowly faded from view. The Sunday Essay is made possible thanks to the support of Creative New Zealand. Original illustrations by Hope McConnell. First published in 2022. The high school’s head girl and ...17 hours ago
- The first, forgotten Anzacs, more than 50 years before GallipoliAustralian and New Zealand volunteers fought together in the Waikato War, yet still its place in the Anzac tradition is unacknowledged by our defence forces or Returned Services Association. First published in 2018. When I was a boy cub I attended Anzac Day services in the South Auckland suburb of ...17 hours ago
- Poem for Anzac Day: ‘Hoki Mai’ by Tayi TibbleA poem by Wellington writer Tayi Tibble. Hoki Mai She kisses him goodbye with her eyes still wet and alight from their last swim in the Awatere river. At the train station celebration, she leads the Kapa Haka but her voice keeps breaking under and over itself like waves. ...18 hours ago
- Poem for Anzac Day: ‘My World War I Poem’ by Bill ManhireA poem from Bill Manhire’s 2017 book of verse Some Things to Place in a Coffin. My World War I Poem Inside each trench, the sound of prayer. Inside each prayer, the sound of digging. Image courtesy of Auckland War Memorial Museum. ...18 hours ago
- Book of the Week: Talia Marshall on living legend Ngāhuia Te AwekōtukuThere are three books I have wolfed down in one sitting over the last two years. Colleen Maria Lenihan’s gorgeous and sad debut Kōhine, Noelle McCarthy’s memoir Grand about becoming her mother and then unbecoming her, and now Hine Toa, a staunch yet gentle self-portrait by living legend Ngāhuia te ...18 hours ago
- Newsroom daily quiz, Thursday 25 AprilLoading…(function(i,s,o,g,r,a,m){var ql=document.querySelectorAll('A[quiz],DIV[quiz],A[data-quiz],DIV[data-quiz]'); if(ql){if(ql.length){for(var k=0;k<ql.length;k++){ql[k].id='quiz-embed-'+k;ql[k].href="javascript:var i=document.getElementById('quiz-embed-"+k+"');try{qz.startQuiz(i)}catch(e){i.start=1;i.style.cursor='wait';i.style.opacity='0.5'};void(0);"}}};i['QP']=r;i[r]=i[r]||function(){(i[r].q=i[r].q||[]).push(arguments)},i[r].l=1*new Date();a=s.createElement(o),m=s.getElementsByTagName(o)[0];a.async=1;a.src=g;m.parentNode.insertBefore(a,m)})(window,document,'script','https://take.quiz-maker.com/3012/CDN/quiz-embed-v1.js','qp'); Got a good quiz question? Send Newsroom your questions. The post Newsroom daily quiz, Thursday 25 April appeared first on Newsroom. ...18 hours ago
- Daily crossword, Thursday 25 AprilThe post Daily crossword, Thursday 25 April appeared first on Newsroom. ...18 hours ago
- High Court overturns Waitangi Tribunal summons to Minister for Children Karen ChhourThe minister was due to give evidence on Friday regarding the government's plans to repeal section 7AA of the Oranga Tamariki Act ...1 day ago
- Sydney University students set up Gaza solidarity camp as war marks 200 daysAsia Pacific Report Students and activist staff at Australia’s University of Sydney (USyd) have set up a Gaza solidarity encampment in support of Palestinians and similar student-led protests in the United States. The camp was pitched as mass graves, crippled hospitals, thousands of civilian deaths and the near-total destruction of ...1 day ago
- Most bees don’t die after stinging – and other surprising bee factsSource: The Conversation (Au and NZ) – By James B. Dorey, Lecturer in Biological Sciences, University of Wollongong Australian teddy bear bees are cute and fluffy, but get a look at that massive (unbarbed) stinger! James Dorey Photography Most of us have been stung by a bee and we ...1 day ago
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That is why the Natz wanted the mine concreted up!!!
Was Joyce still Minister for MBIE at this time? Who was Solicitor General?
” Discussions with an ad hoc panel assembled by Mr Stewart (which included senior managers from
WorkSafe, counsel and representatives of the Solicitor-General) were held during the week of 18 November and the matter was considered further at meetings on 26 and 28 November. At the 26 November meeting it appears that concerns were expressed about the “legality and propriety of considering an offer of a voluntary payment in the context of the public interest component of the prosecution decision”. Mr Stewart
acknowledged in his evidence that there were concerns expressed at the meeting as to the propriety of considering an offer of voluntary payment.
”
Who on earth was advising the group this was not a contravention? The same person who told Cabinet they legally had to pay the Saudi businessman? And who is this very bush lawyer from the last government?
For the record, the last Labour govt also has culpability in the lack of oversight of safety at this mine but not, obviously, for this decision.
All sounds “pretty legal” to me.
Touche brother!
This is shocking!
Ms Rockhouse said WorkSafe fought the families through the courts for four years to defend its decision, and it should not have fallen to the families to do the government’s job.
She said Pike River families were particularly angry to learn during the Royal Commission of Inquiry into Pike River that the head of health and safety at the Labour Department at the time, Lesley Haines, had told staff to “be seen to be doing something but in fact do nothing”.
http://www.radionz.co.nz/news/national/344595/lack-of-legal-avenues-shows-re-entry-vital-little
Thank You Helen!
Mike Heron QC was Solicitor General from 2012 to 2016
Indeed she would.
I heard one of the families being interviewed yesterday and they gave a really touching summary about Helen Kelly and the work she did to help them.
Sad that she was so demonised by the Right. Demonised by a myth about her ,not reality. She turned out to be “right” a lot of the time… The Hobbit, Pike River, even medical marajuana debate has shifted demonstrably and she had a part in that.
But the right hate working people, how else can it react to a smart, intelligent, and articulate women who defends the right of working people, except to vilify and deride?
As the media seem to be doung now with Ardern. Could Tim Murphy be more vacuous than his loose lips BS?
Poor Tim has gone full crusade mode since being named in the proceedings filed by Winston. He obviously had minimal notice of it as the night before he rushed out an article on how Winston was Muldoon Bogeyman 2.0.
His twitter feed has become a cesspit of borderline-defamatory stuff… hell hath no fury like a middle-class white man scorned. He is quite a good investigative journalist so it’s a pity for the government.
Okay, we have finally got to the stage that the SC has ruled that It was unlawful for WorkSafe to withdraw its prosecution of Pike River mine boss Peter Whittall, in exchange for payments to the victims’ families.
The current Government has the opportunity to set a direction and tone of how the Government/Crown/government interact with the people of Aotearoa. It is time for an inquiry looking into why the Ministry got to the point of agreeing to not submit evidence in the court case. What was the process, who was involved, what was Ministerial involvement (you remember that “no surprises policy”), who made the decision? And then, how to approach this in type of even in the future.
The argument that this is a long and complicated and expensive set of litigation has not deterred the Crown from pursuing Kim Dotcom or various criminals through 3 sets of trials. As to the unavailability of witnesses…… I am sure that the public would brand these people as immoral, untrustworthy and accomplices for for decades.
(Have you noticed how DOC has also decided not to submit evidence in some Environment Tribunal hearings? Do you think that this approach comes from a political directive?)
Yes I was wondering about No surprise policy too and who had the final legal word on what to do, from above.
Where’s the Board of Directors in all this? It’s not just Peter Whittall at fault. The Royal Commission found the Chief Executive AND the Board at fault for not ensuring health and safety standards. Who were they? It’s like they’ve crawled under a rock. Bet they were happy to collect their fees though.
There’s no law for this.
Because your mates opposed it.
I love all my west coast cousins, as they showed us ‘true grit’ and inspired us East coasters how lazy we were not to stand up against the beaurocratic bullshit we all face every day under the last nine years of torment under those repressive National mobsters, so hopefully we are now in a “warmer more caring society” as we need to be.
Helen, you are remembered with love and gratitude. You lit a path to truth.
All the barbs sadness and road blocks have been overcome because of you.
This is one of many victories you began. Rest in Peace good and loyal friend.
This is an incredibly interesting article and the comments equally so.
The frustrating thing is the fact Pike River is not the topic of conversation around every water cooler in the country. If NZ had any credible investigative journalist e.g Pilger-esk it certainly would be.
The whole saga reeks of corruption and white washing driven from the very top.