Hard News by Russell Brown


Doing over the witness

Whoever compromised Cameron Slater's computer and copied some of his private communications almost certainly committed a criminal offence. The police should investigate Slater's complaint about the incident and, if they can confirm the identity of that person and have sufficient evidence, mount a prosecution and let them make their case in court.

What the police absolutely should not have done in a democracy was what they did last Thursday: send five officers to Nicky Hager's house when they knew he was absent, and have them spend 10 hours doing it over, remove what he described as "a large collection of papers and electronic equipment belonging to my family, including computers, drives, phones, CDs, an iPod and a camera" -- and then basically dare him to get his possessions and documents back via the courts.

Let's be clear here: Hager is not the accused. He is a witness. And the implications of what the police have done are very, very troubling.

It seems extremely unikely that the police will find the identity of "Rawshark", the source for Hager's book Dirty Politics and (presumably) the hacker, amid the property they have seized. Hager is meticulous about source protection and will have been especially so in this case.

But Hager also typically works on several investigatve projects at once (he referred recently to an ongoing project on secret tax havens). It's possible that the material taken could compromise sources, or embarrrass the very authorities who have seized it. The very fact of the search may deter future whistleblowers.

At any rate, this seizure by the state will now make it more difficult for Hager to work, and for members of his family to go about their business. If it was not a deliberate attempt to intimdate a journalist, it unquestionably functions as one.

Anyone in any doubt about Hager's legal position in using the material he received in the public interest should bear in mind the comprehensive failure of Slater's civil action to retreive similar material from the Herald, Fairfax and Mediaworks. Slater recently abandoned the action altogether, leaving himself on the hook for what may be substantial legal costs. Even his one small win -- an undertaking from the media companies not to publish personal material -- is now void. I gather the media organisations involved will nonethless take the high ground -- which is a courtesy Slater's victims have never enjoyed.

Those who welcomed the raid on Hager's house -- Bill Ralston included -- are effectively saying that the state should now visit the same punitive action on those media companies, whose journalists have also made contact with the hacker. They should then ask themseves exactly what kind of country they actually want to live in.

That won't happen, of course. Which makes what happened last Thursday look all the more like intimidation.

The police have also set themselves a potentially unfortunate standard with respect to the criminal complaints made against Slater -- including those with respect to his accessing of private data from a Labour Party computer and, more seriously, an apparent conspiracy to undermine the Serious Fraud Office and the Financial Markets Authority, and intimidate a witness with whom they were dealing. Will the police now turn up and search, say, the Prime Minister's office?

If Hager's work has been impaired for the time being, the other journalists will continue theirs. At least one of those journalists has now completed a substantial post-election story based on Rawshark material. It's just a matter of when it will be published.

Slater will, no doubt, continue to profess his virtue. His curious distance from his own actions was captured neatly in his post on Whaleoil yesterday:

Journalists call people they write stories about. Journalists give people a right of reply. Journalists tell the whole story, not massaged narratives that suit their politics.

Yeah, really.


Home advantage

Home advantage is one of competitive sport's key tropes. It is regarded as such an important influence on the outcome of football matches -- in which it is rare to win with a lead of more than a goal or two and draws are common -- that in some home-and-away tournaments, away goals count double.

Sometimes home advantage takes on mythic proportions. It is, remarkably, 20 years since the All Blacks lost at Eden Park. (I was there and it was not a good day.)

There are any number of reasons that home advantage might matter: familiarity, knowledge of local conditions, players are happier near to their loved ones and, of course, the motivating infleunce of a partisan home crowd.

After the All Blacks' loss to the Springboks at Ellis Park over the weekend I think it's become clear that in modern international rugby, there is a new element to home advantage: control of the television pictures.

Let's be clear about this: the Springboks richly deserved their win. Their backs played some fluent, creative rugby, they have a new star in Handre Pollard, and their forwards unsettled the All Blacks in a way few sides have done in recent years. If nothing else, they showed how well you have to play to beat the current All Blacks.

But after an impressive All Black comeback, the match turned on Patrick Lambie's long-range penalty in goal in the dying minutes of the game. Both Wayne Barnes (who had a pretty good match) and his assistants missed the incident that led to the penalty and play had moved on well down the field, where the All Blacks were about to feed a scrum.

But the South African TV team saw it and replayed the footage. We viewers saw it and so did the crowd at the ground, who responded noisily.

The South African captain Jean de Villiers eventually asked Barnes if he would check the replay and Barnes (although he had told Kieran Reid in the first half that he could not check a replay at the request of a player) then asked his assistant ""Is there anything to have a look at?"

There was. Back in the Bok half, Dane Coles had tackled Schalk Burger around the ankles, meaning he fell into the tackle of Liam Messam and copped a fair old whack on the head on the way down. It was, everyone agrees, an accident, the kind of thing that is sometimes penalised, sometimes not.

But after the impact had been played through several times in close-up, with the crowd roaring, there was little scope for Barnes to not award the penalty --- on the basis that Messam had made contact with Burger's bonce.

Would it have played out the same way in Auckland, or any other ground in New Zealand? No. We'd have had the home TV advantage. The replays would have been celebrating Reid's good work in securing the scrum feed the All Blacks would otherwise have been having. We've benefited in the same way before, I'm sure.

So yes, great win to the Boks. But the much greater role of video replays in the modern game might cause an interesting situation in next year's Rugby World Cup in Britain Let's say it's a dour semifinal that England have managed to keep close but the All Blacks seem to have secured it. And then a possible offence 40 metres away starts looping in the TV coverage and on the big screens at the ground. Can it be ignored? And is there such a thing as a neutral host broadcaster?


History repeats: New Zealand's history of drugs and the law

The New Zealand Drug Foundation has posted the cover story I wrote for the current issue of its Matters of Substance magazine. It covers our history of substance use and abuse, the laws that have attempted to control them and the ways that psychoactive drug use has steered and responded to popular culture.

I've been regaling friends with elements of it ever since I filed the copy. Do you know that in the 1940s, New Zealand had the highest rate of heroin use in the world -- because doctors commonly prescribed it? Or that New Zealand had medical cannabis  (it was prescribed for migraine and hypertensive headaches) well into the 1950s? The United Nations and the World Health organisation had to prevail on our government to end both practices.

I also looked at the Mr Asia years, when the network that imported and distributed both heroin and cannabis was so pervasive that many of today's outwardly respectable baby-boomers have some story or other in connection with it. Tens of thousands of them also suffer from Mr Asia's great long-term consequenece: the silent epidemic of Hepatitis C.

The arrival of (or sudden attention to) new drugs takes a familiar pattern over the decades. Way back in the 1930s, the Auckland Star ran a glossary headed ‘Argot of the Dope Fiends’ (“H” for heroin, “Candy” for cocaine and “Happy dust” for “any powdered dope”). There is typically a panic and a crackdown but very few drugs actually disappear. In recent years, the cycle has picked up speed and the drug panics turn over more quickly.

And still, we pass laws. In Matters of Substance itself, I listed our most significant drug legislation in a sidebar. That's not online yet, so I've included it below in this post. We've been trying at this for a long time now, and you still cannot say we really know what we're doing.

NB: I'd really like to thank David Herkt for his help and advice on this story. His three-part documentary High Times: The New Zealand Drug Experience was very useful.


Poisons Administration Prevention Act 1866

The first attempt to control the sale of readily-available drugs such as laudanum and opium required only that the identity of the purchaser be recorded.

Sale of Poisons Act 1871

The first attempt to restrict the sellers of drugs to those on a register of licensed dealers.

Customs Law Consolidation Act 1882

Confined the importation of opium to larger vessels at specified ports.

Opium Prohibition Act 1901

New Zealand's first anti-drug statute targeted Chinese immigrants. It banned the smoking of opium and its importation for smoking and was amended in 1910 to specifically ban any Chinese person from buying opium without a prescription.

Quackery Prevention Act 1908

The first consumer protection legislation around drug sales.

Dangerous Drugs Act 1927

Made it an offence to import, produce or deal in a range of drugs, most of which remained available on prescription.

Poisons Act 1934

Defined certain drugs, such as barbiturates, as "prescription poisons" available only on prescription.

Narcotics Act 1964

Ratified New Zealand's commitment to the 1961 UN Single Convention on Narcotic Drugs. Covered more than 100 substances, from LSD to opium and cannabis. For the first time, the law made a meaningful distinction between possession and "dealing" and defined quantities at which dealing was presumed. Reversed the onus of proof, provided for warrantless searches and, as Ray Henwood put it in his 1971 book A Turned On World: Drug Use in New Zealand, smacked of "using a cannon to kill flies."

Misuse of Drugs Act 1975

Serially amended since, but still the applicable law, the MODA introduced the three schedules, A, B and C, based on the assessed harm caused by individual drugs and, inline with the recommendations of the Blake-Palmer report, set much lower maximum penalties for personal use or possession. Notable amendments include those in 1988 and 1996, which made the law automatically apply to drug analogues (substances that have a substantially similar chemical structure to that of a controlled drug).

The Pyschoactive Substances Act 2013

A work in progress.


Friday Music: Festival of Non-Dudeyness

It's a part of the Laneway festival's brand that that it's six months ahead of the curve: so that at the time each year's lineup is announced you won't have heard of most of the acts, but will be positively gagging for them come show day. But if you pay anyattention to the alt-pop-indie-dance world, you should certainly be familiar with more than a few of the Laneway 2015 artists revealed this week.

Lykke Li, St Vincent and Little Dragon are all both established festival artists and emblematic of a remarkably non-dudey bill. There are literally more acts fronted by women than not, and that extends to the local lineup. I was partcularly hoping that Courtney Barnett would be there -- and yes, she is.

I'm also pretty excited about Jakob, Race Baynon, Flying Lotus, Jon Hopkins and Jungle. This is a very good bill, basically.

I know there wll be quite a few of you very excited at the presence of Belle & Sebastian, who are coming here for the first time and playing only the New Zealand show. Spare a thought for those of us who would have loved to have seen the Canadian electronic producer Caribou -- who is playing the Australian dates but not coming to New Zealand. Our loss is your gain, and you owe us.

On the other hand, check out the bill for Laneway's first foray into the US, in Detroit, featuring The National and Sigur Ros. (Actually, to be honest, I'd rather be in Auckland.)

There are plenty of relevant artist links on the Laneway lineup page, but if you'd just like to hear the music, Lennart Nout has helpfully organised a Laneway 2015 playlist on Spotify.


Splore is also back in 2015 -- on an annual rather than a two-yearly cycle -- and has made its first artist announcement, which includes Trinity Roots, Lunica and, again, Race Banyon. There will be more to come.


Thoughts on the new Lorde single? It's not a pop record so much as it's hitched to the task of expressing the Katniss character in the new Hunger Games movie, whose soundtrack Lorde has curated. That part's lost on me, but I like the big-ass chorus here:

Also, something that sounds like the soundtrack for a film that hasn't yet been made, the video for 'Blind Them With Science', the first single from Jakob's forthcoming album Sines:


Another Friday, another gift from Chelsea Jade. The pulsing 'Visions' is officially the first single from her forthcoming Beacons EP, and it's an exclusive to Red Bull. Go get.

Meanwhile, the video for last week's treat, 'Night Swimmer', is now on YouTube:


Margaret Gordon's eponymous documentary about Christchurch cult band Into the Void gets a non-film-festival screening at the Academy in Auckland on October 17, to be followed by a an actual gig by the band at Whammy bar. I'll have more details that week.

Also well worth a look, Vice's profile of the Kerosene Comic Book music blog and the artist community clustered around it: Totems, Race Banyon, Skymning and Career Girls.

At Audioculture, Gareth Shute lists New Zealand's Top 10 songs about the the weather.

Lawrence Arabia is touring again -- and you'll want to be in swiftly on his two Auckland shows, which are are the Lucha Lounge and the Wine Cellar respectively. Both venues are very much on the intimate side.

Dubdotdash  looks at a pretty special Sun Ra compilation on the Strut label.

And, as Fleetwood Mac begin a world tour that seems likely to bring them here, Stevie Nicks has given an interesting, and revealing interview to Billboard.


SJD is back. Sean James Donnelly has posted the first track from his forthcoming (ie: early next year) new album Saint John Divine. With its big, warm Lou Reed-ish strum, it could hardly be more different to Elastic Wasteland.

At TheAudience, a sweet, easygoing indie ballad from Christchurch duo The Response:

Also on the Laneway bill, the mischievous Auckland hip hop duo Heavy:

This week, I've been really enjoying Wonder Where We Land, the new album from SBTRKT. It's slinky, skitterish, slyly funky. You can buy it in all manner of formats at Bleep.com. Here's a taster:

I really like Tory Y Moi mainman Chaz Bundick's dance side-project Les Sins, so I'm pleased to see there's an album coming. If this taster is anything to go by, he's moving from deep house to supple funk:

Christchurch-based Martin Jay (aka Murky Waters) has a little fiddle with this classic deep house track:

The Reflex has posted his brilliant edit of Michael Jackson's 'P.Y.T.' as a free WAV download. Compulsory party fodder:

And finally, I've never heard the original of this, but Thomas Jack's chugging remix is pretty nice:


The Hard News Music Post is sponsored by:



A message from The Fabians

Dear Fabian Friend

Narratives from the 2014 Election: what do we learn?

A Fabians Reflection on Dirty Politics, Dotcom and Labour’s worst result.


Sue Bradford, Russell Brown and Kirk Serpes.

Thursday 16th October in the Owen Glen Building, Lecture Theatre 3 (basement level)

You are invited to attend a debrief of analysis and lessons for the 2014 election campaign, a campaign that had so much to offer on so many levels and continues to remain fascinating.

The panel for the session are:

Sue Bradford such a well know figure in the New Zealand political landscape and a recent speaker on the research she has done of the New Zealand Left. Sue has been keen on this debrief for some time. There is so much we need to think afresh.  

Russell Brown, with his Public Address site and the very significant Media Take programme on Maori TV, provided the best place to go throughout the campaign to make sense of it. He has used the word shellacking to describe one part of the election outcome!

Kirk Serpes, Founding member; Generation Zero. Initiated campaigns to inspire people to move up the ladder of engagement. Worked in digital media (Auckland Transport blog), led New Zealand delegations on climate change and worked for GetUp (US) and Oxfam. .

Look forward to seeing you there.

University of Auckland, Owen Glen Building, Lecture Theatre 3, (level 0) 6.30pm, Thursday 16th October 2014.

Please register here and please pass on this invitation to anyone else you think may be interested.

Join the Fabian Society or donate to its work

The Fabian Society depends on the voluntary contributions of its members and its speakers. If you would like to join the Society you can do so here. Please note that the site does not accept money or credit cards so you can either send a cheque to PO Box 6351, Marion Square, Wellington 6141 or by EFT to Kiwibank NZ Fabian Society 38-9010-0380941-00. Donations are also welcome and can be made by cheque or EFT transfer as stated.

Kind regards                Mike Smith                 Chairman.