Public Address: Legal Beagle

On Consensus

Graeme Edgeler — Wed, 15 May 2013 00:20:00 +1200

It appears that there will be no major changes to our MMP system before the next election.
I'm okay with that. While I support each of the recommendations in isolation (I think the 5% threshold is too high, and the one-seat rule gives unequal power to arbitrary groups of voters), I also recognise that not everyone agrees with me. Just because I think the recommendations would be an improvement over the status quo doesn't mean they should be enacted. The referendum set up a process by which there would be a review, but how should you have voted if you…

$420,259.33

Graeme Edgeler — Mon, 13 May 2013 07:30:00 +1200

On 9 May 2013, the Labour Party Secretary filed a donation return with the Electoral Commission, in respect of four payments it received via The Public Trust, from the Estate of Brian James Dalley:
$411,500.00 received on 23 April 2012, $7,250.00 received on 2 May 2012, $1,282.50 received on 24 July 2012, and $226.83 received on 27 July 2012.
Section 210C of the Electoral Act 1993 requires a party secretary to file a donation return within 10 working days of receipt of a donation if that donation exceeds $30,000, or if that donation, together with any other donations (that haven't…

A little known story of the Māori seats

Graeme Edgeler — Fri, 22 Mar 2013 07:30:00 +1300

On March 5, New Zealand held its census. And for four months starting next Monday, 25 March voting-age New Zealanders of Māori descent will have the option of switching between the Māori and general electoral rolls. The results of the census, and the Māori Option will be used to draw electorate boundaries for the next two general elections.
My post in late 2011 looking at the legality of this year’s Māori option is – as I predicted and as was predictable – now of academic interest at most. But there is an older – and I suspect, very little known – story of substantial…

On Burglary, or: Dropping the Ball

Graeme Edgeler — Fri, 22 Feb 2013 07:00:00 +1300

Some time later this year the Criminal Procedure Act will enter into force. There are major changes to the procedure, many (I suspect most) for the better. It also contains the first amendment to the New Zealand Bill of Rights Act that reduces the rights contained in it, instead of extending them.
It's a pretty big deal. But the discussion on these procedural changes has been done. My posts here and here have some of the details.
But the changing of some of the processes, has meant substantive changes were needed to our criminal laws. In particular, the removal of…

A four-year parliamentary term?

Graeme Edgeler — Fri, 08 Feb 2013 08:50:00 +1300

The Constitutional Advisory Panel has kicked off its public consultation efforts. One of the issues the panel will look into is the term of Parliament, most likely by assessing whether whether it should be increased to four years, and whether we should have a fixed election. Of all the matters it is discussing, this seems likely to be the one that is most likely to see some traction.
The Prime Minister, John Key, and the Leader of the Opposition, David Shearer, have both come out in favour of increasing the term to four years, as have the leaders of a…

The hopeful disallowance of the New Zealand Teachers Council (Conduct) Rules 2004

Graeme Edgeler — Mon, 21 Jan 2013 06:30:00 +1300

I read David Farrar's post on the secrecy with which the New Zealand Teachers Council Disciplinary Tribunal conducts its hearings, and, like David, was disturbed with what I read in Kathryn Powley's Herald on Sunday article. The Teachers Council Disciplinary Tribunal doesn't just claim a power to suppress sensitive information, but rather has rules which automatically suppress all information, instead allowing people to seek official permission before publishing particular information.
David observed that "...the rule should be repealed or amended. If the Council won’t do so, then the enabling legislation should be amended."
My first thought was to comment in…

Kim Dotcom: all the fault of the Immigration Act?

Graeme Edgeler — Sat, 06 Oct 2012 08:00:00 +1300

David Fisher has an article in the Weekend Herald looking at the claims that the illegal interception of Kim Dotcom's communications arose from a mistake cause by a change in our immigration laws, and that had the old immigration laws (under which Kim Dotcom actually applied to immigrate) been in place, the surveillance by the Government Communications Security Bureau would have been permitted.
Fisher sought confirmation of his analysis from three lawyers - Emeritus Professor Jim Evan, quoted in the online version of the article, was one, and I was another - and I think Fisher has a pretty good…

Kim Dotcom: We need an Inquiry!

Graeme Edgeler — Wed, 03 Oct 2012 09:25:00 +1300

After details of the unlawful spying by the Government Communications Security Bureau on Kim Dotcom became public, I called for a police investigation. Charges may not be appropriate, but I think there has been offending, and there is clearly enough to investigate. In interviews on both TV1's Q+A, and TV3's The Nation, former Prime Minister Sir Geoffrey Palmer raised the possibility of both civil and criminal consequences following from the unlawful spying.
Sir Geoffrey spoke against the holding of a broader public inquiry - essentially arguing that seeking to get our spy agencies operating effectively by holding a transparent inquiry…

Dotcom spying: Crown criminal liability?

Graeme Edgeler — Mon, 01 Oct 2012 06:30:00 +1300

In my last post, I explained why I consider - based on the limited evidence available - a criminal offence has been committed in relation to the interception of Kim Dotcom's communications by the Government Communications Security Bureau.
In the media release announcing his police complaint, Green Party co-leader Russel Norman says: "The GCSB appears to have breached s216(B) of the Crimes Act, which bans interception of private communications."
But although I think an offence has been committed, the suggestion that the GCSB has itself committed an offence is fraught.
Can "the Crown" be held criminally responsible for breaking the…

Kim Dotcom vs. The Teapot Tapes

Graeme Edgeler — Sun, 30 Sep 2012 09:30:00 +1300

Last week, when various calls for further investigations into the GCSB investigation of Kim Dotcom were being made, I was asked what type of inquiry I thought was appropriate. I think they wondered whether it should be a Ministerial inquiry, a Commission of Inquiry, or something else like that. My immediate response was that it should be a police inquiry.
I understand Green Party Co-Leader Russel Norman made such a complaint on Friday. The complaint has been dismissed as a political stunt - Dr Norman released an extensive media statement directly invoking John Key's police complaint over the recording of…