Posts by Rich of Observationz

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  • Legal Beagle: On Gell-Mann Amnesia; or…,

    A few things:
    - while the methodology for sentencing might be designed as fair, it's much more likely that a rich, white defendant is going to meet the criteria for leniency than a poor, brown one.

    - NZ's problem is acceptance of violence, not (so much) abuse of alcohol

    - allowing a discharge with conviction for violent offences reinforces this. I'd like to see that option abolished, unless it can be shown to be manifestly unjust to convict because of the circumstances of the offence, not the circumstances of the defendant. (Maybe that should be balanced with a complete erasure of a record after some years good behaviour, including non-notification of foreign countries).

    - why are there two offences based on the same conduct?

    Back in Wellington • Since Nov 2006 • 5312 posts Report Reply

  • Hard News: Friday Music: Apple and the…,

    How do Bluetooth headphones sound these days? I've always considered the best connector is no connector.

    (and while modern connectors are amazing triumphs of miniaturisation, they're also of questionable longevity and increasing difficult to hack with - compare the USB-A (4 pins, can be implemented as a piece of PCB) with the new USB-C (20 pins, reversible, tiny)).

    Back in Wellington • Since Nov 2006 • 5312 posts Report Reply

  • Speaker: Confessions of an Uber Driver…,

    Maybe NZIS should visit and check on these people's immigration status then?

    Back in Wellington • Since Nov 2006 • 5312 posts Report Reply

  • Speaker: Confessions of an Uber Driver…, in reply to BenWilson,

    Are their 'staff' you've come across New Zealanders (on contract, you'd think) or visiting Americans?

    Back in Wellington • Since Nov 2006 • 5312 posts Report Reply

  • Speaker: Confessions of an Uber Driver…, in reply to BenWilson,

    Why are cameras expensive - isn't it just a Go Pro, or do you have to use some kind of approved security camera service?

    Back in Wellington • Since Nov 2006 • 5312 posts Report Reply

  • Hard News: Orcon IRL: Vote Auckland,

    So if Thomas is advocating for candidates other than himself, what's the legal position with regard to campaign finance and so on?

    Back in Wellington • Since Nov 2006 • 5312 posts Report Reply

  • Speaker: Confessions of an Uber Driver…,

    My guess at a summary would be:
    - what Uber do is clearly defined in the new law as a 'small transport service facilitator' S55 (7)
    - A facilitator must be licenced (30J)
    - The 'person in control' of a licensed facilitator must live in NZ 62 (30L 1A)
    - The facilitator must keep records of journeys and drivers 70 (30ZD)

    Back in Wellington • Since Nov 2006 • 5312 posts Report Reply

  • Speaker: Confessions of an Uber Driver…,

    Back in Wellington • Since Nov 2006 • 5312 posts Report Reply

  • Speaker: Confessions of an Uber Driver…, in reply to BenWilson,

    A way of saying you can't make contracts to break the law?

    Exactly. (Well, you can, but the illegal bits aren't enforcable).

    But can the NZ banks be ordered not to process payments to specific offshore accounts?

    They can be ordered to do anything (almost). Firstly there's regular civil law such as garnishee orders, and then there's the Reserve Bank's powers.

    It's a fine point, but I'd argue that when an NZer makes a credit card payment to Uber, their bank holds the funds for the benefit of Uber until they settle with the credit card system. Those funds are a debt of the bank to Uber and can thus be garnished ( a court order diverting funds to a creditor, in this case the NZ government).

    Of course, the banks would claim stopping this money is hard. They'd probably have to write some special code that recognises and stops Uber payments - but having to pay your IT contractors money is not a reason for not complying with a court order.

    (and presumably they could use the same method US banks use to block some gambling transactions: http://www.reviewjournal.com/business/call-raise-fold-denied-banks-reject-use-plastic-online-gambling-sites)

    Back in Wellington • Since Nov 2006 • 5312 posts Report Reply

  • Legal Beagle: The Spinoff: Offensive and…,

    It's not a blog

    Ok, it's a website containing articles on matters of current interest. (BTW, don't call this a comment. It's an eclectic and erudite pontification. With links.)

    Ah gotcha: helpfully collated by the Law Commission.

    I'm not sure I agree with the idea that being a Real Journalist and agreeing to take wrist-slaps from the Press Council when delivered should entitle one to inside knowledge of Secret Things (like which AB has run off to join ISIS because the NZRB has got just too namby-pamby liberal. Ooops, maybe I shouldn't post that - the bloke who told me did mention some sort of embargo).

    Back in Wellington • Since Nov 2006 • 5312 posts Report Reply

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