Posts by FletcherB

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  • Legal Beagle: Q&A: John Banks' judicial review,

    On the topic of Bank not having signalled he's interested in a judge only trial, but still having that option...

    It occurs to me (no legal training) that judges are more likely to follow the written word of a law even if it defies "common sense" and also, are more likely to know exactly what level of evidence constitutes proof beyond reasonable doubt as compared to say, merely suggesting something is likely.... They are also more likely to completely ignore someones public persona, and stick to what's presented in court, ignoring all "previous knowledge" of a subject.

    On the other hand, a jury while trying to follow these ideals, is far more likely to let these things influence them.

    If the evidence or points of law presented are at all marginal, or not quite as clear-cut as they seem to be (as presented in the media over the past few years), I think Banks reputation and public persona would likely see him more likely convicted by a jury than a judge, but his own opinion of his reputation and persona might not allow him to see this, or accept it if offered as advice.

    Short version- I expect he probably thinks he has a better chance with a Jury, but in fact would have a better chance with a judge.

    Comments?

    West Auckland • Since Nov 2006 • 893 posts Report

  • Hard News: Friday Music: The First Time,

    International: David Bowie @ Western Springs on his Glass Spider Tour (1987?)

    My recall of that concert:
    Great Band, Great lights, Great Dancers, and a Mr Bowie who was obviously sick and tired of the tour and was clearly just going through the motions...
    (it was the very last date of a 7-month-86 concert world tour )

    West Auckland • Since Nov 2006 • 893 posts Report

  • Hard News: Friday Music: The First Time,

    Update: just remembered: also during primary school- year/age forgotten… Being bus-ed to the Moorrabbin Town Hall to see Melbourne Symphony Orchestra playing a selection classics for kids, theme from Peter and the wolf, 1812 Overture, Flight of Bumblebee, and such… including conductor explaining different sections (i.e., brass, woodwinds, strings, percussion, etc.) of orchestra and how they all sounded different but worked together… was fun and educational!

    I dont recall if our whole school went, or just several classes… but the same thing was obviously happening for many other nearby schools at same time… I’d never seen so many kids (or busses) in the same place at once.

    West Auckland • Since Nov 2006 • 893 posts Report

  • Hard News: Friday Music: The First Time,

    First concerts with parents? I Don’t recall them as I was a baby in a bassinet… many and various Jazz concerts and gigs

    First concerts with that I recall (with parents). Melbourne City Council sponsored “FEIPS” (free entertainment in parks) a whole summer afternoon/evening of various big-band and small combo Jazz at the Meyer Music Bowl, several years in a row around 1975 or so… memorable for the music, the picnic food, and the running away into the park to climb trees, throw “dry ice” nicked from the caterers into the streams, and catch yabbies (fresh-water crayfish) with both old friends and ones made that day… (age 7-9)

    School lunch-time concert The Mockers in 1982 or 3…

    First international concert: Dire Straights 1986 at Mt Smart- Brothers in Arms tour.

    First pub gig: Helping set-up (ie. “roadie”) friends of my brothers, Hoi Poloi at the Gluepot (aged 17 or so)

    Near miss: In 1984 (fifth former) I asked my mother if I could catch a bus into town after school to see the Aotea Square free concert which turned into the Queen St Riot… She declined, but mainly due to a misunderstanding of the nature of the event… turns out she would have been happy for me to go if she’d known what it a was (before things turned sour). Never so glad of being declined permission before or since…

    West Auckland • Since Nov 2006 • 893 posts Report

  • Capture: From Deco to Eco, in reply to Sofie Bribiesca,

    Oh, found the staircase….

    It's hard to miss... :)

    West Auckland • Since Nov 2006 • 893 posts Report

  • Hard News: Friday: A happier place, in reply to Helen Marie,

    Feeling good feels.

    That's what it's all about....

    So many good songs posted here I could make individual comments on...

    But Feeling good feels, sums it up brilliantly...

    P.S... loving the Aretha Soul Train vibe.... Introduced to her by Blues Brothers but loving the back catalogue....

    West Auckland • Since Nov 2006 • 893 posts Report

  • Legal Beagle: Fact check: Q+A on mayoral…,

    I am not a lawyer, and I've only read the bits (of the act(s)) you've posted... but heres a way you could read it to fit Boag (and Polino's?) reading...

    Your term of mayoral-ship is from signing in to signing in... Which is a week or two after most elections.

    An election decides who get in at the next signing in... but an election is NOT the end of your term as mayor... signing in the next one (possibly the same person) is the end of the term. After an election, but before official results confirmation... who gets signed in for the next term is not yet decided/known...

    So if any mayoral (or other elected) candidate withdraws after the election but before the official results/signing in... thats EXACTLY the same as as if they withdrew any-time in the previous 12-months... There's an election soon and we'll muddle by with an appointed replacement until the results of the "next" election are known... oh-my-goodness, the "next election" has already been held?



    And now I've seen Steve Todd's far more thorough post than my own suggesting that any earlier than a 2010 amendment this is almost exactly how it could have played out?

    West Auckland • Since Nov 2006 • 893 posts Report

  • Hard News: Everybody's Machiavelli, in reply to Russell Brown,

    His name’s Dave. I know that.

    There's a lot of Daves... might have to cull the list a bit to narrow it down?

    West Auckland • Since Nov 2006 • 893 posts Report

  • Cracker: Johnny Foreigner & the Auckland…, in reply to linger,

    Which incidentally brings me to one of my pet peeves: New Zealand birth certificates have an expiry date, and have to be “renewed”.

    Um… are you sure? I have a 2002 and a 2004 example in front of me, and I cant see any expiry date, and I’ve just read all the fine-print to make sure.

    West Auckland • Since Nov 2006 • 893 posts Report

  • Cracker: Johnny Foreigner & the Auckland…, in reply to Jim Welch,

    I keep seeing this, like giving your passport to your lawyer along with the million pieces of paper you have to provide to complete a property purchase is such an outrageous idea. It seems to me a small, easily satisfied requirement. If you don’t have a passport, I’m sure a copy of your birth certificate would do it.

    It’s no big deal if you’ve got one… but if you dont have one, it could be a problem.

    Who in NZ is likely to not have a passport? Any immigrant, whether legally resident or just visiting, is likely to have one . Any NZer who’s travelled overseas will have one (even if expired), but seeing as travelling overseas is not a requirement of purchasing property.. it’s likely that most property purchasers who don’t have a passport are NZers… except for the Australians who came here before 1982 (or so?) when passports were not required for Australians to enter.

    But then… lets say you HAVE a passport… but choose not to present it… maybe you want to pretend to be a NZer when you’re not really one?

    A birth certificate is not a bad idea… but we don’t all have them… they cost money and time to get. I have them for my kids because I chose to pay the (small) fee when they were born… but I assume this is not universal? I have no idea how long it takes to procure one from internal affairs if you dont already have one? How long can you hold up a property sale to determine if the purchasers are allowed to buy?

    None of these issues are insurmountable… but having to invest $150+ and six weeks advance planning in a little book just to prove you're allowed to purchase is quite a change of culture from simply signing a sale/purchase agreement with vendor or agent, swapping lawyers details, and making sure the funds are available…

    West Auckland • Since Nov 2006 • 893 posts Report

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