No deals with the US

So, Shame Jones is officially trying to sell our country to Donald Trump, by negotiating a secret critical minerals deal behind everyone's back. My immediate reaction - along with a lot of other people's - is "fuck that"! And there are all sorts of good reasons why we should not be pursuing any deals with the US - and the Trump regime in particular - at present.

Firstly, there's the US's present status as a rogue nation. Aotearoa depends on a rules-based international order, but as Canadian prime minister Mark Carney pointed out, the United States has destroyed that order. We should not be rewarding them for doing so. Instead, following Carney's suggestion, we should be working with other like-minded countries to reconfigure the international order around the US. Which means no deals.

Secondly, there's Trump himself. It ought to be obvious to any observer by now that Trump does not regard any "deal" as binding on him, instead viewing them as a form of criminal interview, testing whether his chosen victim will resist escalation or comply. Just look at his various "deals" with Canada: he broke NAFTA to force them to negotiate the USMCA, then broke that by imposing tariffs, then broke the settlement he reached on that with more tariffs, and on and on it goes (Trump is currently threatening tariffs against Canada for making a trade deal with China, and is going to ground half the US domestic air passenger fleet by attacking the Canadian aircraft industry). So there is simply no point to making any "deal" with him, and instead we ought to be refusing to on principle, simply because his word can't be trusted.

And then of course there's the fascism... should we really be supplying critical minerals to a fascist state who will use them to wage war on the world (and on China, our largest trading partner) and oppress its own people?

We should have no fucking part of any of this. Even if you thought the US was once our ally, that situation has clearly changed. The US is now a nakedly predatory power, openly threatening its allies while working with imperialist Russia to enable aggression. I don't think any New Zealander wants that sort of world. And while Trump won't last forever, the underlying dynamics in the US political system which have brought them to this don't seem like they'll change any time soon. We shouldn't be making deals with them under these circumstances. Instead, we should cut them out of our lives as much as possible, and work with like-minded nations to build a new world system which does not depend on them. A regime which meets this situation by seekign deals with the US are simply quislings and traitors.

ACT supports slavery

Good news today, as a coalition of Labour and National MPs have teamed up to bypass the biscuit tin and force legislation against modern slavery onto the order paper. Its the first time that particular mechanism has been used, but its unusual that its been used for this issue. Chris Luxon has said this is a personal priority of his that he would "march in the streets" for, and the New Zealand government has promised legislation targeting it in both its UK and EU free trade agreements. Yet nothing has been done. Why not? Because regime coalition partner ACT, which holds the "workplace relations" portfolio, has consistently opposed it. In 2024 they disbanded the government working group on the issue, and their opposition around the Cabinet table prevented government action. A former ACT leader has also written in support of historic chattel slavery - with whips and chains and rapes and murders - which tells you that this support for the most abusive forms of exploitation is built into the DNA of the party. For them, anything goes, provided a rich person can make a buck out of it.

So, we have a member's bill instead, so it'll get done, though slower than it should. Meanwhile, the ACT party has really shown us what it stands for. And having done that, it should be driven out of our society permanently. Slavery is a crime against humanity, and slavers are our common enemies. There should be no place in our politics for supporters of this atrocity.

Naked cronyism

Judith Collins, the toxic piece of shit responsible for National's campaign of dirty politics, is finally retiring. Yay! But we're not rid of her yet, because in a parting gift (and an effort to continue her malign influence), she'll be appointed as president of the Law Commission.

The appointment is naked cronyism, a retirement package to ease her way out the door. As president of the Commission, Collins will be paid over half a million a year - more than the Prime Minister. She's not unqualified for the role, and if this appointment had been made five or ten years after she had left politics, then it would have been far less controversial. But the Law Commission is meant to be a politically neutral expert body advising on law reform - and there is simply no way Collins, with both her reputation and recent political involvement, can meet that part of the brief.

Meanwhile, looking at the list of the Commissions current projects - which include hate crimes and director's duties and liabilities - and you can see all sorts of ways for a far-right scumbag like Collins to put her thumb on the scale, and distort the direction of our law for decades (let alone of the Commission is requested to examine terrorism or protest law). But then, the solution to a politicised Law Commission is for elected governments to keep throwing its reports in the bin. But then, there's simply no point in having such a body - and paying Collins half a million a year - if that is the result.

As I've said on other crony appointments, this corrupt culture of political cronyism around public service positions has to change. Appointments should be made on merit, not on connections or patronage, and appointees should be able to demonstrate they meet basic political neutrality criteria. Politicians have repeatedly demonstrated they are incapable of doing that job properly, so its time to take it out of their hands, and give it to an independent appointments body. That is the only way to end this corruption in our political system.

The Electoral Commission refuses to play along

When National introduced its voter suppression law in a naked effort to rig the next election, they said it was all about saving time and producing faster election results. But now we have an election date, and the Electoral Commission has published its timeline, showing they will be taking the usual 20 days to count the votes properly. And they're clear why: they expect the number of special votes to increase, rather than decrease, thanks to National's voter suppression efforts:

But the Electoral Commission’s chief electoral officer Karl Le Quesne made clear to The Post the date would not change.

“We need to plan for what could happen. We have allowed 20 days to declare the official results because we are forecasting an increase in special votes, including overseas votes. Even with the enrolment change, we expect many people to enrol or update their details after writ day which results in special votes,” Le Quesne said.

“The date for the release of the official results is not legislated or set in stone, but it’s important to allow time to get the final results right.”

In response, Justice Minister Paul Goldsmith seems to be trying to unlawfully direct the Commission to take less time, in direct contravention of s105 Crown Entities Act. Naturally, there's no penalty for that - there never is when the government behaves illegally - but its another example of the fundamentally unconstitutional approach of this regime.

Meanwhile, if you don't want to get caught by National's voter suppression law, make sure you are enrolled, and get your friends and family to check too. They have not yet corrupted the system so fully that we cannot vote them out, but we better take the opportunity to do that now, because we may not have the option if they get another three years.

Climate Change: Murderers

Aotearoa is currently in the tail end of our first climate disaster of the year, with flooding in Northland, Tairawhiti, and Coromandel, and slips in Mount Maunganui. Two people are already confirmed dead, and more are still missing. The government has been out-to-lunch for most of it, but they've finally realised that the "working from home" prime minister needed to put in an appearance. But when he did, he was greeted by climate protesters. Because while the regime is in denial, ordinary people can see the clear links between these disasters and regime policies.

Weather disasters are worsened by climate change. And this regime has done everything it can to make climate change worse. They've repealed all effective climate policy, destroyed the ETS, and rejected He Pou a Rangi's recommendations for tougher targets. They are a death cult whose policy is to let it burn. And people are dying as a result.

The regime as good as murdered those people in Mount Maunganui. How many more will we let them kill? This regime has to go, and the sooner the better.

A zombie regime

So, here we are: in accordance with constitutional convention. Luxon has announced the election date as 7 November. Meaning that his regime has only 290 more days before we get to vote it out on its arse.

But while the regime will hold office right up to election day (and a little beyond, under the caretaker convention, if things go well), its effective power to enact policy will end sooner. Parlaiment will likely rise on 24 September, so no more new laws after that. And if this was a normal, democratic government which respected the parliamentary process, that would mean that legislation would have to be introduced and sent to committee by March to be passed by the end of September. But this isn't such a government. Instead, it is an anti-democratic one, which seems to positively revel in abusing urgency and passing legislation with no notice - so they'll be ramming shit through all the way to the end. But even then, the ability of the public service to write policy is limited, and while the regime likes to shorten that as well, there's still a minimum amount of time - probably about six months if they want it done well, or maybe three if they're happy for a complete shitshow which has to be fixed later. Which means that if policy isn't announced by April or June, it probably isn't happening this term. And if we de-elect the regime, it probably isn't happening at all.

Even if the regime abuses urgency all the way to the end, everything they do can be reversed. Its fundamental to our constitution that no parliament can bind its successor, so what they enact can simply be repealed. That doesn't undo the harm caused in the interim, but if legislation hasn't come into force, then it can be as if it never happened. The next government needs to make this a core part of its programme. Labour will have a big agenda here on restoring workers' rights, and good on them for that, but immediate repeal also needs to extend to National's flagship policies of destroying te Tiriti, fast-track, voter suppression, climate denial, and of course the Regulatory Standards Bill. It all needs to go, as quickly as possible. We need a Treaty Restoration Bill, a Corruption Repeal Bill, a Democracy Restoration Bill, a Climate Defence Bill, and a Constitution Restoration Bill. Or just shove it all in one as an Omnibus Repeal Bill. Do unto National what they did unto Aotearoa, and chuck everything they did out on the first day. And if they don't like it, well, they chose to govern like that, so they can have it right back.

People are sick to fucking death of austerity and NeoLiberalism, of government that simply makes excuses rather than solving problems. We've seen both here and overseas that government can get shit done when it wants to. We want it to. It is time for the opposition to rise to that challenge, tell us how it will use government power to make our lives better. And if it can't, well, fuck them; they'll lose to the most hated and incompetent regime in living memory, and they'll have no-one to blame but themselves.

Coalition of cronyism

Another day, another naked crony appointment from the regime. This time its gun minister and former gun lobbyist Nicole McKee appointing fellow gun loonies to the Ministerial Arms Advisory Group:

The search for two new members took place last year after four MAAG members came to the end of their three-year terms. McKee decided to reappoint two (Shayne Walker and Debbie Lamb) and cut two (Yasbek and Helene Leaf).

McKee also agreed to the Ministry of Justice seeking nominations through “agencies, ministers, Cabinet, caucus and interested groups”, according to a ministry briefing in July, released under the Official Information Act (OIA).

A week and a half later, she changed her mind when the ministry sought permission to invite nominations from groups including the police, Te Puni Kōkiri, the Māori Firearms Forum, MAAG members and the Arms Engagement Group. The ministry should only proceed if there were no nominations from her coalition colleagues, McKee’s private secretary told the ministry.

According to the OIA documents, McKee, who is an Act MP, then told two people she wanted for the group (Mike Spray and Michelle Roderick-Hall) to send their CVs to the Act Party’s chief of staff at the time, Andrew Ketels, who nominated them.

Who are her preferred nominees? Both gun nuts, one has worked directly for McKee's company Firearms Safety Specialists NZ Limited, and the other has worked indirectly for her through an organisation FSS founded. So its naked cronyism.

This isn't a statutory position, so the appointments can't be declared unlawful (unlike the regime's unlawful crony appointment to the Human Rights Commission). But its morally no different. And it makes it clear that this government is about abusing government to hand out public salaries and policy influence to its mates.

This has to change. The culture of crony appointments has to stop. That's not just a matter of de-electing this regime, because Labour is no different. Instead, all government appointments, whether statutory or ministerial, need to be taken out of the corrupt hands of politicians, and be made by an independent appointments body. The politicians have shown time and time again that they cannot be trusted to apply the law correctly when jobs are involved. Time to give the job to somebody else instead.

Under-protecting privacy

If you've been following the news, you will have seen the enormous Manage My Health shitshow, which has seen the medical records of 127,000 new Zealanders offered up for ransom (with the alternative of sale on the dark web). The information was obtained due to an absurdly basic security failure by the company, suggesting a complete failure of any duty of care for people's sensitive health information. It also seems to be an open and shutt violation of Information Privacy Principle 5 and/or rule 5 of the Health Information Privacy Code, both of which require information to be protected by "such security safeguards as are reasonable in the circumstances" - but there's no fines for breaching this, and the penalty even for violating a formal compliance notice is a derisory $10,000. The entire regime expects each affected individual to complain to the Privacy Commissioner, who can escalate complaints to the (over-worked and under-resourced) Human Rights Review Tribunal, which can issue damages. In, oh, six or seven years.

And its not like the Privacy Commissioner can help - they can't do own-motion investigations, and the regime has cut their budget. It's almost like they want our privacy to be violated and our information to be sold.

This isn't good enough. The Privacy Commissioner should be actually able to protect our privacy, rather than merely being an overworked mediator when someone has violated it. And where there has been an egregious failure to follow basic privacy practice like this, then there needs to be a criminal offence, and fines large enough to actually incentivise companies to obey the law, with personal liability for directors. Manage My Health didn't give a shit about the people whose information it was "safeguarding", because a $10,000 fine for not caring was just a cost of business. And the Facebooks and X's of this world won't give a shit either. If we start having fines in the millions, or charged as a percentage of global revenue (European-style), then maybe they will start obeying.

The enemy of the world

Over the weekend the United States mounted an unprovoked attack on Venezuela, killing a hundred people, and kidnapping its president. Since then, they have threatened further attacks, as well as similar action against Colombia, Cuba, Mexico, Iran and Greenland. All of which is illegal under international law, but I think it's pretty clear by now that the US doesn't give a shit about that, or anything other than naked force. What we are looking at here is a rogue empire, using force or threats of force to extort territory, resources, or even just money from the rest of the world. And the world - and in particular the status quo coalition of countries who want peace and quiet - needs to wake up and start treating it as such.

How can the rest of the world respond to such a state? We already know part of the solution, because the US has done it to those it has deemed "rogue" before: comprehensive trade and financial sanctions. Unfortunately, this is difficult when the US is the center of so much, but personal sanctions against regime members and their supporters are eminently possible, and likely to have an impact. The US has done this to ICC judges and officials in an effort to intimidate them into dropping cases against Israel and US troops in Afghanistan; but we can do the same to them. And it will hurt. Trump's a billionaire, he has money and investments all over the world. Ditto Musk, Bezos, Thiel, and the rest of his fascist cabal. We can take it from them. They will scream like Russian oligarchs if they can't access the money they've stashed in their foreign tax havens, or holiday in their usual places. And that in turn means internal pressure on the regime.

Longer term, its pretty clear that the US can no longer be trusted as a responsible member of the international community. Even if the current regime is overthrown and things return to "normal", it might happen again. Better therefore to reduce our dependence on them as much as possible. If we want a peaceful, stable world where we can just get on with our lives without fear of random attack, that world can no longer include the US.

Under-resourcing transparency

The Ministry of Health is in my experience one of the worst performing government agencies when it comes to handling OIA requests. They unlawfully extend any non-trivial request, hyper-parse everything and adopt the most unhelpful and self-serving interpretation without consultation (and in violation of the principle of availability and the duty of assistance), and in the end are late anyway. Their Minister reportedly blames resourcing pressures for this. But as the PSA points out, resourcing is decided by the Minister:

However, the PSA's national secretary Fleur Fitzsimons told RNZ the minister should be taking responsibility instead.

"It shouldn't take the Ombudsman stepping in for Health NZ to provide information to the public, but really this does come back to the minister. He can't keep demanding savings and then blame officials when the impacts of cuts are felt," she said.

"Health NZ has lost over 2000 roles either through early exits, voluntary redundancies, or vacancies not being filled. This includes teams that support official information requests. They've lost critical expertise."

She said it was no wonder the public wanted information when the government was making such cuts, and the minister, his office, and health agencies should have seen it coming.

"This government is undermining the Official Information Act. It plays an absolutely critical role in enabling the participation of the people of New Zealand in public administration, but also in holding ministers and officials to account."

Its also worth noting that the courts have ruled (in relation to Corrections) that resource limitations do not justify failure to comply with statutory duties; if there are resource issues, then it is the chief executive's duty to reallocate resources so there are not. In the case of Corrections, the High Court ordered the chief executive personally to obey - raising the prospect of fine or jail if they do not. If government agencies keep making similar pleas when it comes to the OIA, then its time we took them to court and subjected them to similar orders.

Meanwhile, RNZ also quotes Labour's Carmel Sepuloni as blaming under-resourcing and cuts for OIA delays. So obviously, if she becomes Minister, she'll be ensuring that transparency is fully resourced, and that information is released expeditiously, and she'll resign if its not, right? I look forward to a public commitment from her, and all Labour's potential Ministers, on this.