Thursday, May 12, 2005



Candidate Survey: Index

Posts relating to the No Right Turn 2005 Candidate Survey:

Survey responses:

(This is an index page so I have a central location to point to in future)

Candidate Survey: Eighth Response

Nandor Tanczos, Green list MP and candidate for Auckland Central. Nandor is ranked 7th on the party list this time round.

This is exactly the sort of response I was hoping for when I started this project - thoughtful and (more importantly) informative. Hopefully other candidates will follow Nandor's example.

If you could ensure the passage of one act on one issue in the next Parliament, what would it be?

There are many, but a realistic one is cannabis law reform. Cannabis prohibition wastes enormous amounts of police and court time giving predominantly young brown men convictions for personal use of a drug less harmful than alcohol. Changing the law would free up law enforcement resources, allow more effective drug education, remove at least some of the profits from the illegal market and therefore organised crime, restore a little respect for the law, remove one of the major tools for random police harassment and ensure that one more piece of legislation is based on evidence rather than cheap politics.

What three other electoral candidates or sitting MPs do you think are most similar to you in their political views?

Metiria Turei
Tim Barnett
Sue Bradford

Do you support or oppose:

...raising the drinking age?

Oppose, because it's a way for older people to ignore the real issue (a culture of alcohol abuse) by scapegoating young people. Better to tackle alcohol advertising (not with time restrictions - that just reinforces that it is an age related issue), warning labels on alcohol vessels (esp. about FAS) and actually enforce the current age restriction.

...legalising marijuana (or pharmaceuticals based on it) for medical use?

Yes, because it is the most effective medicine for a number of people with certain conditions, including MS and chronic pain and for countering the side effects of chemo-therapy and HIV medication. It is criminal to arrest and sometimes jail people simply for using the best medicine available to them and it puts doctors in an intolerable position where they must break the law to offer the best medical advice.

..decriminalising or legalising marijuana for recreational use?

Support, as above

...allowing same-sex couples to adopt children?

Yes. The question should be 'are these the best people to care for this child?' rather than 'do they conform to my opinions about suitable sexuality?'

...amending the Marriage Act to allow same-sex couples to marry?

Support, because a genuine commitment to equal rights is the best protection for all of us.

...allowing voluntary euthanasia or physician assisted suicide?

Yes, with proper safeguards in place. The final say on my life should be mine. Plus we place medical staff and friends / relations in a terrible position where their humanity demands assisting a loved one or patient to end their life peacefully but they may be prosecuted for murder for doing so.

...state funding of integrated schools?

The government should support schools that cater for special interest groups within society, as long as they do not require payment of fees, maintain high teaching standards and deliver the core curriculum. The reality is that the mainstream system fails huge number of young people - not just those that leave with inadequate qualifications but those who never reach their potential because they don't thrive in a sausage factory. We need to support alternatives of various kinds to allow people to study within institutions and organisations that meet their needs.

...the retention of sedition as a crime in the Crimes Act?

Excite disaffection against Her Majesty? I suspect I may have been a little seditious myself on occasion.

Some of the things defined in the Act as seditious probably should be illegal but the definition should be restricted.

...the retention of blasphemous libel as a crime in the Crimes Act?

I don't know when it was last used and it would probably be easier to get a conviction under a different Act for the things likely to be covered. I guess it means the kinds of things US soldiers have been doing in Guantanamo Bay, like putting copies of the Koran into the toilets of Muslim prisoners of war and illegally detailed civilians. I'd need to get a better idea of what it might cover before I could say, because the Act is pretty much silent on what it means.

...further restrictions on hate speech?

No. I don't think that Hate Speech legislation is the best way to promote a culture of Human Rights or respect for others. I am also concerned that restricting freedom of speech drives abhorrent views (eg Fascism) underground rather than allowing them to be expressed and refuted.

...the use of indefinite detention without trial for those subject to a security risk certificate?

I'm glad that we live in a country that respects the rule of law and that such a thing could never happen in New Zealand. (I'm also glad I voted for the Supreme Court)

...restoring the death penalty for serious crime?

Do I support executing people convicted of murder, for example, like Arthur Allan Thomas? No. Do I trust the State to get it right every time? No. Do I think that the threat of capital punishment acts as a deterrent to serious crime? Well, it doesn't seem to work in the USA.

...Georgina Beyer's Human Rights (Gender Identity) Amendment Bill?

Yes. See above on same sex marriage

...Gordon Copeland's New Zealand Bill of Rights (Private Property Rights) Amendment Bill?

No. One, it does nothing in reality. Two, it conflates a recent western social and cultural construction (private property) with things intrinsic to our humanity, such as the right to have opinions, practice our culture and be free from arbitrary power.

...entrenching the New Zealand Bill of Rights Act as supreme law?

I have always been a strong supporter, although the more I investigate the less clear I become. I do think we need to undergo a process of constitutional change and enact a written constitution incorporating the Bill of Rights and the Treaty of Waitangi, become a republic and decentralise political power. I also recognise that this is a complex and delicate thing that needs to be very carefully worked through and that we can sometimes effect the opposite of what we intended when we mess with significant constitutional issues. For example during the Supreme Court deliberations I watched the right wing force a clause affirming parliament's commitment to parliamentary sovereignty (which I think is delusional) and to the rule of law, and then heard the Chief Justice say in a lecture after it was passed that those two things may be contradictory. hehe.

...New Zealand's participation in the International Criminal Court?

Yep

...lowering MMP's threshold from the present 5%?

I don't see the need, but don't feel strongly about it.

With the benefit of hindsight, how should the government have handled the Ahmed Zaoui case?

They should have based their decision on real evidence rather than innuendo and propaganda primarily originating with the Algerian regime. When made aware that there was an issue they should have engaged with it, rather than trying to avoid and procrastinate. They should have balanced a need for security with a commitment to human rights and principles of justice.

But that's what happens when you pass hasty, ill-conceived legislation with draconian powers for State agencies under the guise of supporting a US led clampdown of civil liberties disguised as a war on terror.

As usual, Nandor's views are entirely his own, and do not necessarily represent those of the Green Party.

Doing a Winston?

Today in question-time, Rodney Hide and Judith Collins used Parliamentary privilege to accuse David Benson-Pope of assaulting students when he was a teacher in the 80's. The allegations are serious, and describe behaviour that was illegal even back then, and I'd suggest that if Collins and Hide have any real evidence, they should take it to the police (and Benson-Pope should be charged, tried, and if convicted, kicked out of Parliament). But otherwise, they're just doing a Winston - making false allegations under the cover of privilege, secure in the knowledge that they will never be held to account for them.

A difference of approach

Over the past two decades, we've seen a significant rise in the number of sickness and invalid's beneficiaries. National and ACT think this is a Bad Thing, and from their history in the 90's, it's easy to see what their policy would be: slash benefits to "encourage" the "malingerers" (many of whom suffer from mental illness or terminal disease) to join the workforce by threatening them with starvation. The government has a different approach. Firstly, they're paying for medical care where this will help people rejoin the workforce. While arguably this should be done via the public health system rather than the welfare system, there's no question that it's a good idea; contrary to national's slander, very few people want to be sick, and practically everyone will leap at the opportunity to enjoy improved quality of life. And for those with permanent disabilities, they've increased funding for employment support - meaning greater access to the workplace. It's a clear difference of approach, centered around carrots and opening opportuinities, rather than sticks and threats of starvation - and I know which one I prefer.

Research

I've taken an initial look at the new Evidence Bill, and I don't like what I see. In addition to changes around the use of hearsay and the removal of partner privilege, there also seem to be some changes to allow wider use of improperly or unlawfully obtained evidence which would set all the wrong incentives for the police. But I need to do some digging first to find out what the actual case-law is on these matters before doing my nut about them.

Wednesday, May 11, 2005



Harbouring terrorists

Following the September 11th attacks, President Bush promised to "pursue nations that provide aid or safe haven to terrorism". Then he invaded Afghanistan and overthrew the Taleban regime for providing a safe haven for Osama bin Laden. Now, the US is harbouring a terrorist.

In 1976, Luis Posada Carriles, a Cuban-born Venezuelan, bombed a Cuban Airlines jet, killing 73 people. He was arrested in Venezuela, but escaped before being convicted. In the 90's he reportedly carried out a series of bombing attacks on Havana tourist spots. Five years ago, he was arrested in Panama on charges of attempting to kill the visting Cuban dictator Fidel Castro. He was convicted of a lesser charge, then pardoned, leading to a messy diplomatic incident between Panama and Cuba. Mr Carriles has recently entered the US illegally and has now applied for political asylum. The US denies they are harbouring him - but given that their own records show that he is a former CIA asset, that should probably be taken with a grain of salt.

Calls for international cooperation in the "war on terror" are predicated on the idea that terrorists aren't just the enemies of America, but of civilisation. If the US wants this to be anything more than empty rhetoric, its path is clear: it must find Carriles and extradite him to Venezuela to face justice. Otherwise they won't just stand exposed as hypocrites; they'll also be undermining their own ability to fight terrorists around the globe.

Back in Parliament

Winston Peters' Treaty Principles Deletion Bill will be back in Parliament today. Fortunately, it's expected to fall at the first reading, with Labour, the Greens, and the Maori Party all lining up to vote against it. But like Larry Baldock's Marriage (Gender Clarification) Amendment Bill, it isn't really intended to succeed. Instead, the goal of both bills is precisely to force the government to vote them down, thus mobilising NZFirst's and United Future's respective bases of culturally insecure bigots.

If you're unsure why this bill is a bad idea, see here.

Kingdom of Heaven

What did I think of Ridley Scott's great crusade movie? Firstly, if I wanted to see the seige of Helm's Deep again, I'd watch The Two Towers. Secondly, watching people kill one another nonstop for an hour is simply boring. Thirdly, I think it's a great disservice to history to paint the Kingdom of Jerusalem as being a kind of medieval America, a place "at the end of the world" (not the center?) where people could rise and fall according to their talents - though there is the obvious parallel of both places being built by murdering the inhabitants and stealing their land.

America's Christian right objected to the movie because it painted Saladin as honourable and chivalrous while showing the crusaders as greedy and viciou or religious fanatics, and cast the Patriarch of Jerusalem in an exceedingly poor light. While not particularly wanting to defend the historical accuracy of the film (it invents an entirely fictional background for Balian of Ibelin in order to promote that view of the Holy land as America; it cuts out a historically inconvenient monarch, and pretty much invents the seige which makes up the bulk of the action), these are things that it got broadly right. Saladin was widely famed for his chivalry at the time; Reynald de Chatillon was not unrepresentative of first-generation crusaders (those who had been born there tended to take a rather different view); and Scott is if anything too generous to Heraclius - the real one walked out of Jerusalem at the end laden with gold, having looted every church in the city. But I guess those facts are inconvenient to those who want to push the simple message of "Christians good, Muslims bad" or who think that a series of religious massacres (where their side happened to be the one doing the massacring) is something that ought to be celebrated.

Tuesday, May 10, 2005



Is it terrorism?

Is the threat to release Foot & Mouth disease on Waiheke Island terrorism? The Terrorism Suppression Act 2002 legally defines a terrorist act" as an act intended to cause certain specified outcomes, carried out in order to advance a religious, political or ideological agenda, and with the specific purpose of inducing terror in the population or compelling action or inaction from the government or an international organisation. But while "introduction or release of a disease-bearing organism, if likely to devastate the national economy of a country" is one of those specified outcomes, and demands (relating to the payment of money and changes to the tax system) have been made (meaning an intent to compel), political or ideological purpose may be lacking. It really depends on whether the demands are being made because the authors of the demands are ACT voters disgruntled at their party's poor showing in the polls - or whether they're just greedy arseholes.

The second point to note is that it's only terrorism (or rather, conspiracy to commit terrorism) if the threat is real. If it is simply a hoax, an attempt to extort money with an empty threat, then it is technically "threats of harm to people or property" instead. This carries a penalty of seven, rather than yen, years in jail - but that's probably sufficient.

Either way, I'm hoping that the people responsible are caught and subjected to the full penalty of law.

Corrections and assaults

Another one from the "shouldn't they have been doing this anyway" file: according to the review of prison complaints processes I discussed last night, the Department of Corrections has only just started referring all complaints of assaults by Corrections staff on prisoners to the police.

I'm just staggered by this. If Corrections had been doing this all along (rather than behaving like a uniformed gang with keys and truncheons), then there would be no need for payouts for abuse.

Incentives to avoid strikes

Auckland City Council has decided that it doesn't want any more bus strikes - and so will be instructing ARTA to include a penalty clause for non-performance in future contracts for bus services. Which is good, but it really does beg the question of why the hell Stagecoach isn't subject to such a clause already? As we've just had graphicly demonstrated, the buses being down causes large amounts of chaos and frustration; contractors should therefore have an incentive to ensure that they keep running.

The plan all along

Before people start getting outraged over the government's $20 million bailout of Te Wananga o Aotearoa, they might want to remember one thing: driving te Wananga to the brink of bankruptcy so as to install proper financial controls and accountable management was the government's plan all along. The problem with te Wananga was financial mismanagement, nepotism and cronism - so back in February, the government pressured them into accepting a Crown Observer on the board with a veto over the Wananga's finances. It did this by threatening not to pay over a $20 million suspensory loan the Wananga was entitled to (if it met certain conditions) as part of a Treaty settlement. According to the Herald this morning, that loan was not paid as the conditions had not been met - and the current cash crisis is a direct result.

Normally, such measures are not necessary as tertiary institutions are established with proper governance in the first place. But te Wananga morphed from being a small private training institute into a public entity without adapating its internal culture and management to suit. The sorts of things that are perfectly acceptable when you are a privately run business (like hiring your relatives) are simply not tolerable when you receive millions of dolars of government funding. I'd prefer that the government hadn't had to play financial hardball in order to change this management style, but I think its a far better alternative than simply cutting off the money entirely and letting the whole idea of Maori tertiary education sink.

Monday, May 09, 2005



Existing processes II

The Prisoners' and Victims' Claims Bill requires that prisoners must have made "reasonable use" of existing processes for complaint before being eligible for any compensation. So how effective are those existing processes? According to the Ministry of Justice's recent Review of Prisoner Complaints Processes, not very.

The primary problem is at the frontline. Prisoners are supposed to initially direct complaints to local prison authorities. And they do - internal complaints systems receive over 6000 contacts a year. But only about 3% of these are recorded as formal complaints. While this could be due to issues being resolved informally, it is far more likely the prisoners receive an unsympathetic hearing from the friends and colleagues of those they are complaining against - a view supported by large number of minor complaints inundating the Prison Inspectorate and Ombudsmen. Prisoners circumvent the system because it won't give them justice - yet under the Prisoners' and Victims' Claims Bill, this very fact becomes a reason for denying it. Clearly, Corrections needs to improve its system if it is to be anything more than a perverse Catch-22.

However, there's also a larger problem, and one that would be of concern even if the government was not passing this bill - and that is Corrections' relationship with the Ombudsmen. The Ombudsmen investigate complaints with an eye to correcting systemic and policy failures. But while they are quite good at this, they seem to have problems getting the Department to actually act on their recommendations. The review lists several examples of Corrections' inaction and foot-dragging - notably on the priority accorded to investigating allegations of assault by prison staff, on removing differentials in inmate wages based on security classification, and on the installation of CCTV cameras to monitor staff treatment of inmates. It is crystal clear from these issues and the case studies of the 1998 Paremoremo "disturbance" and "goon squad" incidents that the Department of Corrections has a "bunker mentality", and is actively hostile to any criticism of its policies or the behaviour of its staff - even when those staff grossly and wantonly violate departmental procedure (if not the law). This needs to change, regardless of what the government does about prisoner compensation - otherwise, we're simply inviting further abuse.

Tools for democracy

When I started the candidate survey, I hoped that other people would also make use of the data. Now someone has. Richard Goode has set up an online candidate database, searchable by party, electorate, or MP. Currently it just has links to each candidate's official page (if one exists) and to their answers to the candidate survey - but there are plans to add more information and a letter-writing wizard. One of the first additions should probably be a link to sitting MPs' voting records at the online conscience votes database - that way we can get some data for those (like Simon Power) who refuse to give substantive answers for fear of offending someone.

This is a useful democratic tool which empowers voters, and hopefully we'll see more of this kind of thing as the election campaign hots up.

Science funding

Last week I linked to a Listener interview with Australian author Tim Flannery (The Future Eaters, The Eternal Frontier) in which he discussed his upcoming book on climate change and the need to adopt nuclear power. But that wasn't the only thing he talked about; in passing he criticised the terrible state of scientific research in New Zealand:

New Zealand has dropped the ball badly in terms of funding research. "A decade ago, you used to be an absolute leader. You were doing brilliant things. But there seems to be no ongoing funding or commitment. There's no permanent jobs. You've got some really passionate, brilliant people living hand to mouth."

This morning's Herald has a perfect example of this: Trevor Worthy, one of New Zealand's best palaeontologists, has failed to secure further funding from FoRST. As a result, he's likely to follow the well-trod path to Australia, where they care enough about scientists to offer them secure jobs and proper funding.

This is symptomatic of the wider problem with science funding in New Zealand. During the 90's government-funded research was reorganised along market lines, in accordance with the funder-purchaser-provider model which worked so well for health. The old DSIR was broken up into a number of Crown Research Institutes (CRIs), which would compete for funding from the Foundation for Research, Science and Technology (FoRST). Overall research priorities (how much money is allocated to each area) were set by MoRST. This was supposed to make things more efficient. Instead, it has led to an erosion of New Zealand's science capability. The problem is twofold. Firstly, research contracts are doled out on a "winner take all" model, with a five year lifespan - so if a researcher or team misses out, they must survive on a shoestring for five years. But scientists, if they are to remain any good at what they do, have to keep on doing it - they can't just wait around twiddling their thumbs for five years and still be able to put together a credible bid. When combined with the extremely tight specialisation in science, this means that research teams whose bids for funding have been unsuccessful tend to disappear, either taking early retirement, or disappearing overseas. This erodes both our pool of knowledge, and the very competition the funding model requires in order to work.

If the government is even halfway serious about building a "knowledge economy", it needs to start doing something about this. Otherwise, we're going to see a slow death of scientific research in this country, with consequent effects on the rest of the economy.

New Fisk

America’s shame, two years on from ’Mission Accomplished’
General who fled Lebanon in pyjamas returns to try to rally his supporters

Why let the facts get in the way?

Winston's witch-hunt is in full swing, and he's named another former Iraqi official who arrived in New Zealand as a refugee. The problem? The man is a defector, who fled Iraq after objecting to corruption and the treatment of Kurds and Turkomen. But why let the facts get in the way of a perfectly good witch hunt? He's an Iraqi, all Iraqis are evil and complicit in Saddam's atrocities, and therefore they have to go...

It's past time for the government to stand up to Winston's xenophobic tarring of all Iraqis with the same brush. But somehow, I don't think they will. Instead, they'll try and deport a refugee (again), in violation of New Zealand and international law (again), in an effort to pander to the nastiest elements of our society (again). Why do we vote for these people again?

Candidate Survey: Seventh Response

From Claire Bleakley, Green Party candidate for Wairarapa. Claire is ranked 28th on the Green party list.

If you could ensure the passage of one act on one issue in the next Parliament, what would it be?

To help all houses to get insulation, solar power water heaters and energy efficient bulbs into their homes. All new homes and government buildings change to solar options. All government local body vehicles changed to hybrid fuel propulsion.

Or...

The ability for a person to choose the type of health treatment, like Osteopathy, Homoeopathy, Naturopathy, from fully registered and accountable, NZQA approved practitioners for their illness.

What three other electoral candidates or sitting MPs do you think are most similar to you in their political views?

Jeanette Fitzsimmons, Sue Kedgley, Jon Carapiet.

MMP is about coalitions: What sitting MP who is NOT in your party do you think is most similar to you in their political views?

I cannot say, I can only say that listening, respecting and working with all views will be the best option.

Do you support or oppose:

...raising the drinking age?

I support raising the drinking age for those who buy alcohol.

...legalising marijuana (or pharmaceuticals based on it) for medical use?

Decriminalising, not legalising, marijuana for use in conditions that are best controlled by it. Pharmaceutical synthetic derivatives are already able to be prescribed.

...decriminalising or legalising marijuana for recreational use?

Decriminalising marijuana for recreational use then treating it with strict guidelines as with all substances that are open to abuse. Having Education promoting a drug free lifestyle as the way to go.

...allowing same-sex couples to adopt children?

Yes if they are able to fit the full conditions for adoption. In all situations it is the child who is most important.

...amending the Marriage Act to allow same-sex couples to marry?

I support the Civil Union Bill which has amendments in the Marriage Act.

...allowing voluntary euthanasia or physician assisted suicide?

Not voluntary euthanasia, however the removal of life support systems if requested but continuing treatment of pain associated with the illness in cases that are terminal.

I think we need to work at encouraging a healthy lifestyle that includes healthy eating, stress release and excercise. Promoting the importance of preventative health, allowing the person choice as to what type of treatment option they want to follow either from medical or Complementary Health practitioners. Promoting healthy options so that euthanasia is not an option that a person would consider. Promoting Te Whare Tapa Whaa as the goal for health outcomes.

...state funding of integrated schools?

Yes if the school meets the requirements and standards of the Ministry of Education and does not charge school fees.

...the retention of sedition as a crime in the Crimes Act?

...the retention of blasphemous libel as a crime in the Crimes Act?

The Crimes Act needs to be re-visited and amended where applicable.

...further restrictions on hate speech?

Not sure, we need to be taught respect of all peoples, we cannot keep legislating for peoples bad behaviour. Education into respect should stop Hate speech which is disgusting and should not be fanned by excessive attention.

....the use of indefinite detention without trial for those subject to a security risk certificate?

No, charges must be laid within the normal time period.

...restoring the death penalty for serious crime?

No.

...Georgina Beyer's Human Rights (Gender Identity) Amendment Bill?

All genders identities need to be free of discrimination in law.

..Gordon Copeland's New Zealand Bill of Rights (Private Property Rights) Amendment Bill?

New Zealanders have the right to own property without excessive trespass of others.

...entrenching the New Zealand Bill of Rights Act as supreme law?

Yes

...New Zealand's participation in the International Criminal Court?

Yes, it is important to have input to international justice forums.

...lowering MMP's threshold from the present 5%?

I think that the 5% is a good threshold and appears to be reflecting the varied population principles.

With the benefit of hindsight, how should the government have handled the Ahmed Zaoui case?

The government should have been transparent in their dealings and sought information from all sources pertaining to Ahmed Zaoui. These should have gone through the normal judicial processes and had a group of peers hear the case. They should have listened to the Refugee Board recommendations not over ridden them.

As usual, Claire's answers reflect her own views, and do not necessarily represent those of the Green party.

Answers on Afghanistan

Last year, I lodged an Official Information Act request effectively asking whether the NZDF deployment to Iraq had been shooting at anyone. The answer was a reassuring no. So, I thought I'd do a followup asking the same questions about the NZDF deployment to Afghanistan. I asked how many times NZDF members had had to fire their weapons and the reasons for doing so (training, accidental discharge, combat etc), as well as information on any incident when they had had to return fire or shoot at Afghans and whether anyone had been injured or killed in consequence. I also asked for information on any injuries sustained by NZDF personnel during the deployment. Their answer is reproduced below:

All NZDF personnel deployed to Afghanistan are required to conduct periodic range practices on gazetted firing ranges in order to maintain their weapons handling skills. The quantities and natures of ammunition expended vary depending on the type of weapon being fired and the objectives of the range practice. The frequency of weapon training varies according to mission requirements, from fortnightly to monthly.

There have been a total of seven unauthorised weapon discharges by NZDF personnel in Afghanistan, all of which have been dealt with as disciplinary ofences under the Armed Forces Discipline Act 1971. Pre-deployment training of NZDF personnel before they deploy focuses on weapon safety and correct handling procedures to minimize the potential for unauthorised discharges.

For the NZDF personnel making up the Provincial Reconstruction Team (PRT), or attached to the International Security Assistance Force, or serving in staff positions in Operation Enduring Freedom, there has only been one discharge of a weapon in the course of an operation. The incident involved a patrol of the PRT that was providing defensive support to the Afghan Police, who came under fire. No injuries were sustained by NZDF or any other personnel. In the interests of operational security and to avoid prejudice to future PRT operations, further details of this incident must be withheld. This is consistent with the intent of section 6(d) of the Act in that to release too much operational detail may endanger the personal safety of NZDF personnel, or the safety of Afghani nationals.

It is government policy not to disclose information about Special Forces. This is consistent wih the need to avoid any possible prejudice to the future conduct of Special Forces operations in defence of New Zealand or elsewhere, and is consistent with the intent of sections 6(a) and (d), which permit official information to be withheld when its release would be likely to prejudice the security or defence of New Zealand or the international relations of the New Zealand Government, or endanger the safety of any person.

A total of six NZDF personnel have been injured on operational patrols in Afghanistan, in three seperate incidents. All three incidents were the subject of seperate NZDF press releases. The first occured in 2002 and involved three personnel injured by a landmine. The second occured in 2003 when two people were injured in a vehicle. The third occured in 2004 when one person was injured in a vehicle crash. Further details as to the nature of their injuries will not be released pursuant to section 9(2)(a) of the Act, to protect the privacy of the individuals involved. I am satisfied that there is no overriding public interest that would otherwise require me to release such information.

The information provided above does not cover the minor illnesses and/or injuries that have occured as a result of normal activities not connected to operation patrols.

One incident in over a year isn't a hell of a lot, and it suggests that things are rather safe in that part of Afghanistan.

As a final note, the Minister of Defence now has the record for slackness - this answer was 35 working days late, and it seems it was only answered because I phoned wondering where the hell it was. Given that I've finally got something out of them, it's probably not worth wasting the Ombudsman's time - but it is certainly not good enough. The Act specifies a time limit (20 working days) within which requests should be answered, and the government should comply with it.

Sunday, May 08, 2005



Prisoner compensation: virtually unchanged

The Justice and Electoral Committee has reported back on the Prisoners' and Victims' Claims Bill. While there has been some tinkering around the edges, the bill is being sent back virtually unchanged. Convicted criminals will still be subject to significant barriers designed to deter them from seeking compensation for abuse by agents of the state. They will still be punished retrospectively by being treated unequally by the courts. Corrections is still being let off the hook. And despite the government's claims to the contrary, the bill still violates our international human rights obligations. This is not a bill we should pass. Unfortunately, the government is going to pass it anyway.

What is interesting in the Select Committee report is the attitudes on display from our right-wing parties. Neither National, NZ First, United Future or ACT believe that the international human rights instruments we have signed (which, among other things, demand that compensation be made available to the victims of abuse) are in any way binding on the government. But United Future goes even further:

The intent of the bill is further inhibited by the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment signed in 1986 and ratified in 1989. Whilst no country should ever sanction the use of torture or cruel mistreatment of its inmates, the extension of a ban on punishments ought not to restrain individual nations from the right to ascertain for themselves the appropriate use of such remedies in concert with their overall criminal justice aims.

The only way to read this peculiar piece of doubletalk is that United Future think that we should be allowed to torture prisoners. And these are the people who are effectively writing our criminal justice policy?