This is why we have juries

Back in October 2022, Restore Passenger Rail hung banners across roads in Wellington to protest against the then-Labour government's weak climate change policy. The police responded by charging them not with the usual public order offences, but with "endangering transport", a crime with a maximum sentence of 14 years in jail. Effectively they were being treated like people who had blown up a bridge or sabotaged a plane, simply for dangling a banner.

It was obvious police over-reach, and today a jury in Wellington told the police to go fuck themselves, acquitting one defendant, and refusing to convict the other three. A retrial has been ordered on the latter, but the question now is whether the police will actually go ahead with it, or give up rather than run the risk of another jury sending a stronger message.

And this is ultimately why we have juries: so we can tell the state where to get off when they go overboard. Because no matter what the law says, we can always simply say "no".

Aotearoa should sign the Disappearance Convention

There's horrible news from the US today, with the Trump regime disappearing Mahmoud Khalil, a former Columbia University student, for protesting against genocide in Gaza. Its another significant decline in US human rights, and puts them in the same class as the authoritarian dictatorships they used to sponsor in South America.

How can Aotearoa signal its disapproval of this abuse? Back in 2006, the UN agreed the International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED). The Convention requires its parties to take various steps to prevent forced disappearance, as well as criminalising it in international law. When it was established, Aotearoa refused to sign, officially because of a slight technical difference in wording with the Rome Statute of the International Criminal Court, but really because our "ally" the US was disappearing and torturing people as part of its extraordinary rendition program. And we wouldn't want to disagree with that, would we?

But times - and the international situation - have changed, and its time to revisit that decision. When Aotearoa refused, the ICPPED had fewer than 20 parties. Now it has almost a hundred - including almost all of Europe and South America. Basically, everyone we consider to be "like-minded" in supporting that "rules-based international order" we talk about so much. These states are all also members of the International Criminal Court, so its pretty clear that the inconsistency we were supposedly so worried about can be managed to the satisfaction of the majority of the international community.

Signing and ratifying the Convention would establish safeguards against disappearance here and improve human rights in Aotearoa. It would also signal our disapproval of disappearance internationally, and allow us to punish those responsible if any of them ever set foot in Aotearoa. That seems like a Good Thing. The question is, will the government do it, or are they still chickenshits about human rights?

Judging their own case

Yesterday National announced plans to amend the Public Works Act to "speed up" land acquisition for public works. Which sounds boring and bureaucratic - except its not. Because what "land acquisition" means is people's homes being compulsorily acquired by the state - which is inherently controversial, and fairly high up the ladder on coercive uses of state power. Currently the law recognises this with objection and review processes, to ensure that such acquisitions are necessary, reasonable, and not exercised in a discriminatory manner (for example, by targeting Māori land - one of the government's go-to tactics for stealing Aotearoa from its original owners). But National plans to get rid of all that, and instead replace it with Ministerial fiat:

Landowners would no longer submit their objections to the Environment Court, but through the Minister for Land Information (Penk) or the local authority for faster resolution.

"Over the past 10 years, 49 objections have been received for compulsory land acquisitions just for NZ Transport Agency projects," Bishop said.

"The new accelerated objections process will mean we can work through any objections far more quickly. Then we can get on with delivering important infrastructure projects that will help grow our economy, so New Zealanders can get ahead."

So, the same Minister or local authority who decides they need your land for a public work will get to decide whether their decision is "reasonable". Which doesn't even pass the laugh test. It certainly doesn't seem to meet the natural justice requirements for public decision-making in the BORA, and for obvious reasons: it violates the fundamental rule that no-one should be judge in their own case.

But clearly National thinks that adhering to fundamental norms of justice means they might not get what they want. And that, right there, is why they shouldn't be allowed to do this.

Submit!

The Justice Committee has called for submissions on the Term of Parliament (Enabling 4-year Term) Legislation Amendment Bill. Submissions are due by 1:00pm Thursday, 17 April 2025 (note unusual time!), so in practice you need to get it done by 16 April. You can submit at the link above.

If you're looking for reasons to oppose the bill, there's some here. Alternatively, you can just look at this government, and imagine how much worse it would be with an extra year. And possibly, you could imagine how much better it would be if we could get rid of them after two years rather than having to wait for three.

Want change? Don't vote Labour

The current National government is one of the worst in Aotearoa's history. And because of this, its also one of the most unpopular. A war on Māori, corrupt fast-track legislation, undermining the fight against climate change, the ferry fiasco, the school lunch disaster... none of these policies are making friends. People want them gone, and want the next government to make repealing them its first item of business. So naturally, Chris Hipkins has said he'll keep them all:

He also used his speech to advocate for a more collaborative approach to governing, referencing the coalition’s decisions to reverse many of Labour’s policies.

“I am not going to stand here and ask you to give your support to the Labour Party just so we can put everything back in place - and start the merry-go-round again,” he said.

“And I can assure you we aren’t going to spend our first year back in government pausing, cancelling, and reviewing everything.

“No more throwing the baby out with the bathwater just to make a political point.”

Or, to put it another way, "don't vote for us, because we won't change anything".

And Labour wonders why people have such contempt for them...

But this isn't just about Labour's spinelessness - its also a problem for our democracy. Because if elections don't change anything, if we just get the same shit policies delivered by the same apparatchiks, if major party collusion means the only real difference between them is the colour of their tie, then our democracy is simply a fraud and a scam. And if enough people get that idea, then we might actually try and change things for real, by means other than elections. And that's not the sort of outcome anyone should want.

A recipe for waste

With the Trump regime in the US causing growing global instability, the government is banging the drum about increasing defence spending. And this morning we have a bunch of defence lobbyists pushing to double the size of the navy to four frigates, at a cost of $8 billion.

Which sounds like a great way of wasting billions of dollars. Lest anyone forget, the navy doesn't have enough staff to crew the ships it has got, let alone new ones. Half the navy's fleet of inshore patrol vessels were effectively mothballed just a few years after purchase, due to lack of crew (they were eventually sold to Ireland). The same then happened to the navy's offshore patrol vessels. And as the article itself pointed out, three of the navy's eight helicopters were grounded last year due to insufficient staff.

All of which suggests that unless the navy solves its staffing problem, exactly the same will happen to any new frigates: they'll be tied up and left to rot, hugely expensive white elephants. But that's what you get from performative defence spending. It would be an even bigger waste than the government's Cook Strait ferry fiasco, and if National is willing to throw billions down the drain on new war toys but baulked at iRex, then it shows there is something seriously wrong with their priorities. At least ferries are useful. War toys are pure waste.

(I do not know how to fix NZDF's staffing problem, and I honestly don't care. If people don't want to work as trained killers or support staff for trained killers, that seems great to me. But the people pushing for increased spending need to recognise it as a problem, and explain how they're going to solve it, because there's no point buying toys when there are no people to play with them).

But if the goal is to increase nominal spending to appease the Trump regime, then there are better things to spend it on than war toys. Defence housing is unfit for human habitation, and could be upgraded. That at least would be useful. But I guess that just doesn't benefit international arms companies...

A complete fiasco

When National cancelled the iRex ferry contract out of the blue in a desperate effort to make short-term savings to pay for their landlord tax cuts, we knew there would be a cost. Not just one to society, in terms of shitter ferries later, but one to the government, which would eventually show up on its books. And now we know: $300 million:

New documents reveal the coalition has set aside $300 million to cover broken infrastructure contracts and a break-fee with Hyundai, after the government ended a contract with the Korean company to build two new Interislander ferries.

The Cabinet paper was released by Treasury just half an hour after Finance Minister Nicola Willis had repeatedly refused to confirm that figure to reporters.

The broken contracts for associated infrastructure costs - for example, port upgrades - have been resolved, but the exact amount to be paid to Hyundai is still being negotiated.

And note that that's just what they've set aside, not necessarily what the actual cost will be. And on that front, there's this:

The inside word from KiwiRail is that the original contract break cost was the entire $551m and the $300m now budgeted for is Hyundai offering a discount on the break fee *if* they win the new contract to build the reduced capacity/capability ships.

Note that we'd be able to verify this, and hold both the government and KiwiRail to account for fucking this up so badly / agreeing to that contract, if KiwiRail had released the contract. But they refused. And you can see exactly why both parties have a very strong incentive to keep the details completely secret.

This is a complete fucking fiasco. We're going to pay a fucking fortune to get less than what we were going to, and later, just so National could make the books look marginally better in 2024/2025 and pretend to be "better economic managers". But this isn't "better economic management" - it's pure stupidity and waste. And we need to hold the government to account for it.

United States of betrayal II

Like everyone else outside Russia, I watched Saturday morning's shitshow between Donald Trump and Volodymyr Zelensky in horror. Sure, the US had already thrown Ukraine under the bus, demanding that it accept Russia's theft of land - but there's a difference between that, and berating someone in front of the world for refusing to surrender to a genocidal invader. With this, the Trump regime - and the US Republican Party - has made it crystal clear which side it is on. And it is not the side of democracy and human rights.

Fortunately, Europe seems to be stepping up. And they've also got the message - also sent last month, but not really believed because it was a reversal of 80 years of policy - that the US will not defend them either. And that even if there is regime change in the US, no future US regime can be trusted ever again on anything. And now they've got that message, they can move forward on building a European defence alliance serving European priorities, rather than just being an adjunct of the US. Which almost certainly means less European involvement in American imperial wars in future (great for Europe, bad for the USA, which will have to do all its own dying. Oh dear. How sad. Never mind).

It should also be focusing minds here. Because if the US won't defend Europe, it sure as shit won't lift a finger for Aotearoa (assuming they can even find us on a map). The AUKUS partnership they are trying to tempt us into is worthless. In fact, given their explicit support for tyrannical regimes and of global corruption, we should be regarding them as an enemy, not a friend. And we should be withdrawing from the Five Eyes, rather than continuing to feed intelligence to a corrupt and hostile threat to global peace.

Meanwhile, the US is now openly threatening to withdraw from the UN. Which is terrible: the withdrawl of fascist states from the League of Nations was one of the reasons for its failure to prevent the Second World War. OTOH, if they're going to do it, we can't do anything about it, and at least there's a silver lining. Because the UN has a veto problem, and one of the major impediments to fixing it is... the US veto. If they leave, then it is at least an opportunity to fix that, and the world should refuse to let the US back in unless they accept it.

An inappropriate candidate

Last month I dug into the appointment of fossil-fuel lobbyist John Carnegie to the board of the Energy Efficiency and Conservation Authority. Carnegie was rejected as a candidate in two appointment rounds, being specifically not recommended because he was "likely to relitigate board decisions, or undermine decisions that have been made" and "likely to create tension or conflict with fellow board members". Despite this, then-Energy Minister Simeon Brown appointed him anyway. So how bad a candidate was he? RNZ's Eloise Gibson has done some digging of her own, and turned up a rather disturbing interview (on a cooker platform, to boot) where he rails against EECA's work:

"[Oil and gas companies] are asking what will happen in six or nine years if we get someone who basically a) wants to reintroduce Onslow [a massive pumped hydro electricity scheme], who basically wants to go back to the old policies so, b) wants to make fossil fuel technology harder to consent, reintroduces a 100 percent renewable electricity target, reintroduces GIDI... that was the state subsidised demand destruction... that's the question investors are going to be asking," he said.

GIDI was the Government Investment in Decarbonising Industry fund, under which EECA gave grants to heavy industrial companies to subsidise the costs of converting coal and gas boilers to electric or biomass.

GIDI has been scrapped. But EECA's core functions still reduce demand for oil and gas.

Whether he will effectively do that work, or whether he will try and sabotage it from within is left as an exercise for the media. But MBIE had pretty clearly reached their own conclusion on that question, which is why they recommended not appointing him.

Meanwhile, that rant - reintroducing Onslow (killing winter demand for fossil fuel peaking), making fossil fuels harder to consent, a 100% renewables target (now looking entirely achievable in an average year thanks to solar), reintroducing GIDI, and state-sponsored demand destruction to drive the fossil industry out of business - looks like a solid policy agenda which would give us both energy security and cheaper power. And hopefully we'll see exactly that when we throw this corrupt, climate change denying government out on its arse.

Still against a four-year term

It must be bad idea week at the Beehive. Yesterday, they were promoting vigilantism - a policy hated by everybody except the very worst people in the world. And today, they've announced that they're going to proceed with ACT's weird four-year-term bill, which would make the length of the parliamentary term indeterminate, and subject to an easily renegable or bypassable promise by politicians.

I've long been an opponent of a four year term. At best, its driven by technocrats who view democracy as a cost to be dispensed with. But underneath that is a never-quite-stated belief that politicians would make better decisions if they didn't have to worry about what voters want. That they shouldn't have to "waste time" persuading us that fucking us over is really for the better. This is both elitist and nakedly anti-democratic. Because the point of democracy isn't to make good decisions, but to make our decisions. And the point of regular elections is to keep politicians constantly thinking about whether they are serving us, rather than their donors - and to throw them out on their arses if we are unhappy with their performance.

And looking at the current government, it is clear that we need more accountability, not less. This government, with its abuse of urgency, naked corruption, and radical anti-Māori revanchism, is a poster-boy for bad government and for why we need to be able to throw politicians out quickly. The thought of another 18 months of them is bad enough; giving them a whole extra year is fucking unthinkable. But that's the sort of thing their bullshit bill will enable: next time we get a government this shit, it will last longer. Next time we get a Rimmer or a Roger Douglas or a Ruth Richardson or a Robert Muldoon, they will have more time to shit on our faces.

Pretty obviously, I don't like this idea. I hope you don't like it either. And I hope you tell the political class that, forcefully, when the bill gets to select committee, and even more forcefully if it ever gets to referendum. Aotearoa has a long history of telling politicians to go fuck themselves by huge margins on this question. Let's uphold that tradition, and make it 70% opposed. And maybe then the fuckers will finally get the fucking message.

But let's go one better. As noted above, this government is a poster-boy for bad government, a perfect argument for more accountability, not less. So lets do that. Instead of giving them more time to fuck up our lives, let's give them less. Let's cut the parliamentary term to two years.

A reversal on secrecy?

For the past few years I've been waging war on secrecy clauses, submitting at select committee where clauses in legislation seem to over-ride the Official Information Act. One of the drivers of this was a 2014 decision by the Ombudsman (unpublished, but posted here), where they interpreted an exemption in one of the Climate Change Response Act's confidentiality clauses, which allowed information to be released "as provided under this Act or any other Act" as not actually allowing release under the OIA:

I am not persuaded that the OIA is an Act that provides for the disclosure of information in s 99(2)(a) of the Climate Change Response Act. The OIA confers a right to request official information and requires that such requests be processed in accordance with its provisions, but those provisions do not provide for the disclosure of information under the CCRA (or any other Act that imposes restrictions on the availability of official information). Instead, section 52(3)(b)(i) of the OIA provides that nothing in that Act derogates from any provision which is contained in any other Act which imposes a prohibition or restriction in relation to the availability of official information. Section 99 is such a section.

Accordingly, the OIA does not override the restrictions imposed by section 99 of the CCRA and it would be contrary to that section for the requested information to be made available to you. Consequently, section 18(c)(1) of the OIA provides a reason to refuse your request on that basis.

Since then such clauses have unfortunately become a regular feature of legislation, as business interests have lobbied for statutory secrecy to over-ride our democratic right to transparency.

There is a good argument that the Ombudsman's 2014 decision was incorrect, and that a BORA-consistent interpretation of the clause (as required by s6 BORA) would interpret it as giving effect to the right to freedom of expression, which includes the right to receive information and is internationally recognised as including a right of access to government information. And it seems that the Ombudsman has been persuaded. The new Offshore Renewable Energy Bill includes a similar secrecy clause to that in the Climate Change Response Act, with an exemption allowing release where disclosure is "required" (rather than merely "provided" by) other legislation. And in their submission, the Ombudsman says that this does not oust the OIA:

The Official Information Act 1982 (OIA) appears to be one such piece of ‘other legislation’ that may require commercially sensitive information or personal information to be released, on request under that Act.

They also highlight the constitutional nature of the OIA, and go on to say that:

The Ombudsman therefore generally is of the view that Parliament would only derogate from, or limit the application of, the OIA through clear and direct legislation to that effect.

Which is a similar approach to that taken by the courts on the BORA, or te Tiriti.

Taking the Ombudsman at their word suggests that many existing secrecy clauses - at least those prohibiting disclosure but with "required by" exemptions - may not in fact limit the Act, and certainly won't be interpreted that way by the Ombudsman should the matter come before them in a complaint. But of course there's only one sure way to find out...

National doesn't want you to know what people think of the Regulatory Standards Bill

Back in January the government held a public consultation on its draft Regulatory Standards Bill. The bill is a piece of neoliberal bullshit which seeks to bind all future lawmaking to some highly contentious (and not public accepted) Libertarian ideological principles, in an effort to deter future lawmaking with the threat of endless lawsuits. It also completely ignored te Tiriti o Waitangi - something which has resulted in an urgent claim to the Waitangi Tribunal. Understandably, this resulted in a high degree of public interest, despite the government scheduling the consultation over the holidays when it expected everyone to be asleep.

The normal practice in this day and age is for public submissions on such consultations to be proactively released. However, the bill's consultation document made no commitment to doing so. It did however include the usual boilerplate warning people that their submissions were subject to the Official Information Act, and asking them to clearly identify any material that they did not want released. So, armed with that notice, OI requested the submissions, taking care to note that a proactive release would completely satisfy my request. The Ministry refused, claiming that preparing all 23,000 submissions would require "substantial collation and research". I am not sure that this is legally true, given the Ombudsman's guidance on the topic. It may be a substantial amount of work, but given that the information is clearly identifiable, held, and sitting right there in a (metaphorical) pile, it is not "collation and research" in terms of the Act. There's also a clear issue here of the Ministry's duty under the Public Service Act to "foster a culture of open government", which you would think would require adhering to accepted practices about publicly releasing submissions.

Still, we've learned something: 23,000 people submitted on this draft bill. Which is an unprecedented level of interest in such a consultation.

While the Ministry promises a summary of submissions, this is not actually a substitute for the submissions themselves, for being able to read in people's own words what they think of the bill. And you have to wonder whether Rimmer's hand-picked ideologues at his pet Ministry will fairly represent the public's views in that summary. Public release is a useful check on this.

But one thing is clear: the government doesn't want you to know what the public think of their draft bill. Which invites the question: what are they afraid of?

Fiame stares down her corrupt party

Back in January, Samoan cabinet minister La’auli Leuatea Schmidt was charged with attempting to pervert the course of justice. When he refused to resign, samoan prime minister Fiame Naomi Mata'afa sacked him - triggering a political crisis. Because a majority of her political party felt that she should have not just kept him in office, but protected him from being charged in the first place - and felt so strongly about it that they voted to throw her out of the party and then attempted to have her thrown out parliament and removed as prime minister under anti-party-hopping legislation. Since then Fiame has sacked half her cabinet for disloyalty, and there has been speculation that her government would collapse, forcing early elections.

But it seems that FAST has blinked. Because when a confidence vote was finally held in parliament, they voted for Fiame, rather than rolling her. I guess they were really afraid of elections after all (Samoa's constitution explicitly permits a PM toppled in a confidence vote to call an election, unlike Aotearoa, where calling an early election requires the confidence of the House).

Meanwhile, you have to wonder what went wrong when a party which ran on an explicit platform of ending HRPP abuses and corruption now wants to behave in exactly the same way. You can now see which MPs actually believe that: the ones who have stayed loayl to Fiame. As for the rest, I guess we just have to hope that Samoans will throw those corrupt arseholes in the trash where they belong.

Germany keeps the fascists out

Germans went to the polls today, in what looks to be their most important election since 1945. The good news is that they seem to have kept the fascists out, with the Putin/Trump/Musk-backed Alternative für Deutschland coming second and effectively excluded from power. Instead, it looks like a Christian Democrat / Social Democrat coalition is the only viable government - the Greens don't have the numbers to get the CDU to a majority, and no left coalition is possible. Which will be bad for the Social Democrats again, but there are definitely far worse coalition outcomes.

The presumptive chancellor, Friedrich Merz, has made it clear that he is unhappy with Trump and Musk's attempted election interference, and that he considers the alliance with America to be dead. Which is a hell of a turnaround in a country that used to be a core US ally. But I guess that's what happens when America starts betraying its friends, and if it means a Europe which is no longer a US vassal, but instead stands for its own interests, that doesn't sound like a terrible thing at all.

As for AfD, they've already been classified as an extremist organisation by the Federal Office for the Protection of the Constitution, and there's a real possibility of the party being banned. That of course doesn't solve the problem of its voters, who will no doubt simply switch their allegiance to whatever neo-Nazi vehicle Putin/Trump/Musk fund for them next. So hopefully Germany's new government will put some work into defending German values and stopping the AfD's radicalisation pathway (rather than the present tactic of trying to imitate them).

Something to go to in Wellington

Climate Liberation Aotearoa will be holding a rally outside the Wellington District Court on Monday in support of climate defenders:

If you support the climate, or support the right to protest - currently under attack from the secretive IPCA - then please go along.

Investing in a stranded asset

In 2021, RefiningNZ, the owners of the Marsden Point oil refinery, took a hard look at its future, and decided that it didn't have one. The refinery was shut down and dismantled. But now Chris Luxon wants to build a replacement:

Prime Minister Christopher Luxon says the coalition Government is considering whether to build a new oil refinery amid the country’s energy production challenges.

It comes as the Government’s report investigating New Zealand’s fuel resilience, including the potential re-opening of the Marsden Point oil refinery, is expected to be released in the coming weeks.

[...]

Asked if he would build a new refinery, Luxon said: “Well, we’re going to go look at that, that’s something we’re going to look at”.

This is simply madness. The underlying reason for Marsden Point's demise - collapsing demand for fossil fuels - has not gone away, and if anything, has got worse. When banks are refusing lending to petrol stations because they're a long-term credit risk, you know that petrol and diesel just don't have a future. And while Channel Infrastructure projected continuing demand for jet fuel, that's just one technological shift away from a similar collapse.

Basically, Luxon is proposing that we spend $8 billion to build an asset which will likely be immediately stranded upon its completion. This is what Luxon calls "better economic management". And that's not even considering the emissions impact, which will be significant enough that the next government will have to cancel it to stay within our emissions budgets. But clearly Luxon doesn't care about those, despite meeting them being officially on his government's KPI list.

If the government really wanted to invest in fuel resilience, it would be investing in electrifying our vehicle fleet as quickly as possible. Because we don't need to import electrons from unstable foreign despotisms; they're produced right here in Aotearoa, from the wind and the rain and the sun. Every EV we use saves the country money, and is a boot in the nuts to the petro-tyrannies. It means cleaner air, lower health costs, and higher living standards for kiwis. But how does that help Luxon's rich mates?

Drawn

A ballot for three member's bills was held today, and the following bills were drawn:

• Sale and Supply of Alcohol (Sales on Anzac Day Morning, Good Friday, Easter Sunday, and Christmas Day) Amendment Bill (Kieran McAnulty)
• Enabling Crown Entities to Adopt Māori Names Bill (Shanan Halbert)
• Financial Markets (Conduct of Institutions) Amendment (Duty to Provide Financial Services) Amendment Bill (Andy Foster)

So, I guess we get to see now whether National will vote to force banks to fund climate destruction. And if they do, then I guess we'll see later whether Labour will vote to permanently ban banks from doing so. Because actions have consequences, and if they push, we're gonna shove back.

IPCA hides behind secrecy

On Tuesday, the "Independent" Police Conduct Authority issued an extraordinary report, proposing a complete rewrite of protest law to enable the police to restrict public protests and ban them at a whim. While packaged with several complaints in an appendix, the focus of the "thematic review" was clearly the provision of policy advice - something arguably outside the IPCA's functions. It is normal for other agencies providing policy advice to provide supporting documentation - submissions, briefings, communications, policy documents, and so on - either proactively or via the Official Information Act, so that the public can see that it is well-founded, that all relevant stakeholders have been consulted, and that the policy process has not been captured by any one group.

The problem of course is that the IPCA is exempt from the OIA. Nevertheless, I asked them to provide this information to give the reassurance we deserve in a free and democratic society that they were doing their job properly. They refused, saying

To support our work, our Act contains secrecy provisions and our proceedings and any evidence given to us are privileged. We do not collect statistics about the affiliations of our complainants or submitters and we are not able to release any of the information you request.

Those secrecy provisions however do enable the authority to disclose "such matters as in the opinion of the Authority ought to be disclosed... in order to establish grounds for the Authority’s conclusions and recommendations". The authority's refusal to do so in this case can only lead to the conclusion that they do not believe we ought (or deserve) to know the full basis for their policy advice. That they should be able to recommend significant law changes, while keeping the evidentiary basis (and supporting submissions, briefings, arguments, and testing of their conclusions) completely secret. And that is simply unacceptable in a free and democratic society.

The IPCA's exemption from the OIA has long been noted as anomalous. Its secrecy provisions exist to ensure that complaints can be heard in confidence - an interest already protected by the OIA, and which is protected in other ways for other complaints bodies otherwise subject to the Act. But as long as it stuck to its functions - hearing complaints - that didn't matter so much. Now it is giving significant policy advice, it is a different story. Complaints bodies have a case for limited secrecy around that function. But the idea that government agencies can develop policy in total secrecy is simply monstrous, and incompatible with a free and democratic society. It is precisely the problem that the OIA was enacted to solve.

Rather than rewriting protest law, I think it is time we rewrote the Independent Police Conduct Authority Act 1988. That rewrite must include a complete reassessment of IPCA secrecy, a narrowing of it to protect only the legitimate complaint functions, and the inclusion of the IPCA under the OIA - enabling us to properly scrutinise its administrative and policy work, as well as abstract statistical data on its complaints and outcomes. This would give us much-needed transparency over the IPCA, enabling us to better hold them - and through them, the police - to account.

The alternative is that the IPCA continues to be above the law and effectively unaccountable. The implications for its legitimacy and social licence - and those of the police they supposedly oversee - are left as an exercise for the reader.

Showing the Americans how to do it II

In 2022, Brazilian voters kicked president Jair Bolsonaro out of office. He responded with an attempted coup. And now, he's being prosecuted for it:

Jair Bolsonaro, Brazil’s former president, was charged Tuesday with overseeing a vast scheme to hold on to power after he lost the 2022 election, including one plot to annul the vote, disband courts and empower the military, and another to assassinate the nation’s president-elect.

The accusations, laid out in a 272-page indictment, suggested that Brazil came strikingly close to plunging back into, in effect, a military dictatorship nearly four decades into its modern democracy.

Brazil’s attorney general, Paulo Gonet Branco, indicted Mr. Bolsonaro and 33 other people, including a former spy chief, defense minister and national security adviser, accusing them of a series of crimes against Brazil’s democracy. The charges essentially adopted recommendations from Brazil’s federal police made in November.

This is how democracies defend themselves: with law and criminal charges. And as with South Korea, the contrast with America couldn't be clearer. And the refusal of America's political elite to defend their democracy and constitution from a violent insurrectionist is now having consequences all around the world.

Member's Day

Today is the first Members Day of the year. First up is a local bill, the Auckland Council (Auckland Future Fund) Bill, which is pretty boring. And then we get some fireworks, with the Committee Stage of Camilla Belich's Crimes (Theft by Employer) Amendment Bill. This made it past its second reading after surprise support from NZ First; today we'll get to see if that will continue. Will employment law be significantly improved because the coalition parties hate each other? If so, we should take the win. There's also an amendment paper from BelichNZ First which would remove the softer penalty for thieving bosses, and use the standard one under the Crimes Act. So, employers who steal more than $1000 by refusing to pay their workers would be looking at seven years, the same as someone who steals more than $1000 by any other means. On the one hand, this doesn't go far enough - being an employer is clearly a position of trust in relation to employee wages, so the higher penalty for theft by person in a special relationship should apply. OTOH, most thieving employers will be stealing more than $1000, so it might not make much difference. It will be interesting to see if NZ First votes for this as well.

Following this is the second reading of Deborah Russell's Companies (Address Information) Amendment Bill, and then the first reading of Marama Davidson's Consumer Guarantees (Right to Repair) Amendment Bill (backed by ConsumerNZ), which would see us allowed and empowered to fix our broken stuff, rather than throwing it in the trash. The House should then make a start on the first reading of Hūhana Lyndon's Public Works (Prohibition of Compulsory Acquisition of Māori Land) Amendment Bill, which the racist government will almost certainly vote down. There should be a ballot for two new Member's Bills tomorrow, or whenever they're holding them these days.