Friday, July 25, 2025



Climate Change: The inevitable consequences

When National came to power in 2023, one of its first acts was to repeal all useful climate change policy. And now this is having its inevitable consequences, with he Pou a Rangi reporting that we are at significant risk of missing our 2026-35 budgets, and the 2050 target:

New Zealand is at significant risk of missing its 2050 climate target, and the government's actions have increased the risk, according to independent monitoring.

The Climate Change Commission's 2025 emissions reduction monitoring report said New Zealand had made steady progress on reducing its climate pollution, but urgent action was needed to get on track for future goals.

The report had shown the country was likely to meet the government's first emissions budget, which runs from 2022 to 2025, in part due to accounting changes in the way emissions were measured.

However, the risks of missing targets from 2026 onwards had risen in the past year, and the government's plans were insufficient to put the country on track long-term.

That's the polite way of putting it. The blunt way is that the margin on EB2 is very tight and might not happen, while there are insufficient reductions to meet EB3, and two thirds of those are marked as "significant risk of delivery" - pure hot air. So the government needs to do more. He Pou a Rangi has a bunch of suggestions - cutting pollution subsidies, pushing the shift to EVs and industrial electrification, decarbonising farming - but it seems unlikely that a government ideologically hostile to climate action will take them. Instead they're more likely to end He Pou a Rangi's statutory monitoring role, to ensure nothing undermines their real policy of doing nothing.

The good news is that this report is strong evidence for the Environmental Law Initiative's judicial review of the next emissions reduction plan, increasing the chances it will be found to be inadequate and forced to be revised. But if that happens, I guess we'll see the regime attack fundamental judicial review rights as well.

And whichever way that goes, it is crystal clear that the next government will need to take immediate action to restore and strengthen climate policy, and make up for National's three wasted years. This will mean much harder emissions cuts than we would have had to make if National had simply continued previous policy. But that's what happens when you kick the can down the road: eventually, the future arrives, and you need to actually deal with the problems you've been denying.

The full report is here.

Thursday, July 24, 2025



Climate Change: the ICJ ruling

Last night the International Court of Justice provided its advisory opinion on Obligations of States in respect of Climate Change. Its very long, but the TL;DR is that states have real obligations under climate change treaties and other international law, including an obligation to limit fossil fuels, and that failing to uphold them may result in legal liability to pay compensation to injured parties. Importantly, these obligations are not just restricted to climate change treaties like the UNFCCC and Paris Agreement, but stem from all sorts of other treaties and agreements, including Montreal Protocol, Biodiversity Convention, Convention on the Law of the Sea, international human rights law, and ultimately, customary international law. So merely sticking your fingers in your ears and withdrawing from climate change treaties - fuck you, America - may change some specific obligations, but ultimately does not remove them or prevent liability.

Internationally, the door is now open for countries suffering climate damage to start suing laggards and deniers and start demanding reparations, with the backing of the international legal system. But the real difference will be its effects on how laws are interpreted within states, and on climate change litigation across the world. Because most legal systems recognise or refer to the relevant international law, and most courts pay attention to the ICJ's definitive interpretation of what that means. So if countries are not meeting the obligations the ICJ says they have, their own courts may be able to say so and force them to do so.

What does it mean for Aotearoa? To give one example, back in January the National-led regime issued a new Paris NDC of a 51-55% cut in emissions by 2035 (from a 50% cut by 2030). This was... unambitious, especially in light of advice from He Pou a Rangi that we could do 55-60% by domestic action alone, and that a fair target would be in the real of 70-75%. That unambitious NDC is clearly illegal in international law, as it clearly does not reflect our "highest possible ambition", and may not be consistent with the (now legally binding) 1.5 degree target. Another country - the Cook Islands, say - could sue us to force us to raise it. The next government has a cast-iron case for doing so. And all future advice on such targets will reflect the ICJ's ruling (at least if it is competent).

Another example: states have concrete obligations to limit fossil fuels, and granting new permits was marked as an action inconsistent with that. So the legal ground under the regime's plans to restart offshore drilling and subsidise the gas industry just shifted. The climate change clauses in our free trade agreements will be interpreted accordingly, so if it wasn't already illegal and in breach of those FTAs, it definitely is now. And MFAT should be screaming at the regime about that.

Most importantly: our climate change legislation refers explicitly to our international obligations in various places - target reviews, the setting of emissions budgets and emissions reduction plans, and ETS volume limits and unit price settings. The relevant legal instruments are incorporated directly into the law of Aotearoa in the schedules to the Climate Change Response Act. In interpreting them and deciding on those obligations, New Zealand courts are likely to find the ICJ ruling persuasive. While international obligations are explicitly one of only a number of factors for consideration, there's an assumption that the government will behave legally and consistently with its obligations, so in practice they're a limit. Which means that targets, budgets, and plans which are inconsistent with the legally binding 1.5 degree temperature threshold, or with the requirement to exercise due diligence in reducing emissions - might be ruled to be unlawful and forced to be reconsidered. Judicial review just got easier, and the Environmental Law Institute's case challenging the ERP may benefit significantly.

Its less clear what it will mean for cases like Smith v Fonterra, but I guess we'll find out.

Ideally, we shouldn't have to sue our own governments to get them to stop grovelling to the fossil fuel industry and adhere to their clear international obligations. But the ICJ has just given us a weapon to do so, and the people of the world should use it.

An attack on free and fair elections

That's the only way to describe the regime's new Electoral Amendment Bill. The big change is ending same-day enrolment, which enabled over a hundred thousand people to vote last election. National wants to disenfranchise those people. Their excuse? Administrative convenience - because they refuse to properly resource the Electoral Commission to handle the load. But it is simply a cynical attempt to strap the electoral chicken, and prevent those people - primarily young people and those who have moved shortly before the election - from voting.

But that's not the only change. They're re-instating the prisoner voting ban, which explicitly violates the Bill of Rights Act, in the process giving the finger to the carefully negotiated settlement between courts and Parliament over their responsibilities under our constitution. its pure performative punching down, while also helping to gerrymander electorates with prisons in them.

There are other unpleasant changes too:

So, reducing voting rights, transparency, and competition, while creating a one-off opportunity to put their thumb on the electoral scale for the next election. All of this runs completely counter to our democratic norms, and to public demand, which overwhelmingly favours more transparency. Combined with the regime's attacks on protest rights, it paints an increasingly dark picture of the character of this regime - and makes it clear that we need to oust it at the first opportunity.

Wednesday, July 23, 2025



Willis says "let them eat butter"

Butter has become a flashpoint in the cost-of-living crisis, with the price of the baking staple doubling in the last 14 months, and people queuing for cheap blocks. Its got so bad that National - the party of rich farmers - has had to pretend to care, with Nicola Willis having a meeting with Fonterra's CEO in an effort to talk down the price. The result? everything is fine, apparently:

The Finance Minister does not believe New Zealanders are getting a "raw deal" on butter, but has accepted there is no getting away from how expensive it is right now.
We’re not getting a raw deal? Bullshit. We can see it every time we go to the supermarket. But Willis is paid $304,300 a year plus slush, so she can buy all the butter she wants. Which makes the above sound a lot like "let them eat butter".

So who’s to blame? Willis is desperate to deflect attention from Fonterra, so blames the supermarkets:

The meeting had reinforced Willis' interest in increasing supermarket competition to put downward pressure on the price of butter.

"All roads lead back to supermarket competition. I continue to believe that is the most powerful lever that the government has on this issue. We will never be able to control global dairy prices. What we can influence is the amount of competition in New Zealand's grocery sector and we have a lot of work underway to address that."

While the supermarket cartel is absolutely part of the problem, National's "work programme" is basically "hope a third party joins the oligopoly and gets in on the gouging". So they have no real solutions there. And they're certainly not going to do what is necessary: legislate to forcibly break up the cartel and forbid mergers in the sector or its underlying logistics to prevent such accumulation of market power.

And none of this should be letting Fonterra off the hook. Because while there's a global price, there's no reason we, the people who bear the environmental costs of the dairy industry's profiteering and who subsidise them billions of dollars a year in water and carbon, should pay it. And we have tools we can use to ensure we get some benefit from hosting this parasitic, polluting industry. For example, we could ban or restrict dairy exports to ensure they served the domestic market first. Or just directly regulate to require them to sell domestically at a low price. Because seeing butter exported overseas while it becomes unaffordable to kiwis is simply unacceptable.

Obviously, regulating Fonterra would be bad for farmers. But it would be far better for the rest of us. And why shouldn’t those subsidised rural parasites give something back to the community they leech off for once?

Tuesday, July 22, 2025



National takes another step towards tyranny

Earlier in the month, the British government proscribed Palestine Action, a peaceful protest group, as a terrorist entity, over their effective protest action against British support for Israel's campaign of genocide in Gaza. Since then hundreds of people have been arrested for "supporting" them, some for simply holding a Palestinian flag. Its an appalling act of tyranny from a regime desperate to shut down criticism of its support for a genocidal regime. And now, the National government wants to bring that tyranny here, with a secret "consultation" on the Terrorism Suppression Act aimed at making designation easier and outlawing speaking in "support" of terrorist entities:

New Zealanders who publicly express support for terrorist groups could be charged with a criminal offence, as part of secretive proposals being considered by the Government.

[...]

The coalition Government is eyeing reforms to the law, with limited consultation currently taking place behind closed doors with a handpicked selection of groups and experts.

In a copy of the consultation document seen by Newsroom, the Ministry of Justice said the Government had agreed to progress “targeted amendments” to the law, which had not been substantively reviewed since its enactment.

The document said existing offences in the law “don’t capture the full range of behaviours or activities of concern that are part of the contemporary threat from terrorism”, and needed to be updated.

Among the changes being considered were making membership of a terrorist entity a criminal offence, creating new offences to capture public expressions of support for a terrorist act or designated entities (such as showing insignia or distributing propaganda), and modernising definitions for terms like “material support” to capture new online forms of support.

The consultation document also raised the possibility of a streamlined designation process, saying the current decision-making system was lengthy and the designation period was short.

You can read the consultation document here. Its odd that the NZCCL - Aotearoa's premier civil liberties organisation - was not consulted. But then, the whole point of this sort of "targeted consultation" is to exclude opposing voices, and insulate the process from criticism until it is rammed through parliament and is a fait accompli.

As for the merits: criminalising membership of a terrorist organisation does not sound unreasonable, except that such entities don't exactly have membership cards, and all the ways in which membership actually matters - recruiting, training, financing, providing material support, or enhancing the ability to carry out terrorist acts - are already all crimes. As for "public expressions of support", what is happening in the UK at the moment, where virtually any sign of opposition to Israel's genocide in Gaza or support for Palestine in general is being treated as support for a terrorist entity - shows the danger of that. And while the New Zealand government would claim that it is "different", its past actions show that they are not. Just this year, a government minister denounced an opposition MP as "support[ing] terrorism" over Gaza, and I recall him saying similar things about environmentalists opposing coal mines. These are the last people I would trust with stronger anti-terrorism powers.

The Ministry of Justice did not want to hear from Aotearoa about its secret plans. But you can tell them anyway. Read the discussion document, and send your feedback to nationalsecurity@justice.govt.nz by Friday 8 August 2025. While you're at it, tell them that in a democracy, consultations about fundamental civil liberties issues are public, not private.

Monday, July 21, 2025



Justice for Orgreave?

Forty years ago, during the UK miner's strike, Margaret Thatcher sent 8000 police to attack striking miners during the so-called Battle of Orgreave. 95 miners were subsequently charged with riot and violent disorder - only for the charges to be thrown out when the police were found to have systematically lied. The police paid nearly half a million pounds (in 1980's money) to settle the resulting lawsuits, but no officer was ever disciplined, and no-one was held accountable for the abuse of power. But now, the UK government is finally launching a formal inquiry into the police's actions:

More than four decades after the violent policing at Orgreave during the miners’ strike and a failed prosecution criticised as a police “frame up”, the government has established a statutory inquiry into the scandal.

The home secretary, Yvette Cooper, announced the inquiry having informed campaigners last Thursday at the site in South Yorkshire where the Orgreave coking plant was located.

The inquiry into the policing on 18 June 1984 and the collapsed prosecutions marks the culmination of remarkable persistence by campaigners, who argue that the miners’ strike remains an enduring source of injustice.

If run fairly and allowed to inquire fully (and if the files haven't all been conveniently “lost” or destroyed), the inquiry might actually get to the bottom of the systematic police misconduct during this part of the miner's strike, name names, and allow those responsible to be held to account - just like the similar inquiry into the Hillsborough disaster. OTOH, after 40 years, it is likely that many of those ultimately responsible - including Thatcher - are dead and buried, and the Establishment (which has refused justice and dragged its feet and whitewashed for the last forty years) will no doubt now argue that too much time has passed and nothing can be done - just as it has done over all its other crimes. Which just reinforces the need for that rotten institution to be ejected from power - permanently. The UK deserves democratic, accountable government, not a rotten system of lies and cover-ups which seems to exist primarily to protect itself from accountability.

Friday, July 18, 2025



Killing the alternative

During the debate over ACT's hated Regulatory Standards Bill, many professional submitters (such as the law Society) have pointed at the existing Part 4 of the Legislation Act 2019 as an alternative. While it has not been brought into force, this would replace the existing grace-and-favour Departmental Disclosure Statement system with a statutory scheme, requiring all government bills to be accompanied by a report on their unusual features and departures from accepted - as opposed to propertarian weirdo - legislative and constitutional norms.

So naturally, the government is repealing it. The Legislation Amendment Bill, which began its first reading yesterday, includes a section repealing all of part 4, which will come into force the day after it is passed. Why? The bill's explanatory note is for once crystal clear:

The Bill proposes to repeal Part 4 of the Act before it comes into force. Part 4 would impose disclosure requirements for Government-initiated legislation, which would duplicate key elements of the Regulatory Standards Bill being progressed separately by the Government. Existing Cabinet-mandated provisions for disclosure requirements for Bills will continue to apply in the meantime.
So, it's being killed just to ensure there is no alternative to ACT's weirdo Libertarian fetish bill. Which I guess just means additional work when the RSB is repealed by the next government.

Thursday, July 17, 2025



Climate Change: Holding conservatives responsible

Last week the regime released its approach to climate adaptation: basically "you're on your own". The government won't use policy to manage retreat and minimise costs, but rather just let people keep building in stupid places where they will be flooded and eroded. But they won't bail people out for that either; at least, not after some transition period designed - as usual - to ensure the Boomers are protected while everyone else gets fucked. Basically, the worst of all worlds, with no responsibility by anyone for managing the effects of our biggest policy failure. And meanwhile the costs of the failure keep rising and rising and rising...

(Oh, but of course they bailed out the farmers, who caused this. So I guess not all of us are on our own...)

Over on The Spinoff, Max Rashbrooke asks a very good question: Where do I send conservatives the bill for climate change?. Because as they point out, it is conservatives, here and abroad, who have systematically thwarted efforts to reduce emissions and prevent this ongoing disaster. Internationally, conservative billionaires spent millions to build a vast network of denialist mouthpieces (and that was a decade ago; they've spent a lot more since). As for here, well...

As the documentary Hot Air reveals, in the early 1990s Simon Upton, the minister for the environment, wanted to introduce a carbon tax, but was thwarted by the likes of the New Zealand Initiative – in its former guise as the Business Roundtable – bringing in climate deniers to disrupt the debate.

[...]

[The Clark] government did introduce the Emissions Trading Scheme (ETS), and if she didn’t go further, it was substantially because of opposition from – you guessed it – the right. Remember National MP Shane Ardern driving a tractor up parliament steps to protest against the ETS? That’s the story of this issue, over and over: left-wing governments trying to do more in the teeth of right-wing opposition, and right-wing governments doing very little despite being urged to do more by left-wing ones.

Basically, we are in this mess because conservatives, out of ideology, greed, partisan hostility, and a desire to protect their status quo, worked very hard to put us here. Its time we recognised this. But not just by making them pay - but by holding them criminally responsible for ecocide.

Drawn

A ballot for a single member's bill was held today, and the following bill was drawn:

  • Residential Tenancies (Registration of Boarding House Landlords) Amendment Bill (Rachel Brooking)

(Thanks to Dave for getting the results up before parliament did)

There were 72 bills in the ballot, including two new right to repair bills (one for motor vehicles, and one for agricultural equipment). Which makes me worry about the fate of the Consumer Guarantees (Right to Repair) Amendment Bill...

Wednesday, July 16, 2025



ACT means secrecy

Back in April an OIA request exposed the absurd cost of ACT's charter schools - five times more per student than the government spends on public schools. ACT obviously didn't like that, but they have a solution: keep the number of students secret:

The seven charter schools set up at the start of the year have been told to keep their enrolments secret, by The Charter School Agency.

The organisation, which manages charter school contracts and funding, told RNZ it was not appropriate to share information about the rolls of the publicly funded private schools.

"The Charter School Agency does not intend to release the numbers of students currently enrolled at each individual school during the crucial establishment phase as this could undermine their commercial position and their efforts to build their roll and deliver quality education," it said.

...which means no more bad headlines about stupidly high costs per student. Convenient for a minister and an agency wanting to avoid criticism. But terrible for the public wanting to know whether these gold-plated luxury schools work or not, and if the cost is worth it.

(Of course, it's illegal: most of the schools in question are non-profit, and so cannot have a commercial position to protect, and for those that aren't, there's a clear over-riding public interest in transparency and accountability, in that student numbers are essential to determining whether the people of Aotearoa are getting value for money. But that would require a complaint to the Ombudsman, which would take a year or two, so the government wins simply by virtue of shit enforcement...)

There's an obvious parallel here with the government's boot camps - also run by an ACT minister - where after several high-profile failures, all outcomes were declared secret. And that's how this government prevents criticism: not by performing well, but by censorship and secrecy. Transparency? Our right to know? Not under this regime.

Member's Day

Today is a Member's Day. First up is the first reading of Debbie Ngarewa-Packer's Resource Management (Prohibition on Extraction of Freshwater for On-selling) Amendment Bill, and then it's the second readings of Tracey McLellan's Evidence (Giving Evidence of Family Violence) Amendment Bill and Camilla Belich's Employment Relations (Employee Remuneration Disclosure) Amendment Bill. Then it's back to the first reading of Ingrid Leary's Property Law (Sunset Clauses) Amendment Bill. If the House moves quickly it might make a start on Cameron Brewer's Life Jackets for Children and Young Persons Bill. There should be a ballot for one or two bills tomorrow.

Tuesday, July 15, 2025



This industry should be destroyed, not subsidised

The health insurance industry is parasitic on our public health system, taking people's money, providing them with th easy, cheap stuff, then sending them straight back into the public health system for anything which might cost them money. But not enough people are buying it anymore. So they're doing what all NZ industries do when the going gets tough: demanding a government subsidy:

Health insurance is becoming too expensive for some New Zealanders and it's prompted a call from the industry for tax breaks to help.

Research from the Financial Services Council, which represents life and health insurers, shows that a third of people with health insurance have downgraded or reduced their cover in the past year.

They're wanting full tax deductibility for premiums, and an exemption from fringe-benefit tax for employer-paid schemes. Which would obviously be great for them, and great for the rich people using their system to try and jump the queue. But any money spent subsidising their profits like this would be far better spent directly through the public health system. And spent there, it would benefit everybody, not just health insurance executives and their shareholders.

This is not an industry that should be subsidised. Instead, like foodbanks, the government should be actively trying to drive health insurers out of business, by building a stronger public health system that provides for everyone's needs.

Monday, July 14, 2025



A step towards freedom in Kanaky

Last year, New Caledonia burned after colonial France attempted to renege on a hard-won decolonisation deal and unilaterally impose constitutional changes without the consent of Kanaks. But now, after months of negotiations, France has finally consented to a further devolution of power, making Kanaky a state within France:

One of the most notable developments in terms of future status for New Caledonia is the notion of a "State of New Caledonia", under a regime that would maintain it a part of France, but with a dual citizenship (France, New Caledonia).

[...]

The text also envisages a gradual transfer of key powers currently held by France (such as international relations), but would not include portfolios such as defence, currency or justice.

In diplomacy, New Caledonia would be empowered to conduct its own affairs, but "in respect of France's international commitments and vital interests."

[...]

On police and public order matters, New Caledonia would be entitled to create its own provincial and traditional security forces, in addition to national French law enforcement agencies.

Its not independence. But its getting close, and it will allow the people of Kanaky to run their own country in their own way. And from here, its a very small change to full independence, or being an "associated state" of France.

Whether the deal will stick remains to be seen. But on that front, there's an obvious question: when will France release the political prisoners it took hostage?

Thursday, July 10, 2025



Gas is still dead

The National regime, with its outdated fossil thinking, is desperately trying to revive the fossil fuel industry. Meanwhile, that industry seems to be voting with its feet: one of my regular checks of the gas permit map, and comparison with the permit spreadsheet, shows that OMV has surrendered another two offshore exploration permits: 57075 and 60092. So of the nine offshore Taranaki exploration permits which existed when I started tracking this, seven have been surrendered, and only one is still active, and it expires in 2028.

(If you're wondering why I say nine offshore permits but the spreadsheet shows ten, its because the government was forced to grant another one under pre-ban rules by the courts in 2023).

The bad news is that National has converted Todd Energy's Karewa exploration permit off Kawhia into a mining permit. Which is weird, because the exploration permit had expired in July 2023, but NZPAM conveniently sat on an application to convert it for the last two years. Then, Todd Energy apparently applied again in May, and had it granted in just two weeks. Which seems... unusual. And only possible because of Labour's bad faith in banning new permits, but allowing existing ones to be extended and even converted, rather than guillotining the industry like it needed to do, which allowed the application to hang around until National had changed the law.

But on the plus side: Todd Energy's permit may simply end up as an accounting fiction, used to boost the nominal value of the company while the gas stays in the ground. Any possible development isn't going to happen until the end of the decade at the earliest, and there simply won't be a market for gas by then. And of course there'll be plenty of time between now and then for the next government to reimpose the offshore ban and legislatively revoke their permit. Which in itself ought to deter any development, because the risk of wasting a shit-ton of money is simply too great. The only question is how much this zombie industry is going to shamble around groaning before it finally realises it is dead.

A criminal nation

The European Court of Human Rights has found Russia guilty of horrific human rights violations during its unlawful invasions of Ukraine:

Russia has committed flagrant and unprecedented abuses of human rights since it invaded Ukraine in 2014, including extrajudicial killings, sexual violence and forced labour, the European court of human rights has found.

The court’s grand chamber unanimously held that between 11 May 2014 and 16 September 2022, when Russia ceased to be a party to the European convention on human rights it had committed “manifestly unlawful conduct … on a massive scale”.

[...]

In its judgment, published on Wednesday, the court said there was evidence of widespread and systemic use of sexual violence, accompanied by acts of torture, such as beatings, strangling or electric shocks. Civilians and prisoners of war were subjected to mock executions, the severing of body parts and electric shocks, including to intimate areas of their bodies, the court said.

Finding repeated violations of the convention, many of which had taken place over a period of more than eight years, the court said: “These actions seek to undermine the very fabric of the democracy on which the Council of Europe and its member states are founded by their destruction of individual freedoms, their suppression of political liberties and their blatant disregard for the rule of law.

The court also found Russia guilty of shooting down Malaysia Airlines Flight 17, murdering 298 people.

Russia withdrew from the court in September 2022, so the ruling isn't directly enforceable. But its enforceable within Europe, and Russian assets frozen there could lawfully be seized to pay compensation. More importantly, if Russia ever wants to normalise its relationship with Europe, it is going to have to address this, accept the ruling, and make restitution. And until it does, the world is justified in treating it as a criminal nation.

Wednesday, July 09, 2025



"There is no corruption in New Zealand..."

A government lavishes corporate welfare on a project managed by one of its donors, then appoints him as a director of a government body. The USA? No, its National's New Zealand:

A newly-appointed KiwiRail board director is associated with a company which donated to NZ First.

Scott O'Donnell is one of the four directors of Dynes Transport Tapanui, which donated $20,000 to NZ First in July 2024.

The company is also involved in a project which recently received a government regional infrastructure loan of $8 million.

A $8 million loan and a fat package of directors fees for a $20,000 donation? That's a hell of a return on investment...

The government says none of this is a conflict of interest, and its all perfectly OK. Bullshit. Its simply naked corruption - and the NZ public recognises that instantly. If our political class can't, then it shows how corrupt and institutionally rotten they are.

So how can we stop this? Getting money out of politics - banning donations and publicly funding political parties - is the ideal solution. But if that's not going to happen, we need a cordon sanitaire between money and politics. Which means long cooling off periods - at least the length of a parliamentary term - before a former donor is allowed to be appointed to any government role or receive any honour, and similar prohibitions on any body they control or are involved in being awarded any government contract or discretionary benefit. And if this deters donations, then it will simply confirm the suspicion that the primary driver is corruption.

Monday, July 07, 2025



Another attack on the rule of law

Over the past few years New Zealand fisheries ministers have been repeatedly found to have acted illegally in their quota decisions, ignoring the Fisheries Act's environmental and information principles and setting quota at unlawfully high levels to pander to the fishing industry. But current fisheries minister Shame Jones has a solution: ban court cases:

But a “frustrated” Jones is signalling a dramatic response: he’s considering changing the law to limit such court action altogether.

In an interview with The Post, Jones said he had asked officials to review the Fisheries Act to determine whether it had become “weaponised” by environmental groups.

[...]

“The frequency of this litigious activity has caused me to explore with the officials as to whether or not the law is fit for purpose,” he said.

“We cannot have a situation where we’re outsourcing to litigants and the judiciary the statutory role of resource management on behalf of the citizens of New Zealand.”

But of course that wouldn't be happening if ministers were obeying the law in the first place. The problem here is not the courts - it is consistently unlawful behaviour by ministers, who seem to regard the whims of their fishing industry donors as being more important than the law.

More generally, interpreting the law and ensuring that the government actually follows it are key duties of the courts. When you remove that, you don't have legal government in any real sense. Instead you have the arbitrary whims of a dictator. That may suit Jones very well - he's made no secret of his authoritarian and autocratic inclinations. But I don't think it suits kiwis at all. But if Jones goes ahead and pushes this through in his narrowing time window before the election, it will simply be another piece of bad law to be nuked in the next government's Omnibus Repeal Bill.

Thursday, July 03, 2025



A further descent into tyranny

A protest group carries out repeated non-violent actions to highlight its cause, highlighting the fact that the regime's foreign policy is in violation of international law and is at odds witht he values and wishes of its people. The regime responds by banning the organisation, and threatening 14 year jail terms for anyone who expresses support from it.

Putin's Russia? No, it's Starmer's UK:

MPs have voted in favour of legislation to proscribe group Palestine Action as a terrorist organisation, passing by 385 votes to 26.

The order, which amends the Terrorism Act 2000, is now expected to be signed by Home Secretary Yvette Cooper and come into effect later this week.

Once in effect, supporting Palestine Action will become a criminal offence, with membership or expressing support for the direct action group punishable by up to 14 years in prison.

This is exactly what civil libertarians and human rights groups warned about when western governments passed "anti-terrorism" legislation in the wake of September 11th: that the tools used to target terrorists would ultimately come home and be used against peaceful protest groups. Its taken 25 years, but its happened, and there's no coming back from it. Along with the UK's anti-protest laws and the jailing of peaceful activists, it makes it clear that the UK is now a tyranny in all but name. And there's one thing we all know about tyrannies: they deserve to be overthrown.

Tuesday, July 01, 2025



This is what the IPCA's anti-protest laws mean

Back in February, the "Independent" Police Conduct Authority issued a radical, out-of-the-blue proposal to ban protests. The core of their proposal was a requirement for protesters to notify police well in advance of any protest action, and to obey whatever conditions police subsequently set or directions they made, with failure to do so being an arrestable offence. The latter proposal has since been adopted as a Member's Bill by a National MP, so its very much the regime's agenda as well.

The IPCA's proposal was based in part on draconian Australian anti-protest laws. And there's a perfect example of what they mean in practice, with the possible blinding of a protestor by police in Sydney:

A former Greens candidate has been injured after allegedly resisting police arrest while picketing a business in Sydney’s west, with friends and family warned she may lose sight in her right eye.

The protest, which attracted between 50 and 60 people, sought to stop pedestrian access to a business that was accused by protesters of “supplying electroplating and surface coating services for a variety of applications including aerospace and defence technology” to Israel.

[...]

According to police, officers issued a move-on direction to the protesters at about 5.30am on Friday.

The force alleged the protest was “unauthorised”, as those involved had not given advanced notice nor submitted a form that protected them from being charged under anti-protest laws.

The key thing to realise here is that police may use "reasonable force" to effect an arrest. So creating an offence of "disobeying police" or "refusing to tell police your plans" is effectively a licence for police to beat people at will, an invitation to the sort of violent and brutal policing exemplified above. Or to the sort of violent and brutal policing we see in America, where police respond to protests with barrages of tear gas, rubber bullets, and baton charges, because apparently that's an appropriate response to people yelling and waving banners in the streets.

This sort of policing is profoundly incompatible with democracy. It is not the sort of policing we want to see here. And if the IPCA wants it, then they are no longer fit for purpose, and should be dissolved.

National is afraid of kids

As the government - or one of its Ministers, anyway - keeps reminding us, Parliament is meant to be a place of free speech, where MPs (but not apparently select committee witnesses) need to be able to robustly criticise government policy and hold Ministers to account. But Youth MPs at this week's Youth Parliament won't be able to experience this. Instead, they're being censored, to stop them from criticising the government:

Some young people taking part in Youth Parliament 2025 say they’ve been censored and told to avoid speaking on major political issues — including voting rights, climate action, pay equity and financial literacy — or being critical of ministers.

“We’ve been told to soften our language, drop key parts of our speeches, and avoid criticising certain ministers, as speaking out could ‘cause problems’,” said Nate Wilbourne, founder of Gen Z Aotearoa and Youth MP for Labour’s Damien O’Connor. “That isn’t guidance — it’s control.”

In a statement, the coalition of youth organisations accused the Ministry of Youth Development of censorship, saying decisions made by officials have undermined the event.

Youth MPs have been specifically banned from speaking on the issues that matter most to them, including voting rights, pay equity, and climate action. And they have been banned from clapping or "expressing dissent" in the chamber. The RNZ version of the story suggests that the Ministry of Youth Development is trying to enforce "political neutrality" on youth MPs - a standard which applies only to public servants, not young members of the public.

This is pathetic. But it is certainly revealing about what the regime is afraid of. And what they're afraid of are young people who overwhelmingly disagree with them freely expressing their views. But if they won't let youth MPs properly express themselves in Parliament, maybe they should do it outside, and make it clear how rotten this dogshit government is.