New Zealand: Salmond on abuse of democratic freedoms

### stuff.co.nz Last updated 10:57 13/01/2015 — Dominion Post
Erosion of democratic rights
By Dame Anne Salmond
OPINION In the wake of the shooting of cartoonists and journalists in Paris, political leaders in New Zealand have expressed shock and horror, and their support for those who uphold freedom of expression in other countries.
What about freedom of speech and thought at home, however?
Over the past decade or so, politicians seeking to uphold their own power have abused democratic freedoms in New Zealand. Journalists including Jon Stephenson (for reporting on New Zealand’s involvement in Afghanistan), Andrea Vance (over a suspected leak of a report about the GCSB spy agency), and Nicky Hager (for exposing scurrilous relationships between senior politicians and muck-raking bloggers) have been intimidated and attacked.
While our leaders do not shoot people, they work with others to try to ruin the lives and careers of those who disagree with them. The means may be different, but the intent is the same. One way or another, their critics (however valid their points of view might be) must be silenced.

It is not just outspoken individuals who are at risk. Institutions that are the bulwarks of our democracy have been undermined. Since the 1980s, the civil service, which is supposed to offer informed, impartial advice to politicians, has been brought under ministerial control, and instead of serving civil society now largely serves its political masters.

The freedom of the press has been compromised, for instance in the wake of the teapot tape scandal, when newspaper offices were raided in an effort to prevent the publication of those recordings, or when improper pressure is brought to bear on journalists and media outlets for partisan political purposes.
While H L Mencken defined good journalism as “afflicting the comfortable, and comforting the afflicted”, much journalism in New Zealand now does the opposite. Read more

█ Dame Anne Salmond is a Distinguished Professor at the University of Auckland. She was the 2013 Kiwibank New Zealander of the Year.

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Anthony Robins at The Standard says:
“Salmond goes on to cover attacks on “The independence of the judiciary and the rule of law”, “Independent statutory bodies”, “Freedom of thought and inquiry in universities and Crown Research Institutes” and “Radical extensions of the powers of the SIS and the GCSB” […] It’s an excellent article, and a depressing summary of the state of NZ.” Link

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Posted by Elizabeth Kerr

Chief Ombudsman | OIA review

“The effective operation of the OIA is crucial to our system of open and democratic government, and this review will scrutinise how things are currently operating and set out a framework for systemic improvement where deficiencies are identified.” –Beverley Wakem, Chief Ombudsman

### NZ Herald Online 2:11 PM Tuesday Dec 16, 2014
Government offices selected for OIA review
By Isaac Davison – NZ Herald political reporter
The Chief Ombudsman says a major review of the Official Information Act will scrutinise all 27 government ministers’ offices.
Dame Beverley Wakem today began her review of the way the public sector used the OIA, which she first announced in August.
Twelve government agencies have been selected for formal review, based on their size, number of OIA requests, complaints, and other criteria.
A further 63 agencies and all ministers’ offices have been asked to complete a detailed survey. At least one agency cited for good OIA practice would be included in the review.
The Ombudsman’s office would also seek input from past and present public servants, Opposition parties, journalists, academics and others.
Dame Beverley said the goal was to assess the quality and integrity of OIA practice in the public sector and to address any issues that were found.
Read more

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█ For more, enter terms such as *corruption*, *fraud*, *whistleblowers*, *dia*, *department of internal affairs*, *stadium*, *gambling*, *auditor general*, *oag*, *audit nz*, *orfu*, *nzru*, *sfo*, *pokies*, *ttcf*, *racing* or *rugby* in the search box at right.

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Posted by Elizabeth Kerr

RNZ: Cost of economic crime

My conclusion (which should sound vaguely familiar) – our priorities as a country are completely screwed. If we put as much energy into cracking down on economic crime as we did chasing welfare cheats – we could afford a proper welfare system…. –Anthony Robins, The Standard 21.10.14

### radionz.co.nz Updated at 1:17 pm on 19 October 2014
Sunday Morning – sunday@radionz.co.nz
Economic crime costs up to $9.4bn
By Jeremy Rose
Economic crime is costing New Zealand up to $9.4 billion a year according to a draft Serious Fraud Office (SFO) report obtained by Radio New Zealand.

█ Listen to a full discussion of the document on Sunday Morning (48:55) {Citifleet gets a sound bite}

At the beginning of last year the then Minister for the SFO, Anne Tolley, was reported as saying that a number of Government ministries had been working for two years on a report quantifying the cost of economic crime and it would be presented to Cabinet in the near future.

But the report did not make it to Cabinet and was not released.

█ Read the SFO draft report obtained by Radio New Zealand

Radio New Zealand obtained a draft copy of the SFO’s report under the Official Information Act. The methodologies that would have made it possible to calculate the total costs were redacted.
However, Radio New Zealand has also obtained a copy of the report with the estimated costs of the various types of economic crime included – which put the total cost of economic crime at between $6.1 and $9.4 billion.
The report noted that was more than twice the combined annual budgets of police, the Department of Corrections, and the courts; more than the total net profit of New Zealand’s top 200 companies and top 30 financial institutions; or the equivalent of $2000 for every adult living in New Zealand.
Read more

[Graphic: Radio New Zealand – some estimates in the report]

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ODT 20.10.14 (page 8)

● ODT 16.10.14 Feeley speaks up for SFO
● ODT 18.10.14 SCF witness omission puzzles

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Posted by Elizabeth Kerr

Chief Ombudsman Beverley Wakem to launch post-election inquiry

█ What today’s ODT editorial doesn’t tell you, story sunk not headlining…..

“We may as well kiss democracy goodbye” –The Standard
By NATWATCH, published at 8:13 am, September 19th, 2014
The words of the title of this post are those of Ombudsman Dame Beverley Wakem …. Yet another typical scandal from the dirtiest government ever seen in NZ. Read more + Comments

Chief Ombudsman Dame Beverley Wakem to launch wide-ranging inquiry after election in respect of OIA practices

### NZ Herald Online 5:30 AM Friday Sep 19, 2014
Ombudsman ‘appalled’ by ex-Customs lawyer’s OIA allegations
By David Fisher
A former Customs lawyer claim that he was told to bury bad news matches similar stories which have sparked a wide-ranging inquiry by Chief Ombudsman Dame Beverley Wakem. She said she was “appalled” by Curtis Gregorash’s claim. “Having said that one of the reasons I am undertaking of selected agencies in respect of their OIA practices is that anecdotally a number of people have told me similar stories,” she said. She said a planned inquiry to be launched after the election could see the Ombudsman’s office using its Commission of Inquiry powers to compel evidence to be given under oath were there signs information was being hidden. “Ministerial offices will be figuring in our inquiry and that is all I will say.”
Read more

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Whistleblower Curtis Gregorash said he was subjected to an internal investigation after releasing information about Dotcom sought by the NZ Herald through the Official Information Act. The information released saw Customs staff discuss earning “brownie points” by passing on Dotcom information to the FBI.

### NZ Herald Online 5:30 AM Friday Sep 19, 2014
Ex-Customs lawyer claims he was told to bury info that could embarrass the Government
By David Fisher
A former high-ranking Customs lawyer says he resigned from his job after allegedly being told to bury information that could embarrass the Government.
Curtis Gregorash said he was told by senior Customs executives to refuse Official Information Act and Privacy Act requests, which he believed was at the direction of former Customs Minister Maurice Williamson. It comes at a time the Prime Minister’s office is under inquiry over the release of intelligence material through the OIA and accusations that former Justice Minister Judith Collins was manipulating OIA responses for political purposes. [Mr] Gregorash quit his role as Customs’ chief legal counsel in March this year after more than a decade as a government lawyer.

The lawyer turned whistleblower said: “I’ve sat on it for a long time. But the story itself is so awful it needs to be told. I think people really need to see what ministers and some senior executives do.

He had decided to speak because he believed the alleged instruction “was unlawful”, undermined the way the public service was meant to operate and was given for what was ultimately political reasons. “The direction came down (from the minister) through the CEO (Carolyn Tremain) and group manager (of legal services) Peter Taylor to me saying ‘you don’t release anything – I don’t care what the OIA says, I’d rather fight it in the courts’.”
Mr Gregorash said the alleged instruction came during a briefing from Mr Taylor to the legal team in which he referred to Ms Tremain and meeting with Mr Williamson. “I resigned over it. I couldn’t stare my staff in the face and say this is actually serious conduct that’s being presented to you in a lawful way.”
Mr Gregorash said the alleged instruction to withhold information was general – but became specific in relation to “sensitive” issues, including entrepreneur Kim Dotcom, wanted for copyright violation in the United States. “Mr Taylor directed me to withhold all information and pass the same direction on to my team.”
Read more

● In the public interest, lengthy citation of articles by David Fisher at New Zealand Herald (APNZ).

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Related Post:
21.3.13 Public service causing “paralysis of democracy” with OIA requests

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Posted by Elizabeth Kerr