Crossing the border

This is the border house at the border between Vietnam and Cambodia. We spent around three hours here as they checked all our paperwork.

A few people have asked me for more details of the boat, so here’s a few photos to give you an idea of what it is like on board.

This is the sun deck and pool area. We’re averaged 32 degrees or so, which has been great. Despite it being the end of the wet season, haven’t had a drop of rain yet. Most importantly very little humidity. It is bloody hot, and you wilt in the sun. But it is dry hot. Not like Singapore where you get soaked even crossing the road.

The rather small gym. Nice views though.

This is the main Saigon Lounge. We do briefings in here, and can generally relax in here.

The dining room. The boat can take 92, but we have around 60 – 70, so lots of room.

The interior is lovely, with lots of wood. There are four decks.

The corridor I am in.

My cabin number. Damn. So close!

The bed inside the cabin. A good queen size and very comfortable. Not a lot of sun as I am in the cheaper porthole cabins. But is fine, as I only really sleep or work in there. The upper floors have little balconies.

Has a decent work area. I work offline in the cabin and online in the lounges where I have wireless.

The Library, which also serves as a nice quiet place to blog from.

The RV La Marguerite is very modern, and nice. No complaints at all.

Greens advocate US style funding

What hypocrites. The Greens rail against US-style political finance consistently, using it to justify their support for the now deceased Electoral Finance Act and proposed Lobbying Transparency Bill.

Pete George blogs:

The Greens have been accused of using child poverty to mislead people into donating to them.

But a spokesman for New Zealand’s third-largest party said they were simply adopting fundraising techniques used by the likes of United States President Barack Obama.

A spokesman for the Greens said there was nothing suspect in the request for donations.

All donations received would go towards the party’s campaign to end child poverty.

“Ending child poverty requires political action. Our campaign is about getting rid of the political causes of poverty,” he said.

“Our fundraising appeals are consistent with recent developments in email fundraising. Many people now prefer to fund specific campaigns rather than parties.”

Mr Obama’s campaign team has employed similar tactics in the US presidential campaign, including asking for donations to fund a website dedicated to rebutting political attacks on the him.

The donations do not necessarily go directly to that cause but rather into the wider campaign fund.

Obviously the Green Party can adopt United States political techniques if they wish. It could be seen as smart and slick politics.

 So they are playing on the emotional response to poverty to try and raise funds for their political campaigning. Very principled.
This is the same party that is spending taxpayers money on purchasing signatures (through paid collectors) for a citizen’s initiated referenda. Again, quite legal, but absolutely against the intent of the legislation which is for citizens to hold MPs to account, not for MPs to hijack.

Fake invoicing

The Herald reports:

Six people have been arrested over a $1.6 million invoice scam which involved the sale of advertising in magazines that did not exist or were not as widely circulated as claimed.

The arrests follow a five-month operation involving more than 60 staff from multiple agencies – the first of its kind to crack down on invoice scams in New Zealand.

Police arrested six people in Auckland, Port Waikato and Picton after search warrants were executed at more than 25 locations throughout the country.

All are facing charges of participating in an organised criminal group, while five are also facing fraud charges.

The Serious Fraud Office (SFO) alleges the group sold advertising in magazines that did not exist or had “grossly exaggerated” circulation figures.

The magazines had general titles that suggested links with worthy causes like road safety, parenting or drug addiction.

The SFO alleges the invoice scam generated up to $1.6m since 2008.

These sort of scams have been going on for decades. They’re sort of cunning. They rely on the fact that large companies will just pay a $250 bill without bothering to trace down which ad appeared and who authorised it.
Small companies will go back and say they didn’t place an ad, be told it was a mistake, and generally not worth their time to follow up and expose it as a scam, if they even realise it is.

Acting SFO chief executive Simon McArley said high-volume, low-value fraud was particularly difficult to address.

But the operation was completed in a relatively short timeframe because of the multi-agency approach.

“The agencies were able to each contribute specialist skills and achieve a result that none working alone would have been able to,” Mr McArley said.

“Invoicing scams cost New Zealand businesses hundreds of thousands of dollars a year and small businesses and charities are often the target.

Will be interesting to see the names of the accused.

NetHui South

If you live in the South Island and are annoyed all the good conferences are in the North Island, well NetHui is having a NetHui South conference in Dunedin on Friday 23rd and Saturday 24th November.

It’s only $40 registration, and ICT Minister Amy Adams is a keynote speaker. Sessions scheduled so far include:

  • Usable Security
  • Dunedin Digital Strategy
  •  Creative Commons
  • Rights-based approach to the Internet
  • Digital inclusion
  • Copyright & the Internet
  • Regulating bad behaviour online
  • Cybersecurity: at a tipping point?
  • Internet Governance
  • Vision 2020 with Clare Curran and Gareth Hughes
  • Internet-enabled opportunities for New Zealand
  •  Is the notice and consent privacy model dead?

I’m on one of the panels and involved with a couple of the workshops. Hope to see some mainlanders there.

Want to help highlight the silly complainers?

Just been looking at all the complaints that the Advertising Standards Authority has had to deal with this year. There are a staggering 523 complaints, and reading through many of them, you see so many people with a total lack of sense of humour. For example:

The direct mail flyer showed a picture of a cow that had attempted to jump over a steel gate, but had got stuck half way. The position of the cow over the gate appears uncomfortable. Above the image is the heading “Rural broad band… no more obstacles”. Further information about the broadband packages is listed next to the image. …

Complainant, C. Bateman, said: in part “This image is disrespectful to animals, is offensive to anyone concerned about animal welfare and even if it’s meant to be “tongue in cheek” it is not even remotely humourous.”

Oh Good God. And that is one of the more sane complaints.

Anyway this has given me an idea for a regular feature – focusing on the idiotic complaints people send to to various regulatory bodies.

But I need some help to do this.

What I’m after is one or two people who will say once a week on alternate weeks go to the websites of the ASA, BSA and Press Council and have a quick skim of complaints. Then all you have to do is send me a link and/or an extract of the ones which are basically seriously demented or show someone totally lacking in humour.

If this appeals to you, just e-mail me. I think we’ll be doing a public service by highlighting the inanity of some of our serial complainers.

Probably looking to do one post a week highlighting no more than six inane complaints. I suspect a few names will reoccur!

Trying to suppress free speech

Bean Heather at Stuff reports:

A tobacco giant is being accused of illegally advertising cigarettes under the guise of a “public awareness campaign”.

The Health Ministry has received 14 complaints against British American Tobacco New Zealand’s “agree/disagree” campaign opposing plain packaging.

The complainants say the company’s campaign – which has included television, radio and print ads – breaches the tobacco advertising ban.

But the ministry has disagreed, with chief legal adviser Phil Knipe claiming that there were “insufficient grounds to support enforcement action at this time”.

Of course the complaints went nowhere. The ban on advertising of tobacco is designed to stop marketing of cigarettes – not designed to stop a company from voicing its opinion on a regulatory issue. I suspect those who complained know that.

As it happens I think the BAT campaign is stupid, and in fact likely to be counter-productive to their cause. So don’t think I am defending the campaign. But BAT have the right to voice their concerns over a proposed law.

The name of the company is very different to the name of a cigarette brand. I doubt 99% of those who smoke a BAT cigarette know whom BAT is.

Advertising Standards Authority chief executive Hilary Souter said she had also received complaints calling the campaign illegal, all of which had been referred to the ministry.

“Whether or not the ad is a tobacco ad is outside our mandate,” she said.

On Friday, the authority also dismissed five complaints against British American Tobacco (BAT) regarding other aspects of its campaign. Most complainants felt the campaign was misleading, confusing facts with opinions.

One complainant called it “an attack on the sovereignty of political discourse in New Zealand”.

Actually those trying to suppress the rights of free speech are the real attack on the sovereignty of political discourse.

Tan Chau

Thursday was in Tan Chau, which was out last stop before we crossed the border. we toured around partly by boat, partly on foot, and partyly by rickshaw!

A lot of fishing in this area. The Mekong is a vital part of the economy to six countries.

Some of the local boats are damn small. Luckily the crocodiles are now all upstream.

Some of the houses actually float on the river..

This is a fish farm. Incredibly they have around 35,000 fish in this 4 metre deep tank. You feel sorry for the fish. It seems to be the fish equivalent of what Auckland will be like under Len’s long-term plan of housing intensification!

The economics behind the fish farming are interesting. You have to pay the Government to fish on the river, but if you grow an farm your own fish, then there is no tax on it. So hence you get fish farms.

The river can rise two metres at different times of year, so they have to build high enough not to flood.

A local out in his boat.

This kid was running beside the boat as we drew up.

And he happily took the tour sign away from our guide, and became our guide for the next half hour!

A local female villager carrying crops.

A local farmer spraying the ground to prepare it.

The kids from the local school. We were visiting a village of around 500 people. Vietnamese kids are incredibly friendly, and chatty. They especially like doing high fives. I may have corrupted them though as they saw me check in on Four Square on my iPhone and were all excited it showed a map of their area. They all had a play with it, and when they got music to play (Bill Haley), they all wanted one!

Instead what we gave them were pens, pads and rulers for their school. They were pretty happy about that.

This woman crossed the river up to her head, carrying some goods across. Shudder.

While this guy bathed in it. You can see the soap.

We then visited a factory where they first dye the weaves.

Then the machine interleaves them.

And this is what gets produced. They manually decide the colours and patterns, so many different designs.

Finally we travelled by Rickshaw. Was an experience but not overly comfortable. But faster than walking!

Friday Photo: 26 October

Trial by timeline

Amnesty International has a neat tool called Trial by Timeline. It accesses your Facebook history, interrogates your Facebook friends interactions with you, and works out how many crimes you have committed in other countries.

It says I would have been convicted 1071 times of 13 different crimes in 59 countries.

A very innovate way of making people realise how many rights are lacking in other countries.

I would have been beaten 271 times, tortured 203 times and imprisoned 438 times. Not shot though, which is something. However I would have been lashed 27 times and killed by extremists 342 times (this could still happen in NZ!). Also persecuted 538 times and forced to do something once.

Try it yourself and tell me below how many convictions you would have? The closest so far to me I have seen is 248!

8 pm closing!

Claire Trevett reports:

Andrew Little’s amendment had apparently time-travelled all the way from the 1920s and proposed off-licences shut at 8pm rather than the proposed 10pm.

The explanation for this early “lights out” was such a masterpiece of delicious, pious absurdity that it requires repeating: it was because people buying alcohol any later than 8pm were likely to be already a bit tipsy “and may not have the judgment and self-control necessary to make cogent decisions”.

Good God. The woser factor out in full force. We weak humans need protecting from ourselves because at 8 pm we’re already “tipsy”.

Fish Markets

On Wednesday we went to Sa Dec. It’s another trading port and centre. It was also a base for US swift boats in the war. It has a population of around 100,000.

The market here specialised in seafood. Lots of crabs bundled up.

And a bowl of yummy squid.

You want fresh fish – these are still alive and kicking.

These prawns were also kicking.

Less keen on these though. Yuck.

I could make a joke about Trevor Mallard here 🙂

Some live frogs. Cribbet.

And these frogs are less live.

This is the house the French writer and file director Marguerite Duras lived in.  As a teenager she had an affair with a Vietnamese man, which she later detailed in various books and films.

In the afternoon we just cruised. It’s nice being on a river, as you see land and sights as you travel. This is a shot of some typical greenery.

Republicans, rape and abortion

The Republicans are doing their best to allow the Democrats to hold onto the Senate. To follow up Todd Akin, we have:

Indiana Republican Senate candidate Richard Mourdock is standing by his statement that when a woman becomes pregnant during a rape “that’s something God intended.”

Mourdock, who has been locked in one of the country’s most expensive and closely watched Senate races, was asked during the final minutes of a debate Tuesday night whether abortion should be allowed in cases of rape or incest.

“I struggled with it myself for a long time, but I came to realise that life is that gift from God. And, I think, even when life begins in that horrible situation of rape, that it is something that God intended to happen,” Mourdock said.

Mourdock maintained at the news conference that he was misunderstood.

“I think that God can see beauty in every life,” Mourdock said. “Certainly, I did not intend to suggest that God wants rape, that God pushes people to rape, that God wants to support or condone evil in any way.”

How do such idiots become candidates for high office. Even if you agree with their viewpoint on not allowing abortion for rape victims, there are non-moronic ways to express that view. Here’s how they should answer the question:

  1. Don’t mention God at all. You’re standing for the Senate, not for Iman or Cardinal.
  2. Empathise with all women who have been raped and say it is a terrible crime, and some never recover from being violated. Get in a quick plug about how you support longer sentences for rapists.
  3. Say it is a terrible dilemma about what to do in such a situation, and how you don’t want rape victims re-victimised
  4. However say that two wrongs don’t make a right, and as much as your heart goes out to victims of rape, you don’t think killing an unborn child is ever justified, and you hope victims of rape will show the love and tolerance they did not receive, and allow the child to be born

Now I don’t agree with the above. I think it is appalling to not support exemptions for rape victims, and in fact I support abortion being a decision in all cases for the pregnant woman, not the state, so long as the fetus is not viable. However if a candidate said something along the lines of the above to justify their view, they at least wouldn’t come across as a lunatic who implies God condones rape. I know that isn’t what he meant, but his choice of words was so appalling, it was open to that interpretation.

A candidate for even a junior office, should have a prepared response on major issues memorised off by heart. To have Senate candidates shoot themselves in the foot so badly, is woeful amateur hour.

$5,000 for threatening to smash your boss

The Herald reports:

 A telemarketer who told her supervisor she was going to “smash her” has been awarded $5000 for wrongful dismissal. …

Although the women disputed details of the cause, the ruling said it was accepted that they yelled at each other and Cumming said she would “smash” her boss if she did not shut her mouth. …

Immediate after management called at which Cumming had no support person.

At a second meeting she grudgingly apologised to Boon, but warned of further reaction if her supervisor “got in her face again”, said the ruling.

Cumming was then dismissed after director Craig Hudgell said “the threat of violence outweighed all other considerations”.

Absolute management acknowledged the dismissal was unjustified.

The authority ordered the company to pay Cumming $5000 and reimburse her filing fee of $71.55.

The company did get the process wrong, but how frustrating must it be to pay $5,000 to an employee you had to sack because she threatened violence against other staff. I think this is a good example of too much focus on process over substance.

I don’t think the initial outburst justified sacking, but to them in a disciplinary meeting assert your intention to do violence if her supervisor annoys her, is surely grounds. You have a responsibility to other staff. Again, they did not follow correct process and admit this, but how very frustrating.

Bank of England Governor on quantitative easing

The Financial Times reports:

Sir Mervyn warned there were limits to the BoE’s policy of quantitative easing, under which it prints money and injects it into the economy by purchasing bonds: “Printing money is not . . . simply manna from heaven. There are no short-cuts to the necessary adjustment in our economy.”

And the BoE only did it because their cash rate couldn’t go lower.

Sir Mervyn also rounded on those calling for his institution to cancel the government debt it owns. Lord Turner, chairman of the Financial Services Authority and a leading candidate to replace Sir Mervyn as governor next year, mused about debt cancellation in a speech earlier this month. Calling such ideas “bad money creation” which would fudge monetary and fiscal policy, Sir Mervyn said “the BoE could not countenance any suggestion that we cancel our holdings of gilts”.

This will be the next policy from Dr Norman. Just have the Reserve Bank cancel all government debt. Bingo. Problem solved.

Parliament 25th October 2012

Oral Questions 2.00pm to 3.00pm

Questions to Ministers

  1. Hon DAVID PARKER to the Minister of Finance: Does he stand by his answer on Tuesday regarding jobs “I think that the number of 170,000 may come from the initial Budget forecast for 2009, perhaps. I cannot remember the year exactly.”?
  2. Dr KENNEDY GRAHAM to the Minister for Climate Change Issues: Given the recent loss of Māori Party support for his Climate Change Response (Emissions Trading and Other Matters) Amendment Bill, will he consider working with opposition parties on amendments to improve it?
  3. LOUISE UPSTON to the Minister of Finance: How is the Government’s infrastructure programme contributing to building a more competitive economy?
  4. Hon DAVID CUNLIFFE to the Minister for Economic Development: Does he agree with the NZIER shadow board that “the growth outlook for the second half of 2012 looks weak and unemployment remains stubbornly high.”?
  5. IAN McKELVIE to the Minister for Social Development: What announcements has she made to review Child Youth and Family’s complaints process?
  6. Hon MARYAN STREET to the Minister of Health: What progress has been made in the delivery of the Prime Minister’s Youth Mental Health Project announced in April of this year with an extra $11.3 million provided to support it?
  7. JACQUI DEAN to the Minister for the Environment: What reports has she received on the time taken for decisions on notified consents issued under the Resource Management Act 1991?
  8. GARETH HUGHES to the Minister of Foreign Affairs: Why did New Zealand pull out of a joint proposal with the United States to create a marine reserve in Antarctica’s Ross Sea?
  9. Rt Hon WINSTON PETERS to the Prime Minister: Does he stand by the answers he gave yesterday to supplementary question 5 on Oral Question No 7 and supplementary question 3 on Oral Question No 12?
  10. NICKY WAGNER to the Minister for Canterbury Earthquake Recovery: What progress has the Government made to support repairing damaged houses and infrastructure following the Canterbury earthquakes?
  11. SUE MORONEY to the Prime Minister: Does he stand by his statement on 3News last night, on the subject of Business New Zealand’s assertion that women need retraining when returning to employment after extended parental leave that “no. It wouldn’t be my view”?
  12. JAMI-LEE ROSS to the Minister of Immigration: What is the Government doing to ensure that New Zealanders have first priority for jobs in the Canterbury rebuild?

Today there are 5 questions towards ministers from National, 4 from Labour, 2 from the Greens and 1 from New Zealand First

Labour are asking about the jobs forecast in budget 2012, economic growth and unemployment, youth mental health and paid parental leave.

Green’s are asking about the Climate Change Response (Emissions Trading and Other Matters) Amendment Bill and Marine Reserves in the Ross Sea.

New Zealand First are asking the Prime Minister about answers he gave in regards to Kim Dot Com in Parliament on Wednesday. In particular the answer he gave to question 7.

“When did he first learn of a German resident living in the Chrisco mansion in the Prime Minister’s electorate?” 

Pasty of the day

Today’s pasty of the day goes to question 7 from National asking about reports received on consents issued under the RMA

“JACQUI DEAN to the Minister for the Environment: What reports has she received on the time taken for decisions on notified consents issued under the Resource Management Act 1991?”

Government Bills 3.00pm to 6.00pm

1) Climate Change Response (Emissions Trading and Other Matters) Amendment Bill– 2nd reading – 12x 10 min speeches – 3.00pm to 4.00pm

This bill is designed to amend the Climate Change Response Act 2002 which deals with the Emissions Trading Scheme (ETS) in New Zealand via proposed changes including operational and technical changes to the ETS as a result of the review of the scheme conducted in 2011. One of the proposed changes is the intention to remove the requirement for our agriculture sector to be involved in the scheme from 2015. In addition, the bill gives forest owners more flexibility especially for forests planted before 1990.

2) Taxation (Annual Rates, Returns Filing, and Remedial Matters) Bill– 3rd reading – 12x 10 min speeches – 4.00pm to 5.00pm

This bill is designed to set the tax rates for the 2012/2013 year as well as minor changes to the filling and storage of tax returns. In addition, it amends acts such as the Kiwisaver Act 2006

3) Financial Markets Conduct Bill– 2nd reading – 12x 10 min speeches – 5.00pm to 6.00pm

This bill is designed to merge several other pieces of legislation into one act with the primary purpose of the bill is to promote  confidence in the financial markets for investors, business and customers of financial services products. In addition, this bill contains sections on how financial services products can be sold and adds additional regulation to people working in this sector including new rules for misleading or false statements.

Power prices

I got e-mailed this graphic, which originally appeared in the ODT.  Very clear that the much derided reforms of Max Bradford were in fact great for consumers, and it was the changes made by Labour that saw price soar (despite Labour running massive surpluses and owning the companies).

A CTU porkie

In the CTU submission on the Lobbying Disclosure Bill, they said:

This submission is made on behalf of the 37 unions affiliated to the New Zealand Council of Trade Unions Te Kauae Kaimahi (CTU). With some 350,000 members, the CTU is the largest democratic organisation in New Zealand.

There is a minor and a major porkie here. The minor porkie is that they have 37 members, not 350,000. They are a council of unions, not an organisation that members join directly. No member has the option of deciding whether or not the CTU gets a portion of their fee. Only the union as a whole decide swhether to join and pay.

But even putting aside that minor porkie, let’s say they do have 350,000 members. Does that make them the largest democratic organisation in NZ?

Not by a long way. The NZ Automobile Association has 1,329,572 members. Around four times as many.

So I hope the CTU will cease and desist making false claims.

More lethal criticism of Lobbying Transparency Bill

I’ve just been reading most of the 100 or so submissions on the Lobbying Transparency Bill, and its really must come close to being the most incompetently drafted bill in some years. I know Holly Walker didn’t draft the bill herself – she inherited it from Sue Kedgley. But, as one lawyer said to me, it would have been nice if she had read it before submitting it in her name.

I’ll come to the various criticism in a few lines, including from the Clerk of the House and the Auditor-General, but will note for now it is obvious it can not pass in its current form. There seems to be four options open to the select committee:

  • Radically rewrite the bill, and then call for further submissions on the amended bill as it will be so different to the current one.
  • Ask the Law Commission to write a new bill around lobbying transparency and regulation, as recommended by the NZ Law Society, and vote this bill down.
  • Look to implement a non-legislative solution, as I and others have proposed – such as through Standing Orders.
  • Just vote the bill down, allowing a more competently drafted one to be resubmitted to the ballot.

So what do some of the submissions say. Let;s start with the joint submission from the Clerk of the House and GM of The Parliamentary Service:

 We are concerned about the bill’s potential to create barriers, both to participation by the public in democratic processes, and to the many legitimate means through which members, committees, Ministers and the House inform themselves of matters relevant to the exercise of their roles. The potential for public participation to be deterred by perceptions about the bill’s provisions is also a major question. Many hundreds of individuals and organisations have contact with members and Ministers every day, both in relation to matters of public policy and also in respect of personal grievances and concerns.

It is rare for these two parliamentary agencies to speak out on a bill.

Moreover, as currently drafted, the bill appears to result in staff members of the Office of the Clerk and the Parliamentary Service being potentially classified as lobbyists.

Under this bill, it will be easier to count those who will not be lobbyists!

Here’s Tainui:

We believe the Government Administration Committee should recommend to Parliament that the Lobbying Disclosure Bill should not be proceeded with for four principal reasons:

  • It impinges on all citizens’ freedom of speech and their rights under the Bill of Rights Act 1990.
  • The public policy underpinning the proposed legislation is not based on evidence and its provisions will discourage the discussion and debate critical to the development of good public policy.
  • It would constrain the right of Maori to practice tikanga Maori in respect of kanohi ki te kanohi and whaikorero.
  • If enacted, the legislation would be impossible to enforce and administratively costly.

Federated Farmers pulls no punches:

Members of Parliament, we feel, should be outraged as the Bill impugns your reputation. It fundamentally implies the only way to „keep you honest‟, is to make third parties disclose full details of when, where and what they met you about. It implies that politicians can not be trusted to make up their own minds. Those who are promoting this law are obviously extremely concerned about this. The best solution is for them to resign from parliament as soon as possible. This reduces the risk to “abuse” of the system, and brings in others who, by definition, must be “better” and obviously have more ethics and ability.

But why stop there? Why not just have a selection process operated by the Auditor General, whereby only “good” politicians are able to operate in Parliament. On the logic of this bill, this would reduce risk considerably of “lobbyists exerting undue or improper influence on Ministers or members of Parliament”.

You can almost feel the flames.

Ngai Tahu:

The flow on effect is that the iwi – Crown relationships are reduced to the same status as that between the Crown and, for example, tobacco industry lobbyists. This is an unacceptable step backwards in the Crown iwi/Māori relationship.

This is one of the problems of such heavy-handed regulations.  The University of Auckland notes:

On top of this, an aspect of the University’s engagement with Ministers, Members of Parliament and officials is in its legally defined role as critic and conscience of society. (Section 162 Education Act (1989).

The Lobbying Disclosure Bill runs counter to this role and to the stated (Education Act 1989 S161(4)) obligation of the Crown and its agencies to ensure the autonomy and academic freedom of universities.

The Human Rights Commission:

 The Commission agrees with the Attorney-General that the dramatic overreach of the Bill is an “unacceptable and dangerous limit on freedom of expression”. …

The Commission strongly opposes the passage of the Bill …

The Newspaper Publishers Association:

The NPA supports more openness in Government … However, this Bill in its intention to curb lobbyists is deeply flawed to the extent it is unworkable.

Normally the media would be supportive of something that opens up Government. But they know this particular bill is unworkable.

This is a naive Bill that seeks to address a non-existent problem in an unrealistic way. It proposes introducing another level of bureaucracy that would be costly and difficult to police and prosecute, making it well nigh unworkable. It is inconsistent with the Bill of Rights in cutting across freedom of expression.

The Association of NGOs says:

 Our submission, resulting from all these discussions, is relatively simple: if the significant problems with the Bill cannot be fixed – and we have not managed to find a way that can happen – then the way it is currently structured should be abandoned.

The Association of Universities says:

 That the Government Administration Committee return the Lobbying Disclosure Bill to Parliament with the recommendation that it not proceed. …

If the Lobbying Disclosure Bill was to be enacted, Universities NZ’s representatives would be required to register as lobbyists before they could communicate with the relevant Minister on any of these matters and many other issues directly impacting on Universities NZ’s statutory functions.

Two of the government agencies with whom Universities NZ works most closely in undertaking its statutory functions – the NZ Qualifications Authority and the Tertiary Education Commission – would also be required to have their representatives register as lobbyists before communicating on these issues with the relevant
Minister. Because they are crown agencies they are not listed in Schedule 1 of the State Sector Act and they are therefore not exempt from coverage of the Bill.

This is what I mean by incompetent drafting. The TEC and NZQA would have to register as lobbyists under the bill as drafted!

We doubt if the Speakers Science Forum series could continue under the regime that would be imposed by the Lobbying Disclosure Bill.

They conclude:

New Zealand is a small, open democracy which has been highly rated in international studies for its freedom from corruption. There is no evidence in NZ of the clandestine behaviour that might warrant the type of legislation proposed by this Bill. Indeed, the effect of the Bill will be to inhibit severely the existing freedom with which individuals and organisations can exchange views on matters of legislation, regulation and policy with Members of Parliament and Ministers.

Universities NZ recommends that the Government Administration Committee report to Parliament that the Lobbying Disclosure Bill is a flawed and unnecessary piece of legislation that should not proceed.

So against this Bill are the Office of the Clerk, the Parliamentary Service, the Law Society, major Iwi, the Human Rights Commission, the newspapers, the NGOs and the universities.  Anyone missing. Oh yeah the proposed regulator – the Auditor-General. Here is what she said:

The proposed functions and powers are unrelated to the Auditor-General’s core work as an auditor, and not consistent with the constitutional role of scrutiny of the Executive on behalf of Parliament. In essence, the Auditor-General would be a regulator of those who want to communicate with Members of Parliament (both Ministers and other MPs).

The majority of those to be regulated would be private sector entities and private citizens. This is inconsistent with the Auditor-General’s current role which is restricted to the audit of public entities (as defined in the Public Audit Act). A requirement to monitor and regulate the activities of private sector entities would be novel in the history of the office, and not part of the role contemplated when the Public Audit Act was drafted.

The Bill, if enacted, would give the Auditor-General direct enforcement powers, which is not consistent with the role of an auditor.

You’d think you’d consult an agency before proposing them as a regulator.

There’s a lesson here about members’ bills. They are draft pieces of legislation and should be taken seriously.  Don’t just submit something your staff give you, or a former MP gives you. Spend a couple of months or more consulting people on it. Show some lawyers a draft. The Office of the Clerk can even help. Talk to major stakeholders who could be impacted before you submit the bill – not afterwards. Even publish an early draft (as Kevin Hague has done) and ask for feedback on it.

Oh yeah also even the Waikato University Law School disses it.

Vietnam Markets

On Tuesday we went around the floating markets of Cai Be in the morning, and looked at the local French Gothic Cathedral. Then in the afternoon e went to the fruit markets of Vinh Long which had some amazing looking and tasting fruits.

Each boat signifies what they are selling by hoisting it up on a stick. There are around 100 of these boats in total floating on the river, buying and selling and bartering.

You even have a soft drink dispenser!

They took us to a rice paper and candy manufacturer where they make amazing products from rice. This is of sand being mixed with brown rice, to make white rice products.

They then chop it up.

And package it. The staff get paid around $2 an hour, which is pretty reasonable for Vietnam.

This mother hen was picking at rice paper and feeding it to her chicks. Then they got noticed and chased off by stick wielding women!

Anyone fancy pickled snake for lunch?

Deshelling. She (and her mother) get paid 25c a kg and are pretty fast at it. The kids all go to school, but are expected to help earn money when not at school.

The exterior of the Gothic Cathedral. The rest of the town is pretty basic, so this sticks out somewhat.

And the interior.

This is from the afternoon at the fruit markets. These are in fact a type of apple.

I’m not sure if you eat the fruit on the right or use it as a weapon!

No plain packaging in Vietnam!

Yum, fish. The markets were fascinating – both from an economic perspective, but just to see the variety of fruit, and trying them out. We have such little variety in NZ.

 

 

 

Plunket to replace Laws

Dom Post reports:

Broadcaster Sean Plunket will be taking over Michael Laws’ Radio Live show next year.

Laws made the announcement on his talk back show this morning.

The former Whanganui mayor said his replacement was to be Sean Plunket, who would take over the show after March 31.

‘‘I have decided to pursue something new, something, exciting and something that I’ve always wanted to do.’’

Become Deputy Leader of NZ First? 🙂

Radio Live will be interesting with both Plunket and Garner taking up shows there.

Drug Foundation Alcohol Bingo

The NZ Drug Foundation has published a bingo card of “cliched phrases” they say MPs will use to defend the liquor industry.

Firstly I’m disappointed that the NZDF, normally fairly sensible on drug and alcohol issues, is now into denigrating motives of MPs. I expect Doug Selman to rant on about MPs defending the liquor industry, not the NZDF. The fact that MPs disagree with them on an issue, doesn’t mean they are defending the liquor industry. It means they don’t agree with the proposed law will have more benefits than harm.

What is interesting is the list of phrases they include, because I assume that in including them, they think that the proposition is flawed.

  • Unfair to responsible drinkers
  • We’re doing research on this
  • Parental responsibility
  • Education Is the answer

So are NZDF against doing research, against education, against parental responsibility and for punishing responsible drinkers?

I think NZDF do a good job overall, but they should stick to sensible research based advocacy, and avoid stupid stuff like this which may make them feel they are hip or cool, but will have no impact with those they are trying to influence.

Wednesday Wallpaper | Winter Sunset On Aoraki / Mt Cook

New Zealand Landscape Photos | spectacular orange sunset Aoraki Mt Cook

Sunset on the summit of Aoraki / Mt Cook, New Zealand. Photography by Todd Sisson.

Welcome to the most timely Wallpaper Wednesday post in living memory (my memory only spans one month these days).

Having dissed sunset/sunrise images in my outro last week I now present you with a sunset image….

I almost blew the making of this image while indulging in a rare (in my humble opinion) dose of ego-mania. I had been set up for some time waiting for a thick valley fog to clear and provide a glimpse of the summit of Aoraki Mt Cook. While waiting, I got to talking with a couple of Australian photo enthusiasts and was modestly explaining how awesome I was – with my back turned to the mountain…. fortunately, one of the Aussies was sick of my rhetoric and kindly pointed out that the mountain was glowing orange. A frantic ‘practical demonstration’ of my awesome skills ensued. I was really lucky to get this, and one other, sharp shot out of the shoot as every other image was marred by sloppy technique.

Lesson learned. I never talk to Australians now 😉

See you next week.

Cheers – Todd

You may download the large version from this link:  [free iPad wallpaper] Password = freewallpaper

Also available on our website as a canvas print.

See you next week!

Cheers – Todd

[www.sisson.co.nz] [blog]

The final presidential debate

Well I only followed it on Twitter, but the polls show Obama was judged better by a clear majority. This is not a surprise. His approval ratings for foreign policy have been consistently high, and in my opinion he does deserve credit for some of his work in this area. He did basically exit Iraq gracefully (on much the same timetable as Bush proposed though), and the surge in Afghanistan has worked (as it did in Iraq) and they are on track to leave there in the next term. And you have to give brownie points for killing Osama Bin Laden. The mission was risky, and could have ended in a Iran style Carter disaster effectively ending Obama’s presidency. It was a gutsy call to do it.

The killing of the US Ambassador to Libya is of course a low point – especially the misinformation from the US Government on why and how it happened, and the revelations that they were asked multiple times for more security. That issue is yet to be resolved.

The biggest reason not to vote for Obama on foreign policy grounds is probably the fact that John Kerry is his likely next Secretary of State. I think Hillary Clinton has generally done a good job, and I actually have a lot of respect for her. I have almost none for John Kerry. Think how close we came to a Kerry/Edwards presidency!

Too soon after the debate to know how it may have influenced the polls. Five Thirty Eight is projecting Obama 291 and Romney 247 – pretty close.  Real Clear Politics has Obama 281 and Romney 257. Pollster has Obama 254, Romney 191 and 94 tossups.

All the focus is now going on the key swing states – especially Ohio.