General Debate 19 April 2021
Andrew McCarthy at National Review writes:
The Chauvin defense called its big witness Tuesday afternoon, retired federal and state law-enforcement officer Barry Brodd, an expert in police training and the use of force. Some of his testimony was preposterous — particularly the claim that if three police officers physically restrain a person prone on an asphalt street for over nine minutes, with his arms cuffed behind his back, with significant parts of the officers’ body weight pressing down on him, with an officer’s knees occasionally grinding into his neck and shoulders, and with his needing to press his face onto the street to try to shift into a breathing position, that is not a use of force, but merely a “control technique.”
Apart from that, the testimony was an overall disaster for the defense. The danger in presenting a defense case, especially in a prosecution that is so video-dependent, is that it allows the prosecutor, through leading questions on cross-examination, to walk witnesses through the video, explaining to the jury moment-by-moment exactly what the prosecution’s theory of the case is. If he does this skillfully, the prosecutor turns his “questioning” into the equivalent of a summation. …
The foundation of Chauvin’s defense is that he had reason to fear that Floyd would regain consciousness and begin resisting arrest again. Schleicher elicited from Brodd the explanation that there is a difference between a threat and a risk: Police may use force to counter a threat they perceive based on some affirmative act by a detainee; but they may not use force based on a mere risk that a detainee might pose a threat at some future point. Floyd was unconscious and non-responsive. By Brodd’s own stated guidelines, the possibility that Floyd could have regained consciousness and started fighting the police was a remote risk, not a realistic threat, when he was prone on the ground, cuffed behind the back, unconscious, and pulseless.
The objective of a defense case is supposed to be the creation of reasonable doubt, not the removal of all doubt.
It is worth noting National Review is a conservative site and the author is a former Assistant US Attorney who led the prosecution of the terrorists who bombed the World Trade Centre in 1993. He is as far from liberal as you can get having called for Obama and Hillary Clinton to be impeached and defending Trump in his first impeachment trial.
So if he is saying the defence had a terrible day, I’d say a guilty verdict is looking likely.
Language not entirely safe for work, but he is one of the many who is sick and tried of those who feel the need to belittle individual success and put it all down to their group characteristics.
A guest post by David Garrett:
Eighty years after the end of WW II the bombings of Dresden in Germany, and Hiroshima and Nagasaki with atomic weapons, are perhaps the two allied actions which are still subject to the most debate, and upon which opinion as to the justification of each is still hugely divided. This post looks at the bombing of Dresden, and addresses two fundamental questions: Was it a legitimate target, and was the action justifiable at that stage of the war?
It is often argued that bombing Dresden in four raids by both Bomber Command and the US Eight Air Force between 13-15 February 1945 was not justified because “the war was almost over then”. Firstly, even with the benefit of hindsight, that was not the case; the totally unexpected Battle of the Bulge had only just been won, and had the Germans not run out of fuel – in large part because of allied bombing of synthetic oil plants – it may well still have been going in February 1945. The objective – the recapturing of the port of Antwerp –may even have been achieved. Even after the Battle of the Bulge was won, General Patton – the antithesis of a pessimist – said both publicly and privately that the Germans could still win the war.
Secondly, the allied commanders of the time did not have the benefit of hindsight. New “revenge weapons” – including the V2 which the allies had no means of attacking – were raining down on Britain. The allies had no idea – and in fact neither did I until reading comments on Part I of this series – that the threat from the Me 262 jet fighter was vastly less than it appeared. All the allied commanders knew was that there was a new fighter which flew at nearly twice the speed of the brilliant P-51 Mustang, and that they were extremely difficult to counter. (In one encounter it took no less than thirteen Mustangs to shoot down a 262).
In February 1945 the borders of the Reich had yet to be breached either by the Russians in the east or the British and Americans in the west. At that stage, who knew how long it would take to force a surrender, or what it would take to do so? Unlike in the Pacific war, there was no utterly game changing weapon being developed in great secrecy somewhere in England. So once the Battle of the Bulge was won, Harris was given the green light to continue what he had been doing – smashing German cities and the strategic assets within them.
Revisionist historians – the chief of them David Irving, who once had considerable credibility – claim that Dresden had no military targets within its boundaries. This is clearly utter nonsense – as statements by the Germans themselves show. Its yearbook for 1942 proclaimed:
“Anyone who knows Dresden only as a cultural city…would be very surprised to be made aware of the extensive and versatile industrial activity that make Dresden one of the foremost industrial locations in the Reich.”
Zeiss, the biggest manufacturer in the city, was no longer making cameras for tourists but was instead making bomb aiming apparatus and time fuses. Machine guns, searchlights, aircraft parts – particularly vital instruments for fighters – field telephones and two way radios were just a few of the war related goods made there. In total, the city had 127 factories which purported to be making consumer goods and luxury items, but were in fact turning out war related materiel.
Dresden was also a vital transport hub through which men and heavy weaponry were moved to fight the Russians on the eastern front. And it must be remembered that much of the reason for continuing the bomber offensive to the very end was to appease Stalin, and his endless demands for his allies to “do something” to help him and his troops.
So, in my view it is very clear that far from being some kind of harmless German backwater, and a seat of ancient Germanic culture only, Dresden was indeed a totally legitimate military target – albeit one that hitherto had not been high on the list of prospective targets. It was most definitely not – as Goebbels later claimed – a city without war industries, its factories turning out only talcum powder and toothpaste.
The effects of the raids between 13 and 15 February 1945 are much better known than the above – although the casualty figures are still debated, albeit less hotly these days, after a typically thorough German review in 2010. The official German figures of the time list somewhere north of 25,000 deaths – but for his own cynical purposes, Goebbels simply added a zero to that number to decry the allies’ brutality, and some historians who should know better are still claiming that around 250,000 lives were lost. (As noted above, David Iriving was an enthusiastic proponent of the claim that 250,000 or more people died. Interestingly, Wiki says that Irving later discovered that the primary sources he was renowned for relying on were forged, and that the real death toll was around the official German figure of approximately 25,000)
But numbers are to an extent irrelevant; for both those who died and the survivors – the vast majority of them civilians – the experience was indeed a vision of hell: the firestorm that ensued, with its hurricane strength winds, tore babies from mothers’ arms; sucked the air from the cellars where people were sheltering – the local Nazi authorities having not constructed anywhere near as many bomb shelters as were necessary – ; people trying to escape the inferno on foot were stuck in molten tar on roads and incinerated where they stood. People who tried to take refuge in ponds and canals were boiled alive – or asphyxiated or cremated if they climbed out and tried to take refuge elsewhere. All of that is true. Most of the dead apparently died as a result of suffocation, which itself was a direct result of the firestorms consuming the oxygen in the air.
And there is also no question that a firestorm was indeed the intended consequence – the crews themselves knew that from the mix of explosive bombs and incendiaries which their aircraft were loaded with. And if that was not obvious enough, the briefing officers made it clear that a firestorm was the objective. Why was it so bad for those on the ground? A combination of factors all – for a change – on the allied side: clear conditions enabling accurate bombing on markers precisely placed on the target by pathfinders; a lack of night fighters, and very little anti-aircraft fire; “favourable” weather conditions which enabled the fires to get going, and rapidly increase in intensity.
So were the raids justifiable, or were they, as some hysterics still claim, “a war crime” by Harris and Churchill, the latter of whom approved the raid? To be honest, I wasn’t entirely sure what the end of this article would be until I wrote it. A helpful critic has posed the question “does it have to be the best target to be a legitimate one?” To explore that question fully would take an entirely separate piece longer than this one, and probably bore everyone here silly.
Sir Max Hastings, arguably the greatest living historian of WW II, said in correspondence with the writer that the claim that it was a war crime is “utter bullshit”, and that Dresden was, for all reasons referred to above, a legitimate target – but not in his view at that late stage of the war. In other words in his expert opinion, there were many more justifiable targets for attack in February 1945. To put that another way, I suggest Sir Max is saying there were better targets at that point than yet another city. It is certainly true that instead of Dresden, massive raids by both Bomber Command and the USAAF resulting in the complete destruction of a synthetic petrol plant would not have attracted any post war debate.
Who am I to disagree with Sir Max? It was at that stage of the war very obvious to everyone but Harris that synthetic oil plants were emphatically not one of the “panacea targets” which he derisively labeled any target other than major cities. Secondly, by that stage in the war both Bomber Command and the USAAF finally had the technological capability to hit precision targets such as oil plants, factories, and rail marshalling yards with very limited civilian casualties. The Americans in particular – mostly because of the P-51 Mustang – were able to fulfil their fantasy from 1942 of precision daylight bombing without interference – although the claim to be able to “put a bomb in a pickle barrel from 25,000 feet” was what Sir Max describes as “typical American bullshit”.
So, with eighty years of hindsight, I would have to say No, the Dresden raids were not justifiable given that the “bang for buck” from destroying oil plants, tank building factories, bridges and rail marshalling yards would have been much greater. But that is a conclusion with the benefit of hindsight, and that is always 20/20.
(Much of the above is taken from chapter 11 of “Tail-end Charlies – the last battles of the bomber war” Nicholl and Rennell, Viking, 2004. It contains the best short summary of the issues surrounding the Dresden bombings I have ever read)
Promises play an important role in politics. During an election campaign, politicians have a duty to tell voters what they intend – and don’t intend – to do.
However, politics built on empty promises does nothing to strengthen the integrity of our democracy, and it causes all sorts of issues for the politician or party making them.
No one will have felt the impact of this more than the Labour Party in recent years. During the 2017 campaign, voters were promised the world. Yet at the end of its first term, the Government had failed to deliver on most of its signature promises.
Jacinda Ardern’s strange Ted Talk-styled speech in which she fatefully called 2019 the ‘year of delivery’ did nothing to help the cause. It increased the already considerable pressure on her own Government, and gave the opposition more failures to point to.
Of course, being in coalition with two other parties was never going to make things easy – particularly when one of them was New Zealand First. Finding a middle ground meant Labour would have to make sacrifices and swallow a few lemons if they wanted Winston Peters to grant them power.
But aside from light rail, Labour’s other major broken promises lie squarely at the feet of the Government itself.
Labour was careful not to repeat the same mistake during the 2020 election. Instead, the party campaigned on the success of its Covid response. And yet, Ardern’s earlier promises of transformation – on poverty, inequality and the environment – remain a thorn in her side.
This term, however, she has no one to blame if the outlook on issues such as child poverty, homelessness, the housing crisis and mental health (to name a few) doesn’t shift.
With an outright majority, Labour is solely responsible for the success of its second term and the policy it chooses to progress.
So it was strange when Ardern challenged the National Party last week to consider their own position on drug reform, appearing to blame them for her own government not making any progress on the subject.
It is as if she does not realise that she doesn’t need support from other parties anymore.
It is no longer acceptable for commentors to explain and blame delivery failure or lack of policy progression on naivety and government inexperience. Four years is more than enough time for Labour to have learned the ropes.
Instead, it all seems to boil down to Ardern wanting to hold the centre. It is hard to be transformational when much of your majority has come from the support of former National voters. And it is for this very reason that having such a majority is both a blessing, and a curse. Labour knows that if it pushes too hard, it risks losing the support it has gained.
So the government is not just unable to deliver on issues where it can’t; it is also unwilling to on issues where it could do something.
It has accepted the failure of some of its earlier promises, such as KiwiBuild and fees free. Now that New Zealand First is out of the picture, it is giving light rail another go, although the chances of it being successful are dubious at best. Bold policy must also be achievable, and this is something all parties could stand to learn from.
But being unwilling is a conscious decision. Labour has openly acknowledged that it would like to see change in areas in which it has the power to do so, like drug reform or increasing benefit levels. However, it has so far refused.
It may pay for Labour to blame any broken promises on simply being “too definitive”. Like Grant Robertson was when he assured voters there wouldn’t be an extension to the bright-line test, perhaps so too was Chris Hipkins when he assured us that New Zealand would be at the front of the queue for the Covid-19 vaccine.
However Labour manages expectations over the next three years, it will need to appease its base somehow for fear of losing them to the Greens. But when stuck with a promise to deliver on transformational policy while being too scared to actually do so, it’s difficult to see a clear pathway forward to keep their majority content. Or intact.
Monique Poirier has a Masters degree in Political Studies, and is a former small business owner and Parliamentary staffer. She is the Campaigns Manager for the Auckland Ratepayers’ Alliance.
Jo Moir at Newsroom reports:
But with a caucus that has been overwhelmingly female in the past two Parliaments, MP and former Minister for Women, Julie Anne Genter, points out the model is now almost “limiting’’ women in leadership with a requirement that one be male.
It is. I have pointed this out for many years. Their quotas have actually worked against women and prevented them from having (for example) Sue Bradford as a co-leader years ago.
Auckland Central MP Chlöe Swarbrick sees value in change but she hasn’t made her own mind up about what that might look like.
“It could be a Te Tiriti-based model, or non-binary or trans, there’s so many options and some people are driving certain elements of that conversation,’’ she told Newsroom.
Good God. Please on please let the Greens have a leadership model that requires one co-leader to be non-binary!
Davidson is really interested in the upcoming debate about the leadership structure but stresses her comments are personal to her and are not designed to persuade party members in any way.
“The community and membership and supporters are starting to talk about reviewing that and whether it’s up with the times.
“I think there’s an overwhelming interrogation of the gender-stringent part of the leadership.’’
She says the Green Party has a “long-standing legacy of support’’ from people who “operate and want to live well outside the restrictive gender norms.
“My thinking is ‘let’s have a look at that’. Maybe the basis is’ let’s say there’s at least one female, do we need to dictate what the other gender is at all’?
This is what should worry James.
The best model would be of course to simply have no quotas and let the party decide which two individuals would be the best co-leaders. How they complement each other would be part of that.
But what Davidson is pushing is a quota system where there must be a female co-leader but not a male co-leader.
If that change goes, through Shaw should be worried. The quality of Green male MPs is not great, so not even the Greens would replace James with Ricardo. But would James survive a challenge from Chloe Swarbrick? I’m not sure he would.
Chloe can’t challenge Marama Davidson for the female co-leadership as a “white girl” trying to knock off a “Maori women” would be toxic to the Greens’ political correctness. But challenging Shaw is a very different matter, especially as large segments remain distrustful of him.
So the outcome of their constitutional discussions could be very significant.
James Shaw announced:
The Government is rolling out its plan for a carbon neutral public sector by 2025 by committing funding to a range of clean energy projects, including coal boiler replacements at ten schools, the Minister for Climate Change James Shaw announced today.
Schools, tertiary institutions, hospitals, and other government agencies will be supported to replace fossil fuel boilers with cleaner alternatives and improve the efficiency of buildings.
The projects will reduce carbon emissions by around 26,000 tonnes over the next 10 years, equivalent to taking over 1,000 cars off the road.
Wow 26,000 tonnes sounds a lot doesn’t it. It isn’t.
First of all it is over 10 years so on average it means 2,600 tonnes a year.
That is 2.6 kilotonnes.
In 2019 our gross emissions were 82,318 kt.
So the massive initiative that James Shaw is trumpeting won’t reduce NZ’s emissions by 3% or 0.3% or 0.03% but 0.003%.
Or think of it like this. Say you have one million of something and you need to reduce it to zero. This policy will reduce it by 31. Leaving in place 999,969.
Hooray we’re saved.
Don Brash writes:
The absurdity of the current situation is well illustrated by the Hawke’s Bay Regional Council, which is currently contemplating the creation of one or more Maori wards. The Council already employs one hapu advisory officer, three Maori partnership group members, 10 iwi representatives who control the Regional Planning Committee, and 12 Maori social services nominees on the Maori Committee – and two of the nine councillors (or 22% of the total) are already Maori! Why on Earth would the Council feel that Maori voices are not being heard and that Maori wards are necessary?
Its virtue signaling run amok.
Stuff reports:
Speaker Trevor Mallard has revived plans to upgrade the Parliamentary complex with several new buildings.
Parliament is currently struggling with over-crowding as Bowen House, a foreign-owned office tower it rents out, is seismically strengthened.
Bowen House should not be used for parliamentary purposes. It is not on the precinct (it is across the road) and it is privately owned. The parliamentary buildings should be on one site, and owned by Parliament.
Bowen House was only meant to be used for a few years in the 1990s while the Debating Chamber etc was renovated.
At the heart of Mallard’s proposal is a new nine-storey office block on top of what is currently Parliament’s car-park on Museum Street.
Also included is a three-storey block to replace the earthquake-prone Beehive Annex, and a future small two-storey building on Ballantrae Place.
Sounds sensible. The Beehive Annex is a death trap.
Newshub reports:
ACT Party leader David Seymour has compared the Labour Government to the Chinese Communist Party in social media posts critical of local government moves in Tauranga.
Tauranga City Council commissioners – installed by the Government after significant governance issues were last year found at the Council – on Monday voted to establish a Māori ward.
It is appalling that unelected Commissioners would decide by themselves to change the electoral system used for Tauranga by introducing a race based ward.
Reason reports:
Kieran Bhattacharya is a student at the University of Virginia (UVA) School of Medicine. On October 25, 2018, he attended a panel discussion on the subject of microaggressions. Dissatisfied with the definition of a microaggression offered by the presenter—Beverly Cowell Adams, an assistant dean—Bhattacharya raised his hand.
Within a few weeks, as a result of the fallout from Bhattacharya’s question about microagressions, the administration had branded him a threat to the university and banned him from campus. He is now suing UVA for violating his First Amendment rights, and a judge recently ruled that his suit should proceed.
Go read the full article. It shows how repressive US campuses have become.
Once upon a time challenging the views of an academic would get you an A grade. Now it gets you banned.
Accenture have done a research note on the economics of news in NZ. Their summary is:

This is significant because Stuff and others all go on about how Google and Facebook have “stolen” their advertising revenue. But in fact they have lost that revenue to other NZ companies who have provided a better advertising service.
If NZ media really thought they were losing revenue through Google Search then they can simply set their news stories not to appear in Google.
Matt Doocey released:
Labour have stated that they will not be supporting my straightforward member’s bill to increase the maximum prison term for killing a police dog from 2 years to 5 years in a move that will baffle most New Zealanders, National MP Matt Doocey says.
The Ministry of Justice has advised that the proposed legislation remedies a discrepancy in New Zealand law: “we note that the proposed increase would bring the maximum term of imprisonment for killing a police dog into line with the existing maximum term of imprisonment for wilfully ill-treating an animal with the result that it dies, under s 28 of the Animal Welfare Act 1999.”
So you can get a longer jail term for killing a pet bunny than you can for killing a police dog in the line of duty.
And Labour will vote against changing this.
This is worse that I imagined.
A common assault has a one year maximum sentence. Labour wants people to spend up to three years in jail for speech crimes.
Including political belief in hate speech laws is a grave threat to free speech. There may be a case for laws against vilifying someone for immutable characteristics such as sex and age and disability but to extend that to religious and political belief is just staggering.
If you use insulting language against a political party, to the degree it is seen to be inciting hatred, then you could be jailed.
Could you imagine Winston Peters being able to complain to the Police everytime I attack NZ First?
It could also affect those on the left, who often demonise people for their political speech.
If a leftie calls the New Conservatives a bunch of bigots, then that could be seen as inciting hatred and they could face prosecution.
If someone attacks the ACT Party as hating poor people, then that could be inciting hatred on the basis of political opinion, and off to the Police.
Ridicule Destiny Church, and they could sic the Police on you.
You could even have the neo-nazis in Action Zealandia use these provisions to claim calling them neo-nazis is inciting hatred against them and this law would protect them.
I urge everyone to join and donate to the Free Speech Coalition to fight against this repressive law from a repressive party. Note that once this law is passed I won’t be able to call Labour repressive as that could be inciting hatred against them.
Duncan Garner writes:
It’s pretty clear to me New Zealand’s COVID-19 vaccination programme has some serious problems.
It’s a flop, it’s behind time, it’s tardy, it’s slow – in other words ‘it’s failing’.
There simply aren’t enough professional vaccinators and in many ways the robustness and capability of our health workforce has been found out.
To vaccinate the entire country we need to be doing 30,000 immunisations a day, seven days a week but we can’t and we haven’t.
We’re doing an underwhelming 5000 a day and at this rate, get this, it’ll take 5 years to vaccinate the country.
We don’t have a shortage of vaccines (for now). We don’t have a shortage of vaccinators (half are not working). What we are lacking is a Government that can co-ordinate and manage a mass vaccination programme of 30,000 a day.
The latest data from the MFE shows that greenhouse gas emissions once again increased under Labour despite the rhetoric from the PM. It’s almost as if just talking about it doesn’t reduce emissions. A good Emissions Trading Scheme will.

So gross emissions rose 8,237 kt under Bolger and Shipley. Under Helen Clark they rose 7,239 kt. Under Key and English they dropped 323 kt. And so far under Ardern they are up 2,036 kt in just two years.
Stuff reports:
Speaker Trevor Mallard has reprimanded Labour MPs for their treatment of National Party MP Chris Bishop, after a testy parliamentary hearing about issues at managed isolation facilities.
At a meeting of the Health Select Committee on Wednesday, Labour MPs routinely frustrated Bishop’s attempts to question officials on a failure to ensure Managed Isolation and Quarantine (MIQ) staff were getting fortnightly surveillance tests.
In the House on Thursday, Mallard said he had watched a recording of the committee and the ability for the Opposition to ask questions was “not in compliance in the spirit” with parliamentary rules.
Because of this, Mallard said Bishop could have an additional four supplementary questions to pursue the issue with Covid-19 Minister Chris Hipkins in the House – effectively punishing Labour.
This is exceptionally rare, if not unique.
I can’t recall another occasion where the Speaker has basically punished the Government for the actions of their backbench MPs in a select committee.
But this seems justified. The Labour MPs were doing everything they could to stop Opposition MPs from actually questioning officials in a meaningful way.
“From my perspective, there was not adequate time for the Opposition to ask questions at that time. This was the first opportunity, from my perspective, to at least partially remedy that,” Mallard said to reporters afterward.
“It’s a clear indication to select committee chairs that it is the job to provide the opportunity for officials to be held to account. That did not appear to occur yesterday.”
Again a good call from the Speaker.
I’ve referred to in the past of the huge survey Pew did in 2012 of almost 32,000 Muslims in around 40 countries. I’ve blogged some of their published findings.
What I didn’t realise was their entire dataset was available for download, allowing me to get the full data.
I’m blogging some of the results here to highlight both that there are big differences in views between Muslims (ie not a homogenous group), but also some concerning minority views.
I found it interesting that 25% of Muslims don’t identify as Shia or Sunni. Media often report it as if every Muslim is one or the other.
There are very few issues which get over 90% agreement. Only a belief in heaven, a duty to convert and marrying within the faith. Good to see a high level of concern over extremism.
It is concerning to see such high levels of support for killing apostates or adulterers.
In the US, the views of American Muslims are more moderate . Some data from a 2017 Pew survey:
It is no surprise that US Muslims are more moderate than say Muslims in Saudi Arabia and Pakistan etc. What the US data shows is the views do change over time, just as they have with Christianity.
Stuff reports:
Critics who think the new passenger rail service between Hamilton and Auckland is a bit slow and ineffective have found an unlikely ally: Patrick Reynolds, a member on the board of the Government agency that bankrolled the service to the tune of nearly $80 million.
In a tweet, Reynolds said the service was the “worst of both worlds” and it is “[v]ery hard to see how it will attract much ridership”, until problems with the speed of the trains were fixed.
He is right. few people want to spend five hours a day commuting. The train service will almost inevitably get closed down in a year or two as so few people will use it, and the taxpayer will lose $100 million.
RNZ reports:
The Government’s move to make it mandatory for all testing of border workers to be recorded in a central register is being derided as months too late. …
Auckland University professor of medicine Des Gorman said it was ridiculous the register was not already mandatory.
“I, like most people, would be saying ‘oh, I’m very, very surprised that we’re having conversations about compulsory registers now’ – it’s April 2021. I would have thought this was something we would have nailed in March 2020.”
Better late than never I guess.
Stuff reports:
Energy Minister Megan Woods says an uptick in climate-heating gases from electricity and heat production proves the country must stop burning coal and gas to make electricity.
While most of the country’s power is clean, fossil fuels top up the grid during times when hydro lakes are low.
The ban of gas exploration has led to more coal being used. So it is the Government itself that has made things worse.
The renewable share of electricity has fallen under Labour:
And coal used in electricity has risen:
So well done Labour. You have doubled coal use for electricity.