He’s back

Stuff reports:

Recaptured murderer and paedophile Phillip Smith is on his way back to New Zealand following deportation proceedings in Brazil.

Smith departed Rio de Janeiro earlier this morning, New Zealand police said.

Smith is serving a life sentence, so I’ve got some advice for the Department of Corrections.

  • No parole
  • No temporary release
  • No home detention
  • No running companies from prison
  • No enrolling in courses and claiming student allowances

Following those simple guidelines above for Smith will be very helpful to everyone.

No more tolerance

Stuff reports:

Anyone exceeding the speed limit this summer can expect to be pulled over, regardless of whether there’s a 4kmh speed tolerance.

The warning comes as police move towards zero tolerance of speeding after a successful campaign last summer when fatalities dropped 22 per cent.

“Anything over the limit is speeding and anyone speeding can expect to be pulled over,” police assistant commissioner, road policing, Dave Cliff said

Yes we must target those criminals driving at 101 km/hr. Disgraceful people.

RIP Phillip Hughes

The death of Phillip Hughes is incredibly sad – not just for his family, colleagues and friends – but also for the cricketing world.

No game is without its risks, but the rarity of dying from playing the game has been minuscule.

One really doesn’t know what to say. It is just such incredible misfortune.

Thank God it is over

The ODT reports:

An ear-splitting shriek of joy and relief rent the air at Dunedin’s Gigatown office last night as the city was named the winner of the Gigatown competition.

The win came after a massive online push from residents and supporters that lifted the city above its five competitors to the top of the competition.

Seconds after the annoucement, Mayor Dave Cull was at the podium in Wellington accepting the prize he said would have a real effect on Dunedin residents.

”This will affect their lives, it will affect their children’s job prospects, it will affect their educational possibilities, it will affect their medical services, it will affect their retail, it will affect every aspect of our lives.

”This will enhance the possibilities for our whole community.”

 

Thank God I never have to see another #giga tweet in my life.

Congrats to Dunedin for winning though. Having all residents with access to a gigabit connection will be cool.

Shearer for MFAT?

The Herald reports:

The State Services Commission is about to embark on a search for one of the most prestigious jobs in the public service – head of the Ministry of Foreign Affairs and Trade.

Chief executive John Allen is leaving to take the reins of the Racing Board. The board is responsible for all racing and betting in New Zealand.

He is likely to get a pay rise from the $600,000 he earns. The last chief executive of the Racing Board earned $960,000.

Maybe David Shearer should apply? Could do a lot more as Secretary of Foreign Affairs than ranked No 16 in Labour’s caucus. He’d be good at the job also.

Will Goff be prosecuted?

Stuff reports:

The country’s spy watchdog has issued a “please explain” to Labour MP Phil Goff over why aspects of her report into SIS information were given to reporters.

Inspector-General of Intelligence and Security Cheryl Gwyn said she was aware of Goff’s statements that he had disclosed some information concerning findings in her report into the release of information by the SIS.  

She would be seeking further information from Goff and others, she said in a statement.

“That disclosure was contrary to the non-disclosure obligations under which affected parties received some limited prior notice of the report and was also unfair to others,” she said.

“The broadcast or publication of that information may also have contravened the IGIS Act and, in any case, these events raise questions for the handling of future reports.  Any issue of prosecution will, however, be for the Police.”

Under the IGIS Act, convictions for a breach could trigger a fine of up to $50,000 against a company or corporation, or a $10,000 fine and a year in jail, or both, for an individual.

Goff won’t be prosecuted for leaking the report, but he has snatched defeat from the jaws of victory. He pissed away his own moral high ground.

Labour President quits

Stuff reports:

The Labour Party is looking for a new president after Moira Coatsworth confirmed will stand down in mid-December, giving the party new leaders in and outside Parliament.

New party leader Andrew Little said Coatsworth left in good standing with Labour.

He would not name a front-runner and said nominations had not yet opened.

Front-runners? from what I hear the possible contenders are running in the other direction! Does anyone want the job?

They could do a lot worse than bring back Mike Williams – but perhaps as General Secretary, rather than President this time. He is a very good organiser.

My submission on the Countering Terrorist Fighters Legislation Bill

SUBMISSION OF DAVID FARRAR ON THE
COUNTERING TERRORIST FIGHTERS LEGISLATION BILL TO THE FOREIGN AFFAIRS, DFEENCE AND TRADE SELECT COMMITTEE

About the Submitter

  1. This submission is made by David Farrar in a personal capacity. I would like to appear before the Committee to speak to my submission.

The overall Bill

  1. With one exception I am broadly in support of the Government’s proposed law changes to help counter terrorist fighters. The rise of the Islamic State of Iraq and the Levant (ISIL) poses a significant threat to not just the local populations in the areas it controls, but to countries and people around the world.
  2. I am broadly supportive of the proposed changes to the Passports Act, information sharing with Customs, and allowing the SIS to do electronic visual surveillance under warrant.

Emergency Surveillance by the SIS

  1. I oppose the proposed law changes to allow the SIS to do emergency surveillance for up to 48 hours without a warrant.
  2. I believe it is important for New Zealanders to have confidence and trust in their law enforcement, security and intelligence agencies.
  3. At present the Government can say that no New Zealand citizen is spied on by any state agency unless a warrant is approved by an independent judicial officer such as a Judge, JP or Commissioner of Security Warrants. This is a hugely important check and balance in our system. No New Zealander can be spied on by a state agency without effectively judicial approval.
  4. This proposed law would do away with the status quo. No longer could New Zealanders be told that they can only have their communications intercepted if an independent judicial officer agrees.
  5. For Parliament to do away with this long standing right, they need to be convinced that the consequences of not doing so would be worse than remaining with the status quo. This should be a very high threshold. No matter how temporary the exception may be, the fact is that the law will go from an absolute guarantee of no surveillance without judicial approval to no guarantee. Parliament should be loath to make such a change.
  6. I accept that threats may emerge quickly and it is desirable for intelligence to be gathered quickly. However rather than water down the requirement for prior judicial approval, other alternatives should be considered.
  7. We live in a connected world. The Commissioner of Security Warrants and the Minister for the SIS can probably be contacted close to 24/7. Documents for a warrant can be sent electronically for approval. With planning, one should be able to get a warrant within a couple of hours where haste is necessary.
  8. Other options is for the Commissioner and the Minister to have deputies who must be available in Wellington, when the principals are likely to be difficult to contact.
  9. This law change will make it harder for the security agencies to keep the confidence of New Zealanders that they can only be spied on if prior approval is given by a judicial officer.
  10. There is a massive difference between a system of checks and balances that occurs before surveillance occurs, and one that checks afterwards if it was appropriate.
  11. Changing the law to allow the SIS to do surveillance without prior judicial approval should be the last resort, not the first. I would urge the Committee to delete this section of the Bill.

    Possible further safeguards

  12. If the Committee does not agree to remove the sections on emergency surveillance powers, I would ask them to consider some or all of the below as possible further safeguards.
  13. Change the threshold from a warrant being “impractical in the circumstances” to “highly impractical” and change the impact of a delay from “likely to result in a loss of intelligence” to “highly likely to result in a loss of important intelligence”.
  14. Reduce the time period for emergency surveillance from 48 hours to 12 hours. I can’t conceive of a situation where the Commissioner and/or Minister can’t be located within 12 hours. This also syncs it with the requirement to notify the Commissioner, Minister and Inspector-General within 12 hours.
  15. Have any report on use of the power also going to the Inspector-General automatically under S41E(4) so they can investigate on their own initiative, even if not referred by the Minister or Commissioner.

Thank you for considering this submission. I would like to make an oral submission in support, and look forward to appearing.

 

David Farrar

Claims and more claims

The Herald reports:

Blogger Cameron Slater has claimed in texts to Prime Minister John Key that senior Labour staffer Matt McCarten was involved in hacking his emails and that Labour even tried to kill him.

To put that into context, it is referring to an alleged conversation among some of those involved in the Dirty Politics saga that they hoped the pressure would lead to Cameron killing himself. As far as I know, no one is saying Matt McCarten is an assassin 🙂

THE TRANSCRIPT

Cameron Slater: gave it away to me…Goff leaked SIS report

John Key: It’s a joke isn’t it. They will attack Jason for talking to u and they break the confidentiality agreement. Classic lab.

Slater: Yup…I’m very angry over it…Goff is the one who leaked oravida stuff too.
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Slater: They still have standard bloggers on staff

Slater: And Mccarten was involved in hack

Key: Hopefully it will all come out in time

Slater: I wish they would hurry up…they played the real dirty politics…even tried to kill me…I have evidence of.

Cameron blogs:

I had confirmation from two journalists that Phil Goff was the one who briefed them about the report and the source of the leak.

I texted John Key, and informed him of the source of the leak. He thanked me. No discussions of the content of the IGIS report were held, it was a brief exchange.

I did not text Judith Collins and have not texted Judith Collins for some months. We had no discussions regarding the content or otherwise of any report.

In my conversation with Josh Forman I got suspicious because of his intense interest and so fed him some information that wasn’t strictly true so that it could be easily verified by cellphone records.

I repeat. I never had a text conversation with Judith Collins on Monday night. Cellphone records will clearly show this.

The following day Josh Forman continued along that line of inquiry and was imploring me to out the txt with John Key, I couldn’t work out why.

That is until this afternoon.

Josh Forman is a man who lacks integrity. In good faith I was willing to coach someone from the other side so they could have a better voice in the blogosphere.

I now know that his request for coaching was a subterfuge, at the behest of the Labour party in order to gain my trust.

I thought the campaign was weird enough, but this has now reached a new level of weirdness. The biggest issue of the moment is Cameron Slater – he was mentioned 124 times in Parliament this week!

I suspect 90% of the public are confused or bemused or both – or just change the channel when the latest politics story comes on.

 

Agencies really need to start talking to each other

Stuff reports:

Murderer and sex offender Phillip Smith swindled $26,700 in student living costs while housed at public expense in prison.

The Ministry for Social Development has confirmed it has been trying to recover the payments. But Department of Corrections officials were unaware of the scam until yesterday.

Can we have a new rule.

If a prisoner is in trouble with any other state agency, then that agency should let Corrections know.

Incredible.

Gareth Morgan on why a flat tax is fairer

Are Robertson’s leadership ambitions over?

Liam Hehir writes in the Manawatu Standard:

Half a century ago, Richard Nixon addressed the media after narrowly losing election for governor of California.

The defeat was all the more bitter for Nixon since, just two years earlier, he had missed out in one of the closest presidential elections in history.

Dejected, he assured reporters that they wouldn’t have “Nixon to kick around any more” as he declared the end of his public career.

In just six years, however, Nixon was elected president.

Not sure Grant sees that as a good precedent though!

We should keep this in mind as we consider Wellington Central MP Grant Robertson’s latest disavowal of ambitions to lead the Labour Party.

Having been beaten twice in his quest for the leadership, Robertson says his aspirations are over and that he intends to give the new leader his full support.

We should take Robertson at his word. He has put his name forward to lead Labour twice now – and has lost both times. That would demoralise anyone.

I’m sure Grant is committed to his new role.

Robertson retains a following within the Labour caucus, the permanent bureaucracy and the media. He has been accused of using that platform to destabilise at least the last two leaders. By any measure, he will be a natural rallying point for dissent.

The conventional wisdom is that Little should appease Robertson’s loyalists by allowing him to retain a large degree of independence and influence within caucus.

This would be the path of least resistance. In the short term, it would also bring plaudits as a unifying gesture.

However, it could also prove to be Little’s undoing. Such a settlement would hold while things were going well.

Once things got rough, however, the peace could quickly fall apart.

What happens if Labour’s prospects still look bleak by 2016?

What if Little has a period of rough polling, poor media performances and strained caucus relations? Does Robertson just forget the leadership?

In the end the party’s performance will determine how united they stay.

Dotcom claims he is broke

The Herald reports:

Internet mogul Kim Dotcom says he is officially broke.

The German entrepreneur and failed politician has revealed this week that his three-year, $10 million legal fight against extradition to the US to face trial on an alleged conspiracy to commit the biggest-ever breach of copyright has seen him run out of cash.

I can only speak for myself, but if I was running out of cash, I wouldn’t spend $4.5 million on a pet political party.

Lusk: A Campaign Professional’s Guide to Winning New Zealand Campaigns

Simon Lusk has written A Campaign Professional’s Guide to Winning New Zealand Campaigns. He’s releasing it a chapter at a time on Amazon.

The first chapter is on the need to start with a good candidate. His first point is a good candidate should be friendly and outgoing. He suggests the following tests:

  • Can they walk into a room of strangers and enjoy it?
  • Do they have charisma?
  • Do they have a prodigious work ethic?
  • Are they are a fighter?
  • Avoid “risk takers” and “sinners”
  • Are they realistic about their chances and career prospects?

This is more a guide for campaign managers than candidates, but prospective candidates would find much of it useful also.

 

Guest Post: Kuala Lumpur

A guest post by John Bishop. His eat drink travel blog is here:

It’s hard to imagine government buildings being interesting but Malaysia’s administrative centre at Putrajaya about 30 minutes outside Kuala Lumpur certainly is proof to the contrary.

Putrajaya is a planned city and government shifted there in 1999 after downtown KL became too crowded. However Kuala Lumpur is still Malaysia’s capital. It is home to the King and Parliament, as well as being the country’s commercial and financial centre.

In Putrajaya every government agency makes a solid statement with its own building with its own style. No expense has been spared in this strenuous assertion of Malaysian prosperity and prestige as a nation. In Sanskrit, “putra” means “prince” or “male child”, and “jaya” means “success” or “victory”.

The architectural parallels with foreign capitals are unmistakeable.

The centrepiece is the seven kilometre boulevard leading to the palace like structure entirely devoted to the offices of the Prime Minister.

Boulevard0002

PM's office0008

At the other end of the boulevard is the convention centre designed to look like a space ship where the government hosts large international delegations.

convention centre0003

The grandeur of the architecture recalls Paris and Washington, with the broad sweeping tree lined boulevard suggesting the Champs Elysée.

The area is clean, planned, and orderly and not a shop or a hoarding in sight. This is about government. It is a statement that Malaysia is a regional power, economically if not militarily, confident, prosperous, and not to be taken for granted.

The city is within the ‘Cyberjaya’ the government’s Multimedia Super Corridor (MSC). The government plans to make Malaysia into a thoroughly modern state by 2020, partly through a knowledge based societal framework, and the multimedia super corridor is a vital component of that strategy.

lake 20006

The Australians journalists I was travelling with were impressed. Looking at the lake from the bridge along the boulevard, one commented that it certainly put Canberra in the shade.

lake0007

Of course Wellington has nothing even remotely like this, plans for a lavish government centre around the Molesworth Street area having been shelved long ago.

Actually I was in KL as a guest of Malaysia Airlines who want to promote KL as a stopover from travellers from New Zealand and Australia going either to north Asia or Europe.  A group of writers were shown through MAS’s operation where the satay makers work every day turning out thousands of Malaysia’s signature dish.

satays still assembled by hand0010

satays 20009

After the concerns over safety and security crew training is important and all crew do regular refreshers on resuscitation and other emergencies including evacuations down the big slides.

Airline slide0001

MAS is about to delist from the Malaysian Stock Exchange after the minority shareholders voted to accept a buyout offer from the government owned investment company.

Malaysian taxpayers have already put in a total of $7B into the company since 2001, and after the loss of two aircraft and the decline in traffic, the company is forecast to lose $1.2B – $1.8B this financial year. Without remedial action, MAS was scheduled to run out of cash entirely in 2015.

Under the 12 point recovery plan now being implemented there’ll be a further capital injection of $2.6B and jobs will also be reduced from 20 000 to 14 000.  Service will be modernised, new aircraft may be purchased but little change is expected to routes. Already commentators in KL are talking of a return to profitability and a relisting of the company in three years’ time.

The Press on SIS report

The Press editorial:

Gwyn found, however, that Tucker, in defending himself, had provided an account of the briefing that was “objectively” misleading, by omissions and failure to provide context. The Prime Minister was also misled by the information Tucker provided. When public discussion about the matter blew up, Tucker failed to correct the situation.

Tucker’s errors were undoubtedly serious. He was not as measured and objective as he was required to be. These failures compromised the service’s obligation to appear politically neutral and the service has formally apologised for them, both to Goff and to the Prime Minister.

But contrary to much of the public debate on the matter, Gwyn found no partisan political motive on the part of the SIS or its director. Tucker’s faults were errors of judgment, no more. She also found that no SIS member had improperly leaked information to the blogger Cameron Slater or colluded with him.

Most importantly for the Prime Minister, Gwyn emphatically rejected any allegation of political collusion or direction of the SIS in its disclosure of information. The so-called “Dirty Politics” conspiracy did not exist.

Indeed.

She did find that information was provided by an employee in the Prime Minister’s Office to Slater for political purposes, but that employee was a political one who was not expected to be politically neutral and the information was not classified.

Political staff have political discussions with bloggers. How surprising.

On an issue of most concern to media, Gwyn found that differential treatment of requests for information from mainstream outlets, compared with one received from Slater, arose not from political partisanship but rather poor process, inadequate resources and lack of political awareness. The picture she paints is of a department unused to dealing with Official Information Act requests and under pressure for a quick response, rather than one seeking to act as part of any conspiracy.

Incompetence rather than malice. As is often the case.

The Herald editorial disagrees and says it is all John Key’s fault.

The rioting in Ferguson Missouri

As expected rioting and looting broke out after the Grand Jury decision on the Michael Brown shooting was announced.

The Washington Post has posted a series of  graphics that according to them is the correct sequence of events that led to Brown being fatally shot.

The grand jury documents are here.

Juan Williams from Fox News has written an opinion piece in which he asks.

Where is the black leadership now that a grand jury has decided not to indict the police officer that killed Michael Brown?

Where is Al Sharpton? He advertises himself as a spokesman for the best interests of black America. But he is absent.

Where is Jesse Jackson, another popular media personality who says he speaks for black America? He’s missing in action, too.

Perhaps its cynical to think it but I’m not sure that Sharpton is a voice of reason. Williams goes on to comment on how Brown’s family have handled themselves post the Grand Jury announcement.

Incredibly, the best leadership on the scene has come from the family of the murdered teen.

Michael Brown’s family issued a statement right after the prosecutor announced that the grand jury was not going to indict the officer. They said they are “profoundly disappointed that the killer of our child will not face the consequence of his actions.”

They then spoke about the need for “positive change…[the] need to work together to fix the system that allowed this to happen.” They specifically called for requiring the police to wear body cameras and then they added “please keep your protests peaceful.”

“Answering violence with violence is not the appropriate reaction – Let’s not just make noise, let’s make a difference,” their statement read.

[CORRECTION] At least the family are acting with dignity  This isn’t accurate as although a statement as cited was released Michael Brown’s stepfather was recorded on video inciting the crowd to “burn this bitch down”.

As for the looters and rioters it looks like some level of pre-planning has gone into their actions. It doesn’t look like one of those ‘spontaneous demonstrations’ that we sometimes hear about.

[Update] Here is the video footage of Michael Brown robbing the convenience store prior to the altercation with the police officer.

Just a big cat

Latin American logistics

A few people have asked about who we used for our Latin American trip, and what the itinerary was. For those now planning to go there, here’s the basic details.

  1. 2 nights in Santiago, Chile
  2. 5 nights/6 days around the Galapagos Islands, Ecuador
  3. 3 nights in Quito, or surrounding area, Ecuador
  4. 3 nights in La Paz, Bolivia
  5. 3 nights in Amazon Rainforest, Bolivia
  6. 2 nights around Lake Titicaca
  7. 4 nights in Cusco
  8. 3 nights on Inca Trail
  9. 1 night in Cusco

The NZ company we used was Harbour City Travel, through Trish Brennan. HCT worked with Viva.

In each country there was a local company that would pick us up, do all the transfers, and give us the vouchers and details for the activities in each country.

In Chile the local company was CTS Turismo. They were good. No problems, and did a vineyard tour, a city tour and walked around some parks. Around all you want to do there.

In Ecuador it was Galacruises Expeditions. The cruise we went on was the Grand Odyssey which was superb. Highly recommended. The Quito tours were very good and we had the same guide for four days which was helpful. Recommended.

In Bolivia it was Transturin. For the first part of our stay they were very good, with the city tour and transfers. However I would not use them for the Lake Titicaca experience as they constantly ran late, and their pick up and drop offs point were not well thought out. From others we spoke to, they said it is better to do Lake Titicaca if going from Peru to Bolivia rather than vice-versa. For the Amazon we stayed in the Chalalan Eco-Lodge and that was very good – good guides, good food, and great location. Facilities very basic though.

In Peru it was Coltur and for the Inca Trail it was Pachamama Explorers. Pachamama Explorers were first class on the Inca Trail and guiding us around Machu Picchu. William was our guide- ask for him. Coltur started well, but did not cope with some changes needed due to illness, and we didn’t get consistent information from them.

All up we were away for 31 days. If doing it again I’d do it in the reverse order (Chile, Peru, Bolivia, Ecuador) as ending with Galpagos would be great and Lake Titicaca works better that way. We had to do it in that order as the Inca Trail was all booked up earlier in our trip. Was pretty exhausted at the end of it (now need a holiday to recover from the holiday) so with hindsight would have a couple more do nothing days. We only had one of those in 31 days (which became a large shopping day!). I’d also have a policy in future to make sure all hotel stays are for at least two nights as getting to a place late at night and leaving the next morning is not so much fun.

But overall an amazing trip, and a great way to see some of the highlights of Latin America.

The Collins report

The report by Justice Chisholm into Judith Collins and the SFO Director is here. The key conclusion is:

There is no probative evidence that Ms Collins undermined or attempted to undermine Mr Feeley. The implication that she was so involved is untenable.

I always thought this would be the case.

The report is a fascinating read. If you have the time, read it.  It is very comprehensive. Judith Collins allowed a contractor on behalf of the inquiry to search through all her electronic records over many years.

I am pleased for Judith that she has been cleared. They were very serious allegations.

The inevitable question is whether she becomes a Minister again. As the PM has said, there is no vacancy at the moment. But inevitable there will be reshuffles during the term, and I think her record of achievements in various portfolios speaks for itself and she should return to the ministry when there is a vacancy.

A couple of media have focused on Cathy Odgers not being required to give evidence in person. Well she would have if required, but she sent in an extensive 7,500 or so brief of evidence that the Commission found satisfactory. Also slanted media attacks by journalists trying to defend their own involvement were probably prejudicial against her. It is worth people recalling that the inquiry did find that journalists at the Herald were sharing information with Whale Oil, specifically so he could attack Feeley – so I don’t think they have a moral high ground on this.

Also of interest in the report is how much of the attacks on Feeley were coming from his own staff or ex-staff, resentful at his restructuring. This was very unprofessional of them – and one of them was even prosecuted for forging a purported e-mail from Feeley.

Guest Post: Maui’s Dolphins

A guest post by Keith Mawson of Egmont Seafoods:

Scientists telling fibs about Maui’s dolphins

In 2003 the government banned fishing in the Maui’s dolphin habitat off Auckland and Waikato.  No Maui’s have been recorded as harmed by fishing since then.

Yet this is not what the experts in the International Whaling Commission were told as they voted against New Zealand at the IWC meeting in Slovenia.

The IWC relied on a paper presented to its Scientific Committee in 2013 which stated there was a yearly documented death rate of the endangered Maui’s from fishing.

It was written by Dr Barbara Maas, who works in London for NABU International, a conservation organisation. 

She reported to the IWC that there was not only a recorded Maui’s death rate from fishing, but that in 2008 it increased.

Since the 2008 protection measures were introduced, the number of stranded and reported bycatch cases has increased slightly (Slooten 2013). Between 1970 and 2008 an average of 1.00 entangled Maui’s dolphin was recorded per year. This figure increased marginally to 1.33 dolphin deaths per annum between 2009 and 2012.

Maui’s are clearly threatened subspecies of dolphin. Though the well-known number of 55 Maui’s adults is an estimate, the real population total is probably not too far off this.

Were Maas’ figures to be true, (though she states the figures come from Otago academic Liz Slooten but Maas provided no footnote reference) there would have been eight dead Maui’s dolphins from fishing since 2008, and nearly another 40 back to 1970.

If fishing was killing them at the stated rate, and expanded into a theoretical and often cited multiplier total of 4.97 per year, then something would need to be done.

But the figures, though worked out to the seemingly scientific second decimal point, are bogus.  A Slooten paper which is the probable source, states the numbers are taken from a DOC database. 

But the DOC database has no such information.  The IWC has been misled.

The information DOC holds is that in four cases, between 1921 and 2002, fishing may have killed a Maui’s.  Two were ‘possible’, one ‘probable’ and one ‘known’.

There is no yearly rate at all.  There are only four instances of fishing possibly killing Maui’s since records were first taken 93 years ago.  It is actually the confirmed reason in only one of these four cases.

Even more significantly, the most recent fishing implicated case was in 2002.  In 2003, the government imposed set net and trawl restrictions in the known Maui’s range – encompassing the areas where these four mortalities had occurred. 

So set net fishing had at most a questioned and minor impact on Maui’s before 2003, but no effect at all has been evident since.

There is no record of any Maui’s ever being caught in a trawl net either.

It is well known where most of the Maui’s live. They frequent shallow waters 30 kilometers north and south of the mouth of Waikato River, with some as far north as the Kaipara.

The occasional migration of Hector’s dolphins from the South Island confuses this picture. Both belong to the species Cephalorhynchus. They look exactly the same.

When Maui’s were categorised as a subspecies of Hector’s dolphins in 2002, the scientists believed the population had been separate since the end of the last ice age thousands of years ago.

Imagine the surprise when in 2010 sampling of DNA found a couple of Hector’s alive right in the core of the Maui’s habitat.  Theoretically they should not be there.  But they are.

Since physical separation of Maui’s and Hector’s no longer applies, genetic distinctions and old fashioned physical measurements are the remaining criteria for distinction.  It’s a weak case, since there is no more genetic difference discovered between Maui’s and Hector’s than there is between at least 26 subsets of Hector’s themselves.

The latest government commissioned survey information of Hector’s is that there are more than 9,000  off the East Coast of the South Island, with other populations off the West Coast and Southland, making a total population of about 14,500.  They are not at risk of extinction.

Dolphin campaigners will not accept this figure and still insist the total Hector’s population off the South Island is not much more than 7,000. 

This much lower number is used in the recent Economists at Large analysis of the Maui’s and Hector’s, which was commissioned by the Whale and Dolphin Conservation organisation.  The report did not mention that the figure is at best a contested estimate.

The Economists at Large document includes a map of where they think Maui’s and Hector’s live and which the authors want for a dolphin sanctuary.   The map depicts three ostensible migration routes of Maui’s going to the South Island.

The map is a Pixar Animation level of imagination.  There is not a shred of evidence any Maui’s dolphins have ever crossed to the South Island, let alone that such migrations are studied and frequent enough to justify a number of detailed route maps.

There is no evidence either that the Maui’s and Hector’s breed with each other, so the demand for a huge no-fishing ‘breeding corridor’ between North and South Islands is another fantasy.

But back to the facts.  Five Hector’s DNA samples have been collected along the Wellington coast to Taranaki since 1967.  No Maui’s DNA has been found south of Kawhia, well up into Waikato, since 1989.

In November 2011 there was a Hector’s sighting in Wellington Harbour.  Over that summer there were sightings up to Taranaki and Hawkes Bay.  There were two sightings between Hawera and Whanganui – the only ones ever recorded.  A beach-cast DNA confirmed Hector’s was found at Opunake in April 2012.

Crucially a dolphin was captured and killed in a fishing net in January 2012.  The regulations prevented any samples being taken and it was returned to the sea.  We will never know whether it was a Hector’s or a Maui’s.  DOC thinks it was a Maui’s. The Ministry for Primary Industries thinks the chances of it being a Maui’s or Hector’s are even.

But in the popular mind it was a Maui’s.  Advocate scientists successfully had more fishing restrictions imposed later in 2012 and then more again the following year.

As a result of these unjustified restrictions the fishing industry along this coast has contracted.  Workers have been laid off.

A risk assessment panel in 2012, with handpicked dolphin advocates, declared there to be Maui’s populations, not just off Taranaki, but as far south as Whanganui which needed protection from fishing effort.

The evidence though is increasingly that in some, but by no means all, summers there is something which drives or lures a very small number of Hector’s from the South Island to the North Island, to Wellington, along the Kapiti coast and then sometimes further north again. 

Off Taranaki, more than 1,000 MPI observer days have been spent on fishing vessels looking for Maui’s in the past two years.  A similar time has been spent by independent observers on oil exploration vessels.  DOC has used boats and aircraft to find Maui’s or Hector’s in the region.

They have seen none of either.  If the expert panel in 2012 had been anywhere near correct in its population estimates then there would have been at least dozens of Maui’s sightings.

Undeterred, the experts keep on supplying their opinions to the IWC. This year the Scientific Committee was informed that the number of Maui’s killed by fishing between Hawera and Whanganui could exceed one per year. 

Based on established ratios of population to capture from the Hector’s in South Island waters this death rate would mean a population of some hundreds of Maui’s would need to exist between Hawera and Whanganui.

No scientists have seen a Cephalorhynchus (Hector’s type) here.  There have only been two public sightings ever.  Both were following Hector’s presence along the coast to the north and south in the 2011-2012 summer.

The panel has been proven quite wrong in another respect as well.  It concluded that the rate of deaths in Maui’s due to disease was less than one every 100 years, so certain was it that fishing, both set net and trawl, was the culprit of population decline.

The panel did not consider three post-mortems which were being conducted on three Maui’s at Massey University.  The cause of death for two of them was established as Toxoplasmosis, a protozoan disease originating from land animals, with cats playing a critical role in the disease life cycle.

The diagnosis resulted in the expert panel’s allocation of disease blame to be used up for the next two centuries and beyond.

Hector’s dolphins dissected at the same time were also riddled with toxoplasma. The species has shown to be more vulnerable to this disease than other types of dolphin.

Unlike the many petitions which have been raised to call on the government to multiply the sea area closed to fishing, none are circulating wanting the government to fund research on Toxoplasmosis.

There is no research programme for Toxoplasmosis, which has been proven to kill Maui’s, yet many calls for more restrictions on fishing, for which there is no evidence that it is causing Maui’s any harm at all.

The conclusion must be that either it’s easier to run a blame-game campaign on human activity, than it is to target disease infection from land animals.

More specifically, is that the campaign to save the Maui’s is more generated by antipathy towards people earning a living from the sea, than it is to actually saving the Maui’s.

Over the past few months Maui’s campaigners have refocused their targeting on the petroleum industry off Taranaki.  There is no evidence that oil exploration or extraction has harmed a single Maui’s in half a century of activity in the region.

But it is interesting to note how the argument on where the Maui’s are supposed to be living, is manufactured to suit the activity being cited to cause the threat.

When fishing is targeted, the Maui’s population is described as being up to three-quarters of the way round the North Island and even off the South Island.  That is, where there is fishing.

But now, when the target is the petrochemical industry off Taranaki, the Maui’s population spread has been totally reinvented.  The new claims are that ‘their entire population [is] residing in a small sanctuary established in 2008 off the west coast of the North Island’.

We all want to see the Maui’s population flourish.  We do not want it to become extinct.  This will mean boring science stuff, such as investigating how the Maui’s get diseases from the land, or how their reproduction might be helped.  None of this is being done.

Instead, ideological targeting masquerading as scientific objectivity will not help them.

The SIS report

The Inspector-General of Intelligence and Security has reported:

The inquiry found the NZSIS released incomplete, inaccurate and misleading information in response to Mr Slater’s request, and provided some of the same incorrect information to the Prime Minister and the Prime Minister’s Office.

“These errors resulted in misplaced criticism of the then Leader of the Opposition, Hon Phil Goff MP. Mr Goff is owed a formal apology by the Service,” said Ms Gwyn.

Ms Gwyn found no evidence of political partisanship by the NZSIS but did find that the NZSIS failed to take adequate steps to maintain political neutrality.

 “Having released inaccurate information that was predictably misinterpreted, the then Director of the Service had a responsibility to take positive steps to correct the interpretation. He failed to do so,” said Ms Gwyn.
Warren Tucker was obviously greatly annoyed at Goff denying he had been briefed on the Israelis, when he had been, but the Inspector-General has found his response was not satisfactory. Basically he felt his integrity had been impugned, so supplied information to back him up, rather than to give a full record. Also the SIS have little experience with the OIA and didn’t do stuff they should have, such as giving Goff an advance copy of their proposed response.
That is very disappointing from any state sector head, but especially the SIS. It will add to the task Rebecca Kitteridge has to maintain and grow confidence in the professionalism of the SIS.

Ms Gwyn said she had also investigated allegations, made before and during the course of the inquiry, that NZSIS officers had acted in collusion with Mr Slater or under direction from the Prime Minister or the Prime Minister’s Office. Ms Gwyn said that these allegations were particularly serious and that she had made full use of her statutory powers to investigate them.

“From that thorough investigation, I do not believe that any NZSIS staff member contacted Mr Slater to instigate his OIA request. Nor have I found any collusion or direction between the NZSIS and the Prime Minister or his Office.”

Not Watergate, despite what Russel Norman claims.

Ms Gwyn went to on comment that she had, however, established that a staff member of the Prime Minister’s office had provided unclassified NZSIS information to Mr Slater. However, that information was understood by the Prime Minister’s Office to have been provided for media purposes and there was no breach of confidence towards NZSIS in that disclosure.

“That disclosure did not breach any confidentiality or security obligations owed by those staff to the NZSIS. No classified information was disclosed to Mr Slater.” Said Ms Gwyn.

Basically Jason Ede tipped Cameron Slater off that there was some information worth applying for under the OIA. I’d say parliamentary staff have been tipping people off as to things to apply for since probably the day after the OIA was passed.

It is far to say though that when it comes to material involving a security agency, even if unclassified material, it is not a good look. It would be better for the Government to have just decided themselves to release the material, rather than rely on the OIA.

Also important to stress that while I don’t have a problem with people being advised to apply for things under the OIA (and many in the media may receive such tips also), it is important that all OIA requests are treated equally under the law regardless of who applies.  It seems the SIS did not correctly respond to media requests, as they did not regard them as OIA requests. But this is clearly wrong, as you do not have to cite the OIA for a request for information to be treated as an OIA request.

The full report is here.

I should pay tribute to Cheryl Gwyn for the robust nature of her report. It is very thorough and pull no punches. From time to time government institutions do make wrong calls, and what is important is we have a system that can deal with them.  I said at the time that I thought her appointment was a good one, and this reports shows it was.