Category Archives: NZ Security

Justice delayed, now denied.

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Rather than ring out the old year and ring in the new year with the usual inane rubbish about new beginnings and fresh starts, annual lists, countdowns etc., how about we use the occasion for a reality check, in this case a reality check on the state of the NZ judiciary using one very important case.

On October 15, 2007 a number of individuals were arrested on a variety of charges, including planning terrorist attacks. Others were arrested later, and collectively they have come to be known as the Urewera 18. On May 30, 2011, three and half years after they were arrested, the majority of these defendants will finally go to trial (three defendants will be tried separately).  Not only is the delay largely a result of the Police and Crown trying to introduce new charges after the fact and argue for the admissibility of evidence obtained under the Terrorism Suppression Act that was ultimately not invoked against the accused. Now, in a decision which has had its reasoning suppressed by the court, the Urewera 15 have been ordered to have a trial by judge. You read correctly: not only have they been denied  the right to a prompt trial but are now denied a jury of their peers. To that can be added holding the trial in Auckland when most of the defendants live elsewhere and their purported crimes were committed outside of Auckland.

Between the delays, venue and judge-only trial, the Crown and judiciary is engaging in a blood-letting exercise designed to drain the defendants materially and emotionally long before they enter the courtroom on May 30. Arguing under section 12 that the case is too complex, with too many defendants, with too many side-issues and matters of procedure to be considered adequately by a panel of laymen and women is an insult to the NZ public as well as a thinly veiled attempt at juridically saving face in a case that was over-ambitious, politically-motivated and legally flawed from inception.

This is further evidence of the ingrained authoritarianism and lack of accountability rampant in the judicial system. Judges act as if they are above the laws they are supposed to uphold. The Crown vindictively prosecutes cases without regard to their merits or costs because political interests are at play (remember that the NZ wikileaks cables show NZ government officials telling the US embassy in Wellington that theZaoui case was not winnable–then saw the Crown go ahead for another two years arguing for Zaoui’s incarceration or expulsion until the SIS finally dropped the pretext that he was a threat to national security). Elites are given name suppression for the flimsiest of reasons and judges protect their own when these transgress. This is exactly the sort of judicial attitude in dictatorships.

And yet, it is the attitude in NZ as well. Meanwhile, not a single mainstream media outlet has raised the subject of the long delayed and now jury-denied Urewera trial since the decision on the latter was announced in early December. Not a single right-wing blog has raised the obvious civil liberties and rule of law implications of the case. The Left commentariat has been largely silent as well, with the notable exceptions of Idiot Savant and Russell Brown.

Why is this? Is this silence a result of the fact that the accused are an ideological minority that are easy to scapegoat and persecute? If so, that is exactly the reason why the full spectrum of democratic commentators should be protesting the case: in a democracy it is not mainstream, “normal,” “nice guys” who deserve the most legal protection and rights of redress. It is the ideologically suspect, reprehensible, marginalised, ostracized or otherwise outcast who deserve the full protections of law precisely because they are at the mercy of the majority–a majority that is often ill-informed or manipulated by authorities when it comes to evaluating the merits of any given case against anti-status quo political activists. The majority may rule, but free, fair and impartial trials are the minority’s best bulwark against its tyranny.

That is another reason why a jury trial is deserved by the Urewera 15. A  jury, selected from the public mainstream, can listen to and observe the prosecution evidence and the defense against it in detail, first hand, then deliberate on the merits of each. That ensures that no judicial bias or hidden quid pro quos enter into the process. As things stand, the judge who hears the trial is vulnerable to such accusations, which is more the reason to bring an impartial jury into the process.

I am not entirely sympathetic to the causes being espoused by the Urewera 18. I do believe in their right to act militantly in defense of them subject to the penalties of  law should they act in ways that contravene criminal standards (as hard as it is to say, I extend this belief in the right to militant activism to neo-Nazis and skinheads as well so long as no harm to others results from it). Here I disagree with some distinguished Left commentators, who have seen something sinister in their activities and who believe that the political motivations of the defendants makes the case “special.”

I have already written at length on why politically-motivated crimes should not be treated as a special category so will not belabour it here. But I am sure that those who see sinister intent in the Urewera 18  will agree that the way this prosecution has gone is wrong on several levels. Even if the Urewera defendants are in fact complicit in something more than activist fantasy-ism and role-play, they deserve to be treated fairly according to the rule of law consistent with the foundational principles of a free society. Yet they have not, and nary a peep has been heard about that from those who should know better and who ostensibly are champions of the democratic ethos.

This attitude is shameful and should be repudiated by all fair minded people regardless of ideological persuasion.  The trial-by-judge decision must be appealed as a denial of due process and publicly repudiated by those who believe in the democratic ideal.

How’s that for some New Year’s resolutions?

Blog Link: The evolution of post-9/11 New Zealand-US relations revealed.

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I have digested as many of the NZ wikileaked cables as possible and have summarised my thoughts on the reality behind the rhetoric with regards to post 9/11 NZ-US relations as well as the possible implications of the revelation of the true nature of the ties in my latest “Word from Afar” column over at  Scoop.

NZ wiki cable number 2.

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This one is arguably better than the last. I say “better” simply because it speaks to intelligence and security issues in the main rather than broader foreign policy or NZ leaderships characteristics, and names key players in the NZ security apparatus (it should be noted that although it is illegal to name various intelligence personnel in NZ public fora, this was a classified internal US government document so the legal restrictions do not apply. Now the document is a matter of public record so the cat is out of the bag, so to speak).
In any event, this one is a veritable gold mine in places. Again, note the distribution list, and thanks to Selwyn Manning and Scoop for doing the original data mining.

08WELLINGTON356
Date: 10/24/2008
175015,10/24/2008 1:29,08WELLINGTON356,Embassy Wellington,SECRET//NOFORN,,VZCZCXYZ0001OO RUEHWEBDE RUEHWL #0356/01 2980129ZNY SSSSS ZZHO 240129Z OCT 08FM AMEMBASSY WELLINGTONTO RUEHC/SECSTATE WASHDC IMMEDIATE 5491INFO RUEHBJ/AMEMBASSY BEIJING PRIORITY 0442RUEHBY/AMEMBASSY CANBERRA PRIORITY 5291RUEHBUL/AMEMBASSY KABUL PRIORITY 0069RUEHLO/AMEMBASSY LONDON PRIORITY 0209RUEHNE/AMEMBASSY NEW DELHI PRIORITY 0192RUEHOT/AMEMBASSY OTTAWA PRIORITY 0336RUEHUL/AMEMBASSY SEOUL PRIORITY 0309RUEHKO/AMEMBASSY TOKYO PRIORITY 0725RUEKJCS/OSD WASHINGTON DC PRIORITYRUEAIIA/CIA WASHINGTON DC PRIORITYRHHMUNA/CDR USPACOM HONOLULU HI PRIORITYRHEFDIA/DIA WASHINGTON DC PRIORITY,”S E C R E T WELLINGTON 000356 NOFORN SIPDIS STATE FOR EAP/ANP AND INR/FO E.O. 12958: DECL:

10/23/2018 TAGS: PINR, PREL, NZ SUBJECT: A/S FORT’S OCTOBER 9-10 VISIT TO NEW ZEALAND Classified By: Pol/Econ Counselor Margaret B. McKean; Reason 1.4 (b), ( c), (d) 1. (C) Summary. During an October 9-10 visit to New Zealand, INR A/S Randall Fort met with members of the External Assessments Bureau (EAB), the Chief Executive of the Prime Minister and Cabinet’s Department, Ministry of Foreign Affairs and Trade Deputy Secretary Caroline Forsyth, and officials with New Zealand’s Government Communications Security Bureau (GCSB). GNZ officials praised USG efforts to improve intelligence sharing, particularly with respect to imagery. GNZ interlocutors acknowledged that New Zealand gains enormous benefits from being part of the Five Eyes intelligence community. A/S Fort’s message focused on the increasing sophistication of commercial search engines and the growing number of open source analyses available to policymakers. In the future, the intelligence community must find ways to differentiate their products and provide value added to policy makers, argued A/S Fort. He also discussed the issues surrounding cyberspace and national security. Key issues for GNZ officials centered on the recent Georgia/Russia conflict, Iran, Iraq, Pakistan/Afghanistan, North Korea and the Pacific region. End Summary. Security of Public Sector Computers is Key Concern ——————————————— —– 2. (C) INR Assistant Secretary Fort visited New Zealand on October 910, accompanied by other INR staff. Meetings with GNZ officials included calls on Gregory Baughen, head of New Zealand’s External Assessments Bureau (EAB), working sessions with EAB officials, a meeting with Bruce Miller, Deputy Director of New Zealand’s GCSB, and a a call on Michael McBurney, Deputy Director of New Zealand Security Intelligence Service (NZSIS). Discussions with EAB working level staff and analysts from other government

offices focused on the recent Russia/Georgia conflict, North Korea and northeast Asia, China, Iran/Iraq, Afghanistan, and the Pacific region. 3. (S/NF) During his visit, Fort called on Chief Executive of the Department for Cabinet and Prime Minister’s Office, Maarten Wevers, who manages a staff of 120, including Domestic and External Security groups, the PM’s policy group, and Wevers also oversees New Zealand’s intelligence committee. Wevers likened his Department to the National Security Council in terms of breadth of coverage and responsibilities. He noted that EAB’s operations are highly compartmentalized and EAB reports are tightly held within Cabinet, with few Ministers seeing them. He explained that New Zealand’s contribution to the Five Eyes intelligence community consists of two monitoring stations; one in the northern end of the south island, and the other on the north island near Wellington. Wevers offered that the GNZ recognizes that it is a “”enormous beneficiary”” of the Five Eyes community and lauded the good bilateral relations on intelligence sharing, including recent strides in imagery sharing. He added that New Zealand was “”well past the military issues”” of the past. A/S Fort hoped the additional access would prove useful to New Zealand; the amount of information and management of the information can be a challenge. Wevers commented that intelligence and assessments may mean something different to New Zealand than to other Five Eyes partners. Often there are significant differences with Australia, he added, as New Zealand is a more Pacific country than Australia and the latter is not always attuned to Pacific developments. 4. (C) A/S Fort spoke about the challenges for intelligence analysts posed by the rapid growth of commercially available analytic services outside government and the sophistication of search engines such as Google and Yahoo. The information needed by policymakers is increasingly available outside government,

and the size of outside companies or groups is not a factor. Smaller can be very nimble; the quality of the analysis is key and the intelligence community must increasingly look to match outside services and provide additional value added to remain relevant, affirmed the A/S. 5. (C) Fort turned to issues involving cyberspace and the Comprehensive National Cybersecurity Initiative (CNCI), which will begin with the Five Eyes and then move to NATO countries. Security is part of the issue, but the A/S also stressed the relevance to finance and defense. Even small countries can benefit with a relatively small contribution towards equipment and personnel. Regarding deterrence, he mentioned that there are analogues to nuclear deterrence but the international community is only beginning to think about cyber threats in similar fashion. Wevers noted that the GNZ is seized with the issue of cybersecurity, and f is working with the PM’s Department to protect the public sector computer system and analyze the range of risks. 6. (C) In discussing the Pacific and Chinese activities in the region, Wevers said that China has recognized that their competition with Taiwan is not helpful, but their foreign affairs officials are not always aware of what others in the Chinese government are doing in the region. Venezuela and Cuba are now coming into the Pacific, and Wevers likened their interest to that of the Russians in the past. A/S Fort mentioned that the backtracking of democracy in the broader Pacific region (Fiji, Thailand, Philippines, Malaysia) was a Washington concern. The region is more fragile today than 10 years ago, he opined, and urged a coordinated approach by the stronger and healthier democracies. Wevers offered that APEC remains an important regional mechanism and the East Asia Summit, which includes India, is another good venue for raising issues. Wevers added that China is only now realizing the very significant law and order problem

within China, as people are making money illicitly without any sense of the rule of law. The metamphetamine problem in the region can be traced to China, continued Wevers, and the precursor chemicals are coming into New Zealand and other countries in large containers that are difficult to stop. Meeting with MFAT Deputy Secretary Caroline Forsyth ——————————————— —— 7. (S/NF) DepSec Forsyth welcomed A/S Fort’s visit, stating that the GNZ values its contacts with the Washington intelligence community. The twice-weekly CIA-Commonwealth briefings are very useful, but the Five Eyes provides greater depth. She added that intelligence reports go to the PM’s office, who “”absorbs”” the paper. A/S Fort explained that the State INR Bureau is relatively small, and therefore focuses on core issues. Currently, Washington policymakers are focused on the longer term implications of the recent Russia/Georgia conflict and what is holds for Russia’s future and adherence to international norms. With North Korea, the Six Party Talks are the central issue, but also Kim Jong Il’s health and possible successor. Afghanistan’s trend lines are worrisome, he added, particularly due to the link with the Federally Administered Tribal Areas (FATA) in Pakistan. Pakistan’s transition to civilian leadership is being watched closely in Washington, noted the A/S. He and Forsyth discussed Iranian nuclear pretensions and possible Israeli reaction. A/S Fort offered that Israel is likely to strike if the government of Israel believes Iran has met their red lines; an Israeli strike against Iran would be more complex than those launched against Iraq and Syria, he said. A/S Fort added that the US-India nuclear deal was an historic diplomatic achievement for the Secretary. Responding to Forsyth’s question, Fort downplayed Venezuela as a threat to USG interests and characterized Chavez as more of an annoyance with limited political influence within the region. 8. (S) Forsyth praised the US-New Zealand bilateral

relationship, noting that the highlight of the year had been the Secretary’s visit to New Zealand and onward travel to Samoa, which had provided a window into the challenges facing the Pacific, particularly to the micro-states of the region. New Zealand views the situation in Fiji as “”acute,”” and appreciates USG support for the Pacific Island Forum (PIF) position on Fiji. A/S Fort commented that GNZ sigint had been critical to USG understanding of the 2006 coup. Forsyth offered that New Zealand sees an arc of instability in Melanesia, as there is a great deal of money but little to no capacity to use it wisely. The Solomon Islands are under control at the moment but there are still significant problems in terms of governance and corruption. The GNZ is weighing the necessary structural changes needed to make a long-lasting improvement in the SI society so that RAMSI security forces might depart. Vanuatu is coping for the moment, she added, and New Zealand is putting significant assistance towards agricultural projects there. 9. (S/NF) Moving to North Korea, Forsyth asked if the stalled progress on the Six Party Talks was linked to a DPRK assessment that the U.S. election aftermath might offer a better deal. A/S Fort replied in the negative, noting that foreign policy continuity is the norm. Oscillation is part of the DPRK strategy, he added, and the current situation is complicated by Kim Jong Il’s health issues and the succession process. Kim Jong Il played off the former Soviet Union and China to his benefit and may be trying to use the U.S. in the same way as the Soviets. China’s role has been constructive, continued Fort, largely because Beijing does not want to see a nuclear Korean peninsula and the ramifications of a northeast Asian arms race. The A/S mentioned that North Korea faces a food crisis despite World Food Program assistance. Forsyth said that the New Zealand high commissioner in Seoul would be going soon to North Korea for a periodic visit. 10. (S/NF) The MFAT

Deputy Secretary asked for A/S Fort’s assessment of Afghanistan and Pakistan. New Zealand has troops stationed in Bamiyan province and the GNZ is concerned over the malevolent influence from the tribal areas of Pakistan, particularly since the international community has been trying to transform Afghanistan into a state since 2001. Fort responded that Afghanistan will be an enduring challenge for generations requiring cultural changes. The U.S. is determined to be more aggressive in addressing Taliban cross-border operations, and is weighing the political costs with Pakistan. Forsyth and Fort discussed prospects for the Indian government to improve its relations with Islamabad to ease pressure on the Pakistan army to fight insurgents in the FATA. Comment ——- 11. (C) GNZ interlocutors were pleased to have the opportunity to discuss a range of global issues of bilateral concern. All meetings focused on GNZ support for the intelligence sharing partnership and, in particular, the singular role of Prime Minister Clark in ensuring good cooperation. As of this writing, the New Zealand HC based in Seoul has already returned from her trip to the DPRK; we will try to get a readout from MFAT. End Comment. 12. (U) A/S Fort has cleared this message. MCKEAN”,24/10/2008

Politics as the art of hypocrisy revealed (NZ style).

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It is said that politics is the art of hypocrisy and that diplomacy is the art of saying one thing when meaning another. The publication of US diplomatic correspondence between its embassy in Wellington and other US agencies in Washington and abroad (see distribution list below) show that the 5th Labour government was much more closely aligned with the US on security and intelligence matters than it let on in public, and that the push to improve ties with the US crossed the aisle in parliament but was deliberately not made public for domestic electoral purposes.
Rather than read what others have to say about the issue, I figured that it is best to just offer KP readers the opportunity to digest one particularly informative cable for themselves. It is long but well worth the effort reading, and comes courtesy of Selwyn Manning at Scoop, which also has the most in-depth analysis of the subject. Of course, by my publishing it and you reading it we have both apparently broken US laws governing classified information.
I wonder if that means that I will hear the words “cavity search” on my next trip to the US.
07WELLINGTON194
Date: 3/02/2007
98719,3/02/2007 4:55 AM,07WELLINGTON194,Embassy Wellington,SECRET//NOFORN,,VZCZCXRO2665OO RUEHPBDE RUEHWL #0194/01 0610455ZNY SSSSS ZZHO 020455Z MAR 07FM AMEMBASSY WELLINGTONTO RUEHC/SECSTATE WASHDC IMMEDIATE 3972INFO RUEHBY/AMEMBASSY CANBERRA IMMEDIATE 4773RUEHPF/AMEMBASSY PHNOM PENH IMMEDIATE 0043RUEHPB/AMEMBASSY PORT MORESBY IMMEDIATE 0637RUEHSV/AMEMBASSY SUVA IMMEDIATE 0573RHEHAAA/NATIONAL SECURITY COUNCIL WASHDC IMMEDIATERUEAIIA/CIA WASHINGTON DC IMMEDIATERUEKJCS/OSD WASHINGTON DC IMMEDIATERHHMUNA/CDR USPACOM HONOLULU HI IMMEDIATE,”S E C R E T SECTION 01 OF 04 WELLINGTON 000194 SIPDIS SIPDIS NOFORN STATE FOR EAP/FO AND EAP/ANP NSC FOR VICTOR CHA OSD FOR JESSICA POWERS PHNOM PENH FOR POL/MCKEAN E.O. 12958: DECL: 03/01/2017 TAGS: PREL, PGOV, NZ SUBJECT: PM CLARK GOES TO WASHINGTON Classified By: Charge D’Affaires David J. Keegan, for reasons 1.4 (b) and (d) 1. (C) Summary: Prime Minister Clark has announced to New Zealanders that she will use her March 20-21 visit to Washington to discuss key regional and world events with the President and other
Senior Officials. In reality, she has a broader agenda as well: to improve the tone of her dialogue with us and to send a message to the NZ electorate that cooperating with the U.S. is normal and advances New Zealand’s interests. Now in her third term in office, Clark has over the years developed a deeper understanding of the breadth and benefits of the US-New Zealand relationship. She recognizes that sound bites matter, and in response has begun to modulate her public statements to be more positive about the relationship. She also strenuously avoids saying anything critical about U.S. policy. Although a strengthened centrist domestic political opposition may motivate Clark to be more open to us, most of her efforts to improve bilateral cooperation have not been made public, indicating genuine commitment. Over the past year, she has quietly filled a number of key positions with officials who are well disposed towards the United States, and she and her Ministers now treat official meetings with us as opportunities to advance common agendas rather than either public relations coups or something to deny. The PM closely monitors and supports the “”Matrix”” process as well as deeper US-NZ cooperation in intelligence and other issues. She particularly appreciates our cooperation in the Pacific and Antarctica. End Summary. 2. (C) A micromanager, Clark will come to Washington extremely well briefed on the issues. She will likely suggest small but concrete ways to cooperate within the boundaries of the Presidential Directive, such as by regularizing our dialogue on scientific and Pacific Island issues. She will probably announce that New Zealand will extend its military deployments in Afghanistan through September 2009. Clark will not seek any dramatic changes to bilateral policy, which she recognizes would be more than either side’s system could bear. Nor will she make a heavy pitch for an FTA as she did during her 2002 visit, instead leaving that for Trade
Minister Goff’s trip to Washington later this year. 3. (C) We should use this visit to urge continued tangible commitments to the improving bilateral cooperation and NZ’s defense modernization. We should also elicit a greater willingness to publicize our successes where possible. Clark will be setting the pace for improving U.S.-New Zealand relations for the foreseeable future. This visit provides us an opportunity to encourage her to stay the course and to resist negative pressures from those in her party who prefer to keep us at arm’s length. ————————————– MOVING UP THE LEARNING CURVE: WE MATTER ————————————— 4. (C) With over seven years in office, Clark is now the longest serving Labour Prime Minister in New Zealand history. Although she has no clear successor and may run for an unprecedented fourth term, she is clearly already focused on her legacy. Arriving in office well to the left of the political spectrum, Clark began her tenure by stressing New Zealand’s role as a small but principled player favoring multilateral (ideally UN-based) solutions to the world’s problems. Since then, she has witnessed such events as 9/11, cooperation between NZDF and US troops in Afghanistan, and shortcomings of the UN system (such as its inability to react to the 2005 Tsunami). As a result, she has over time focused more on New Zealand’s role in the Pacific region and its relations with Australia and other bilateral allies. 5. (C) Through learning on the job, Clark has clearly developed a more sophisticated understanding of the breadth and importance of the US-New Zealand relationship. Her desire to improve relations with the Administration may be due in part to the influence of Foreign Minister Winston WELLINGTON 00000194 002 OF 004 Peters, but we see evidence that Clark herself wants to improve US-New Zealand ties. Contacts tell us she has especially valued our close cooperation following the coup
in Fiji, and during her recent meetings with PM Howard she praised EAP DAS Davies’ trip to the Solomons. The Ambassador reports that Clark is obviously impressed by our dedication to environmental protection and generous support for New Zealand activities in Antarctica, which she witnessed first hand during this year’s celebrations of USNZ cooperation on the ice. 6. (C/NF) Recognizing that her Government had initially resisted improving the U.S. relationship, Clark has since the 2005 election appointed to key positions a number of officials well disposed towards working with the United States. In addition to Foreign Minister Winston Peters (arguably a marriage of convenience), she has appointed Warren Tucker as Director of the NZ Security Intelligence Service (NZSIS), Bruce Ferguson as Director of the Government Communications Security Bureau (GCSB), Roy Ferguson as NZ Ambassador to Washington; and John McKinnon as Secretary of Defence. Together with Peters and Simon Murdoch, second in command at the Ministry of Foreign Affairs, these officials have improved their agencies’ coordination on U.S. policy and instructed staff to be helpful to us wherever possible. For example, NZSIS had for months resisted housing equipment needed to implement a possible HSPD-6 agreement with the United States. Soon after his arrival, Tucker ordered NZSIS to be the host, paving the way for negotiations. 7. (C) Clark has been more mindful of the public side of our relationship as well. She participated in the Embassy’s 4 July reception even though she never attends national day events. She was also gracious guest at a media-covered reception at the Ambassador’s residence last May in honor of her favorite Kiwi composer. Mindful that her 2003 remarks about the Iraq war have not been forgotten, Clark now slaps down her Cabinet Ministers for similar offenses. When on January 12 Duty Minister Jim Anderton issued a blistering critique of
the President’s plan to send more troops to Iraq, Clark quickly disavowed the comments and removed Anderton from duty within the day. She was roundly criticized in the media for her actions, but did not budge. After confirming her visit to Washington on March 1, a reporter asked what Clark would say if the President asked her views on the war. Clark merely said she doubted that would happen, adding that New Zealand is not in Iraq and it would be “”gratuitous to offer any advice.”” ———————————CLARK REALLY DOES WANT CLOSER TIES ——————————— 8. (C) Some observers claim Clark only wants to mend fences with the United States to wrest center ground from the opposition National Party, which is gaining in the polls. We doubt this is her main motive. For one thing, polling suggests up to half of all Kiwis believe New Zealand does not need a closer relationship with the United States, and the anti-American sentiment in the left side of her own caucus is well known. Although Labour is losing ground in opinion polls, Clark is far from being in such crisis that she needs to change her foreign policy to get votes. New National leader John Key is charming and confident, but has been in Parliament for only five years and his practical agenda remains fuzzy. In contrast, while many Kiwis consider Clark cold and some question her integrity, we have yet to meet any who regard her as anything less than competent. The majority seem proud of the way she has helped forge a new, modern identity for the country: clean, green, multicultural, multilateral, creative, and yes — nuclear free. Nor is there a chance of the type of leadership putsch within Labour that has plagued National in recent years. —————————————– WE BENEFIT FROM STRONGER COOPERATION, TOO —————————————- 9. (C) New Zealand is small, but concrete improvements in WELLINGTON 00000194 003 OF 004 bilateral cooperation over the past year, including
via the “”Matrix”” process initiated in Bangkok last year, have brought tangible, positive gains for U.S. interests. We continue to cooperate closely on events in Fiji and have come to value the views of Kiwi officials regarding events in E.Timor, the Solomon Islands, and Tonga. We are increasing behind-the-scenes dialogue on N.Korea and Iran, both of which have diplomatic relations with New Zealand. The “”Matrix”” process has also been helpful in enabling both sides to stay joined up in response to other events, such as ensuring that the recent fire on board a Japanese whaling vessel in Antarctic waters would not lead to an environmental disaster. 10. (S/NF) Improvements on the defense and intelligence side have also borne fruit. As Minister in Charge of the NZSIS and GCSB, Clark is read into all major operations involving U.S. intelligence. She understands the implications of a post-9/11 world for New Zealand’s security. She also realized after the Fiji coup that New Zealand had become too reliant on Australian intelligence. Clark grasps that NZ must “”give to get”” and that some of our cooperative operations — such as monitoring radicalizing Kiwi jihadists — strengthen her country’s security. But she also has been willing to address targets of marginal benefit to New Zealand that could do her political harm if made public. Over the past year, she has supported increased counterterrorism cooperation with us. 11. (C/NF) While the Presidential Directive still limits our defense relationship, New Zealand’s push since 2004 to modernize its forces have improved our ability to work together in those areas in which we can cooperate. In support of NZ military activities in the Pacific Islands, Timor Leste, Afghanistan, and elsewhere, there have been more high-level U.S. military visits to New Zealand over the past 6 months than in the previous two years. This March alone, there will be visits by two Admirals for maritime security consultations with New Zealand, France, and the UK, as
well as a yearly call by PACAF Commander General Hester. There have been more U.S. military waivers for multilateral exercises including the NZDF as well. Unlike in the past, the PM and her Government have focused on the substance behind these visits and exercises instead of touting them to the press as a sign that NZ’s nuclear ban no longer matters to the United States. New Zealand continues to be an active participant in the Proliferation Security Initiative, has helped explain the importance of this effort to Pacific Island states, and will for the first time host an Operational Experts Group Meeting in Auckland March 2628. ———- Key Issues ———- 12. (C/NF) Regional/Global Security: In her public statements announcing the visit, Clark has said that she hopes to discuss with senior US officials common interests in counter-terrorism/Afghanistan; regional security and good governance in the PICs and E.Timor; and DPRK, Iran and other nonproliferation issues. Although she told a journalist that Iraq is unlikely to come up, MFAT staff tells us that she knows that this is a major issue on the mind of the Administration. They also say she is likely to raise concerns over China’s role in the Asia Pacific region. Clark will likely announce during her visit that New Zealand will extend its deployments to Afghanistan through September 2009, the longest extension since the Afghan war began. She may also propose that both sides agree to regular consultations on Pacific Island issues. We agree this could send a positive public signal about our joint work in the region, although in reality fast moving events make it a certainty that we will continue to communicate in real time as well. We would also have to ensure that the search for agenda items and “”deliverables”” did not overwhelm our constructive dialogue. 13. (S/NF) Intelligence: Although it will be obviously impossible to publicly highlight the exact nature of NZ’s WELLINGTON 00000194 004 OF 004 intelligence cooperation during
Clark’s visit, she undoubtedly would appreciate having it acknowledged behind closed doors. We should also encourage New Zealand to agree to some public recognition of the HSPD-6 MOU that we understand will be signed during the visit. A public signing ceremony the Embassy hosted when we concluded the US-NZ Regional Alert Movement agreement received positive press play here, which indicates that not all intelligence cooperation issues are tabu to Kiwis. 14. (C) Environment and other issues: Since the Antarctic celebrations in January, Clark has become more aware of the close level of cooperation between US and NZ scientists both on and off the ice. She may propose new areas for cooperation in Antarctica and suggest both sides review the US-NZ Science and Technology Agreement to consider possible new joint research efforts. GNZ officials were struck by parallel references to climate change and sustainable energy in both the President’s and PM’s opening statements to their legislature this year, and Clark may raise this as well. She may also propose cooperation on efforts towards sustainable fisheries. Clark will almost certainly acknowledge U.S. leadership in WTO Doha negotiations. 15. (C) The Public message: Clark will deliver three speeches while in the United States. Unlike her speech there in 2002 on New Zealand’s desire for an FTA, Clark’s address in Washington will present a more positive focus on overall US-NZ relations. This reflects both her understanding that an FTA is not possible for now and her desire to speak to the broader relationship. Clark will deliver a second speech in Chicago covering WTO and economic issues (including a soft FTA pitch) and a third in Seattle on innovation in New Zealand. ——- COMMENT ——- 16. (C) PM Clark will continue to set the course for improved USNZ relations. It is clear there will be no change in New Zealand’s anti-nuclear policy in the medium term; even the
new opposition leader John Key has announced that the National Party wants to maintain the ban. National also continues to be vulnerable to accusations of being too close to the United States, which cost it significant support at the 2005 election. If elected in 2008, the Nats will have more political room to work with us if they can build on progress made under this Government towards better US-NZ ties. A re-elected Labour Government will do the same. This visit provides a chance to encourage Clark to set the bar high. We may have setbacks along the way, but the better our mutual understanding of what each side can expect from each other, the less likely that these hiccups will undermine our progress. End Comment. Keegan”,2/03/2007

Embedded journalism, war correspondence and PR farce.

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I was invited to present a paper on embedded journalism to the Pacific Media Centre conference noted below in a previous post. Not being a journalist, if offered me an opportunity to reflect on the evolution of war correspondence in the post-Viet Nam era, especially since I had witnessed some trial runs of the “embed” concept while working in the Pentagon in the 1990s and could therefore speak to the history behind the current practice, as well some of the dilemmas it now poses for the US military.

The nice folk at Media 7 decided that the subject was worth covering in a show, especially since my talk at the conference was paired up with a presentation by independent journalist Jon Stephenson on how the conflict in Afghanistan is being spun for NZ audiences, with particular reference to the use of columnist Garth George as a PR flak for the NZDF.

This week on Media 7 Jon, Garth and I were invited to discuss with host Russell Brown the subjects of embedded journalism and journalistic integrity in war. In the first segment Russell and I briefly discuss the subject of embedded journalism (as much as you can when trying to provide a synopsis of a 6000 word essay–the essay is available via the PMC by writing Andrea or David at the addresses listed as contacts on the poster). In the second segment Jon and Garth offer their very differing opinions about journalistic integrity in the coverage of the NZDF mission in Afghanistan. The difference in their views is eye-opening but let us be clear about who is who: Jon is a bonafide war correspondent who works independently of military protection in some very dangerous conflict zones; Garth is a stay-at-home columnist with a sinecure (that word again!).

On a very different note, the show ends with a nice skewering of romance novel prose done impeccably by Sarah Daniell (starring herself as the heroine/narrator/interviewer). It is quite funny. Look for the Tony Blair quote.

You can find the show here.

Playing us for suckers.

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John Key has announced that changes to the SIS enabling laws that will expand its powers of surveillance of cell phones and computers as well as its use of electronic tracking devices will be pushed through parliament before the Rugby World Cup. He claims it is necessary to do so because “many world leaders” will be visiting during the RWC and appropriate security measures must be in place that require changes to the 41 year old SIS charter. The Privacy Commission advised for a three year review of the pertinent laws but was ignored.

This is the second time that Mr. Key has used the RWC to justify a modification of a security measure, the first being the withdrawal of the NZSAS from Afghanistan in 2011 because they are needed for duty at the RWC. Just as it is ludicrous to believe that NZ’s most elite troops would be used as guards or stand-bys for a sporting event held in Aotearoa, it is also an insult to the NZ public intelligence to claim that the RWC is the reason for the law changes that expand the SIS powers of search and surveillance.

The changes are actually just another continuation of the steady expansion of the NZ security apparatus over the last ten years. It runs in parallel with the proposed Search and Surveillance Bill, which gives wiretapping and eavesdropping authority to a range of local and national agencies that have nothing to do with security. Each year the SIS budget increases, as does its personnel. Police intelligence has also increased in numbers and seen its role expanded. The question is, first, what threats exist now that require such an expansion of the coercive powers of the State?  Are these threats of such a magnitude that basic civil liberties must be curtailed in the purported interest of national security? If so, why are they not publicly identified and enumerated so as to raise public awareness of them? If not, why, in an age of public bureaucracy down-sizing and privatisation, is the repressive apparatus growing, especially in its internal dimension?

Truth be told, all claims about terrorists notwithstanding, from where I sit there appears to be very little in the way of new, imminent and developed threats that constitute a clear and present danger to NZ national security so as to justify the continued expansion of the repressive apparatus at the expense of civil liberties.

We will never hear an answer to the questions I have just posed because John Key says that “it is not in the public interest” for hearings on the proposed changes be open to scrutiny. Instead, submissions on the proposed changes will be open to the public but the hearings on them held in private because–you guessed it–it was “not in the interests of national security” for the hearings to be heard openly. In sum: for John Key, the public logic is that for the sake of a one-off athletic event that is limited to a handful of former rugby-playing Commonwealth countries and some joiners (unlike more universal competitions like the World Cup, the Olympics or Commonwealth Games), the entire fabric of (mostly domestic) intelligence-gathering must be expanded and domestic liberties further curtailed.

One wonders what National’s  private logic is.

What are Mr. Key and his pipe dream team smoking that he can bald-faced say such utter nonsense and expect the NZ to be so gullible as to believe him? Or is the NZ public that stupid that it will believe that these proposed law changes are needed to protect visiting world leaders at the RWC and are so sensitive that their merits cannot be debated openly? Does he think that Kiwis do not care about legislation that curtails their basic rights, or that they believe that it is best to allow the government to just push through tougher ‘anti-crime” laws without public debate?

It could well be the case that the proposed changes are due to the fact that advances in telecommunications have allowed criminal and extremist groups to transfer funds and send instructions more easily and securely in and out of NZ. It could well be that criminal and extremists groups are scheming and plotting in NZ, and the proposed law changes will allow the SIS to better counter them. But that should be publicly explained and justified, not considered privately within the confines of the Parliamentary Security and Intelligence Committee, which is comprised of a grand total of 5 people and in which the government has the majority.

The bottom line is that the proposed legislation has nothing to do with the RWC and all to do with an ongoing expansion of the State’s powers of coercion at a time when its ideological apparatuses are increasingly failing to reproduce mass consent to the elite’s preferred ideological project. Having supported the equation of dissent with terrorism while in Opposition during the 5th Labour government, National is keen to ramrod more encroachments on basic rights in pursuit of the challenged elite project. Having eroded the right to organise and collectively defend worker’s interests while opening up the country to a variety of investors, yet having its hopes for asset sales to foreigners  and de-regulated mining on public lands thwarted by public resistance, National has turned to the old canard of “security” to dupe the public into giving up more rights to the State.

Raising the spectre of security threats provides a convenient cloak for the assertion of State powers of control and punishment on all those who challenge it, criminal or benign. That is why Mr. Key wants hearings on the proposed changes to be held behind closed doors, because if they were made public then open challenges can be made to the justifications for an expansion of SIS powers as well as the underlying reasons for them.

Mr. Key and his minions must be resisted as the closet authoritarians that they are.  In democracy. law changes need to receive a full and open airing, it is changes to security and intelligence laws that threaten the fundamental rights that lie at the heart of democratic society. The proposed changes are one such instance, which makes it too important a matter to be left to the privacy of the Parliamentary Security and Intelligence Committee in the run-up to the RWC. Mr Key cannot have it both ways: either he believes in democratic accountability when it it comes to national security matters and its impact on fundamental rights and restrictions on them, or he believes in elite perogative, to include the issue of balancing of security and rights.

The only way to find out is to force him to choose, and for that to happen requires an Opposition that understands–surprise, surprise– that political advantage can often be gained by standing on principle. One can only hope that is now is such a moment of realisation for Labour, even if it means turning on the monster that it created nearly ten years ago.

Small feels Large, but only to the Small.

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From the rhetoric and doe-eyed looks emanating from the PM and Foreign Minister during the signing of the so-called “Wellington Declaration,” one would have thought that NZ had just been awarded most favoured nation status by the US and assumed a place akin to that of France or Germany in US foreign policy. This belief seems to have gone to the head of the PM, who has taken to lecturing larger states such as Japan on NZ expectations when it comes to trading agreements. The truth is a bit different.

The “strategic partnership” announced by Secretary of State Hillary Clinton confirms what has been apparent to the international security community since 2001: NZ quietly dropped its concerns about engaging in military-to-military relations with the US in exchange for the US routinely granting executive permission for these to occur. NZ military deployments in Afghanistan and Iraq (the latter reportedly involving more than just the one year rotation of combat engineers in Basra, something that the NZ government refuses to acknowledge), as well as NZ commitment of intelligence assets to both tactical and strategic intelligence gathering at home and abroad (such as the deployment of GCSB and SIS personnel to Afghanistan) all occurred without fanfare and in spite of the formal ban of military exchanges and exercises in effect since the dissolution of the ANZUS alliance. Not having US Navy surface ship port visits in NZ does not deter US submarines from entering NZ territorial waters with or without NZ government connivance, and any look at video of NZDF troops in action in foreign locales clearly shows that they work in close proximity to US troops and preferentially use US equipment during the conduct of their combat operations.

The Wellington Declaration just makes public this discreet relationship, which even as it deepens and becomes standardised over the long-term will not require signing of a formal alliance treaty. The latter is seen as an encumbrance for domestic political reasons on both sides (since both the US Congress and NZ Parliament would see opposition to the signing of a bilateral security treaty), so much as in the way the US conducts its foreign wars (which is to not seek Congressional ratification of a declaration of war for fear of opposition, but instead to use Executive authority as commander-in-chief to declare a state of national security emergency requiring military combat deployments abroad that presents Congress with a fait accompli), the Wellington Declaration circumvents legislative scrutiny at the same time that it reaffirms the obvious close security ties that exist between the two states.

What changed most clearly is that while Labour prefers to soft peddle the relationship due to its internal factional dynamics, National has always had issues with the “independent and autonomous” foreign policy stance that has characterised NZ diplomatic relations since the early 1990s. Although it cannot reverse the anti-nuclear policy due to domestic political factors, National has always worked to reaffirm its “traditional” security ties, to the point that it supported NZ joining the US-led “coalition of the willing” that invaded and occupied Iraq without UN authorisation. With the Wellington Declaration it has gotten its wish.

But sometimes getting what one wishes for brings with it unanticipated trouble. By formally committing to a strategic partnership with the US, overlapped on National’s commitment to engaging closer military ties with Australia, NZ has in effect become a posse member for the global sheriff and its Antipodean deputy. The closer the level of military engagement between NZ and its larger military partners (quaintly called “interoperability” in the jargon), the more dependent it becomes on them for strategic guidance, material support, operational readiness and deployed force security. This makes it more likely, in spite of National’s assurances that NZ always retains the option to refuse a request, that NZ will wind up becoming involved in conflicts not of its choice but that of its strategic partners. That in turn raises the specter of NZ developing, by way of military coat-tailing, hostile relations with countries and cultures with which it historically has had no quarrel, which will spell the end of its “independent and autonomous” diplomatic posture.

What Mr. Key and his company of advisors appear to not understand is that the US rapprochement with NZ is due to two basic strategic factors, one general and one specific, that have little to do with interest in NZ per se. The first general reason is that, after a delay in responding due to the obsession with counter-terrorism in the Middle East and Central Asia, the US has moved to counter Chinese advances in the Western Pacific basin, which it sees as the next big strategic conflict zone. Not only is it in the process of moving the bulk of its military assets into the Pacific, in a reversal of the century-old Atlantic and Euro-centric orientation that characterised its strategic outlook until recently. It has also reaffirmed its bilateral security ties to all of its Asian partners as well as India. This includes Japan, South Korea, Taiwan, Thailand, the Philippines, Singapore, Malaysia, Indonesia, Australia, NZ and even Viet Nam. This defensive arc covers countries deeply concerned about Chinese neo-imperialist ambitions, many of whom have diplomatic or territorial disputes with the Chinese, and along with its soft power projection in the Pacific Island Forum countries (including Fiji, where the US has just announced the resumption of US AID development work), the US is moving to counter Chinese influence in SE Asia and beyond (most often gained via so-called “chequebook diplomacy” whereby China promotes infrastructure development projects with no apparent strings attached but which all have potentially dual civilian and military applications). The Wellington Declaration just adds NZ to the roster of US security partners that constitute a collective hedge against the looming Chinese presence, which is particularly noteworthy because of NZ’s increased dependency on Chinese investment and trade for its economic fortunes.

With the Wellington Declaration Chinese influence and ambitions in NZ are potentially fence-ringed. That may have been National’s undeclared intent, and if so that is the hypothetical NZ gain from the deal. But all of that remains to be seen  (if nothing else because it would contravene National’s public assurances that it welcomes the Chinese investment and cultural presence on NZ shores–cue revelations about Pansy Wong and her long obviously dodgy failed businessman-husband, who just might have caught US negative interest given the Chinese penchant for placing intelligent assets in their diaspora).

The second, specific strategic purpose that the Wellington Declaration serves is US nuclear counter-proliferation efforts. Unlike its predecessor, the Obama administration has a basic, and apparently sincere interest in reducing nuclear weapons stockpiles and preventing the proliferation of nuclear weapons beyond those that currently possess them. Having a small “neutral” non-nuclear state as a partner in such efforts provides a convenient and effective cover (some might say fig leaf), particularly with regards to “rogue” states such as North Korea and Iran. NZ has already participated in the Six Party negotiations on the North Korean nuclear programme, helping to gain a delay in Pyongyang’s efforts to achieve full weapons capability. In Iran’s case, NZ’s strong economic ties to the mullah’s regime is seen as providing a source of indirect diplomatic access and backdoor entry into the Iranian mindset with regards to nukes (via diplomatic and intelligence service information sharing). In other words, working with and through NZ on matters of nuclear proliferation, the US gains diplomatic cover for its own self-interested reasons to oppose the spread of the universally recognised deterrent.

What NZ does not get out of this strategic partnership, and which the National government continues to wax deluded about, is improved negotiating status with the US with regard to bilateral trade. The US is content to allow the Trans-Pacific Partnership negotiations to take their course with respect to trade with NZ and other small Pacific partners, and domestic political considerations accentuated by the recent midterm elections make it nigh impossible for NZ’s leading export sector, dairy, to make inroads into the subsidised US market. Truth be told, for the US there is no “issue-linkage” between security and trade when it comes to NZ even if its rhetoric continues to hold out the promise of such being the case sometime in the future. Yet the current (and to be fair, the past) NZ government continues to insist that, “difficulties” notwithstanding, bilateral trade with the US in forthcoming if not imminent because of NZ efforts across a range of issues of mutual interest without qualification or constraint.

This is where Mr. Key and Mr. McCully fail the foreign policy leadership test. Given the US strategic interests at play, and its absolute need to secure partnership agreements that catered to these interests given the evolving world balance of power, NZ was in a position to bargain hard and leverage its credentials (mostly Labour-made) as an honest broker and reliable international interlocutor into some form of tangible, immediate benefit in exchange for accepting the role of US strategic partner. That did not happen. Instead, what NZ got was platitudes, promises and bilateral yearly meetings between foreign policy counterparts, something that is par for the course for any number of nations, in what essentially amounted to a stop-over on Secretary Clinton’s trip to more important meetings with the US proxy that is Australia. As a result of that brief rendezvous,  NZ is now saddled with the burden of being internationally perceived to be (if not in fact)  more closely tied to the US without the full benefits of being so. It is a junior partner of the US in security only, and that is bound to be noticed by the international community.

In effect, NZ is just a small cog in a larger US strategic plan that is influenced by factors that have nothing to do with NZ interests and all to do with how the US sees and proposes to shape the strategic environment currently evolving in the Western Pacific and with regard to nuclear proliferation. National believes that it has made NZ a “player” by signing a strategic partnership agreement with the US, but the truth is that it has committed the country to a relationship that has always been one sided and which just got more so. To put it bluntly: the Tories may feel big as a result of the “Wellington Declaration” but they still are small and myopic when it comes to perceiving, much less comprehending the bigger picture, to say nothing of  the realities at stake down the road.

PS: The farce only gets better. NZ announced that it is in FTA negotiations with authoritarian, crime mob-dominated klepto-oligarchic Russia even though it admits that Foreign Affairs and Trade have very limited Russian language comprehension skills and the deal will involve Tajikistan and Uzbekistan (Russia negotiating for them, presumably), two states that NZ has admitted to having”limited” knowledge about (to include comprehension of Tajik or Uzbek dialects). In other words, National has staked its claim to being at the forefront of free trade agreements without understanding the business and political culture, much less language or human rights conditions, of potential partners just after it committed to a long-term security partnership with a country that has a troublesome relationship with all three.  This is amateurism taken to art-level heights.

Headed home, looking to contribute.

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Tomorrow evening I fly back to Auckland for the beginning of a phased return to NZ. I have some pending obligations and personal commitments in SE Asia so  after two months in NZ will be doing a long distance commute between NZ and SG until the middle of next year. But I have made the decision that it is time to permanently return to NZ and find a way to contribute in a non-academic capacity. To that end I am registering a NZ-based political risk, market intelligence and strategic analysis consultancy under the name Buchanan Strategic Advisors, Ltd.  As far as I can tell it is the first of its kind in NZ: a consultancy solely dedicated to international and comparative industry and market analysis, political context assessment and security threat evaluation. I will also focus on labour market characteristics, industry-political relations, futures forecasting (both strategic and sector-specific) and ethical and sustainable investment. The firm will have a public outreach component that will provide expert commentary to general and professional audiences as well as the media on matters of contemporary international import. As readers may know, I have long been concerned about the lack of strategic vision, both in its long-term and in-depth dimensions, exhibited by NZ public and private entities when it comes to foreign affairs. This is my way of helping to fill that analytic and policy gap.

It may seem counter-intuitive but I believe that basing the firm in NZ enhances its “brand” because of NZ’s reputation and image as a fair, transparent, honest and autonomous country, We may know that in fact NZ does not quite live up to its image in many respects, but having lived in nine countries I believe that it comes the closest to doing so. Since we operate in an age of telecommunications and rapid transport, I do not see NZ’s size and location as a major disadvantage to providing the intellectual value added services embodied in the firm. To the contrary, I see the firm as an ideal interface between NZ and foreign partners, complementing and reinforcing existing diplomatic and business networks.

I have been fortunate to have a number of Kiwis encourage me in this venture and have some leads on business opportunities. The real test is to see if public and private entities in NZ will pay for such services. I believe that it fills a niche for actors that do not have in-house expertise on specific subjects or whom do not wish to pay the full costs of maintaining a full-time, in-house political risk capability. But I also have offered this type of service for free to several NZ entities, only to have them baulk at continuing receiving my analysis and opinion on a fee-paying basis (this includes some specialised security agencies that clearly lack in-house capabilities in the areas that I am competent to discuss). Thus the real make-or-break issue is whether private firms and public agencies are willing to pay for this type of specialised advice. The next year or so will tell.

In any event, I am thrilled to be heading back home. I get to reclaim my house in the Waitakeres and breathe clean air (the Indonesian smoke haze in SG at the moment is at dangerous levels), feel the nighttime silence of the bush, and reacquaint myself with friends. That will make the pressures of setting up the firm all the more bearable. It may be a challenge after so many years of doing full-time academic work and part-time consulting, but if there is an ideal place in which to undertake a new venture like this, Aotearoa is my choice.

A press release on the establishment of the firm can be found here.

Drawing Blood from a Stone.

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The government’s decision to file a civil suit against the “Waihopai 3” is vindictive and a gross waste of taxpayer dollars. Much like the Zaoui case, which could have been concluded years before it actually did at far less cost than the amount on the final bill, this is a classic example of a vexatious state litigation. Vexatious state litigation, to coin a phrase, is an instance when the state (exemplified here by the Crown) continues prosecutions, appeals or defenses long after legal defeat is obvious and, as in the case here, judicially administered. Even so, there are a few aspects of the case worth reviewing.

As I mentioned in an earlier post titled “Political Idealism Trumps the Law,” the Waihopai 3 expertly exploited the claim of right defense to defend their direct action against the eavesdropping station. Contrary to most direct action proponents, they did not admit their crimes and accept their due punishment, but instead used the claim of right defense to argue their innocence based on moral grounds. Among other things that defense states that even if mistaken in their motives, people who honestly believe that their acts will prevent a greater harm are exonerated of responsibility for the consequences of those acts. Thus, although I (and presumably the government) believe that they are mistaken in claiming that the Echelon station at Waihopai facilitates torture, war crimes, crimes against humanity and human rights violations, the important point is that Peter Murnane, Adrian Leason and Sam Land were found by a jury of their peers to be innocent because they sincerely believed that their actions were helping to prevent a greater harm. So long as the claim of right defense exists in the law and juries are willing to accept that defense as legitimate, then the verdict should stand and, in the absence of irregularities in the administration of the case, no appeals or civil lawsuits filed. In other words, that should be the end of the story.

If the government does not like the claim of right clause in the law, it can work to change it. But suing for civil damages to the tune of 1.2 million dollars, including the cost of pies, beer and savories for repair workers, smacks of imperial hubris. Moreover, the claim is unrecoverable even if the Crown were to win the lawsuit. Father Peter has no tangible assets, and since neither the Dominican Order or the Catholic Church were party to his actions, they cannot be made parties to the suit. As for Land and Leason, what is the Crown going to do–confiscate Land’s organic farm and repossess Leason’s house while garnishing his salary, thereby throwing their families onto the street (and dole)? Even if it did so, the amount recovered from the sale of the assets of all three men would not come close to paying the full bill. So what is the point if the full costs are not anywhere close to recoverable?

The Crown also has not thought through the consequences of its lawsuit. The GCSB refused to front up at the original trial in order to refute the defendant’s allegations. That pretty much left their claims uncontested, which was instrumental in the jury’s verdict. Is the GCSB now going to show up at a civil trial and be prepared to re-litigate the original claims under the claim of right defense? If not, then there is no case for damages because a verdict of innocence under the right of defense absolves defendants of financial liability stemming from their acts. To put it bluntly: a verdict of innocence under the claim of right defense means full absolution from liability. That is why the right of defense is such a dramatic line to take and so difficult to argue successfully, which is why most direct action militants do not even bother with it and opt to plead guilty and ask for judicial mercy citing mitigating factors. But in this case the right of defense was made and it prevailed. Unless the GCSB wants to testify as to the merits of the claim of right defense as well as to the extent of the damages incurred (which I believe have been exaggerated) then there is no case to be made. If there is no case to be made, the pursuing the lawsuit is a waste of time and public money.

If the government allows this civil suit to continue it will be another example of politicians and state bureaucrats playing loose with taxpayer money in order to prove a vengeful point regardless of the merits of the case. The suit is clearly designed to be a warning to others who would dare to use the claim of right defense for direct actions, and therefore not only a form of vexatious state litigation but also an act of official intimidation against those who would dare speak (their) truth to power. For a supposed liberal democracy, that is a bad look.

Blog Link: New Zealand’s Coming Melian Dilemma.

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There appears to be a lack of strategic foresight in the conduct of New Zealand’s foreign policy, which appears to me to be short-term, segmented and opportunistic in approach. I explain one possible consequence in this month’s Word from Afar column in Scoop.