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Guest Post by Selwyn Manning – Editor of EveningReport.nz.

KP Note: The issue of what the NZSAS did or did not do in Operation Burnham, a 2010 raid in Afghanistan that became the subject of the controversial book Hit and Run by Nicky Hager and Jon Stephenson, must not be buried and forgotten by the next news cycle. The issues at stake go to the core of democratic civil-military relations: issues of accountability, transparency and civilian oversight of the armed forces. In the following guest post veteran journalist Selwyn Manning (formerly of Scoop and among other things co-founder of 36th Parallel Assessments) dissects the NZDF response to the allegations in the book and takes a close look at some important discrepancies in the official version of events. Readers are encouraged to carefully consider what he has uncovered.

There’s an overlooked aspect of the New Zealand Defence Force’s account of Operation Burnham that when scrutinised suggests a possible breach of international humanitarian law and laws relating to war and armed conflict occurred on August 22, 2010 in the Tirgiran Valley, Baghlan province, Afghanistan.

For the purpose of this analysis we examine the statements and claims of the Chief of New Zealand Defence Force (NZDF), Lieutenant General Tim Keating, made before journalists during his press conference on Monday March 27, 2017. We also understand, that the claims put by the Lt. General form the basis of a briefing by NZDF’s top ranking officer to the Prime Minister of New Zealand, Bill English.

It appears the official account , if true, underscores a probable breach of legal obligations – not necessarily placing culpability solely on the New Zealand Special Air Service (NZSAS) commandoes on the ground, but rather on the officers who commanded their actions, ordered their movements, their tasks and priorities prior to, during, and after Operation Burnham.

*******

According to New Zealand Defence Force’s official statements Operation Burnham ‘aimed to detain Taliban insurgent leaders who were threatening the security and stability of Bamyan Province and to disrupt their operational network’. (ref. NZDF rebuttal)

We are to understand Operation Burnham’s objective was to identify, capture, or kill (should this be justified under NZDF rules of engagement), those insurgents who were named on a Joint Prioritized Effects List (JPEL) that NZDF intelligence suggested were responsible for the death of NZDF soldier Lieutenant Tim O’Donnell.

Lieutenant General Tim Keating, Chief of New Zealand Defence Force.

When delivering NZDF’s official account of Operation Burnham before media, Lieutenant General Tim Keating said:

    “After the attack on the New Zealand Provincial Reconstruction Team (NZPRT), which killed Lieutenant Tim O’Donnell, the NZPRT operating in Bamyan Province did everything it could to reduce the target profile of our people operating up the Shakera Valley and into the north-east of Bamyan Province.

“We adjusted our routine, reduced movements to an absolute minimum, maximised night driving, and minimised time on site in threat areas.

“The one thing the PRT [NZPRT] couldn’t do was to have an effect on the individuals that attacked Lieutenant O’Donnell’s patrol. For the first time, the insurgents had a major success — and they were well positioned to do so again.”

For the purpose of a counter-strike, intelligence was sought and Lt. General Keating said: “We knew in a matter of days from local and International Security Assistance Force (ISAF) intelligence who had attacked our patrol [where and when Lt. O’Donnell was killed].”

The intelligence specified the villages where the alleged insurgents were suspected of coming from and Lt. General Keating said: “This group had previously attacked Afghan Security Forces and elements of the German and Hungarian PRTs.”

The New Zealand Government authorised permission for the Kabul-based NZSAS troops to be used in Operation Burnham.

“What followed was 14 days of reliable and corroborated intelligence collection that provided confirmation and justification for subsequent actions. Based on the intelligence, deliberate and detailed planning was conducted,” Lt. General Keating said.

Revenge, Keating said, was never a motivation. Rather, according to him, the concern was for the security of New Zealand’s reconstruction and security efforts in Bamyan province.

As stated above, Operation Burnham’s primary objective was to identify, capture or kill Taliban insurgent leaders named in the intelligence data.

We know, from the New Zealand Defence Force’s own account, Operation Burnham failed to achieve that goal.

Read the rest of this entry »

Foxes in the hen house.

datePosted on 12:44, January 31st, 2017 by Pablo

Here is a thought. Among all the wretched news coming out of the US this past week, two somewhat lesser items struck me. One was that Trump’s son-in-law was granted a high level security clearance, and the other was that former Brietbart boss, white supremacist and pro-Russian provocateur Steve Bannon has been given a Principal’s seat on the National Security Council, displacing both the Director of National Intelligence and the Chairman of the Joint Chefs of Staff (who now attend on an “as needed” basis).

During the time I spent in the US security apparatus I held several levels of clearance, working my way up to the fairly high Top Secret/Secret Compartmentalized Information (TS/SCI) level. The scrutiny I received in order to get that clearance was pretty intrusive and lengthy: polygraph and drug tests, background checks run by the DIA that included interviews with college friends, my former wife, work colleagues at various places and even neighbours, and an FBI background check. The process took about 10-12 months.

Bannon and Jared Kushner will be privy to sensitive information well above my ultimate pay category, and yet the latter was granted a clearance in a month and the former, for all we know, has yet to receive one. I know that elected political officials do not have to undergo the sort of background checks that I did (something that is always troublesome when congressional testimony is given behind closed doors to congresspeople who are known to have serious skeletons in their closets that make them liable to blackmail). But political appointees as well as career civil servants and military personnel must have those checks done before assuming the jobs in which they handle highly sensitive information. Mistakes have recently been made in security vetting due to outsourcing (Edward Snowden) and people can grow disenchanted and violate their oaths (Chelsea Manning), but for the most part the security vetting process allows the government some degree of confidence that the person being scrutinised cannot be blackmailed, is not financially vulnerable, is not addicted, criminally violent, mentally ill, etc.

So my questions are these: Has Steve Bannon undergone any security vetting, particularly given his background and links? Why did Mr. Kushner receive an expedited clearance rather than a thorough one? There are other individuals in the Trump White House who also have access to this type of information without full security vetting (including a Brietbart editor), but for the moment I wonder about those two fellows.

This is more than a matter of personal curiosity. Given Trump’s attacks on the military and intelligence leadership and the ongoing questions about his relationship with Russia in the wake of official claims that Russia sought to influence the US presidential election in his favour, these sort of moves could set the stage for a constitutional crisis in civil-military/intelligence relations. After all, if Bannon is talking to the Russians and Kushner is pillow whispering to Ivanka about policy matters that impact on the family businesses, why would the intelligence community and military brass feel comfortable with them receiving full classified briefs on such matters? Would it not be advisable for the security community to withhold highly sensitive information from them and direct that information to others such as NSC advisor Gen (ret.) Mike Flynn (also of some very suspect ties) on an “Eyes Only” basis? Or should they just give full briefs and let the chips fall where they may?

Neither option is a good choice, but one has potentially catastrophic consequences while the other undermines the foundations of elected civilian supremacy over the military and intelligence communities.

 

There are lessons here for New Zealand. The NZSIS is responsible for security vetting of people who will handle sensitive classified information, but its record is mixed in this regard. In 2010 it was revealed that Stephen Wilce, the head of the Defence Technology Agency (DTA), the scientific arm of the NZDF, was a serial fraudster and liar who among other things claimed to have been a member of the 1988 UK bobsled team and a former Royal marine who had worked for MI5 and MI6 in the UK and who had invented the guidance system for the Polaris (submarine launched and nuclear tipped) missile (you can find the NZDF Court of Inquiry Report on Mr Wilke here).

Mr. Wilce was recruited by Momentum Consulting (which was paid $25,000 for the job), a firm that included among its directors and executives National Party stalwarts Jenny Shipley and Michelle Boag. Momentum was supposed to have confirmed Mr. Wilce’s bonafides and the NZSIS was supposed to do his security vetting before granting him a high level clearance, but none of that happened. It was not until Mr. Wilce had been in the DTA job for five years that a whistleblower outed him.

In recent years the SIS has reported that security vetting takes up more and more of its time and resources, to the detriment of its domestic intelligence, foreign intelligence and counter-espionage activities. Delays in obtaining clearances are commonplace and pressures to expedite them are strong. That was exactly the situation that led to Edward Snowden being granted a high level security clearance. As it turns out, the firm that was contracted to do his security vetting by the NSA simply rubber stamped the clearance authorisation because it was swamped with such work.

Employees of New Zealand’s intelligence community and military personnel certainly undergo serious security vetting before they can be trusted to handle classified information. Perhaps, like the US, elected officials are exempt from the requirement, but what about parliamentary staffers and those employed in the DPMC? Given the revelations in the Dirty Politics book, can we be assured that the likes of Jason Ede and Phil de Joux (or even Roy Ferguson and Sir Maarten Wevers) have been vetted properly? Is everyone who is privy to classified material treated the same as military and intelligence personnel and subjected to a thorough security vetting process? Is outsourcing recruitment of people to sensitive positions still the norm? If so, is that outsourcing going to politically connected firms or is there now in place some objective standard of applicant vetting rigour that needs to be met?

I ask these questions because if anything, New Zealand appears to have a much looser government administrative system that does the US. Shoulder-tapping, “who-you-knows,” nepotism, cronyism, old boy networking–perhaps it is a small country thing but it seems to me that such practices occur fairly frequently when it comes to high level civil service positions (to say nothing of the private sector). If that is so, then it is fair to ask if these practices override the good sense need for security vetting of those involved with intelligence and military matters.

I stand to be corrected if wrong in this appraisal, but the issue still remains as to who with access to sensitive intelligence and security information outside of NZ intelligence and military officers undergo the type of security vetting that I underwent back in the US and which Messrs. Bannon and Kushner managed to avoid.

Put another way and stripped of the US baggage: are there Bannons and Kushner facsimiles in our midst?

Confronting academic Taylorists.

datePosted on 08:03, September 27th, 2016 by Pablo

Although the corporate media has not covered it, choosing instead to focus on the university’s fund-raising efforts, the academic and professional staff at the University of Auckland held a one hour strike last week to protest the lack of progress on negotiations for a fair living wage for all staff, especially for those at the lower end of the wage scale. Among other union proposals was the payment of a flat $2.500 increase to everyone covered by the collective contract in lieu of a cost of living increment. In conjunction with a rise in the minimum wage for lower-salaried workers, this would have the greatest positive effect on those struggling to keep afloat in the Auckland market.

University management refuses to negotiate until the budget is decided next month or in November. This runs contrary to traditional practice where pay for academic and professional staff is negotiated prior to the budget being fixed. It follows on more than a decade of erosion of collective benefits for university personnel and the slow but seemingly inexorable weakening of the Tertiary Education Union (TEU) as a bargaining agent at the University of Auckland.

The one hour lunchtime strike was well attended, although not massive in size. Shortly after 12:45 the director of Human Resources, a despicable cur if there ever was one, sent out a group email to TEU members advising them that their pay would be docked for the one hour they were on strike. He went on to request confirmation from the recipient that s/he was indeed on strike so that their pay could be deducted.

There followed a blizzard of emails in response. I am on the TEU mailing list so I got to read them all. Other than one person, all were critical of the university’s approach to employment relations. What stood out were the dozens of stories about countless overtime hours worked with no pay (the academic standard contract is for 37.5 hours per week), the abysmal lack of morale and trust in management amongst staff, and the psychological, emotional and physical toll the stress of working at the UA was taking on its staff. The stories were sad and many gut-wrenching.

These stories came from professors, lecturers, IT specialists, counsellors, librarians, tutors, administrative support staff–you name it, they had something to say. Some people asked how the deduction would work since they were not on an hourly wage. Others pointed out that they were on  leave but would gladly see their pay deducted in solidarity with those who attended the strike.  Many pointed out that they were at their offices during lunch hour working out of loyalty to students and colleagues but would gladly have their pay docked in solidarity with the strikers. Some suggested that the deducted pay should go to charity, at least until it was pointed out to them that the university is a registered  charity and the “donations” could well go into the VC’s pocket or as bonuses to his management team members (the VC is the highest paid public servant in NZ and the senior management team all make in excess of NZ$150K/year).

What became clear from the responses is that behind the facade of the University of Auckland being a “world class” university there is a deeply dishonest and unethical management that is seeking to destroy the TEU Auckland branch and thereby further subjugate its staff to its academic Taylorist precepts. I have written about this before, so no need here to reiterate what it entails. The bottom line is that the University is being hollowed out at its core, in a workplace where academics and academic support staff are reduced to time card punching and asking permission to use the loo while the ranks of middle and upper management bean counters proliferate like rats.

I have been critical of the TEU in the past for valuing wage increases over workplace control (including in the classroom, where there is increasing interference by middle level managers with no teaching experience). I always through that it was a bad idea to trade off regular wage increases for workplace control, which extends to promotion and research leave policy. But what is done is done and now the university management is in the final stages of its assault on the union.

The time to make a stand is now. Having read the emailed responses I decided to write a letter of support to the Auckland TEU and its members. This is what I wrote:

“Dear All,

As a former TEU member and academic staff member at the University of Auckland, I want to add my support to your efforts to restore the university to its former position as a fair and equitable workplace. Unfortunately, having dealt with Mr. Phipps as well as other management lackeys at close range, I believe that yours will be an uphill battle. Their objective is to break the union so that with a few exceptions you will eventually be subject to precarious individual, often part time contracts and thereby will be more easily exploited. The trend is already apparent and the situation is worse for junior staff and those not considered to be “stars.” Given the tight academic labour market and the already low union density amongst professional and academic staff (particularly the latter), it will be difficult to individually resist this project if the TEU is further undermined as a collective bargaining agent.

Mr. McCutcheon was a successful union-buster in his life before being appointed VC. Nothing in his tenure at UA suggests that he has moderated his views on the utility of collective agents, and the tone of Mr. Phipps’s suspension notice is a reflection of that. It should not be forgotten that this management team at UA is not known for its honesty or fairness when it comes to employment relations. “Good faith” is not part of their vocabulary. Many of you will know of the efforts by the SMT to offer financial incentives to senior academics to either quit or not join the union. You will have seen the replacement of departing permanent full time staff with part time hires. Given that there are academics who support or go along with the VC’s approach for self-serving reasons, the struggle to return civility and fairness to employment relations at the UA will be a tough one.

I would not be surprised if the many tales of unpaid hours owed to staff outlined in the barrage of email replies to Mr. Phipps’s suspension notice will be seen by the VC and his minions as a sign that their Taylorist approach to academia is working just fine. They need to be disabused of that notion.

The key to defeating the academic Taylorists is to assiduously defend and increase union membership and to strictly and unwaveringly adhere to any calls for direct action such as labour service withdrawals (be it strikes, slow downs or work-to-rule). The call for a living wage and fair pay for professional (non-academic) staff is a step in the right direction. However, much ground has already been lost in terms of workplace control, academic freedom, promotion and leave, so the time to regain some measure of balance in the employment relationship is rapidly disappearing. The nature and timing of the direct actions to be taken henceforth in defence of the union and its members will be decisive, and must receive unanimous support..

You should not expect favourable media treatment. Today’s editorial in the Herald about the University’s fundraising is indicative of the pro-management bias of the for-profit news outlets. A concerted PR campaign will be required to counter-balance the view, propagated by the SMT, that all is well at the university and that if anything, academics have things easy when compared to other wage earners.The public needs to hear the stories told in your emails to Mr. Phipps.

There comes a time when people can be pushed only so far. Perhaps that time has come for the TEU Auckland branch and its members. Although I no longer belong to the academic community, I understand your struggle and deeply empathise with it. I wish you the best of luck and success in staving off the managerial offensive.

Kia kaha!”

I can only hope that if the union does make a stand, that it not be its final one.

I was invited to speak at a forum in Wellington on the “Privacy Security Dilemma.” It included a variety of people from government, the private sector, academia and public interest groups. The discussion basically revolved around the issue of whether the quest for security in the current era is increasingly infringing on the right to privacy. There were about 150 people present, a mixture of government servants, students, retirees, academics, foreign officials and a few intelligence officers.

There were some interesting points made, including the view that in order to be free we must be secure in our daily lives (Professor Robert Ayson), that Anglo-Saxon notions of personal identity and privacy do not account for the collective nature of identity and privacy amongst Maori (Professor Karen Coutts), that notions of privacy are contextual rather than universal (Professor Miriam Lips), that in the information age we may know more but are no wiser for it (Professor Ayson), that mass intrusions of privacy in targeted minority groups in the name of security leads to alienation, disaffection and resentment in those groups (Anjum Rahman), and that in the contemporary era physical borders are no impediment to nefarious activities carried out by a variety of state and non-state actors (various).

We also heard from Michael Cullen and Chris Finlayson. Cullen chaired the recent Intelligence Review and Finlayson is the current Minister of Security and Intelligence. Cullen summarised the main points of the recommendations in the Review and was kind enough to stay for questions after his panel. Finlayson arrived two hours late, failed to acknowledge any of the speakers other than Privacy Commissioner John Edwards (who gave an encouraging talk), read a standard stump speech from notes, and bolted from the room as soon as as he stopped speaking.

Thomas Beagle gave a strong presentation that was almost Nicky Hageresque in its denouncement of government powers of surveillance and control. His most important point, and one that I found compelling, was that the issue is not about the tradeoff between security and privacy but between security and power. He noted that expanded government security authority was more about wielding power over subjects than about simply infringing on privacy. If I understand him correctly, privacy is a commodity in a larger ethical game.

Note that I say commodity rather than prize. “Prize” is largely construed as a reward, gain, victory or the achievement of some other coveted objective, especially in the face of underhanded, dishonest, unscrupulous and often murderous opposition.  However, here privacy is used as a pawn in a larger struggle between the state and its subjects. Although I disagree with his assessment that corporations do not wield power over clients when they amass data on them, his point that the government can and does wield (often retaliatory) power over people through the (mis) use of data collection is sobering at the very least.

When I agreed to join the forum I was not sure exactly what was expected from me. I decided to go for some food for thought about three basic phrases used in the information gathering business, and how the notion of consent is applied to them.

The first phrase is “bulk collection.” Bulk collection is the wholesale acquisition and storage of data for the purposes of subsequent trawling and mining in pursuit of more specific “nuggets” of actionable information. Although signals intelligence agencies such as the GCSB are known for doing this, many private entities such as social media platforms and internet service providers also do so. Whereas signals intelligence agencies may be looking for terrorists and spies in their use of filters such as PRISM and XKEYSCORE, private entities use data mining algorithms for marketing purposes (hence the targeted advertisements on social media).

“Mass surveillance” is the ongoing and undifferentiated monitoring of collective behaviour for the purposes of identifying, targeting and analysing the behaviour of specific individuals or groups. It is not the same thing as bulk collection, if for no other reason than it has a more immediate, real-time application. Mass surveillance is done by a host of public agencies, be it the Police via CCTV coverage of public spaces, transportation authorities’ coverage of roadways, railroads and airports,  local council coverage of recreational facilities and areas, district health board monitoring of hospitals, etc. It is not only public agencies that engage in mass surveillance. Private retail outlets, shopping centres and malls, carparks, stadiums, entertainment venues, clubs, pubs, firms and gated communities all use mass surveillance. We know why they do so, just as we know why public agencies do so (crime prevention being the most common reason), but the salient fact is that they all do it.

“Targeted spying” is the covert or surreptitious observation and monitoring of targeted individuals and groups in order to identify specific activities and behaviours. It can be physical or electronic (i.e. via direct human observation or video/computer/telephone intercepts). Most of this is done by the Police and government intelligence agencies such as the SIS, and most often it is done under warrant (although the restrictions on warrantless spying have been loosened in the post 9/11 era). Yet, it is not only government security and intelligence agencies that undertake targeted spying. Private investigators, credit card agencies, debt collectors, background checking firms and others all use this as a tool of their trades.

What is evident on the face of things is that all of the information gathering activities mentioned here violate not only the right to privacy but also the presumption of innocence, particularly the first two. Information is gathered on a mass scale regardless of whether people are violating the law or, in the case of targeted spying, on the suspicion that they are.

The way governments have addressed concerns about this basic violation of democratic principles is through the warrant system. But what about wholesale data-gathering by private as well as public entities? Who gives them permission to do so, and how?

That is where informed consent comes in. Informed consent of the electorate is considered to be a hallmark of robust or mature democracies. The voting public are aware of and have institutional channels of expression and decision-making influence when it comes to the laws and regulations that govern their communal relations.

But how is that given? As it turns out, in the private sphere it is given by the phrase “terms and conditions.” Be it when we sign up to a social media platform or internet service, or when we park our cars, or when we enter a mall and engage in some retail therapy, or when we take a cab, ride the bus or board a train, there are public notices governing the terms and conditions of use of these services that include giving up the right to privacy in that particular context. It may be hidden in the fine print of an internet provider service agreement, or on a small sticker in the corner of a mall or shop entry, or on the back of a ticket, but in this day and age the use of a service comes attached with it the forfeiture of at least some degree of privacy. As soon as we tick on a box agreeing to the terms or make use of a given service, we consent to that exchange.

One can rightly argue that many people do not read the terms or conditions of service contracts. But that is the point: just as ignorance is no excuse for violation of the law, ignorance of the terms of service does not mean that consent has not been given. But here again, the question is how can this be informed consent? Well, it is not.

That takes us to the public sphere and issues of governance. The reality is that many people are not informed and do not even think that their consent is required for governments to go about their business. This brings up the issue of “implicit,” “implied” or inferred” consent. In Latin American societies the view is that if you do not say no then you implicitly mean yes. In Anglophone cultures the reverse is true: if you do not explicitly say yes than you mean no. But in contemporary Aotearoa, it seems that the Latin view prevails, as the electorate is often uninformed, disinterested, ignorant of and certainly not explicitly consenting to many government policy initiatives, including those in the security field and with regards to basic civil liberties such as the right to privacy and presumption of innocence.

One can argue that in representative democracy consent is given indirectly via electoral processes whereby politicians are elected to exercise the will of the people. Politicians make the laws that govern us all and the people can challenge them in neutral courts. Consent is given indirectly and is contingent on the courts upholding the legality if not legitimacy of policy decisions.

But is that really informed contingent consent? Do we abdicate any say about discrete policy decisions and legislative changes once we elect a government? Or do we broadly do so at regular intervals, say every three years, and then just forget about having another say until the next election cycle? I would think and hope not. And yet, that appears to be the practice in New Zealand.

Therein lies the rub. When it comes to consenting to intrusions on our privacy be they in the private or public sphere, we are more often doing so in implicit rather than informed fashion. Moreover, we tend to give broad consent to governments of the day rather than offer it on a discrete, case by case, policy by policy, law by law basis. And because we do so, both public authorities and private agencies can collect, store, manipulate and exchange our private information at their discretion rather than ours.

A culture of tax evasion.

datePosted on 11:25, April 15th, 2016 by Pablo

I do not understand what the fuss is all about when it comes to John Key and the revelations in the so-called “Panama Papers.” So what if he and other Kiwi high rollers shield their incomes and assets from the IRD in assorted trusts, funds, investments and even shell companies? Isn’t it an axiom of capitalism that, as Donald Trump has openly stated, you try to avoid as much tax payment as possible? Forget all this nonsense about “paying one’s fair share of taxes.” Only rubes and idealists do that. Everyone else tries to minimise their tax exposure and the rich pricks just do so on a grander and more elaborate scale.

I say this because the entire NZ economy is riddled with tax avoidance. One of the things that struck me after I moved to NZ is the amount of cash transactions that are done with the explicit intention of avoiding tax. Almost every single tradesperson I have dealt with in the course of my time here has proposed a cash transaction that avoids GST, but more importantly, avoids traceable electronic or paper (cheque) financial transfers. And the offers of non-GST cash transactions are done without shame or concern; it is just part of doing business for many people and everyone knows it and acts accordingly based on their own circumstances.

If what I have seen in the small business trade and service sector is any indication, then it is reasonable to expect that such attitudes percolate upwards into larger corporate structures and repositories of wealth. Since these are too big to hide in a cash-only parallel market, the next best thing is to engage in tax evasion and income-hiding schemes whose complexity is based upon the ability of the tax authorities to uncover them. The move to off-shore trusts and the like is simply a matter of keeping one or two steps ahead of the law and three steps ahead of enforcement mechanisms. If those in government choose to structure the financial regulatory regime in such a way that it keeps the holders of wealth five to ten steps ahead of the tax authorities then, well, you get what you vote for.

The difference between the approach of NZ high and low rollers when it comes to tax evasion is in scale, not kind.

This is one reason why I believe that the Transparency International rankings that have NZ listed among the top three least corrupt nations on earth are rubbish.  Add to that the nepotism, cronyism, shoulder-tapping, sinecure swapping and insider trading of everything from personal and professional favours to board directorships to stock shares, and the picture of NZ is far less rosy and far more, let us say, “pragmatic.”  I am particularly critical of the TI indexes because not only are they mostly based on reputational analysis (mostly offered by those who stand to gain from gaming the system), but because I participated in a TI survey of NZ’s intelligence and defense forces and saw my scores (and those of some others) pretty much discarded in favour of higher scores offered by insiders that led to an overall TI assessment that NZ has the highest standard of professional integrity amongst the defense and intelligence services in the Asia-Pacific.

Even so, I am one of those who are a bit idealistic when it comes to taxes. I understand the concept of public goods and therefore comprehend the rationale behind taxation. In NZ I pay tax more readily at a higher rate than I did in the US because, among other things, I am not paying to support a huge war machine that in turn serves the interests of a taxpayer subsidised military-industrial complex. As a small business owner I feel the burden of taxation more heavily and immediately than the corporate moguls that run the nation’s largest firms and whose bottom lines rest on minimising two things: their tax liabilities and their labour force wage bills. Yet I try to believe that I am contributing my small bit towards maintaining a high standard of public education, health and welfare that will lead to future generations of productive and happy citizens (although my experience with NZ academia suggests seriously diminishing returns in that sector, and I have serious doubts that overall heath, education and welfare outcomes are on the rise rather than in decline as a result of nearly a decade of National government public policies).

In spite of these misgivings, I remain a residual idealist and want to believe that my contributions, when taken collectively with those of others, matter for the present and future well-being of NZ. But I do not expect others to share the same hopelessly naive view of how the systems works, and I therefore do not begrudge them trying to dodge the taxman as much as possible. Because in a country where market-reifying ideologies reign supreme in virtually every facet of life, only a fool like me would think that paying taxes is anything but state-imposed theft levied on the productive in order to buy the acquiescence of the parasitical. I know this to be true because National, ACT and certain elements in Labour tell me so, and who am I to argue with those who dominate our economic, political and social narrative?

Media Link: The Slater/SIS/PM’s Office OIA debacle.

datePosted on 10:30, November 25th, 2014 by Pablo

Sometimes one has to speak bluntly but honestly about unethical behaviour within the NZ intelligence community. The revelations about the way in which an OIA request from a notorious right wing blogger was handled by the then Director of Security and Intelligence and the office of the Prime Minister in 2011 affords one such opportunity to do so.

Short of taking monetary or personal favours, this is official malfeasance of the first order and is corrosive of the professional integrity of the intelligence community. Shame on all involved.

Left in tatters.

datePosted on 12:14, September 21st, 2014 by Pablo

A while back I wrote a post arguing that the NZ Left was in serious disarray. Various Left pontificators fulminated from the depths of their revolutionary armchairs against my views, denouncing me for being defeatist. I responded as politely as I could.

Last night conservative, ring wing parties won nearly 64 percent of the popular vote. Left wing parties–such as they are given Labour’s pro-capitalist bent, the Green’s turn to the middle and Internet/Mana’s schizophrenic leanings–mustered 36 percent of the vote. The message is clear: New Zealand is a right-leaning country. Nearly 30 years of pro-market policy (an entire generation’s worth) has resulted in a country that no longer considers egalitarian and redistributive principles as hallmarks of the national identity. Instead, the turn to self-interest has seeped deeply into the social fabric.

That is the context in which the NZ Left must operate. That is the context that I was writing about in my earlier postings. And that is the context that we will have for the foreseeable future unless the Left learns to shift the terms of the political debate off of tax cuts, deficits, public spending, workforce flexibility and other pro-market arguments. So far it has not done so and in fact has often tried to operate within the context and political debate as given. Perhaps last night’s drubbing will make the Left realise that this is a mistake.

After all, those who define the terms of the debate are those who win.

In order for the Left to re-define the terms of political debate in NZ there has to be a plausible counter-argument that can compete with the language of austerity, limited government, non-interference and self-interested maximising of opportunities. This election campaign demonstrated that concerns about civil liberties, privacy, child poverty, environmental degradation, corporate welfare, predatory trade and other progressive cornerstones took a back seat to economic stability as defined by market ideologues.

Given that fact, the process of re-definition has to start there: basic definition of economic stability. One way to do so if to move off of the usual market analytics favoured by bankers and corporates and onto the social costs of an increasingly unequal division of labour. Because the price for market stability is seen in a host of variables that are not amenable to standard market analysis, yet which are as real as the glue sniffing starved kid living rough and begging for change on the increasingly mean streets of Godzone.

Accountability versus Acceptable Corruption.

datePosted on 16:08, September 4th, 2014 by Pablo

During the 25 years I was in academia I wrote a fair bit on the subjects of democracy and democratisation, both in theory and in practice. I continued in that vein in some of my blogging on this site, including the 5 part series on  deconstructing democracy in 2009. As part of my ruminations, I have delved from time to time into the subject of democratic accountability, specifically its vertical and horizontal dimensions, both of which are absolute requirements for the health of liberal democracy. Among other things and contrary to what some pundits might say, my understanding of the two dimensions of democratic accountability is what allows me to state categorically that dirty politics such as that practiced by the National Party’s vicious wing is not inherent to democracy

Vertical accountability refers to the accountability of the governors to the governed. The signal feature of this dimension are elections of those who govern, but also include the ability of the electorate to demand review, recall or sanction of non-elected officials such as those in the judiciary and civil service if and when their actions become to egregious or are ignored by the other branches of government. There a variety of methods with which to do so, but that requires a degree of horizontal accountability as well. In any event vertical accountability is aided by a robust, critical and independent media that draws public attention to what otherwise might be quiet indiscretions by those in office.

Here is where horizontal accountability comes in. Each branch of government is formally accountable to the others. In the event of malfeasance in one branch the other branches have a right and indeed duty to independently investigate any potential wrong doing. They must maintain a degree of institutional autonomy in order to do so, because otherwise they cannot exercise the degree of inquisitorial independence that is required for transparency and integrity to obtain.

It is this dimension where New Zealand appears deficient, and the proof of that is the inquiry that the Prime Minister has ordered into Judith Collins use of a public servant’s personal information. In this case the PM gets to frame the terms of reference of the inquiry, and has done so in way that assures that Collins will be exonerated. In political circles this might be called narrowing the focus to what is strictly illegal, but in common parlance it is known as acceptable corruption.

The inquiry conducted by the Inspector-General of the SIS into the hasty OIA release of sensitive SIS documents to a blogger linked to the government is more independent and therefore more transparent and honest, assuming that the IG does her job correctly.

But the problem remains that horizontal accountability in NZ is nowhere what it should be. Parliamentary committees are dominated by the government and often have limited inquisitorial powers. Crown Law has, time and time again, adjusted its prosecution priorities to accord more closely with government interests (recall the time and cost of the Zaoui and Urewera prosecutions, both of which ultimately reduced to far less than the government initially alleged). Some judges are said to lean politically one way or another when it comes to examining government behaviour.

Less we think that this overly friendly relationship between government and prosecutors be exclusive to National, let’s remember that the two prosecutions cited above began (and in Zaoui’s case ended) under the 5th Labour government.

Some say that the lack of a written constitution impedes the full exercise of horizontal accountability in NZ. Perhaps that is so but I also think that it is a product of habitual practice in a small country, where the political elites are for the most part a relatively small club that play by their own informal rules as much as they do by the law. Those in government are given fairly broad license when it comes to how they account for their actions to the other branches. Those in opposition wait for their turn in office to do the same. The judiciary and public bureaucracy publicly maintain their independence but at a senior level they play close attention to the interests of the government of the day.

Voters give a veneer of vertical accountability to the status quo by turning out for elections. Their susceptibility to spin and deflection makes them targets of the dirtier machinations of politicians, and in the absence of genuine horizontal accountability counter-weights that is all that is needed to govern. In such a context governance is all about bread and circus, or in the NZ case, pies and rugby. The fact that National has not suffered much in pre-election polling pretty much confirms this truth.

It can be argued that this is politics as usual, in the form of one hand washing the other in the interest of political stability. Indeed, all of this is perfectly acceptable, except that it is also perfectly, albeit not by legal definition, corrupt. But what is wrong with a little acceptable corruption amongst political friends so long as the public does not care and there are no real institutional checks on what they do so long as they do it quietly?

I could be wrong on this and John Key is just being a jerk when it comes to the terms of the Collins inquiry.  But something tells me that the rot runs much deeper, and it will not stop should he and his nasty pack of party colleagues be voted out of office later this month.

Not that readers of KP will need much convincing, but Selwyn Manning has written a decisive essay on why the PM is lying about his involvement in the Slater/SIS/OIA fiasco. To do so he uses the State Services Commission’s guidelines for the release of sensitive information. The question now is twofold: 1) should NZ trust an individual as PM who overtly involves himself in political dirty tricks such as those uncovered by Nicky Hager? 2) should NZ trust a PM who repeatedly bald faced lies to the public on matters of considerable import?

As the saying goes, we may be stupid but we are not idiots.

Anyway, read the proof for yourself.

Analysis Link: Democratic intelligence oversight.

datePosted on 16:09, May 3rd, 2014 by Pablo

The Snowden revelations have brought to the fore the issue of oversight and accountability on the part of intelligence agencies in democracies. In this analytic brief I outline ideal type principles and practicalities of democratic intelligence oversight. The idea is to offer a conceptual basis for understanding how democratic intelligence oversight should work with an eye to promoting practical reforms to that end.

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