Rather than further sidetrack the discussion about police and firearms at The Dim Post, quick answers here to inquiries there by “The Big Dog” as to my views on two topics:

Lew, I’d be interested to know what you think of Tame Iti?

Tame Iti is a convenient symbol of all that whitey wants to fear. Since the events of October 2007 he’s been dressed up as our very own Colonel Kurtz.

Likewise Hone Harawira to an extent; Danyl’s brilliant commentary on this is here. The reality is — to put it very mildly — somewhat different. This isn’t to say that either are utterly blameless, or that this depiction is entirely unwanted; only that their notoriety is rather greater than is really deserved.

Lew, What did you think of Bomber Bradbury’s take?

(Assuming Bomber’s take on police and firearms here.) Bomber distrusts and fears the police, and he has his reasons for doing so. In that context the response is not unreasonable or unusual. While I agree with a lot of what he says in principle, I essentially see police as part of a healthy civil society, not as its enemy, so I ascribe those concerns somewhat less weight. So where Bomber insists on hard restrictions on police powers, I am more content with soft restrictions and strong civilian oversight. It’s an open question as to whether our present oversight is sufficient, though.

Edit: TBD was actually asking for my views on Bomber’s response to the October 2007 Urewera Terra raids. I’ve answered in the comments below.

L

I generally agree with r0b’s reasoning on the police need — or lack — for firearms. This is a mostly-empty moral panic.

But how things have changed for Greg O’Connor of the Police Association. This from 1 June 2009:

Mr O’Connor, who is currently studying policing in Scandinavia, did not support all police carrying guns but said the matter had to be looked at. [...] “We said the debate should take place outside the emotion of Len Snee’s death and it’s disappointing to see that now there’s not going to be any debate there needs to be.”

A year ago Greg O’Connor was careful to frame the Police Association response in this way. He repeatedly said he didn’t want to arm all officers, he just wanted “a debate”, and one which would take place in the cold light of reason rather than as a knee-jerk in the aftermath of a police shooting. That’s a mature and responsible position. But even though the debate has not really occurred in the intervening year, his position has congealed — or perhaps he now just feels more at liberty to express it — into “all guns, all the time”.

What’s changed in the past year? The agenda has changed, that’s all: how firearms are framed in the public discourse about policing. Any time a firearm is used — regardless of the outcome — it’s a big media deal. Recent events such as the Urewera Terra raids of October 2007, the retrial of David Bain, the story of a large number of dogs being “massacred” using a firearm, and of course a number of police shootings have imprinted the prominence of firearms as public menace on the public consciousness. This has progressed alongside a police and crime-reporting discourse which has as its basic theme the notion that our plucky boys and girls in blue are under constant attack from all sides. Contrary to O’Connor’s noble aim, there has been no meaningful debate about arming police. This fact suits his arm-the-cops purposes, and it’s now clear that those cries for a debate, and the appearance of a debate within the Police, were made with the primary purpose of simply keeping the issue primed and on the public agenda. It’s lurked there, undebated, for a while, and with these most recent events it’s moving rather rapidly closer to actually happening. That’s a dangerous way to set policy.

Although I accept this is a contentious position, I generally believe that we need to trust the operational discretion and instincts of frontline police staff, as long as we have tough and independent disciplinary oversight as to their policy, and conduct in implementing that policy. On this basis, I’m not categorically opposed to the notion of police vehicles containing a lock-box with firearms in it, which police can use in accordance with firm and well-documented policy in light of the tactical circumstances in which they find themselves. But I would say that this isn’t very different to the current status quo, and the use of firearms must not be left to the sole discretion of an individual officer. The deployment policy and tactical decisions to deploy must be matters for which police command can be held accountable, for which the police as an organisation are responsible.

But what I’m more interested in is a public debate on this, and other policing matters. We really need one.

L

Tim Watkin usually writes good sense, but with the latest post on gun control it’s clear he just doesn’t know his subject. Toughening gun control in NZ is basically a hiding to nothing, both in policy and in symbolic terms. It’s pointless for three main reasons:

1. We already have pretty sane firearm laws and gun culture which regulate legitimate gun owners, and constrain the sorts of weapons most useful to criminals;
2. As a country, we own a lot of guns, and they’re important to our way of life and identity, and this importance is the subject of bipartisan political consensus;
3. We have very low rates of gun-related crime already, and any regulation which would be effective would be very costly, both in financial and political terms.

Just to preface this: I own a hunting rifle, and as a bit of a propaganda geek I’ve paid close attention to gun control as a matter of symbolic politics (alongside abortion, it’s a leading “touchstone” rhetorical issue in US domestic politics). I’ve been watching the way NZ is beginning to develop a (rather amateurish, but effective enough to not be laughable) US-modeled gun-ownership lobby with interest as well. But I’m not one of those “don’t tread on me” gun nuts who thinks bringing a loaded assault rifle to a town hall meeting is a core part of the democratic process. Owning a firearm is useful, but it’s not an absolute right — rather one which must be weighed against other consequences, including those which stem from arming communities. But I object to knee-jerk policy proposals which misoverestimate the problem, won’t solve it in any case, and will come at considerable cost.

What problem?
The most significant objection I have to Tim’s analysis is that he assumes gun crime is a serious enough problem to warrant harsh regulatory consideration; and seems to think that tackling it like the government has “tackled” knife crime is a sensible approach. I reckon both are suspect assumptions.

According to a UN survey from 2000 (the most recent I can easily access), 13% of our homicides (including attempts) were committed with a firearm, at an annual rate of 0.18 per hundred thousand population. That is a rate slightly higher than the UK (0.12 per hundred thousand, with much more strict firearm laws); just over half the rate of Australia (0.31, also with much more strict firearm laws, including a hugely expensive buyback programme undertaken in 1996 with the intention of solving the problem). I don’t think things have changed all that much; in 2009, the year of Jan Molenaar, the figure was 15% of our recorded murders (incl. attempts). You can use the Statistics NZ tools to get data here. You can also compare a bunch of countries’ rates here, but be sure to read the disclaimer. The bottom line is that we have extremely low gun crime rates by world standards, especially given that we have very high gun ownership rates. By far the highest proportion of gun-related deaths in NZ are suicides — I don’t have the numbers to hand but I recall it being above 70%. That’s a consideration, since suicides are usually committed with weapons of opportunity, and a firearm is particularly effective. But this is not the argument being made.

Knives are a much more serious problem, accounting for about twice as many homicides in NZ, and “other weapons” and “manual” which I assume includes unarmed homicides are also generally more common than firearm murders. The government has seen fit to “crack down” on knife crime by trying to prevent youths’ access to knives at the retail level using a voluntary code of practice. This is pure security theatre. Everyone credible knows it won’t make a blind bit of difference because kids don’t go and buy a knife from a shop, they just take one from the kitchen drawer or the toolbox in the garage. Firearms are already much more heavily regulated than this, and as a consequence people wanting one but who lack a license don’t roll into Hunting & Fishing and buy one — they get them illegally because we have no idea how many there are or who owns them (more on this later). So the comparison between guns and knives, while tempting, is bogus. Knife crime is much more serious than firearm crime, much less-heavily regulated, and the trivial additional regulation proposed won’t change anything — but it also won’t cost anything.

What guns?
Part of the reason gun crime is such a minor problem in NZ is due to our history and culture with guns, and in particular the fact that “personal defence” has never been a justification for firearm ownership. Tim also gets this wrong: citing “personal defence” as a reason for needing a firearms license will mean you get denied one, especially if you’re trying to apply for a restricted weapons license (which is the example he uses).

Excluding the post-settlement period, firearms in NZ have generally been conceptualised in law and culture as tools rather than weapons — for hunting, sport shooting, or the defence of the realm. Most in existence today are .22 calibre rabbit guns, or bolt-action ex-infantry rifles from the first and second world wars, passed down from father to son, or modern firearms based on near-identical designs, or shotguns designed for gamebird hunting. Partly due to length, partly due to action design and calibre, these are pretty useless for self-defence except for the appearance of threat and as clubs. By the same token, they are far from ideal for offensive use. Part of the reason criminals are rarely armed with firearms is because they are nearly impossible to conceal (which makes carrying or using them a riskier proposition than, say, a knife), and if sawn off below the regulation length of 30 inches, they are still not very convenient, and give police instant cause for book-throwing if discovered.

There are relatively few pistols or assault rifles in NZ, and those which are owned are very tightly controlled, with extremely high standards required of the owners. The NZ Police apparently operate a “sinking lid” policy on restricted weapons: to gain permission to import or produce one, you need to destroy another. This has driven the market price of such weapons through the roof, putting them out of the reach even of many legitimate collectors; although it must be said that the distinction between a “military-style” semi-auto and any other semi-auto is largely (not entirely) cosmetic, and one is no less deadly than the other. As the rather grim saying goes, the seven-round magazine restriction on an ordinary semi-auto centrefire rifle just means that if you want to kill more than eight people, you’ll need to reload.

Firearm licenses, especially those for restricted weapons like military-style semi-automatics and pistols, are issued at the discretion of an Arms Officer on the basis of the applicant being of “fit and proper” character. The threat of losing the license acts as a firm constraint on legitimate gun owners’ behaviour, with most hunters, collectors, etc. living in fear of having their license revoked. This constraint comes into force, for example, when deciding whether to keep a firearm for self-defence purposes in a country where most potential assailants, burglars, etc. are not themselves armed: if you happen to use it as such, you must then explain to your arms officer how come you had it handy, rather than locked up in its safe, with the bolt and ammunition separated. Most people comply to avoid this inconvenience, and because they know that the chances of a family member actually meeting a life-or-death situation are much higher with a loaded firearm lying around than otherwise.

In general (and again, I don’t have the figures to hand) the vast majority of gun crime in NZ is committed by people without a legal right to own or use a firearm in the first place (being not “fit and proper”). Jan Molenaar was just such a person, so using him as an exemplar of all that is wrong with the system is a bit misleading. It’s certainly an indictment on police procedure following the last shake-up of gun laws. Probably the biggest failure in our gun licensing regime is the lack of a registration system for specific firearms. It’s expensive, time-consuming and bureaucratic but would have been of some use had it been implemented when suggested by the Thorp report, even if just to draw a clear demarcation line between compliant and non-compliant owners. I think that horse has bolted now.

As for the matter of private internet sales of arms and ammunition — Tim clearly hasn’t used Trade Me for this purpose. It’s considerably more robust than any comparable method other than a brick-and-mortar shop (and many B&M shops use the same methods to sell nationwide). Anyone can view restricted auctions, but to bid or ask a question you need to enter your firearm license number. Repeated failure to do so (or entering made-up numbers) gets you blacklisted. If buying otherwise than by a face-to-face meeting, you are required to complete a form designated by the Police for this very purpose, and have it counter-signed by your local Arms Officer, who sights your license. The first step (needing to enter your number) prevents anyone without access to a license even bidding or making contact with a seller. This is probably the most effective safety mechanism in the system.

Sleeping Dogs
These are policy and cultural reasons which explain why trying to crack down on gun ownership in NZ is likely to be pointless. But Tim’s post was largely about the political aspects of the issue: the tension between the imperative to be Tough On Crime and the danger of getting tarred with the Nanny State brush. In symbolic terms, I reckon gun control is a loser for both of the major parties because, unlike the knife measure which is empty theatre, any meaningful changes to the gun ownership regime will come at a considerable costs. One important consideration with this is that in NZ (and Australia), unlike in the USA, gun control is seen as a matter of bipartisan consensus, with both National and Labour generally occupying the middle ground (and ACT and the Greens taking up the flanks). This means there’s little or no partisan advantage to be gained by either side.

The first of these costs is purely financial. A registration, licensing audit, inspection-reclassification or buyback scheme to remove firearms (or certain firearms) from circulation (or from the hands of those not “fit and proper”) is hugely expensive. The Australian Federal Government raised a special tax for the purpose and spent hundreds of millions of dollars on its buyback scheme, and even given the dramatic reduction in gun crime rates which resulted, it was generally seen to be wide-open for rorting. In New Zealand, with a much lower baseline level of gun crime, much less money and much more pressing law and order policy issues, this simply wouldn’t fly. Quite apart from the money, the drain on already-stretched police time would make a mockery of the government’s pledge to deliver resources to the front lines and away from the “bureaucrats”. And for all of that, it would still predominantly capture guns possessed by licensed owners: the “good guys” who, of all people, should retain their gun-owning privileges.

The second, and probably weightier cost is about the NZ identity. As I’ve argued before, wild places matter to us in identity terms. While most New Zealanders don’t own firearms, and never will, many more than the 250,000 who do like to think of themselves as potential outdoorsfolk who might go and shoot a possum and do their bit to save the rata. I don’t want to overstate this, though. Gun owners and hunters are viewed with considerable ambivalence by the general public, and with some cause. The gun lobby doesn’t do itself or the more reasonable branches of the sporting community any favours, and to a large extent they’re thought of in similar terms to Jan Molenaar and the various flavours of SHTF nutters.

But Nanny State also comes into this. Tim suggests that Labour couldn’t afford to do this for fear of strengthening the narrative established by the last term of the Clark government (I agree), but that National might just be able to get away with it. I disagree. Half of National’s support base are farmers or rural/semi-rural men of above-average income who are generally law-abiding and consider themselves responsible citizens in partnership with the authorities — of the view that the government “works for us”, rather than the view that the government is an agent of their oppression. (There are exceptions to this last, but mostly they vote for ACT and are thus irrelevant to this calculus.) This is almost exactly the same demographic which wants to be able to take care of his own rabbit problem and hunkers down in a cold maimai before dawn on the first weekend of winter for a laugh, and they greatly value the illusion that doing so is an inalienable right akin to that laid down by the Second Amendment. They tolerate (often with considerable reluctance) the existing licensing regime partly as a pragmatic solution to the social problem of crime, and partly because it accords them the status of being officially deemed “fit and proper”. But they will not tolerate further incursions on these privileges, and it is this demographic whom the gun lobby, with its US-imported “armed society is a polite society” rhetoric, is targeting using the present hysteria about violent crime as a springboard. These are the guys who already feel under threat from policies like the ETS, which prevents them from buying the V8, forcing them to settle for the V6.

This demographic might be the sort of people who could be persuaded to support tighter restrictions if there were a strong crime-reduction case to be made for it. But since there’s so little to gain, and since the existing regime is already at the margins of what is acceptable, National rouses these sleeping dogs and permits their radicalisation at its peril.

L

I cannot say that I regret the news that Howard Broad is ending his tenure as Police Commissioner. Regardless of what positives he brought to the job–and I know that certain people on the Left think that he is a great guy who can do no wrong–for me he is to the NZ Police what Richard Woods was to the NZSIS: a person who allowed overtly political criteria to intrude on what should have been autonomous decision-making based on assessments of real threat and practical priorities. Just like Wood’s disgraceful behaviour in the Zaoui case, Broad was the man at the helm during the Urewera raids, raids that just happened to be timed to coincide with the final reading of the revised (and more draconian) Terrorism Suppression Act and which targeted well-know dissidents who, whatever their crazed (or intoxicated) rhetoric and antics in the bush, were as far removed from a terrorism plot as are medieval war reenactment societies. Broad is the man who has lobbied in favour of expanded (domestic) surveillance and search powers for the Police and other state agencies. Broad is the man who ran the show at a time when a culture of criminal abuse within the Police was exposed, only to preside over a corporate whitewash of the culture rather than a wipeout of it. Truth be told, Broad was handpicked for the job by the Labour leadership  because of his ties to the party, and given the position when his  (less compliant) predecessor committed a personal  indiscretion that cast doubts on his professional judgement. In sum, Broad may be a nice guy in person, but under the 5th Labour government he allowed his political masters to exert too much influence on the Police as an institution, IMO.

All of which makes Pita Sharples’ tribute to Howard Broad, particularly his honoring Broad for services to the Maori community, as sickening a piece of political syncopathy as has been seen in recent years. On this one, I think Hone Harewira is right: the less said the better.

Having stated my view, let me also state that I do not believe that National will do anything to diminish the politicisation of Police decision making. In fact, Key and co. could well make it worse.

Here’s a fun game. Watch tonight’s TV news (either channel) and count the following tropes.

Update: I did this — both channels, since they were conveniently on at separate times, and was pleasantly surprised by reasonably sober tone of coverage. Comments in italics.

• Gratuitous display of cannabis leaf or other marijuana iconography
  Four times on One and thrice on 3. Mostly in the display of the “Switched On Gardener” signage.
• Gratuitous display of drug porn (huge quantities of plants, or egregiously sticky buds, etc.)
  5 times each. TV3 used this as their studio backdrop, otherwise it was the same stock footage throughout, obviously supplied by the police. A distinct lack of additional file footage and High Times-style images of the sort which are usually stock-in-trade for this sort of coverage.
• Police casually destroying huge quantities of same
  None! Only some police confiscating computers, other equipment in the TV3 footage.
• Tenuous linkages of marijuana with other drugs, violence or terrorism
  None! Some passing mentions and image of other drugs, firearms and references to organised crime, but nothing tenuous or unjustified.
• File footage of a shadowy person smoking a joint — None!
• If it’s clear despite anonymisation that the person is brown-skinned
  None of these either.
• Footage of people being arrested or detained
  No images of people being arrested. One shot of an unidentified (white) person walking down the street as the voiceover informed us that those arrested were appearing in court.
• Footage of supposedly ill-gotten gains: flash cars, etc.
  Twice each, references to property being seized under proceeds of crime legislation. Nothing major.
• Smug, serious middle-aged white people expressing deep concern.
  The only examples of this in both cases were press conference shots of the senior police officer.
• Triumphal statements that this has broken the back of the cannabis industry, with no supporting evidence
  Again, just what the police told us. Reporters stuck generally to the facts.
• Reporter looking smug and saying words to the effect of “we can’t reveal which garden centre at the moment …” with the clear implication that it’ll all become clear pretty soon, and anyone who’s anyone already knows
  Well, although National Radio didn’t report (and the police refused to say on-air) which gardening shop chain it was, it was no secret, so none of this.
• Breathless revelations that people who aren’t beneficiaries or gang members are involved in cannabis production and consumption
  Mentioned twice on One and once (but more extensively) on 3 — the fact that “managers and directors” of the company were among those arrested. But in general, not a big deal made of this fact.
• Implication that schoolchildren might have been in danger
  Not mentioned or implied at all.
• No mention of the fact that alcohol causes orders of magnitude more harm by almost every indicator
  Not mentioned or implied either, but on both channels, the booze story took precedence, occupied considerably more screen time, and was covered in much more depth.

So, all in all, nothing much to separate the coverage on One and 3 news. Both items were characterised by a heavy (almost total) reliance on official source material and footage — although both did a field cross, TVNZ’s was the usual pointless live cross, while TV3′s reporter didn’t even make the screen, with the field shots showing police hauling stuff out of a building. Both used similar (probably supplied) footage and images as background, and emphasised the length of the investigation, the number of people involved, and the impact the bust would have on the cannabis industry. Neither report was journalist-centric, with both reporters essentially relaying facts with a minimum of editorialisation. Both reports showed a distinct lack of sensationalised narrative, imagery or suggestion, lacking the usual devices employed to propagandise and pad out this sort of topic matter.

So: well done One and 3 News :)

L

I heard this phrase when living on a ranch on the Arizona-Mexico border in the early 1990s. It was prompted by my asking a bartender at a local saloon if she felt threatened by the crowd of drunken, armed cowboys in the establishment one evening.  In that environment, it made perfect sense (in fact, Arizona has just legislated that a person can carry a concealed firearm without a permit, loosening the laws in force during my time in the state which allowed for the open carrying of firearms without a permit but which required a concealed weapons permit). In fact, on repeated visits to that watering hole I never once saw anyone raise their voice in serious anger.

I mention this because statistics have recently been released that show that the incidence of violent crime in NZ has increased exponentially in the last five years. That has led to the National government talking about “getting tough” on crime along the lines frequently barked by its ACT closet authoritarian partners.

But what does it mean to “get tough” on crime? More incarcerations? Longer sentences? More arrests? More convictions? More confiscations of property? More severe punishments? Reinstitution of the death penalty for heinous crimes? More tasering? Arming the community constables? Expanding the armed offenders squads? Increasing liquor bans in public places?  Having the police using more armed force when dealing with crowd control, gang and other collective disturbances? Increasing youth sentences?

I mention this because “getting tough” on crime, at least when phrased in the above terms, does not address the causal mechanisms behind the upsurge in violent crime (which I agree has increased and now become a serious pathology in NZ civil society). One can seek explanations for causes in many places: exposure to media-provided violence at a young age, dysfunctional familities, bullying culture, the pervasive influence of alcohol, the long-standing tradition of civil disobedience and passive resistance practiced by some communities and individuals, now taken to new extremes, the degeneration of popular and civic culture into venal self-absorption–the list of possible causes is long.  But what does “getting tough” have to do with any of these possible causes? Unless a more draconian criminal system is seen as a deterrent to violent crime (and there is much dispute about the deterrent value of things such as capital punishment), how exactly is “getting tough” on crime going to solve the problem?

I must confess to being of two minds, because as an immigrant from the US I have always felt that punishment for serious offenses was a bit of a joke in NZ and that there are not enough resources dedicated to crime-fighting  (in fact, I still believe that NZ is a country where one can literally get away with murder if cunning and meticulous). But I also know that the “tougher” US approach to crime also has done little to nothing to drive down crime rates (in fact, the “broken windows” approach to petty crime adopted in New York City in the 1990s, and in which worked marvels in lowering the overall crime rate in that city, was focused on early intervention at the lower end of criminality rather than on increased punishment for more serious offenses). Instead, US violent crimes rates, not surprisingly, lowered as the economy expanded in the late 1990s and early 2000s, and, not surprisngly, have increased since the recession began to bite hard in 2008. Which is to say, although the violence of socio and psychopaths is unaffected by economic cycles, much of the residual acts of violence tend to overlap with economic downturns when unmitigated by early intervention or causal prevention schemes.

Which brings back the cause-effect–response syllogism mentioned earlier. There is a reason why that crowd in the border town saloon was armed. At the time there were only 2 sherriff’s deputies avaliable to patrol over 1000 square miles of national forest and ranchland strung along the border and extending some 20-50 miles northward. Besides the various stinging and biting small critters and large predators (bears, big cats) that stalked the Sonoran high plateau and mountain ranges in which our properties were located, there were human dangers emanating from across the border as well as from within Arizona itself (organised crime drug smuggling and survivalist militas, respectively). Absent the protection of the state in such remote locales, people actually practiced the concept of self-defense because to not do so invited serious victimisation, often of a terminal sort. As the saying goes, the best home insurance policy one can have in such a personal threat environment is the sound of a pump action shotgun chambering a buckshot round. The point being, that armed crowd had reason to be so given the causal mechanisms at play in that particular crime environment (which I must say, remains one of the most beautiful landscapes I have had the pleasure to experience first hand). Unfortunately, perhaps, things changed after 9/11 and the region is now swarming with Border Patrol, National Guard, roadblocks, fences, audiovisual sensors and motion detectors as well as increased numbers of north-bound migrants, to the point that many long-term residents have moved away in search of solitude and workable land. It turns out, at least in that regard, I left just in the nick of time.

That brings me back to NZ, my adopted home since 1997 and in which I have seen a steady decline in civility during the last decade that is now confirmed by crime statistics. Not being a criminologist or a social welfare expert, I cannot offer any concrete prescriptions, much less a panacea for the upsurge in criminal violence now afflicting Aotearoa. But what I can say is that it does no good to play the role of chickenhawk or attack poodle by fulminating about getting tough on crime without linking the thirst for punishment to an understanding of what drives violence and insecurity in the first place. In fact, until the latter is identified, addressed and ameloirated, then the former is just another way of pouring salt into a gaping wound.

NZ Herald website’s lead story:

Telecom spokesman Mark Watts says this morning’s 111 emergency calls system failure “shouldn’t have happened” and is “a bad look” after the company’s recent repeated XT failures.

My emphasis. This illustrates that Telecom views the failure of an essential service — the only genuinely essential service they provide — as an image problem rather than a matter of public safety. Don’t get me wrong — it is an image problem, and a colossal one at that, and the fact that this fault was apparently unrelated to the ongoing XT failures underlines the brittleness of the country’s telecommunications infrastructure and undermines Telecom’s brand even more than it already has been. But treating it as an image problem for the company rather than a real problem for the country is the surest way of turning it into an even more serious image problem. You see what people are made of when they come under prolonged duress. Telecom’s senior staff are starting to crack.

Not that NZ Police communications are much better, with Inspector Karen Wilson saying that the Police were “unaware” of any cases where the need for emergency services had gone unmet. Well, they would be unaware, wouldn’t they? Given that the system for making them aware was nonfunctional.

This line (“Police are unaware …”) has become the NatRad bulletin lead, which means Telecom’s PR failure is reflecting on the Police, who bear no blame here. (Though, in fairness to Inspector Wilson, her remarks were a response to a suitably incensed Philippa Tolley, who first used the word “unaware”.) Still, better for the Police to more strongly emphasise the fact that they would be unaware due to Telecom’s failure, but that coping regardless was their responsibility.

It might be worth turning this into an ongoing series. There’s no shortage of material.

Update: By Checkpoint time, Mark Watts had changed his establishing point to “not a good thing”, which is much better, for just one word different. But his talking points were clearly thus:

• The system works close to 100% of the time (therefore: don’t complain when it doesn’t.) This is a somewhat specious argument, but very necessary given Telecom’s situation, and it’d fly if the general position taken was one of contrition and regret.
• Nobody was left hanging; everyone who made a call got called back to make sure they were ok. This is good; unfortunately, he refused to answer Mary Wilson’s repeated questions as to how long it took for people to get called back. That leaves the response a bit hollow. He also gets a bit arsey about it.
• “The systems worked as intended.” WTF? This would be a plausible position if the Police had been informed, but they weren’t, and Telecom has no explanation for why not.

For their part, the Police have their act a bit more together, with Superintendent Andy McGregor emphasising the importance of public confidence in the system and Telecom’s failure to ensure it.

L

A little over two years ago the so-called ” anti-terrorism” raids were carried out by the Police against activists in Ruatoki, Wellington and Auckland. The media frenzy that immediately followed focused on reports of “paramilitary” training camps, where, according to Helen Clark, “napalm” bombs were being made, weapons training was ongoing and plots were being hatched against a  variety of political figures, among them George W. Bush. Police affidavits were leaked to the press that detailed the “evidence” collected by covert means, and profiles of the more flamboyant of the defendants were splashed over the tabloids, radio and television. Almost immediately, multiple charges were laid under the Firearms Act 1983, but a few weeks after the raid the Solicitor General decided against laying charges under the Terrorism Suppression Act (TSA) because he deemed the TSA to be “unworkable.” This was a blow to the government’s case because much of the surveillance done in the build-up to the raids was authorised under provisions of the TSA. Even so, the government pressed ahead and in the months that followed arrested 3 more people and (a year after the raids) charged five of the original defendants with the additional count of  ”participation in a criminal gang” (Tame Iti, Rangi Kemara, Tuhoe Lambert, Emily Bailey and Urs Signer). What all of the defendants have in common is that they are well-known and often outspoken critics of the NZ state, the US and capitalism in general. Beyond that they are a mixture of anarchist, environmental and indigenous sovereignty advocates (and at least one unhinged individual) united by their common disdain of the status quo. For background on the events and immediate response to the raids, see the trilogy I wrote for Scoop in the weeks that followed: here, here, and here.

With no terrorism angle to report on, the media lost interest and the story died. But what has become of the Urewera 18? (2 of the arrested have been discharged without conviction or had charges dismissed). Here I shall provide a brief update and make note of some ironies.

The Urewera 18 are represented by 14 barristers and numerous solicitors, with Rodney Harrison QC (of Zaoui case fame) recognised as lead counsel and Annette Sykes given special status by the Court with respect to the tikanga of Tuhoe and implied license. Proceedings have dragged on for more than two years, and like the Zaoui case, it is likely that they will continue for at least another year (reports are that the first available trial date is in 2011). Given the numbers of defendants and legal counsel involved, this means that the taxpayer bill for the prosecution of the case will dwarf the NZ$2 million spent in the futile attempt to refuse Ahmed Zauoi political refuge. The cost for the defendants, emotional as well as material, is similarly high.

As for the substance of the case against the Urewera 18, let us begin with the charges. Other than the criminal gang accusation and a common charge of possession of restricted weapons (presumably related to incendiary devices), all else fall under the Firearms Act of 1983. After some legal wrangling, the charges have been bundled together as ‘representative’ charges so as to make the number of charges more manageable. In other words, in early depositions each defendant was charged with possession of each gun at each camp, resulting in hundreds of charges. That has now been amended to a single charge for possession at each camp (.i.e. each individual visit to the Ruatoki bush camp resulted in one firearms charge). As an example, when arrested one defendant originally faced 3 charges, then at depositions the number of charges  rose to 13, but now has returned to the original 3 charges. Even so, the number of individual charges is in the dozens.

With regard to bail. Remember that in their original statements the Police were opposed to bail for the accused, citing the imminent threat they posed to the community. That has all changed. The most onerous bail conditions have been lifted and travel restrictions relaxed although not completely removed. It is my understanding that Tame Iti will again travel to Europe this summer to perform more Shakespeare (Iti was allowed to travel abroad earlier this year in order to participate in theatrical productions in Europe) and Urs Singer has been allowed to visit his ailing parents in Europe as well (the irony of Tame Iti doing Shakespeare in European theaters–as a sort of cultural ambassador, if you will–while on trial in NZ is not lost on me, but I shall avoid mentioning that in my summation below simply because there are other ironies worth noting. But it does point to how serious a threat to the security of Aotearoa he is considered to be by the government).

Then there is the issue of the means by which the case was constructed, to wit, the human and electronic surveillance and wiretaps used to monitor the accused. The Solicitor General’s decision to not invoke the TSA proved to be problematic for the government’s case, since much of the means by which the activists were tracked and evidence gathered were only allowable under the TSA. With no TSA charges on the menu, the admissibility of the evidence collected under its provisions was open to legal challenge. That soon came.

In August, applications  were made by the defense that all search warrants, in-person covert surveillance (conducted by the Police Special Tactics Group) and stationary covert cameras were illegal. By and large, the defendants won that part of the argument. In September the presiding judge declared at least 6 of 9 warrants illegal, specifically declaring illegal all in-person covert surveillance and stationary cameras. The latter was deemed illegal because the police trespassed onto private land in order to install the cameras (it is not currently possible to get a warrant for surveillance cameras on private property in NZ). The Police Special Intelligence Group tried to justify its actions by claiming in retrospect that they sought judicial oversight in doing so (presumably with reference to the TSA). In reality, they knew at the time that they couldn’t get warrants for such activity without the TSA, but did so anyway. Now that evidence is inadmissible. Even so, the government won on excluding text messages, and it remains to be seen whether the defense will challenge that ruling in the Court of Appeal. (A good summary of the decision is available here).

 The second stage of this application was heard in September and a decision is still pending. Under Sec 30 of the Evidence Act, in order for evidence to be ruled inadmissable, it must be found to be both illegal and unreasonable. This differs greatly from the US where it follows quite logically that activity which is illegal is by nature unreasonable, but the police in NZ are given a much greater benefit of the doubt on this matter. This is an important distinction, because that means that even if the evidence is deemed to have been illegally obtained, it still can be ruled admissible in a NZ Court if it is deemed “reasonable.” QC Harrison has consequently made submissions about why inclusion of this evidence was unreasonable. The main thrust of his argument is that the police’s trespass was sustained, deliberate and knowing. It happened over a period of nearly a year on land that was clearly private property. The judgement is still pending on this part of the defense motion. Whoever loses is very likely to appeal because the case could well hinge on the disputed evidence.

In the last weeks  the defense has making an application for a stay of the proceedings based on pre-trial publicity. In essence, that the case has been so prejudiced that the Urewera 18 cannot get a fair trial. Interestingly, the most recent  precedent for such an application was made by the same two lawyers on behalf of the two suspected Mossad agents who
were arrested for attempting to procure false passports in 2005.

The defendants are next due to appear in court in Auckland in mid-December. For those interested, the hearings are open to the public but those attending should expect increased security measures and the possibility of Crown objections to their presence if it is considered injurious to their case (the Crown has already objected to filming of the hearings for documentary purposes).

So what are the ironies of the case so far? Well, for starters there is the parallel with the Zaoui case. In both instances the government began by throwing out unfounded accusations of “terrorism,” only to see their case for it crumble under legal scrutiny.  For all the talk of terrorism, it was the Police Special Tactics Group, not the counter-terrorism component of the NZSAS or the specifically-trained Counter Terrorism Tactical Assault Group (CTTAG) who conducted the surveillance and led the raids (which indicates that the government did not take the threat of terrorism seriously enough to justify use of the forces designated for that role). The money spent on the prosecution and legal defense of both cases is also on a par, if not more in the latter instance.

Another irony is that the arms dealer who (allegedly) supplied information to some of the defendants about how to construct silencers, on how to modify a starter’s pistol into a real weapon, and who allegedly provided instruction on how to convert flare grenade launchers into the real thing, has not been charged with a single offense (reportedly due to his being a Police informant).

For its part, rather than strengthen criminal law to deal with politically-motivated criminal conspiracies in light of the “unworkability” of the TSA (thereby avoiding the authoritarian penchant to create a different category of “political” crimes labeled as “terroristic”), National has re-introduced a Search and Surveillance Bill first proposed by Labour last year in which powers of search and surveillance would be expanded dramatically (to include warrantless searches, eavesdropping and tapping of computers and phones) by a broader range of government agencies–including local administrative authorities! The irony is that, rather than use the Urewera case as an example of how NOT to conduct a criminal investigation against political dissidents, the government has instead moved to relax legal restrictions governing covert monitoring of suspects, including on private property (i.e., the exact practices that were deemed illegal in September by the presiding judge in this case).

But the ultimate irony may be this. According to defendant Omar Hamed, “October 15 was a reminder that the state is not our friend. It is a violent, colonial, racist institution that serves the interests of the corporations and the ruling class. Well organised, anti-statist, defiant communities pose a threat to the state and colonial capitalism…” (taken from a passage included in the exhibition catalogue for the Arts auction “Explosive Expression” held to raise funds for the Urewera 18 on October 16, 2009 in Wellington). And yet it is this purported colonial, racist and corporate justice system that has allowed the Urewera 18 to formulate and fund a defense that has successfully challenged the case against them so far. It would seem that, at least in this case, utu  (as both justice and revenge) does in fact come in colonial garb.

My view is that by the end of the process a majority of the defendants will be acquitted and only a handful will be convicted of minor firearms violations. It will be left for the NZ public to decide whether the entire affair was worth the effort, and whether indeed, if ever, there were the makings of a terrorist plot percolating in the Ureweras.

PS: I have some inquiries out at the moment that might allow me to update the status of the case. If so, I shall do so post haste and append a notification at the end of this post.

PPS: This post has been updated to reflect my remembering of another irony regarding the government response to its failures in this case (see irony #3 above) as well some fine points regarding the charges.

From this morning’s DomPost

Nineteen young women have been sexually assaulted after partying in Wellington’s central city this year, with most too drunk to remember what happened.

Police say the number of attacks on drunk young women is growing. “They are binge-drinking, make poor choices and can’t keep themselves safe,” Detective Senior Sergeant Paul Borrell said. “That’s a worry and that’s the preventable part of it.”

I won’t even try to compete with Queen of Thorns ability to express (out)rage, so this is after several deep breaths.

Is Detective Senior Sergeant Paul Borrell seriously intending to say that women are responsible when someone sexually assaults them? And that addressing rapists’ behaviour is not the way to prevent rape?

To be fair to him, he does go on to say that

“It’s up to friends of victims and potential offenders to do something about it. In my view, if something does happen, all of us have failed that person.”

So apparently it’s not entirely the young victim’s fault, it’s also the responsibility of her friends and (yay) the rapist’s friends, oh and pretty much everyone except the rapist (whose behaviour is apparently unpreventable).

I’ll leave the final words to Helen Sullivan, Wellington Sexual Abuse Help Foundation general manager, who says what the Police should have

“Why should the whole responsibility for a situation be put on women? The bottom line is we should be able to walk down the street or do anything without the threat of sexual violence.”

As a propaganda geek, I’m concerned (some might say paranoid) about surveillance and its growing use as a means of social control, or as a tool to gather information used to justify and enact other social control mechanisms. Surveillance is the flipside of propaganda, and propaganda systems of social control can’t function properly without the feedback which surveillance provides; effectively, without surveillance, the controller is blind. This encompasses both the hard kind (cameras, enforced ID checking, enhanced search and detention rights) and the soft kind (data mining and data matching, consumer profiling, and so on). For this reason I don’t have a Facebook account, or a Fly Buys card, and I don’t use my gmail account for anything much other than website registrations as a spamtrap; and everything into or out of my webserver in Texas is encrypted. Although since they decided that registration wasn’t mandatory I do have a Snapper card (I wrote about potential surveillance problems with Snapper a bit over a year ago). I feed it with cash. Note: I’m not paranoid about hiding my identity; I’m paranoid about what other information might be matched to it and how an interested party might use that information to target me for use as part of their agenda.

Anyway. Surveillance is becoming increasingly ubiquitous, as people trade off privacy against security, but the problem is that the trade-off is implicitly framed as a matter of who you choose to trust – the ‘crims’ (those with something to hide and therefore something to fear), or those who maintain that security (and who necessarily have greater powers to put that information to use).

I’m working on a project at present which involves reviewing a great deal of media coverage about antisocial behaviour in Western Australia, and surveillance appears widely regarded as the key to cracking the (apparently endemic) problems they have over there. These include:

• Cameras in streets, cameras in parking lots, cameras on nightclub doors; cameras above dance floors, cameras everywhere, in many cases mandated by liquor licensing regulators
• Rights for police and other authorities to access footage in real time
• Fingerprint scanners on club doors
• The requirement to ‘sign in’ to clubs by giving over your ID as a condition of entry
• Systems by which one club can (must? not sure about this) immediately share its patron database with other clubs in the area, so if a patron is ejected from one club they are barred from them all
• Powers for police and licensing regulators to ban ‘problem patrons’ from every single licensed premise in the state for a period of up to five years, without them having been found guilty of any offence

Frankly, it’d be enough to put me off going to the pub. The culture there has become so accepting of surveillance that this is generally unquestioned by those in authority, and the electorate demands nothing more of its representatives. Perhaps even worse is the UK, whose national ID card scheme was the subject of an excellent but unsuccessful counter-propaganda campaign.

While we have some surveillance cameras (most notably in Queen Street and central Christchurch) and a reliance on RFIDs (in passports, for instance), and we have a police culture of aggressive surveillance and with strong authoritarian tendencies, things aren’t so bad in New Zealand. So it is with some dismay that I read yesterday’s op-ed by Chapman Tripp solicitors Simon Peart and Richard May on the NZ Herald website which warns of the alarming powers of surveillance and social control which could be exercised by regulatory bodies including the Commerce Commission, the Reserve Bank (!) and MAF under the newly (and quietly)-introduced Search and Surveillance Bill. They really are quite alarming – the right to covertly surveil ordinary citizens in their own homes, the extention of enforcement powers normally the preserve of the police to other regulatory bodies, the right to infiltrate and surveil computer networks and to secure premises against their legitimate owners, and, frighteningly, the nullification of legal privilege in some communications. Read the article. Read the bill if you can spare the time (it’s 196 exhausting and obfuscatory pages).

As I said, this comes down to trust. The problem is that, even though I generally trust governments, I don’t trust their regulatory and social control agencies which are not subject to electoral veto. That’s the problem with this bill – it seeks to remove the matters of surveillance and investigation from the political sphere where it belongs and create a new surveillance culture norm in NZ.

Edit: I have somehow missed the Gordon Campbell’s excellent piece on the same topic. Read that, too.

L