Monthly Archives: December 2010

Justice delayed, now denied.

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

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

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

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

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

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

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

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

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

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

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

Felizes Fiestas y Prospero Ano Nuevo a nuestros lectores.

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I am spending Xmas in Otago with my partner’s family and just wanted to wish our readers the best for the festive season and a very happy, healthy, prosperous and productive New Year. KP has built a faithful cadre of intelligent readers and commentators, and we continue to chug along nicely in our niche of the blogosphere. Much thanks for contributing to our modest success. And thanks to Lew and Anita for being such good collaborators even in the face of obstacles and other pressing business.

As for me, I have already received the best Xmas present I could possibly hope for: my partner has been offered a job at a NZ university so we are both coming back permanently in 2011. I may no longer be in academia but at least she is and I can work on the consultancy without fear of losing everything if it does not work out. Plus, once back in NZ we can write our collaborative and individual articles about the SE Asian country we have lived in the past 3 years without fear of deportation or defamation lawsuits. There is much material that needs to see the light of day, so I am looking forward to being able to put thoughts to paper on that score.

In any event, may your holidays be as happy as mine.

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

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

NZ wiki cable number 2.

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

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

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

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

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

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

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

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

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

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

Embedded journalism, war correspondence and PR farce.

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

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

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

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

You can find the show here.

Playing us for suckers.

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

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

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

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

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

One wonders what National’s  private logic is.

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

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

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

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

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

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

For those interested in serious journalism, in Auckland.

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WELCOME TO THE MEDIA, INVESTIGATIVE JOURNALISM & TECHNOLOGY CONFERENCE 2010

Kia ora – see you all in Auckland this weekend.

The latest Pacific participants are Koroi Hawkins, chief-of-staff of Television One Solomon Islands, and publisher Kalafi Moala of the Taimi Media Network in Tonga, who are supported by the New Zealand National Commission of UNESCO. The final programme has been posted. Check it out here with the linked poster below. Registrations are still open.

Conference poster can be downloaded here

Practitioners, journalists, academics, researchers and students who work in the creative industries are invited to participate in a Fourth Estate “conversation” at the inaugural Media, Investigative Journalism & Technology Conference 2010.

The conference will be held at AUT University in Auckland, Aotearoa/New Zealand, on December 4 & 5, 2010. This international conference is dedicated to exploring investigative journalism and documentary techniques, methodologies and technologies of critical value to public interest issues and to identify and support journalists, photographers and film makers facing pressures and obstacles.

Pressures faced by investigative journalists include resistance from publishers, editors – due to time and resource constraints – and also post-publication issues such as legal and related to contacts. Investigative journalists risk being isolated where a professional media environment fails to encourage probing Fourth Estate-style reportage.
It is hoped that a legacy of the conference will be the establishment of a collaborative and supportive group dedicated to investigative journalism in Aotearoa/New Zealand.

Academic papers will be peer-reviewed. Papers and presentations (commentaries) from the conference will be considered for publication in a double blind peer-reviewed special edition of the Pacific Journalism Review in May 2011.

South Pacific and diversity investigation case studies are particularly welcome. Also, a broader range of papers on media and democracy are encouraged.

Confirmed keynote speakers include Kunda Dixit, editor of the Nepali Times and a leading Asia-Pacific investigative journalist, and Professor Wendy Bacon, director of the Australian Centre for Independent Journalism, and leading New Zealand investigative journalist and author Nicky Hager. Dixit will be visiting NZ as the PMC’s 2010 Asian Journalism Fellow sponsored by the Asian New Zealand Foundation.Another keynote speaker is Barbara Dreaver, Pacific correspondent of TVNZ, who has covered many high profile news stories in the region such as the George Speight attempted coup in 2000 as well as investigating many scams and hushed up political deals. The conference will also feature an exhibition of a collection of photojournalism and peace journalism Frames of War, comprising investigative images of the 10-year Maoist War in Nepal, and excerpts of emerging investigative documentaries such as Jim Marbrook‘s Cap Bocage about an environmental and mining conflict in New Caledonia. Shailendra Singh of the University of the South Pacific will present a paper about investigating corruption in Fiji, and Patrick Matbob of the Divine Word University will speak about investigative journalism in Papua New Guinea.

A special Masterclass investigative journalism course will be run for younger journalists and postgraduate student journalists involved in investigative journalism courses on the Sunday, convened by Simon Collins of the New Zealand Herald and James Hollings of Massey University. A parallel peace journalism workshop will be convened by Dr Heather Devere of the National Centre for Peace and Conflict Studies at Otago University and Ruhksana Aslam, a journalist and journalism educator from Pakistan.

We look forward to welcoming you to Auckland in December 2010.

Associate Professor David Robie
Conference Chair
Director, Pacific Media Centre, Auckland University of Technology

 
 

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