Excessive burden? USA not contributing to NZ’s $5.8m Dotcom case costs

Kim Dotcom outside New Zealand's Parliament

Crown Law has provided figures under the Official Information Act on the money and time spent in relation to legal work completed in respect of Kim Dotcom and his associates which amounts to more than $5.8 million.

Crown Law writes that the United States Department of Justice is not reimbursing New Zealand for any of these expenses, even though the cases largely relate to charges that they wish to bring against Mr Dotcom and his associates.

Crown Law hours spent

The figures:

  • are as at 8 February 2017;
  • include work on both domestic and mutual assistance (United States initiated extradition) legal proceedings;
  • exclude work completed to provide advice to other Government Departments, for example the Police or the GCSB who respectively picked up the bill for Crown Law’s advice to them; and
  • include most Crown Law legal staff time and some support staff time.

2011: 432.10
2012: 7,356.67
2013: 4,087.50
2014: 5,742.27
2015: 4,911.80
2016: 3,207.26
2017: 4.77
Total: 25,742.37

25,000 hours.

Using a conservative estimate of the value of the time spent ($140 per hour,1 which is the rate a Crown Law junior prosecutor would be billed out as – senior solicitors’ time is likely worth more, support staffs’ likely less), this comes to around NZD $3.6 million.

Disbursements

New Zealand has also covered the bill for work completed by external counsel on Crown Law’s behalf and expenses paid by Crown Law in relation to the Dotcom/Megaupload matters – another NZD $2.2 million.

This includes: $1.98 million on external barrister/solicitor fees, $171,800 on travel and accommodation, $23,151 on Court filing fees, $20,125 on photocopying, and $17,356 on professional fees including research material.

An excessive burden?

At least NZD $5.8 million has been spent on Kim Dotcom et al. by New Zealand so far, and it begs the question: was it worth it?

Should we have refused the United States’ mutual assistance request when it was made? Section 27(g)(i) of the Mutual Assistance in Criminal Matters Act 1992 allows New Zealand to refuse a request made by a foreign country if “in the opinion of the Attorney-General, the provision of assistance would impose an excessive burden on the resources of New Zealand”.

Kim Dotcom had hundreds of millions of dollars worth of assets before the raid on his home and it’s not a shock that he has aggressively defended the cases brought against him.

If spending $5.8 million+ has not been an excessive burden on New Zealand, what amount would be?

1 This is a lower rate to that used by David Fisher in his September 2015 article of $198/hour.

Image credit: Sarah-Rose


The full response from Crown Law, including the breakdown of expenses incurred is embedded below.

Peter Thiel’s New Zealand Citizenship File

Peter Thiel

At around 5:15pm today the Department of Internal Affairs released some of the information they hold on Peter Thiel’s application for New Zealand citizenship, emailed on mass to those who had made requests under the Official Information Act.

Peter Thiel has never lived in New Zealand and doesn’t plan to live in New Zealand. He’s a controversial figure. We looked past that because of a few New Zealand business investments, public speaking engagements, and a donation to the Canterbury earthquake relief fund.

Neil Strauss wrote a book in 2009 called Emergency about disaster preparedness. In one part he investigates the trend of the super rich applying for secondary citizenship in another country. They wanted to be prepared when “the shit hits the fan” by having a Plan B country to retreat to if there was some sort of disaster. Strauss said New Zealand would be a great country to have citizenship in but that our requirements are so strict. He settled for Saint Kitts and Nevis.

When you’re Peter Thiel and are worth US$2.7 billion, I guess you don’t need to settle.

Thiel has his Plan B, New Zealand, but don’t expect to see him around unless the world is falling apart.

Highlights and the full documents are embedded below:


DIA’s PDF document released 1 February 2017

Image credit: Heisenberg Media CC-BY-2.0

MBIE’s Chief Engineer on a reduced standard of earthquake repairs in Canterbury

Earthquake damaged buildingThe Ministry of Business, Innovation & Employment has released a 2013 briefing to the Minister of Housing Hon Dr Nick Smith written by their Chief Engineer.

The Minister asked about a reduced standard of repair for older properties “particularly in the context of Housing New Zealand [properties]”, however the Ministry’s response is still illuminating:

  • There is no reference to the Earthquake Commission Act 1993 and the standard of repair required by the Act.
  • Although a building may have been damaged, the Ministry provided a list of scenarios where “no repair is required”.
  • Minimising cost and avoiding obtaining engineering advice for individual properties were primary considerations of the Ministry.
  • The Minister was concerned with avoiding “excessive” money and time spent on earthquake recovery.

The full document is embedded below.

Submissions on petition to reverse convictions for consensual homosexual acts close tomorrow

Bert and Ernie

Submissions on a petition in front of the Justice and Electoral Select Committee to reverse past convictions for consensual homosexual acts and issue an official apology to those convicted close tomorrow (Thursday 6 October 2016).

You can submit online here.

My submission:

I support this petition to reverse the convictions of people who were convicted of consensual homosexual acts and for the Government to officially apologise to them.

I strongly disagree with Justice Minister Amy Adams who has said that the process would be a hugely complicated task. It would not be onerous for the Government to set up a process to proactively review conviction files to void convictions for consensual acts which would be legal today.

Implementing the above would work towards restoring the human rights of those whose mana and dignity has been tarnished.

Image credit: See-ming Lee

Minister Peter Dunne’s Uber expenses actually for luxury car service

The Office of the Minister of Internal Affairs, Peter Dunne, has confirmed that two trips declared as Uber rides in Minister Dunne’s international travel reconciliation form for a trip to the United States were actually for a luxury car service.

A staffer writes that the transactions to Kelley’s Luxury Car Service “were mislabelled [as Uber rides] on the expense form due to a case of mistaken identity of the company involved”.

The two trips between Newark Liberty International Airport and “accommodation in New York for Ministerial staff while on ministerial business” cost USD $92 and USD $102.

Uber estimates that an uberX fare between Newark Liberty International Airport and a Midtown hotel, The Westin New York Grand Central (where Minister Nicky Wagner stayed while in New York), would cost between USD $43 and USD $50. It is unclear which hotel Minister Dunne stayed at.

Uber fare estimate between Newark Liberty International Airport and The Westin New York Grand Central

University of Canterbury must improve crisis student communication and support

Need help? In New Zealand, you can call Lifeline on 0800 543 354, Youthline on 0800 37 66 33 or find out about other crisis services here.

Student communication

University of Canterbury James Hight libraryOn 22 July 2016 a woman was sexually assaulted while walking through the University of Canterbury owned Ilam Fields.

In response to a request from the Police, who informed UC Security of a “physical assault”, an email was sent to all students that day.

On 24 July 2016 a reporter from The Press contacted the University in response to the Police releasing a statement to the media. The Police told The Press that the assault was actually a sexual assault, and this fact was published in an article that day. In response to an Official Information Act request, most of which was initially declined, the University said that “the Police appeared not to have told the University of the sexual nature of the incident before telling the media”.

However, the University did not inform students of the sexual nature of the incident after it became public knowledge. The assault was alluded to in a 28 July UC blog post, which included 10 ’safety and security tips’ and a list of ’support for students’ links, including a link to the UC Health Centre. This content was also included in the next edition of the ‘Insider’s Guide Newsletter’, a weekly digest sent to all students, on 31 July.


Last night a student died suddenly at the Rochester and Rutherford Hall of Residence.

The death has been reported as sudden and not suspicious, often used by the media as code for a suspected suicide.

UC acting vice-chancellor, Dr Hamish Cochrane was quoted by the media as saying “all the university’s students and staff were advised [Sunday], and made aware of the support available”.

Communication to students consisted solely of a UC blog post listing four UC support services that are available to students, including the UC Health Centre. Links to blog posts appear for a few days in the sidebar of Learn, UC’s online learning management system which is regularly accessed by students and staff. However, no email was sent to students, and there was no acknowledgment that a student had died.

Late on Sunday night, a link to the blog post was included in the ‘Insider’s Guide Newsletter’ emailed to students.

UC Health Centre Counselling under pressure

Students are struggling to access support.

The UC Health Centre provides free counselling to UC students, however their website states that counselling appointments “are in high demand [and] you may have to wait a few weeks to be seen”. During office hours there is an on-call counsellor to deal with students facing an “emergency situation”.

During this year’s UCSA elections one group of candidates asked students on Facebook which one out of four campaign policies they thought was most important. “Increased mental health awareness and support” was voted second. In response to a question asking how the UCSA should help support those with mental health issues, students voted overwhelmingly for “increased health centre funding for more counsellors”.

Students wanting to skip the UC Health Centre counselling waiting list could choose to pay for sessions with a private counsellor or psychologist. Students may be eligible for the disability allowance, however there are restrictions, including a maximum payment of $61.69 a week (appointments with private psychologists can cost $150 or more).