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

Submission on the Bill extending benefit sanctions to people serving community sentences

Stacks of coins

My submission on the Social Security (Stopping Benefit Payments for Offenders who Repeatedly Fail to Comply with Community Sentences) Amendment Bill:

This Bill would extend the sanction regime to people on benefits who have a community sentence and who fail to comply with that sentence.

I note that section 186 does not give those people already on community sentences a grace period before this sanction can be applied to them.

This Bill highlights failures in the New Zealand justice system and does not address the underlying causes of non-compliance with community sentences.

A very concerning part of this Bill is that it would negatively affect children. If the Ministry of Social Development knows a child is dependent on the person whose benefit they propose to cut, the benefit can still be cut, but “only” by half. On the levels that benefits currently are, cutting a benefit in half will still be devastating for a family, and for the welfare of a child.

A person’s benefit can be restarted if they start to comply with the community sentence, but it’s unclear how they will be able to comply with their sentence if they have no money for transport. They might also not have money for food, rent, power or health costs – things that we recognise as minimal entitlements of prisoners. This Bill might push vulnerable people to committing petty crime in order to survive.

Our social security legislation should be a safety net. This Bill will further erode that. It will not make a positive difference to people or to society. It will not “rescue” people from their situation. It will not rehabilitate them. It will not increase public safety.

The Department of Corrections should be given more resources to take practical steps to address non-compliance. This Bill is not one of them.

Image credit: Nathaniel_U

No money spent by airports on ‘lost luggage’ auctions

Airport passengers with luggage

Last month the member’s bill of Nuk Korako, a National Party list MP, was drawn from the ballot. The Airport Authorities (Publicising Lost Property Sales) Amendment Bill will replace, in relation to the advertisement of lost property auctions: “the insertion of suitable advertisements in a newspaper circulating in the district where the airport is situated” with “publicising the sale in what the authority considers to be a fair and reasonable manner”.

The Bill is unnecessary

The explanatory note to the Bill says that it “would allow authorities to use modern means of communication as well as future, unforeseen, means of communications as the airport authority may determine fit.” This isn’t true. The current Airport Authorities Act does not restrict airports from advertising any auction in new media. If airports wanted to advertise their auctions on their website, Facebook, or Snapchat, there would be nothing stopping them.

The Airport Authorities Act only provides a suggested template for what airports may wish to include in any bylaws they create. The Act states:

any local authority or airport authority may, in respect of the airport which it operates, make such bylaws as it thinks fit for all or any of the following purposes:

 

 

(ff) providing for the establishing and maintaining of facilities at the airport for the reception and storage of lost property, and, after the insertion of suitable advertisements in a newspaper circulating in the district where the airport is situated, providing for the sale by way of auction of any such property that is unclaimed after being held by the authority for not less than 3 months:

 

provided that in the case of lost property which is perishable or valueless the bylaws may provide for the disposal of the property in such manner as may be determined by the authority

This does not mean that airports must have this as a bylaw. Many airports do not have any bylaws at all. Hawke’s Bay Airport has a lost property bylaw, however it only requires that those finding lost property hand it in.

It follows that if an airport does have a clause requiring the advertising of a lost property auction in a local newspaper, for example, Auckland International Airport, amending the Airport Authorities Act will not change that bylaw. The airport would have to have the bylaw changed, which could happen even if Mr Korako’s Bill does not pass.

Airport lost property auctions are rare and advertising them is free

I asked eight airports how much money they spent on advertisements for lost property auctions within the last year. Of the six that replied, only one airport, Dunedin Airport, has held an auction and placed an advertisement for it in the last year. The cost to them? $0. The Otago Daily Times doesn’t charge them.

The responses from the airports are below this post.

Airports don’t care

Airports don’t have an issue with this part of the Airport Authorities Act. The Ministry of Transport did not receive any submissions on this part when they were reviewing airport legislation.

In any case, minor and technical changes to acts can be made through the annual Statutes Amendment Bill.

To be fair, Mr Korako isn’t solely to blame. Minister Simon Bridges had the opportunity to include this Bill as part of the Ministry of Transport’s review of the Airport Authorities Act, but chose not to. It’s more convenient for the government that Mr Korako’s bill reduces the chance an opposition member’s bill will be drawn.

A similar bill that should be included in the Statutes Amendment Bill instead of taking up Parliament resources is Matt Doocey’s Companies (Annual Report Notice Requirements) Amendment Bill which also was recently introduced to Parliament.

The government wants to block bills from opposition members that might make them confront difficult issues that aren’t on their agenda. This Bill is a waste of Parliament’s time and resources, and as Andrew Geddis said, we, as New Zealanders, deserve better.

Airports respond

Queenstown Airport

Queenstown Airport has a bylaw that covers lost property, however it has not held an auction within the last year, instead it has donated property to the Salvation Army. The property was not of significant value and included: second-hand clothing, sunglasses, reading glasses and books.

Christchurch International Airport

Christchurch International Airport has a bylaw that covers lost property, however the airport has not placed any lost property auction advertisements within the last year.

Dunedin Airport

Dunedin Airport is the only airport that replied that has placed an advertisement for a lost property auction within the last year. They are not charged for placing the advertisements, which run in the Otago Daily Times.

Their policy is to advertise lost property twice in the Otago Daily Times with all property being held for at least three months before being auctioned. Any remaining property is donated to charity. Any valuable item or identity documents are handed to the airport police

The Airport provided an example of an advertisement they have recently run.

Invercargill Airport

Invercargill Airport has not placed an advertisement for a lost property auction within the last year. They donate lost property to charity or give it to the police.

Invercargill Airport does not have a bylaw relating to lost property. They have a lost property policy from 2012, and a draft replacement policy written in 2015 that has not been approved.

Hokitika Airport

Hokitika Airport has not received any lost property since 2002. They have no written policy on lost property. In practice, any lost property is handed to Air New Zealand staff as it likely belongs to one of their passengers or someone accompanying one of their passengers and Hokitika Airport staff are not present at the airport on a regular basis.

Hawke’s Bay/Napier Airport

Hawke’s Bay Airport has a bylaw relating to lost property, however the bylaw does not cover the disposal or auction of that property.

They have not placed an advertisement for a lost property auction within the last year.

Auckland and Wellington International Airports

Auckland and Wellington airports are not subject to the Official Information Act. Auckland International Airport reportedly donates at least some lost property to charity. Wellington International Airport passes valuables to the police.

Nelson and Palmerston North Airports

Nelson and Palmerston North airports did not respond to an Official Information Act request within the statutory timeframe.

Image credit: Monika

Minister of Internal Affairs Peter Dunne incorrectly declared Ministerial credit card transactions as Uber rides

Hon Peter Dunne
Hon Peter Dunne, Minister of Internal Affairs

On 18 August the Department of Internal Affairs proactively released Ministerial credit card statements and reconciliations for the previous quarter.

Peter Dunne, Minister of Internal Affairs, made two payments on his Ministerial credit card in April while on official travel in New York through the payment processor Square. Square is a service designed for individuals or businesses to accept payments through an application on a phone or tablet. The payments were for the equivalent of NZD $137.56 and $152.69.

These were declared in his international travel reconciliation form as payments for Uber taxis.

The receipts for these transactions show these were clearly payments through Square, and not payments for Uber rides.

Receipts for Uber rides are sent by Uber and look very different to the receipts provided by Mr Dunne. Uber receipts include details of the pickup and destination locations, miles, and trip time.

Mr Dunne’s office refused to comment on what the payments were for, stating questions asked would be responded to in accordance with the Official Information Act.

Image credit: New Zealand Tertiary Education Union

Deaf In Parliament? Pay Your Own Way

Or not.

How this is not crystal clear to the powers that be in Parliament, I’m not sure.

Lockwood Smith, the speaker in Parliament, seems to think that transcribing services for Green MP Mojo Mathers, who happens to be deaf, should come out of her budget or the Green Party budget. Parliamentary Services has paid for and installed the technology needed, but don’t seem to be willing to pay for the people required to run it.

If someone has a disability, they should not have to use their budget that is for representing their people to the best of their ability, just so they can fully participate in Parliament.

This issue does not just apply to Mojo Mathers. It applies to any person who is deaf who faces these barriers in their life because of ableism, including at work. It applies to any person who is deaf who wants to tune into Parliament TV and have closed captions available for them. It will apply to any future MPs who are deaf.

Lockwood Smith is meeting with the Parliamentary Services Commission on March 7, but you have to ask: how long has he and others known this would be an issue?

 

Here is a petition on Change.org urging the Government to pay for live closed captioning of debates in Parliament.

Image credit: U.S. Department of Agriculture

The Best or Worst Flowchart Ever

Depending on whether you want MMP to stay or go.
2011 Referendum Election Flowchart2011 Referendum Election Flowchart
(Click for larger versions)

Alongside the general election this year on November 26th, voters will also be voting on whether they support the MMP voting system or would prefer to change to another system. There will be two parts to the referendum (both are optional, so someone could vote for neither parts, both parts, just the first part or just the second part):

  • Should New Zealand keep the Mixed Member Proportional (MMP) voting system?
    • I vote to keep the MMP voting system
    • I vote to change to another voting system
  • If New Zealand were to change to another voting system, which voting system would you choose?
    • I would choose the First Past the Post system (FPP)
    • I would choose the Preferential Voting system (PV)
    • I would choose the Single Transferable Vote system (STV)
    • I would choose the Supplementary Member system (SM)

If at least half of the voters vote to keep MMP, there will still be an Electoral Commission review of it in 2012. If at least half of the voters vote to change the voting system, Parliament will decide if there’s another referendum in 2014 (Stuff has reported it as 2016, but it’s 2014 on the Elections 2011 website) to choose between the most popular alternative (according to the second part of this referendum) or MMP.

STV is probably the only other roughly proportional voting system, with the number of MPs elected reflecting the total share of the party’s votes across the country. However some people might feel their STV vote is useless because if they are in an electorate that predominantly supports, say, National, their vote for a, say, Green MP won’t “count” towards the Green party at all unless the Green MP wins that electorate. MMP is still the best system and results in a proportional and representative Parliament.

It’s arguable that few people actually know how our current or past election systems work(ed), even after having them in place for years. No information explaining the different systems was included in the flowchart’s mail out, except saying that more information will be, I assume mailed out (what about the [email protected]@), closer to election day and that information is also available on the Elections website. However, most people are inherently lazy and are unlikely to seek out additional information themselves. This will probably benefit the status quo.

Tweeting on election day

The Electoral Act prohibits “electioneering” on election day (midnight-7pm), meaning it’s illegal to distribute statements likely to influence voting decisions. The fine for electioneering on election day is up to $20,000. Chief Electoral Officer Robert Peden says that social networks (Twitter, Facebook…) are covered by the ban and will be checked on election day for influencing material. He says “For a long time, the law has allowed for campaign-free election days, and my sense is that New Zealanders like it that way and so it’s not really in people’s interest to do things like tweet and breach the rules.”

This is stupid.

Amanda Palmer quite accurately compares Twitter to a bar. It can be great and you can find some really interesting people using it, or sometimes you can have inane conversations about nothing. The bar analogy also works for how tweets are shared. Tweets are only “sent” to users that “opt in” to receiving them, just like someone opts in to a conversation in a bar. Maybe they overhear part of a conversation, or are aware of it because their friends are involved, but they can choose to ignore it or join in themselves. This is just like Twitter: you could be aware of a conversation or tweet because of search, through someone you’re following on Twitter, or looking at profiles, but you’re able to ignore the tweet, unfollow or block the users involved if you don’t like it.

Social networks are clearly different to someone erecting an election sign in their front yard and tweeting to a relatively small number of users who have opted in to receiving your tweets shouldn’t be considered ‘seeking to influence the public’ even if it is about who you’re supporting in the election.

In Canada, Twitter users are unhappy about a law that bans the premature transmission of election results—mentioning election results in Montreal in the east before the booths have closed in Vancouver in the west, with a fine of up to $25,000. Users of social networks realized that this applied to them and for their May 2nd election protested against the rule by tweeting the results of the election using the hashtag #tweettheresults.

It would be awesome if something like that happened here (but I obviously wouldn’t condone it).