About Anita

A Wellington feminist wondering how to make politics something real people can do.

s169: enshrining a murderer’s right to blame the victim

Clayton Weatherston put a knife in his bag, went to his ex-girlfriend’s house and stabbed her to death. He admits to all of that but he is pleading not guilty to murder, and s169 of the Crimes Act means he may only be found guilty of manslaughter. s169 says that blaming her is a defence, it says that if she provoked him and he killed her it is not murder.

It sounds far fetched, but it’s happened many times before. In 2006 Tevita Noa was found not guilty of murder; he had beaten his wife to death with a cricket bat after finding explicit photos on her cell phone. Amsheen Arif Ali stabbed Colin Hart five times, only manslaughter because Hart had made sexual advances toward him. Phillip Edwards bashed David McNee in the face 40 times, stole his car and possessions and boasted about it afterwards, only manslaughter because McNee, paying Edwards for sex, had touched Edwards’ anus.

s169 enshrines blaming the victim in law – it says that in New Zealand a man may beat a woman or a gay man to death as long as it’s their fault, her fault for wanting to leave, his fault for being gay.

In 2007 the Law Commission recommended the repeal of the section and … nothing.

Earlier this year Simon Power’s office told me

I expect to consider these proposals later this year, and will assess, at that stage, how any reforms of this nature might fall within the Government’s current legislative priorities.

But … nothing.

So, if you want to live in a country which doesn’t enshrine victim blaming in law, write to Simon Power and ask him to repeal s169 of the Crimes Act, ask him to treat the murder of wives, gay men and ex-girlfriends as murder.

[Many thanks to Idiot/Savant who has kept this issue on the agenda]

Privatise the profit, socialise the risk – Increasing private health care provision

National are, true to prediction, privatising health provision. Also true to prediction they are doing so in a way that gives all the wins to the private sector and keeps all the financial risk for the taxpayer. Private providers may look low cost, but that’s only because they transfer huge amounts of cost to the public sector in terms of both management and back-stop services.

To give an example of a well known issue with private providers, every hip operation has a low very chance of complications leading to the patient spending time in an ICU.

When we cost public provision of a hip op we cost in a part of the cost of public ICU services. When we cost private provision we don’t, but we have to pay for the public ICU costs on top of the private hip op charge. That’s the first issue with the private provider efficiency – they rely on expensive back stop services being provided by the public sector. So we screw the costing model so that the private provider can make a profit off every hip op that goes well, and the public system ensures them against additional costs for the unavoidable not-so-good outcomes. Privatise the profit, socialise the loss!

The second is that there is additional cost in transferring a patient with complications from a private provider to a public ICU – we’re not only screwing the cost model to the benefit of private providers, but we’re actually incurring extra costs to do so.

Third problem? No matter who actually does the surgery “bureaucrats” are required to manage the provision, the eligibility, the bookings, the payments, etc. If one region uses eight small private providers then while each provider might look cheap and light on management there’s going be a team somewhere in the public system making sure that all the patients are allocated and treated, that the contracts are negotiated and the bills are paid and so on. Again, more inefficient that a single large provider responsible for both allocation and provision, again designed to make the private sector look lean and efficient, and the public sector bloated with bureaucrats.

Why, when so many other countries have proved that private healthcare provision is neither cheaper nor more effective thanpublic provision, when our largely private primary health provision is failing to meet demand, and when it is obvious that the private sector would only involve itself in healthcare so it could turn tax dollars into a tidy profit, is National pushing on with privatisation?

Part of the answer is ideological blindness, but part is also the make up of National and its closest friends. The links between National and the private healthcare lobby go back decades. In recent times the fundraising, personal and lobbying ties between National and the Private Hospitals Association are well documented in The Hollow Men, and a quick glance through the list of current National MPs shows just how entwined they remain, from Michael Woodhouse (ex-President of the NZ Private Surgical Hospitals Association), to Jonathan Coleman (a consultant in the medical sector) the list of Nats with personal interests in the profiteering of the private healthcare sector is deep and long.

Between ideology purity and self interest it looks like we’re on a long journey to inefficient expensive and ineffective privatised healthcare courtesy of Tony Ryall, John Key, and friends.

[This borrows from a comment I made on this thread at The Standard. Marty G has some great analysis on just how much of the current National spin about healthcare costs is … just spin]

Convincing the Police we have a right to protest

It is good to see that – after a 12 year battle – the right to protest in Parliament grounds is finally being reaffirmed. The short version is that in 1997 the then speaker Doug Kidd authorised the arrest of 75 people protesting against education reforms in Parliament grounds and later trespassed them all. It has taken 12 years for the speaker’s office and the Police to finally agree to apologise and pay compensation.

It is frustrating that in a supposedly open democratic society there are so many example of the Police and authorities trying to stifle dissent, and that it takes many years and many costly lawyer hours to get to a point the courts finally make them back down. Recent examples that spring to mind are people being arrested and prosecuted for writing in chalk on a footpath, using a loud hailer and blowing a whistle again on a public footpath, and burning a NZ flag (which required a High Court appeal). If you’re interested in more examples I found this article while I was checking I remembered the chalk incident correctly.

In theory the Police are there to protect our rights, including our right to participate in democratic protest, but it frequently feels like their main goal is to protect the dominance of the current power elite. It was interesting to see this scenario appear in the ethics training material the Police have developed since the Commission of Inquiry into Police Conduct (driven by the Police rape trials)

Ethical dilemma example 7
I would like to imagine this is a sign of a turning tide, and the Police will now be protecting our right to protest, but recent examples of deliberate and exploitative infiltration of protest groups, and the use of defenders of torturers like Mark Lowenthal by the Police for training and advice is hardly a good sign. Do these recent examples pass their own test?

NZ Police SELF test

All talk, no trousers – Labour’s position on pig farming

On Thursday last week Brendon Burns, a Labour MP on the primary production select committee, posted on Red Alert about pig farming. More precisely he said he was horrified by sow crates, and he’d had a little dig at the Minister about MAF’s Chief Vet. So far so average, aware of issues, making political mileage, but there might be more… 

So we asked, a whole bunch of comments on Red Alert and a whole bunch on a related post on The Standard, we asked “What is Labour going to do?”

You see this is an area where Labour, although in opposition, could make a real difference right now. All they need to do is say with conviction “Within two months of Labour next winning an election and leading a government we will introduce the necessary small change in legislation, and big change in the animal welfare code to ban sow crates etc[1], we would have the changes in place in our first 12 months, they would come into force 2 years later”. So every single pig farmer in New Zealand, because they might not support Labour but they know Labour will lead a government again, will know when they plan a new piggery or do maintenance on an old one, that they should make the necessary changes now, because it’s cheaper to do it now that retrofit later. So if Labour stood and and said it with conviction, the conditions of pigs would start changing – not as fast as they should, but some pigs would live less horrible lives in 2010.

But anyway, back on with the story, commenters asked what Labour would do, suggested changes that could be made, and Rochelle even offered a private members bill she’s drafted.

Brendon Burns and his Labour friends? Not a peep, not a word, not a comment. So on Saturday I bumped the post, and got a reply from Brendon Burns:

Might be that other Labour MPs are onto this but I am happy to receive suggestions on amending legislation and have a look.
And, btw, MPs are eating free range pork (and chicken.) I asked a question of Bellamys months ago and they have assured me, via their suppliers, that no sow-crate pork is used, none imported and all free range.

Yeah, that’s right, we’ve already offered a private members bill, and the best he can do is say Bellamies don’t use sow crated pork and chicken. 

But y’know he might just have forgotten to read any of the comments, so I posted another comment to check that he has actually got a copy of Rochelle’s bill and… silence.

Perhaps Labour has a Plan, and will be announcing their animal welfare policy any day now. Sadly, however, it appears that, for Labour, the suffering of pigs is nothing more than an opportunity for political point scoring.

How decidedly average.

 

[1] Where etc includes all the cruel things done to intensively farmed pigs and chooks.

How to guess the political will of the country

Logic says that the recent Key/National scandals and a week budget have got to be damaging National’s popularity, yet the polls are barely moving. l’ve been thinking about why this is and I have come up with three possibilities (others very welcome!)

  1. Outside the beltway no-one actually cares – none of the issues resonate with swing voters. Worth and Mt Albert were a side show for politics geeks, and no-one holds National responsible for the economy tanking.
  2. People are turning off National but they’re not turning to anything else. National may be losing its gloss, but Labour doesn’t look any more appetizing than it did in November last year.
  3. The election is a long way away and people will stick to their 2008 preference for a bit longer.it would seem fickle to switch allegiances so soon, and perhaps people feel they need to give Key a little longer to show his true mettle.

How, in the face of polls which simply ask how you would vote (a lagging indicator of mood), can we really judge the mood of the country?

Crosby|Textor are at it again

They appear to only have one tactic, and they’re using it again. Last night’s Media 7 had a segment on Lynton Crosby’s recently aborted defamation action against Nicky Hager. Media 7, being responsible journalists, asked Lynton Crosby if he would like to come on the show, his response was a nasty gram through his lawyers threatening yet more legal action and heavying TVNZ into not discussing the case.

  • Media 7 is here (second segment), complete with nastygram and a good discussion of how the wealthy use our archaic and overcomplicted defamation laws to stifle dissent
  • Nicky Hager’s brief explanation of the case is here
  • The full detail is here

It’s nice to know the kind of people John Key chooses to take advice from

Putting the referendum in context

Firstly, a couple of facts:
  • This is Sheryl Savill’s petition not Larry Baldock’s. Savill, a staff member at Focus on the Family‘s New Zealand organisation put this forward before Baldock jumped on the referendum bandwagon.
  • MPs from a other parties, including National (Bob Simcock) and NZ First (Brian Donnelly and Barbara Stewart), had placed bills to either repeal or amend s59 in the ballot in the past, they were just less lucky than Sue Bradford.
  • The bill received support from both sides of the house throughout the debate.
  • The bill was eventually passed 113 to 8 – it was supported by a massive majority of MPs
  • The actual text of the new s59 can be found here – it does not actually ban smacking

Secondly, in case any of you are interested in a much more wordy context I have attached, below the fold, a slightly updated piece I wrote for a different purpose earlier this year. It was written to follow on from a summary of the international context, if anyone’s really keen I can post that too :)

Continue reading

David Garrett – standing on the sidelines throwing stones at his own team

I know there’s a complex in-government/not-in-government thing, and a David Garrett is only a junior backbencher and appears to be one of the more out of control ones, but …

I’m not sure it’s a good look when Garrett publicly supports the private prosecution of two Chief Executives of government departments. His party is currently providing confidence and supply to the government which employs the CEs, and he’s on the select committee which oversees their departments.

Reading between the choices of spin

When National leaked and then announced the home insulation fund they had a choice about how to spin it. I can easily think of four options they had (I’m sure there are others):

  1. Environmental/climate-change: home insulation reduces energy consumption, thus reducing the amount of generation required, thus reducing the use of thermal generation (read thermal as burning stuff :) which in turn reduces CO2 emissions which in turn reduces the effects of climate change. 
  2. Environmental/sustainability/primary-production/innovation: NZ businesses are doing some really interesting work in sustainable home insulation using NZ’s primary products rather than imports. A nice photo op with a company making home insulation from wool and voilà, the story is about innovation, sustainability and government support for agriculture and primary production in a recession.
  3. Health/education/social-development: Insulated warm dry homes improve family health and child education outcomes by reducing sickness and deafness. Photo op: Minister visits family in recently insulated home, since insulation went in the kids are much more healthy and doing much better at school, little Moana might even trundle over to the Minister with a picture book and read it to him. PR gold – government cares for families and kiddies!
  4. Traditional-infrastructure/building sector: Insulating homes means the existing builders, insulators and contractors will have more work and will weather the recession.

National chose option 4 – why? It’s not the best PR option and it’s not the most on message, every other option had clear weathering the recession messages plus something forward looking and visionary. Instead they chose the staid dull message which appeals only to the traditional infrastructure industries.

The only explanation I could come up with is that traditional infrastructure is where National’s traditional funders and backers have come from, perhaps they wasted a golden opportunity for positive spin for a little old fashioned pay back?

This post was, in part, inspired by Zetetic’s post about National’s current lack of attention to the concerns of female voters. A couple of  their options would’ve been great options if they cared about women voters, instead they chose the spin best suited for the Fletcher Building board.

Keeping the weak ill-educated, isolated and unskilled

Adult Community Education serves two key purposes: reducing poverty and building strong skilled adults active within their communities. The National government is drastically cutting it, consigning people to lives trapped in poverty and weakening communities. 

The cuts are both deep and vicious, school ACE funding is being cut by 80% from 2010, tertiary ACE funding from 2011, and inflation indexing goes from both, and the funding to help providers develop community education vanished overnight.

National has been banging on about “moroccan cooking courses” and describing them as “hobby courses”, but the reality is very different. Firstly a quick look at any ACE provider will show a very different picture of courses from the one Anne Tolley would like to paint. My local school provider, for instance, is teaching first aid, assertiveness, anger management, effective communication, and how to teach adults – all valuable, all losing funding in 2010.

Secondly, hands on life skills courses are an effective bridge back into education. Within my extended family and network of friends I can think of several people who’ve taken a first easy step back into education through a “hobby” course, found that they could succeed in education and taken another course, and blossomed from there. A concrete example: bike maintenance -> communication skills -> effective writing -> interview preparation -> a brand new job and career. By removing the bridging courses National are consigning a whole raft of people to on-going poverty and no access to education.

Thirdly, we suffer from relatively weak communities in New Zealand: individuals are isolated, people want to help others but don’t know how, community organisations are underfunded, under resourced and lack structural skills. Community Education has been one of the more effective mechanisms for addressing this, not only do they build relationships and create community facilities and meeting places, but they also teach the skills that effective community organisations need.

Anne Tolley, by butchering the Community Education sector, has acted both to keep the weak ill-educated, isolated and unskilled, and to undermine the community organisations that try to help them.