About robglennie000

Kia Ora This blog is my vent for releasing my frustrations with the state of New Zealand, the New Zealand Government and things going on in New Zealand society, as well as around the world. I vent daily NZDT at 0900 hours. Please feel free to leave comments. Please also feel free to follow my blog. Best Regards, Rob

The need to respect due process in New Zealand courts


In the nearly one week that has passed since the murder of Grace Millane, there has been an understandably big out pouring of grief. Her murder shocked people.

Understandably there are a lot of people angry about the murder of Grace Millane. People want Grace’s alleged murderer brought to justice and everyone has their own opinion – which they are perfectly entitled to – about what fate Ms Millane’s murderer, whoever it might be, should suffer.

BUT many of these people also want his name suppression wiped. Many of them think that the judge made a bad mistake. I have reservations myself, but they are countered by the fact that the accused has as much a right to a fair trial as the victim has to justice. So people are now resorting to Google searches to find out his name. 50,000 New Zealanders have done it.

These potentially violate New Zealand criminal law. They potentially threaten to derail the trial before it even starts. But I wonder how many of these people doing this will accept that and desist.

Except that it is not just New Zealanders doing it. Google is accused of having aided the violations by allowing the prominent placing of articles in its search engine hits telling us who *allegedly* did it. So too are British newspapers including The Daily Mail.

There are people calling for the death penalty – separate subject – as if the accused has already been convicted, when in actual fact a plea has yet to be entered and will not be until 23 January 2019 at the earliest. On this day the accused will reappear before the court. They seem to forget that a trial has yet to be set down, much less held. We do not know if the alleged murder is even the alleged murder. Right now he is – for all we know – innocent.

Being Judge, Jury and Executioner before a plea has even been entered is premature, prejudicial and along with the violations of the suppression orders, potentially threatens the whole trial. One cannot have justice for the victim if the trial is aborted due to interference or the absence of the conditions necessary for it to be fair and impartial.

I want to see justice for Ms Millane and her family and best friends whose lives at the moment I imagine have been turned up side down and there is no way to undo it. However this does not come at the expense of needing to follow “due process”, a term whose use when I write it in a comment has caused much anger and negativity. Due process is the act of carrying out the necessary procedures to ensure a fair and impartial trial that is not hijacked by individuals or interests in the name of vigilante justice.

So, my message is simple as it is blunt. Hold your horses and put away the knives. You do not know yet who did it and I bet you would not want to be found to have judged an innocent man otherwise.

Being a male in New Zealand


This is a note to the (gentle)men of New Zealand. This is a note that is written in the wake of the Grace Millane murder, and which concerns each and every one of us.

I understand that over the last week whilst this has been playing out, some of you might have wondered where all of the gratitude for the good we have done has gone. For the time being it has to take a temporary back seat. This unfortunately is something we all need to accept collectively as parents, uncles, brothers, nephews, that whilst many of us are indeed a good bunch, the number of guys undermining our great work by abusing women is far too high. It has to stop and we have to take responsibility.

But this article is largely not about that. This is about our other problems – ones not necessarily of our making, but which we are saddled with any way and which we need to stand up and demand assistance.

We have problems that we are reluctant to act on. They are as numerous as they are diverse and we, in a fear of being told by other males and sometimes females too that they need to toughen up, all too often prove reluctant to do anything about them. And this reluctance to act for our well being is harming us, badly.

One is our mental health. That thing in our head which can be exacerbated by our life conditions such as the physical environment we live in; where we work; how our marital and social lives are getting on. You might be the male head of your family and the primary bread winner in the house. That is potentially quite tough, especially if your employment is on the rocks – perhaps the company is not going so well; you might have troublesome employees. It is okay to reach out and ask a colleague you have good reason to think is a bit in the dumps if they are okay. It might save a life.

Another problem is our physical health. Many of us are born and raised to be masculine tough guys who are told only sissies cry. You might have problems with your prostate, but the tough male inside you says not to tell the doctor (even though they might be able to diagnose it). You might have an accident at work and think “bugger it, it’ll be right” and then find you barely get out of bed the following day, but you have half a dozen jobs at work that have rapidly approaching deadlines. You go to work thinking you will try to take it easily and wind up in hospital.

It is quite okay to have a couple of beers after work to chill and maybe talk to a few work colleagues. It was something I did a bit of after work at Environment Canterbury with other colleagues across the road. Most people went went over and had a couple and went home, were happy to have had the chance to de-tune from work.

It is okay to be a male. I do not apologize for being one and nor should you. It is okay to be masculine and play rugby, and be the one who cheers for the All Blacks or the New Zealand Warriors or whatever your sporting code is. It is okay to be disappointed when they are defeated – as a Black Caps fan I am disappointed when New Zealand get a thrashing they could have avoided. But I never take my frustrations out on anyone or anything, because it is after all just a game.

You might look at Prime Minister Jacinda Ardern and think her talk about kindness and compassion is a bunch of feminine codswallop. Well, actually, no it is not. It is quite okay to care about others around you, yourself, your mates, your loved ones and not only that, but it is quite encouraged.

You might wonder why there is negativity towards males being around children. Well, actually much of it just stems from the unfortunate impact of the Peter Ellis creche abuse case. Not all men are Peter Ellis. It is not your fault that he managed to create a culture of suspicion if males apply to work in creches or other early child care centres and primary schools. That might turn you away from working with children.

But there is nothing wrong at all – contrary to what anyone, females included, might tell you – if you turn up to your daughters netball game and cut the oranges and the apple pieces that the players will eat at half time. On the contrary, well done if you do. Well done for showing you love and care about your daughters well being and give her a decent male role model in her life. It is not only the right thing to do, but also the cool thing. Take pride in it.

So, guys, it is quite okay to be a man. Love your sport, drink your beer (responsibly!), and be a great male head of the family/father/uncle/bro/nephew. But remember you are only human at the end of the day, and when things turn to crap, it is quite okay to ask for help.

 

New Zealand should have a no deal Brexit plan ready


29 March 2019 is a day that many in Britain are probably looking at with increasing alarm/excitement/curiosity. It is a day that will potentially define the career of British Prime Minister Theresa May. It is a day that will be the culmination of nearly 3 years of roller coaster Brexit politics.

It will be – for better or for worse – the day Brexit happens.

It might also be a day that New Zealand businesses, politicians and diplomats are looking at with increasing interest/curiosity/excitement as well, albeit for different reasons. On that day or in the days following, New Zealand like the rest of the world will either see a peaceful transition to Brexit with politics, economics and society continuing about its business, or a messy one akin I am honestly not sure what New Zealand can do since I do not think British diplomats are any more informed than their political bosses as to the potential fall out should a no deal Brexit occur. But for the sake of this country we need to know what the likely scenarios are, draw up a list of potential sectors that might be subject to adverse effects and consider what support they might need.

Right now to me the metaphor about a canary down the mine shaft is hard to ignore. In this case Britain is like a canary that is going down a mine shaft which will shortly diverge in multiple directions and choosing the wrong one might result in Britain being in a shaft with carbon monoxide or methane.

But before Britain reaches the mine shaft junction, there are a few things that can potentially save them from a chaotic problem filled mess:

  1. Perhaps foremost is the ruling of the European Union court that Britain can exit the Brexit process unilaterally if so desires. That means provided enough politicians come together to make it possible, Brexit would be abolished and Britain remains in the European Union. The one very big catch here is that the hard line Brexiteers would fight tooth and nail to prevent something like this happening. Also Members of Parliament from electorates that voted to leave, but whom personally realize the need to stay would be in danger of being outed at the next election
  2. Whilst running out of time to make one happen, there seems to be considerable movement in support of a second referendum.
  3. Let us suppose just for a moment that British Prime Minister Theresa May does somehow manage to stumble, fumble and bumble her way to a deal that survives Parliament, would the voting public accept it or reject it

There are also Brexit deadlines that have to be met if none of the above can happen:

  1. UNKNOWN is the day for the rescheduled U.K. Parliamentary vote – it was meant to happen on 11 December 2018
  2. 21 JANUARY is the final day for Mrs May to send a deal to the U.K. Parliament
  3. 29 MARCH is the day that Britain formally exits the European Union

Mrs May has challenges. Can she muster 320 or more M.P.’s in the House of Parliament to get whatever deal is sent to Parliament for the vote, over the line? If she cannot and given that the U.K Parliament will probably rise soon for the Christmas break, how long will she have after it resumes and before the 29 January deadline to present something to Parliament does she have?

But back to New Zealand and our readiness for Brexit in whatever form it comes. Yes we should have a look at the potential flow on effects for New Zealand, especially if it cannot reach a deal with the European Union. Yes we should definitely expect turbulence in the days afterwards either way in the markets – the N.Z. Dollar might abruptly drop or rise.

Disability sector crisis worsening


What is disability you ask?

According to the State Services Commission disability is not something people have. They have impairments. Disability is the process by which people create barriers by designing a world fit for them without taking into account the impairments of other people. Statistics New Zealand defines disability as any self perceived limitation caused by a long term condition or health problem, expected to last 6 months or more and not completely eliminated by an assisting device.

Having grown up with hand/eye co-ordination issues that are largely resolved other than not being confident driving a manual vehicle and hearing impairment since birth, I have experienced some of the issues that confront people with impairments. My parents and General Practitioner have confronted the issues around finding me suitable support and minimizing those impairments.

One might now say that the disability sector (I am starting to see why advocates do not like the word “disability”) now has an impairment of its own. Despite billions spent on health in New Zealand, the public would be right to ask whether we get dollar for dollar value in our health care, which by world standards is still pretty good.

But there is an impairment in the disability sector. Years of under-funding mean a lot of programmes are run on shoe string budgets and unavoidably force the District Health Boards to use money that they have not necessarily been allocated. That has created a short fall now reaching $150 million.

I find this quite disgusting given that Governments of the centre-left are supposed to support minority groups including those with impairments. For all the hot air coming out of politicians mouths about people with impairments, surprisingly little seems to get done. Two Members of Parliament spending a day working in wheel chairs to demonstrate empathy is 99% show 1% action.

A significant issue is public perception and one of the issues that needs to be tackled at school where students often find that their school has accepted students with mobility issues. Very often ignorance of what constitutes an impairment and what the actual capabilities of a person are – they might have perfect hand/eye co-ordination, but not be able to use their legs. Others might have speech impairments, but be able to communicate on paper, or using electronic media.

A second problem facing people who have mobility issues is quite simple yet fundamental. A person in a wheel chair cannot go very far if their wheels cannot do simple things such as get over the curb at a pedestrian crossing or over the lip of the floor in a door frame. Some of this is simple design of the buildings – when the building was designed there might not have been a requirement to provide for wheel chairs, or mobility scooters.

Am I perfect in terms of going to help someone who is stuck? Absolutely not, but I will go and help a person in obvious need of assistance no questions asked. One such time I saw a guy who had just crossed a major road on his mobility scooter as I drove past, who was stuck on the curb. I pulled over at the first safe spot and went back, but by that time someone else had moved him to safety. And I am reminded also of a gentleman who used to be a teacher aide at my high school. He had multiple sclerosis, which had limited the use of his hands and other muscles were failing too, yet he would also help out with the rifle club that I was a member of. Since he could not get the guns carry bags out himself, the students would do it for him. The school built a ram entrance for each building to enable him access.

But not everyone is so lucky. A family from not so good socio-economic circumstances will struggle to find appropriate support in a straight jacketed system. In a system with a short fall of $150 million that support could be seriously lacking in resources and staffing.

People jumping to conclusions on Grace Millane – Give due process a chance


On 01 December 2018 a 22 year old English tourist named Grace Millane disappeared in Auckland. For a few days hope was held that Miss Millane might be found alive and that she had simply got lost or gone walkabout. These hopes were dashed on 07 December when the New Zealand Police announced that they were looking for a person of interest. Several hours later, they announced that this person was under arrest. Then yesterday, the worst fears were confirmed: the case had been upgraded to a homicide inquiry and the suspect was charged with her murder.

Right from the start on social media, especially on Facebook people hoped and prayed for her safe return which is completely understandable. When it was announced that the suspect had been charged with murder, the hopes and prayers not surprisingly turned to anger. People have every right to be horrified and angry that it happened in New Zealand, a country thought to be safe for people to visit. They have every right to want want justice for Grace Millane.

But the number of people who are trying to be the judge, the jury and the executioner before the accused is even brought to court is quite serious. The number of people who think the accused is guilty before any plea has been entered tells me that many don’t care about due process and I wonder if they even know what it is?

I have been criticized by many on Facebook for insisting on due process, but I make no apologies. I want justice done, but it is not going to be done by social media. It needs to happen under a court of law before a judge and – if this goes to trial – a jury.

So, let us look at what sections of the relevant legislation deal with due process in a legal setting.

A person detained or arrested by the Police or other arresting authority has rights under Sections 23-25 of the New Zealand Bill of Rights Act, 1990. Section 23 rights deal with the period immediately after being arrested. Section 24 deals with those who have been charged with an offence – this is where I think the Police are probably at with the suspect in the case of Miss Millane. Section 25 deals with the rights of someone being sent to trial.

As for the victim of a crime, their rights are set down in the Victims Code. The victims code is covered under the Victims Rights Act 2002. I assume that New Zealand Police are applying this to Miss Millane’s family who must be going through the most harrowing moments of their lives at the moment, sick to death at the thought that their daughter is gone.

But due process exists for good reasons and are a mark of a functional justice system in any first world country. That includes New Zealand.

So, let us put this suspect to trial. Let us find out what happened, whether he had accomplices who assisted and whether any evidence has been destroyed in an attempt to pervert justice. Let us find out about Miss Millane’s final hours, and why – just assuming for a moment it was him – he was driven to murder a tourist on holiday in New Zealand.

But above all, let us give due process a chance to run its course, because if it turns out there were other people involved, then the blame is not totally on the accused. If there were other significant circumstances involved we need to know about them. Let us do this properly so that two things happen:

  1. The perpetrator or perpetrators are tried, sentenced appropriately
  2. Miss Millane’s family get the justice that they totally deserve

Neither can happen if due process is not followed.