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Archive for July, 2012

The Treaty of Waitingi – saving us from our own folly

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Whilst 60% to 70% of New Zealanders opposed state asset  sales, bizarrely 47.31% still voted for National.

See: 2011 general election official results

This blogger knows two tradesmen who voted National last year despite being vehemently opposed to selling state assets.

It’s a quirk of our nature that some folk  vote for things they don’t like or support.  The assets sale issue is another example of  New Zealanders demonstrating a form of political ‘schizophrenia’ and voting for something they dislike.

Go figure.

Luckily – despite not having a US-style Constitution to protect our interests from nutty, neo-liberal National Party  ideology – our  very own Treaty of Waitangi may have  pulled our collective backsides out of the fire, and may be the one, single mechanism that puts a halt to National’s unpopular policy to hock off our property.

The irony of this should be abundantly obvious to all;  the Treaty was orginally designed to protect tangata whenua from the excesses of colonial rule (which was not exactly a stirling success).

Now, 172 years after Te Tiriti was signed, our Founding Document may be the means by which Pakeha are saved from their own collective folly.

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We should hang our heads in shame, and be thankful to Maori. Because of their efforts, our power companies, Solid Energy, and Air New Zealand will not end up being  owned by investors from Beijing, Berlin, or Boston.

We may just have saved something of our treasures for our children to inherit.

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Additional

Radio NZ: Waitangi Tribunal recommends asset sale delay

Dominion Post: Hold off asset sales, Waitangi Tribunal says

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Identifying a hypocrite in three easy steps.

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Source

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So poverty is a result of  “poor choices”?

I guess that justifies Dear Leader John Key turning his back on society’s most vulnerable. After all,  “poor choices” justifies blaming the poor for being poor, instead of having $50 million in their bank account.

So Mr Key, how did that free tertiary education and subsidised state house work out for you?

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Categories: Social Issues Tags: , ,

On course for a change in government (Part Rua)

29 July 2012 6 comments

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Continued from:  On course for a change in government

The polls continue to look bad for Dear Leader and the Nats. The most recent, conducted by Fairfax Media/Ipsos, has National down on 44.9%,

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Frank Macskasy  Frankly Speaking   fmacskasy.wordpress.com

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Fairfax’s Tracy Watkins and Kate Chapman suggest that, at nearly 45%,  “National has enough support for a third term“.

Nothing could be further from the truth, and the number of Undecided Voters – at 11.6% -will be the ones who will determine the next election in 2014 (if not earlier).  Over one third of Undecideds leaned toward Labour, Greeens, and NZ First,

See:  Fairfax Media/Ipsos Graphic

But most critically, we should not forget that National went in to the 2011 Elections riding high in polls.

For example, one year ago, a Roy Morgan Poll dated 28 July 2011,  had National on 52%.

Two previous Roy Morgan Polls  had National on 54% (June 13-26, 2011) and 49%  (June 27 – July 10, 2011).

(Sampling 895 respondents)

See: Roy Morgan Poll: Govt 57.5% Opp 42.5%

Another example, using a Fairfax Media-Research International poll, conducted between July 21 and July 25 2011 – again, about a year ago – had National on 56%.

Again, Tracy Watkins wrote enthusingly,

National continues its extraordinary run of popularity in today’s poll, recording 56 per cent support – enough to comfortably govern alone if the results were repeated on election night in November.”

(Sampling 1,004 respondents)

See:  Labour ‘not fazed’ by dismal poll result

Averaging out the 28 July Roy Morgan poll of 52% and the July 21/July 25 Fairfax poll of 56%, gives us 54%.

National achieved nothing like that figure on election night on 26 November 2011, gaining only 47.31% of the Party Vote. Not enough to govern alone.

See: Electoral Commission 2011 Election Results

National’s support from Election Night has dropped from 47.31% to the current Fairfax Media/Ipsos polling of 44.9% – a drop of 2.41%.

But more critically,  from July 2011 polling to Election Night voting, National’s support dropped from an averaged 54% to 47.31% – a drop of 6.69%.

The reason that this is so critical is that heading into the next election, National’s base polling has to start high, to take natural voter-support  attrition into account.

Remember;  in July 2011, National started high with 54% and 56% in the polls – then dropped to 47.31% on election night.

Now imagine if National’s polling stays at around current 44.9% support and heads into an election. Factor in natural voter-support  attrition of  (for example) 6.69% – and their election night result would be 38.21% – almost precisely the same figure National gained in the 2005 General Election.

See: Results 2005 General Election

The above figures are assumptions. But natural voter-support attrition is not, as Labour found to it’s dismay in 2002, after the ‘Corngate’ Affair.

With two years left (or earlier, as this blogger continues to predict), and many of National’s unpopular policies continuing to alienate the public, a loss of even 2% or 3% in support will mean the demise of National in power, and a new Labour-led government.

If/when Mighty River Power is partially privatised, expect National’s support to drop like a stone in a hydro-storage lake.

This is the simple reality that Fairfax neglected to mention in it’s story above.

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Heroes…

29 July 2012 5 comments

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These are people who have made a difference or otherwise stood against injustice and tyranny. They may not always have been successful,  but they remind us of the human spirit to resist injustice and instinctively stand up for what they believe is right.

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The “Tank Man”

“Tank Man” temporarily stops the advance of a column of tanks on June 5, 1989, in Beijing’s Tiananmen Square. Despite his anonymity, he is commonly (though not necessarily correctly) referred to in Chinese as Wang Weilin (王維林), as dubbed by a Sunday Express article.

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Dame Whina Cooper

Dame Whina Cooper (1895 – 1994) – Dame Cooper’s land-hikoi in 1975 raised awareness of Treaty breaches and vast tracts of Maori land that has been unjustly seized and confiscated by colonial, and more recent, governments. Without doubt, her courage contributed to the formation of the Waitangi Tribunal in 1975 – a model for addressing grievances from First Peoples throughout the world.

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Ray Lewis

Ray Lewis, the retired Philadelphia police captain who became a hero to the Occupy Wall Street movement when he was arrested on 16 November 2011.

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Rami al-Saidd

Rami al-Said – Blogger, Citizen Journalist. Killed in Syrian uprising in February 2012, by forces loyal to the tyrant, Bashar Assad.

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See: Bloggers lament the ultimate sacrifice for freedom

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Sue Bradford

 

Sue Bradford. Ex Green Party MP. In 2005, a parliamentary ballot allowed the discussion of Bradford’s member’s bill, the Crimes (Abolition of Force as a Justification for Child Discipline) Amendment Bill 2005. The Bill proposed amending Section 59 of the Crimes Act 1961 to remove the legal defence of “reasonable force” for parents prosecuted for assault on their children. The Bill became law after it passed 113 to 8 on 16 May 2007. The Bill sparked widespread debate largely due its depiction as an “anti-smacking” bill.
New Zealand has one of the worst rates of child abuse, neglect, and murders in the world.
Death threats were made against Ms Bradford in 2007 and 2009, and she was vilified (unfairly), as her Bill was taken up by Labour and supported by National, NZ First, as well as the Greens.

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An Unknown Protester

Protester standing against deforestation crews in the Amazon.

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See:  Youtube Video

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te Whiti O Rongomai and Tohu Kakahi

te Whiti O Rongomai and Tohu Kakahi – leaders of the pacifist community of Parihaka, who led a non-violent resistance in the late 1800s, against theft of their land by colonial forces. They based their non-violent resistance on Christian beliefs. The colonial government responded with 1,500 armed “constables” who attacked and looted Parihaka.

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See:  The History of Parihaka

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Rosa  Parks

Rosa Louise Parks was nationally recognized as the “mother of the modern day civil rights movement” in America. At a time of legally-sanctioned racial segregation, her refusal to surrender her seat to a white male passenger on a Montgomery, Alabama bus, in December 1, 1955, created a wave of protest throughout the United States. Her quiet courage changed America, its view of black people, and changed the course of history.

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See: Rosa Louise Parks Biography

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Categories: People Being People

Ministers, Mad Moralists, and Minor Parties

29 July 2012 4 comments

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A previous moral hysteria surrounding welfare beneficiaries and especially solo mums (but never solo dads) took place back in August 2009, when Paula Bennett released the files of two solo-mothers who had dared to criticise the Minister for closing down the Training Incentive Allowance.

Despite having no  authorisation or right to do so, Bennett  released details of the  women’s  WINZ files to the media and three years later there is still an outstanding complaint against her. It was a nasty, vindictive abuse of Ministerial power not seen since the autocratic rule of  Robert Muldoon.

Attacks on solo mums reached a hysterical crescendo that could only be described as naked misogyny – especially from a sector of the male population that has never had much success in relating to women. There were vile comments on many internet fora that cannot be repeated in polite company.

Fast forward to April 2012, and National is facing so much bad news that the media and bloggers are finding it difficult to choose what to hone in on.  Just to remind us about some of the problems confronting National,

  • Youth unemployment up from 58,000 last year  to 87,000 this year
  • Total unemployment up to 160,000 – 6.7% of the workforce
  • The government tax-take is down by $1.57 billion  in the first nine months of the fiscal year
  • Government deficit increases to $6.13 billion, or $800 million more than forecast
  • Migration to Australia is increasing, with a net loss of 39,100 to the year ending February 2012
  • Wages continue to lag behind Australia
  • New Zealand’s sovereign debt is at a massive  $13.5 billion dollars
  • Student debt is at a record $13 billion – and rising
  • Widening wealth/income gap
  • Increasing child poverty and poverty-related disease on a massive scale
  • Increased repayments demanded from tertiary students – effectively a tax increase
  • Ongoing public resistance to state asset sales
  • Ongoing public resistance to selling productive farmland to overseas investors
  • Ongoing public resistance to mining in conservation lands
  • A growing public disquiet over a hydrocarbon-extraction process known as “fracking”
  • Selling legislation for a convention centre and 500 extra pokies
  • Ministers involved in scandal after scandal
  • Key’s ‘teflon coating’ now practically non-existent, and developing a reputation for not being upfront with the public
  • A coalition partner whose brand is now so toxic  that even right wingers are singing it’s funeral dirges
  • and numerous other negative indicators

Time for the government  Spin Doctors to swing into action, and deflect attention from National’s apalling track record thus far.

Time to dust of the Manual for Deflection, and flick through to the chapter on blaming solo mums (but never solo dads) for the ills of the country; the Black Plague in the Middle Ages; both World Wars; and most likely the sinking of the Titanic.

Time for John Key to point at some young woman pushing a pram,  and shout – “Hey! Look over there!”

It worked in 2009.

See: Benefits of 50 to be scrutinised

Why not try it again, wonder National’s faceless, taxpayer-funded spin-doctors and strategists,  to deflect  public attention from  scandals and poor management of the economy?

See: Bennett increases pursuit of welfare ‘rorts’

See: Drug tests for more beneficiaries mooted

See: New welfare law a ‘war on poor’

See: Big families mean big welfare dollars

New Zealanders (in general) are suckers for this kind of Deflect & Demonise Strategy.

It’s what National  does, when their economic policies fail; they blame it on the poor; the unemployed; widows; solo-mums (but never solo-dads), etc. It’s what the right wing do, blaming their failed policies on others. Because as we all know, right wingers are Big on Personal Responsibility… (Except for themselves.)

It happened in the 1990s. It’s repeating again.

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It’s pretty much a given that the ACT is now living on borrowed time, and will end up in the political  rubbish bin of history. It was never popular with mainstream New Zealand in the first place – New Zealanders having had a bitter  taste of it’s ideology in the late 1980s and throughout the 1990s.

Events over the last couple of years; last twelve months; and last few weeks, a cascade of scandals and dirty dealings have left the public wondering if lunatics had, indeed, taken over the asylum called ACT. For a Party that advocated the purity of market-driven efficiency, it was prone to one bizarre gaffe after another. They couldn’t even update their own website several months after last year’s elections.

So ACT will be gone after the next election.

The result has been media, pundit, and public  speculation of  a new potential Coalition partner for National. There has been recent speculation in the last week or so that Colin Craig’s Conservative Party might make a suitable candidate to shore up National’s numbers in the House.

I doubt that.

For one thing, does National really want a new coalition partner that appears to be every bit as flaky as ACT?

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We are the country with the most promiscuous young women in the world. This does nothing to help us at all.”

Riiiiight.

Obviously Mr Craig has, um, “researched” this issue in some depth?! Did he go “undercover“, I wonder? And did he go “one-on-one”  with his “subjects“?

On this rare occassion, I find myself in sympathy with the Smiling One,

“… Colin Craig, had suggested New Zealand women were the most promiscuous in the world and therefore should not get taxpayer funded contraception.

Key resisted taking the Lord’s name in van and rolling his eyes.

But he did say “it’s going to be a long two and a half years.”

See:  John Key’s problem with partners

Indeed.  If   the government lasts full term. Which I doubt.

National has a problem in this area. It has no viable coalition partner, and is unlikely to find one in the foreseeable future.

Part of that reality is based on MMP and how it has affected Labour and National.

After MMP was introduced in 1996, Labour splintered into it’s constituent factions; the centrist ‘rump’ Labour Party; the environmentalist/social justice Green Party;  the overtly left-wing, worker’s,  Newlabour Party ; and the nationalist Maori party, Mana Motuhake. (The Greens, Mana Motuhake,  and NLP briefly coalesced into the Alliance Party, along with the Social Credit/Democrat Party and short-lived Liberal Party.)

The Greens, Mana Motuhake,  and NLP, had been part of the factional make-up of Labour. MMP simply separated out  it’s componants like a laboratory centrifuge. So when coalition talks took place, to form a Labour-led  Coalition Government, those same factions simply re-morphed.

Before anyone complains that MMP has created a “mess” – not true. These factions had always existed in Labour, and had constantly ‘jockeyed’ for influence within the greater ‘umbrella’ Labour banner.

Under MMP, these factions and negotiations were simply forced out into the open, for everyone to see. The same had been   happening under First Past the Post, but behind closed doors. This was internal party politics exposed to the glare of sunlight and public scrutiny.

National, on the other hand, did not fractionate  in such a similar, dramatic, manner. It lost two MPs to the New Zealand Liberal Party (in 1992), Conservative Party (formerly Right-Of-Centre Party), and one to the Christian Democrats. None of those fledgling parties  survived the grueling electoral process and quickly vanished into political history.

A third party, New Zealand First, had splintered from National earlier, and like Mana Motuhake became a nationalist party, but mainly from a pakeha perspective.

ACT was another party on the right, and appeared to draw support from both National and, to a lesser degree, Labour. It remained a small grouping, peaking in 1999 with nine MPs – largely at the expense of it’s larger right wing cousin, National.

It’s not that National doesn’t have potential coalition partners.  On the whole, National remains intact; a solid bloc of the centre-right. It’s potential coalition partners are already a part of National.

National’s only hope of picking up an extra seat or two is to rort the MMP one-seat threshold system, as it did by supporting John Banks in Epsom (with  success now mixed with regret, no doubt).  It could give a ‘nod and wink‘ to Colin Craig in the Rodney seat, and if he won that electorate, and if Craig’s Conservative Party polled the same as it did last year (2.65%), then it would gain four seats in total.

That might give National a chance at winning the next election.

But at what cost?

  • It would be seen to be once again manipulating the electoral system. The Epsom deal did not end well for National – do they really want to go down that road again?
  • The Conservatives are opposed to asset sales – so that policy would be off the agenda.
  • How would urban liberal voters view a coalition with a party such as the Conservatives? New Zealanders have always been averse to electing  overtly religious parties to Parliament (eg; Christian Heritage, Christian Coalition, Destiny New Zealand) and when some of United Future’s MPs were revealed as having a strong religious bent, they were pretty smartly voted out.
  • And would National want a flaky coalition partner with quasi-‘Christian’ overtones, and who seemed to view New Zealand women  in a casual Talibanesque-sort of way? How would National’s women MPs feel sitting alongside Colin Craig, knowing that he viewed them as the ” most promiscuous…  women in the world  “?

Craig’s Conservative Party may have a better chance to win seats in Parliament if the Electoral Commission’s review on MMP decides to recommend to Parliament that the Party Vote threshold be reduced from %5 to 4%.  Of course, the Commission can only recommend to Parliament, and any decision to reduce the Party Vote threshold will ultimately be up to the National-ACT-Dunne Coalition.

I suspect the Nats will adopt the 4% recommendation. Not because it’s fair (get a grip!), but because anything that assists ACT or the Conservative Party gain seats in Parliament will be welcomed with open arms by the Nats. Self interest rules.

The Greens’ submission to the Electoral Commission supported abolishing the Electoral Seat threshold as inherently unfair, and promote  reducing the Party Vote threshold from 5% to 4% to compensate for smaller Parties  such as NZ First, ACT, etc.

See: Green Party submission on the MMP Review

Likewise, this blogger suspects that National will probably reject any recommendation to abandon the Electoral-Seat threshold.  (The Electoral Seat threshold is where Party X does not cross the current 5% Party Vote threshold, but if one of their candidates wins an electoral seat, they get an exemption from the 5% threshold, and gain as many MPs as their Party Vote allows.)

This may be National’s one and only  “electoral lifeline”, as ACT heads for the political guillotine – especially after John Banks’ incredible performance over his fraudulent 2010 Electoral Donations fiasco.

See: John Banks – escaping justice

However, since Craig’s comment nearly three months ago, he has moved on from denigrating women, to gays and lesbians. His latest comment is indicative of a man who has little tolerance for matters outside his narrow worldview, when on 27 July he ‘tweeted’,

It’s just not intelligent to pretend that homosexual relationships are normal.”

See: Conservative leader says gay marriage ‘not right’

It take a spectacular degree of arrogance to decide that another consenting adult’s relationship is “not normal”.

This blogger feels it only appropriate that Mr Craig’s marriage to his wife should be put under the microscope.

It has been said often enough that those who vociferously oppose homosexuality (especially in males) often have a measure of sexual insecurity themselves. For many men, condemning and reviling  homosexuality has been an attempt to reaffirm their own heterosexuality by “proving their straightness” to themselves.

Perhaps, in this instance, Mr Craig may have something he wishes to get of his manly chest,

He was so sure that homosexuality was a choice, he bet his own sexuality on it.

“Do you think you could choose to be gay if that is the case?,” he was asked.

“Sure. Sure I could,” he responded.

“You could choose to be gay?,” he was asked again.

“Yea, if I wanted to,’ he replied.

See:  Colin Craig: ‘Gay parents not good role models’

Anything you want to share with us, Mr Craig? Don’t worry, we’re all consenting adults here…

Why are all small right wing parties loony-tunes?

Is this the sort of political party that National wants to cosy up to?

And more important – would a possible coalition with a bunch of religious homophobes and misogynists really endear  National’s voting-base to keep supporting the Nats?

Happy times for Dear Leader, John Key.

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National does have another potential coalition partner – the New Zealand First Party. Though their first attempt at coalition (in 1996) ended very badly for Winston Peters, that could be explained as “growing pains” after our very first MMP election. I doubt if any small Party would ever repeat such horrendous mistakes again.

But in coalescing with NZ First, National would have to abandon much of it’s right wing, neo-liberal agenda.  State asset sales would be gone by lunchtime. The sale of farmland to overseas investors would be restricted (if Peters is to be taken at his word). And the edge might be taken of other policies favoured by National.

On the other hand, NZ First had been punished previously for coalescing with National. As well, NZ First  has an active youth-wing that might not appreciate ‘sleeping with the enemy’.

Working with Winston Peters would be one very big rat for John Key to swallow. Considering how adamant he was back in 2008,

Mr Peters will be unacceptable as a Minister in a government led by me unless he can provide a credible explanation.

See: Peters unacceptable in a National-led Government

And just last year,

I don’t see a place for a Winston Peters-led New Zealand First in a government that I lead.”

See:  PM rules out any NZ First deal

If Winston Peters holds the balance of power, it will be a Phil Goff-led government.”

See:  Key names election date, rules out Winston Peters

Sealing a coalition deal with someone he has categorically ruled out in the past would damage Key’s credibility even further. Our Dear Leader is already developing something of a reputation for being “untrustworthy, dishonest, arrogant, smarmy and out of touch”.

See: ‘Polarising’ PM losing gloss

Does he want to compound that perception by backtracking on his declaration that he cannot/will not work with the NZ First leader?

So Colin Craig it is.

And yes,

“It’s going to be a long two and a half years.”

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John Banks – escaping justice

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John Banks

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Once upon a time, the people of a tiny little nation at the bottom of the world believed that their country lived by laws that applied to everyone. The system was simple; irrespective of who you were and how wealthy or poor you were; regardless of whether you were powerful or powerless, the law applied to all equally.

How naive we were.

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1. Background

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(Blogger’s note: This section deal with bachground events leading up to the recent Police investigation and decision regarding John Bank’s donations scandal. For those who are aware of the facts, you may wish to “cut to the chase” and scroll down to Section 2,  Police Decision. )

The donations saga began in April of this year, when revelations surfaced that John Banks, MP for Epsom, and a Minister in  John Key’s National-led government, was accused of hiding the names of donors in his Electoral Donations return. Instead of listing each donor by name, they were referred to as “anonymous”.

The donations were made toward his unsuccessful bid  for the 2010 Mayoral election.

In all, Banks recieved donations of,

All were listed as “anonymous”, despite John Banks being fully aware of the donor’s identity.

The saga began on 5 April with this revelation,

ACT MP John Banks failed to declare a $15,000 donation from SkyCity in his return for Auckland’s mayoral election, it has been claimed in Parliament.

Labour’s deputy leader, Grant Robertson, said SkyCity had publicly stated it gave $15,000 donations to Len Brown, who is now the city’s mayor, and Mr Banks, who was the main challenger.

“John Banks failed to declare a $15,000 donation from SkyCity in his electoral return,” Mr Robertson said, speaking under parliamentary privilege.

“SkyCity publicly stated they had given $15,000 to both the main candidates and that they have a policy of asking those who get donations to declare it.

“That donation does not appear in his return”. “

Whilst Banks did not declare the $15,000 donation from Skycity, his political rival, Len Brown did,

SkyCity gave $15,000 each to Len Brown, now mayor, and Mr Banks, his rival, during that campaign.

Although Mr Brown’s donation return listed SkyCity as a donor, Mr Banks’ listed an anonymous donation of $15,000. It did not mention SkyCity.

See: Banks did not reveal SkyCity as big donor

On 15 April, Kim Dotcom held a birthday party at his Coatsville mansion in Auckland. John Banks and his wife were invited to attend,

” … Mr Banks said he hardly knew the internet tycoon.

He said his contact with Dotcom was limited to a total of 20 minutes conversation and he had been to Dotcom’s mansion in Coatesville only once for dinner.

But film of the event – Dotcom’s birthday party – showed Mr Banks making a toast to the tycoon.

Footage showed Mr Banks raising a glass and saying, “I’m going to propose a toast to Kim Dotcom. Please fill your glasses and stand. Happy birthday and best wishes to Kim Dotcom, Mona and his family.”

Staff at the mansion said it was one of three visits. The pair also met at Princes Wharf on New Year’s Eve 2010 when Dotcom put on a $600,000 fireworks display.

The pair first met in April 2010 when Dotcom sent his helicopter to collect Mr Banks from Mechanics Bay in downtown Auckland.

Dotcom said the pair met in the mansion, sitting at a large square table, and chatted.

Bodyguard Wayne Tempero was present, as was one of Dotcom’s butlers. His company chief financial officer also attended briefly.

“He mentioned the elections were coming up [and] he was raising money for his campaign,” Dotcom said. “He said it was hard to raise money in New Zealand, the mayoral campaign was coming up and he’s trying to raise funds for that.

“I kind of liked the guy. I said, ‘I’m happy to help.’ I told Wayne to write a cheque for $50,000.

“His [Mr Banks'] eyes got a little bit bigger at that moment.”

Mr Tempero asked the chief financial officer to come into the room to write the cheque.

“John said, ‘Wait a minute’,” Dotcom recalled last night. “‘It would be good if you could split it up into two payments of 25 [thousand dollars], then I don’t declare publicly who made it’.”

Dotcom said one cheque was made out in his own name, or the name of his company Megastuff Ltd, and the other in Mr Tempero’s name.

“He [Mr Banks] called me a few days after the cheques entered his bank account and he thanked me personally.”

Last night, Mr Banks said there would be nothing wrong with his telling people how to give anonymously.

“If someone says to me, ‘How can I put money into your campaign?’ what would be wrong with telling them that – if that was that case?

“I could say, ‘Firstly, you should talk to people who are raising money for me. But if you want to put money into my campaign, you can put it in two ways. You can put it in anonymously or you can put it in and have it declared.’ It’s quite legitimate.

See: Dotcom’s secret donation to Banks

Note that John Banks claimed “he hardly knew the internet tycoon“. As events progressed, it became abundantly clear that Banks had lied, and his relationship with Dorcom was more than  ” limited to a total of 20 minutes conversation”.

Then on 27 April, TV3’s John Campbell discovered another donor to Banks’ election campaign who had been listed as “anonymous” in their electoral donations return;  Kim Dotcom,

Kim Dotcom is the latest person to have been found to have allegedly donated money anonymously to John Banks.

It is already known that in the race to be super city mayor, Sky City donated $15,000 each to the two front runners.

Len Brown listed Sky City as a donor but Mr Banks did not.

Campbell Live was interested in that because we had heard Kim Dotcom had made a donation three times that size to the John Banks mayoralty campaign.

Campbell Live has even been told Mr Banks was so grateful that he called Dotcom to thank him for it.

An investigation found that like the Sky City donation, the Dotcom donation appears to be listed as anonymous.

The question is why? 

When Campbell pressed Banks as to whether he had received donations from Dotcom or how well he knew the German entrepreneur, or having flown to his mansion in a helicopter, John Banks mental condition appears to have suddenly deteriorated with a sudden onset of Alzheimers,

Kim Dotcom says the birthday party was not the only occasion Mr Banks visited, saying he once sent his helicopter into Auckland to collect Mr Banks from the central city landing strip at Mechanic’s Bay, and fly him out to the Dotcom Mansion.

But Mr Banks does not remember whether that happened or not.

“I don’t remember that,” Mr Banks says.

When pressed on whether or not he had ever taken a helicopter to the Dotcom mansion, Mr Banks remained vague.

“I can’t recall whether I did or not,” he says.

Dotcom says Mr Banks gratefully accepted his offer, but Dotcom also says Mr Banks asked for the donation to be split into two payments of $25,000 each.

Mr Banks says he does not remember who gave him money.

“Well, I don’t know. I mean I haven’t seen the forms now for a couple of years, so I don’t know who gave me money, I can’t remember now,” says Mr Banks.

He also says he could not remember discussing money with Dotcom and his team.

“Well I met with them, I know them, but I can’t recall discussing money with them”. “

Banks added his by-now famous line,

I welcome this enquiry by the electoral officer, no problems, nothing to hide, nothing to fear.”

See:   Banks knew about ‘anonymous’ Dotcom donation – reports

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According to John Campbell, there were no donations from Kim Dotcom listed on Banks’ Electoral returns – but there were five anonmymous donations of $25,000.

See: Banks questioned over Dotcom donation

Why was Kim Dotcom’s $50,000 donation not listed on Banks’ Return? Here’s why,

Act leader John Banks asked for a $50,000 political donation to be split into two parts so it could be made anonymously, says Kim Dotcom and one other witness.

Dotcom said the request was made on April 15, 2010, when Mr Banks was preparing to campaign for the Auckland mayoralty.

He said there were at times three other people in the room while the donation was discussed – and Mr Banks rang later to thank him for it.  “

See: Dotcom’s secret donation to Banks

Because two $25,000 donations could be listed as “anonymous” under the Electoral Act?

On the same day, the matter of Skycity’s donation was reported to the police for investigation, via the Electoral Commission. The complaint was raised by Labour MP, Trevor Mallard,

Electoral officer Bruce Thomas in responding to Mr Mallard today noted that under section 138 of the Local Electoral Act 2001, he was required to report to the police any written complaint alleging an offence had been committed.

“Accordingly, I advise that I am referring this matter onto the police for their attention”. “

See: Banks’ SkyCity donation complaint referred to police

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On the 29th of April, Banks was interviewed on TVNZ’s Q+A current affairs programme.

PAUL  HOLMES           
Mr Parker, I would ask you to sit there for a little while, because, Mr Banks, other matters have reared their head over the last couple of days, and David Shearer, the Labour leader, is demanding of the Prime Minister that he stand you down over the Kim Dotcom donation affair. Should he, or shouldn’t you stand yourself down?

JOHN  BANKS        
This is the problem – it’s a sideshow; it’s mostly a media beat-up, and much of it is humbug.

PAUL            
No, dammit, it’s about the law, Mr Banks.

JOHN            
Yes, well, have a look at the 2001 act and you’ll see what a professor of law said this morning in the Sunday Herald. Yesterday the media had me going to jail. Today they’re saying I’m likely to be in the clear. That is the problem. Last week I was the sideshow. Next week Mr Shearer will be the sideshow because Mr Shearer’s going to be rolled in the next couple of weeks. That’s the problem.

PAUL            
Can I just have a look at some of what’s emerged? You were up at Kim Dotcom’s, and did you know he was giving you the money? Did you know he was writing out a cheque or getting his man to write a cheque?

JOHN            
Look, we’re here to talk about investment, growth and jobs…

PAUL            
Well, I’m sorry, Mr Banks, this has taken precedence.

JOHN            
Let me answer your question. All this has been narrated mainly on the front page of the local newspaper here and across the media…

PAUL            
Well, I’m giving you the chance to debate it with us here, so answer the question. Were you there when the cheques came out? Did you know he was giving you the money?

JOHN            
I don’t…

PAUL            
Did he mention $50,000?

JOHN            
Why don’t you…

PAUL            
Were you there when they started writing a cheque?

JOHN            
(LAUGHS)

PAUL            
Did you ask for it to be two cheques because you could make it anonymous? And if you were there and you declared that donation anonymous, you’re dead meat, aren’t you, because that was illegal.

JOHN            
I think you think I came up the river on a cabbage boat. I can tell you that when I signed my declaration for the mayoralty I signed it in good faith in the knowledge as a Justice of the Peace as true and correct. I have nothing to fear and nothing to hide and I welcome the inquiry and everything will come out in the wash, Mr Holmes. I’m more invested in the real issues of investment growth and jobs and providing working opportunities for 80,000 of our kids that are out of school and out of luck.

PAUL            
But are you saying – because it is illegal, you know, don’t you, that if you know where a donation came from, to claim it was anonymous. So is what Mr Dotcom is saying about – your eyes perked up, your eyes went big at the mention of 50 grand. And so the fella gets the chequebook out and you’re sitting there and he writes a cheque. I mean, are you saying that he’s lying? Because that’s what he’s saying.

JOHN            
I don’t know why you’re going on about this. I have nothing to hide.

PAUL            
Is he lying?

JOHN            
It’s a media beat-up. Yesterday I was going to jail. Today I’m going to be cleared. I mean, that’s what the media get up to, and you’re beating it up again. Look, we’ve got an inquiry…

PAUL            
Mr Banks.

JOHN            
I’m very happy to have the inquiry. (CHUCKLES)

PAUL            
Did you know Kim Dotcom had written you two cheques for 50 grand, and did you therefore put them in your return as two lots of 25, anonymous? Yes or no?

JOHN            
I signed my return honestly. I have nothing to hide and nothing to fear and it will all come…

PAUL            
Did you know Mr Dotcom was throwing 50 grand at you?

JOHN            
…out in the wash. And I want to talk this morning about our competition with Australia for investment and jobs and getting the government off our backs and out of our pockets and providing an economic environment where we can create wealth for our country. “

Paul Holmes’ closing comment in that interview,

Thank you. We have to leave it there. And I can’t believe you can’t remember whether you went in a helicopter or not.”

See: Q+A: Transcript of David Parker and John Banks interview

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On the same day (29th), Prime Minister John Key issued a public statement supporting John Banks,

I’ve sought an assurance from Mr Banks that he complied with local government law. He’s given me that assurance. I accept him at his word. If people don’t believe that they are free to test that with the police. “

Whether or not Key’s statement is factually correct is open to interpretation, as the Prime Minister later acknowledged that he had not spoken directly with Banks.

Key rejected calls to stand Banks  down, even whilst Police were investigating the Minister.

See: PM standing by under fire Banks

On the following day, 30 April, the media reported more information backing up Kim Dotcom’s claims,

Internet tycoon Kim Dotcom’s records will show ACT MP John Banks made a phone call to say thanks for two $25,000 donations, it’s been reported…

… Mr Banks says he’s done nothing wrong, didn’t know Dotcom made the donations and didn’t phone him to thank him for them.

3News reports Mr Banks met Dotcom in June 2010 and a few days later two $25,000 cheques were banked in Queenstown into Mr Banks’ mayoral fund.

They were made out to Team Banks.

“Our source says Banks rang Dotcom two days later. The source says `Kim’s records will show this’,” 3News reports…

…Mr Banks won’t answer questions other than to say he didn’t call Dotcom about the donations. “

See:  Dotcom says Banks thanked him for cheques

Labour MP Trevor Mallard stated he was prepared to lay a Police complaint John Banks’ failure to properly disclose  Kim Dotcom’s donation, adding to his previous complaint regarding Skycity’s $15,000 donation to Banks, and which also had not been properly disclosed on his Electoral Donation Returns.

Dotcom gave further details how the $50,000 donation to Banks had been made,

Dotcom has said one of the two cheques paid to Mr Banks was made out in his own name, or the name of his company, Megastuff. The other was in the name of his bodyguard, Wayne Tempero.

The Herald last night spoke to a former Dotcom employee, who said they had personally deposited the cheques into Mr Banks’ campaign account.

The former employee said, “They were deposited just through a normal bank process. It would have just come up as a $25,000 deposit.”

… Dotcom says Mr Banks rang him to thank him for the money after it was paid. “

See: Banks’ funds: Dotcom checks books

John Banks, in turn, denied that he had phoned Kim Dotcom to thank him for any donations,

John Banks says he never called German billionaire Kim Dotcom to thank him for a $50,000 donation to his 2010 Auckland mayoralty campaign…

… Banks has previously said he did not recall whether he made the phone call, but now says he never did. However he did have contact with Dotcom about “other matters“. “

See: Banks denies calling Dotcom over donation

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By 1 May, the pressure and mounting evidence had forced John Banks into a corner. Every allegation made by Kim Dotcom had been documented with evidence,  witnesses, and even a video of his relationship with Banks.

Meanwhile, Banks had nothing but constant protests of  “I can’t remember”.

“… Mr Banks denied misleading the public about the donations and events around them, including a helicopter ride to Dotcom’s mansion which he has said he cannot remember.

“I didn’t lie. There’s no reason to believe that I lied. I simply couldn’t recall“. “

See: Banks: I didn’t lie, I simply forgot

Who forgets a helicopter ride? Especially a flight to one of the largest mansions in Auckland?!

Which, of course, begs the question as to why a person with such “deteriorating memory” holds a Ministerial Warrant and position of authority  in  government. Most people with such a poor  mental condition would be on extended sick leave. Or in a medical facility receiving appropriate care.

Banks finally admitted that he had not been upfront with the public,

”  He specifically referred to an interview which aired Monday on Campbell Live, in which he repeatedly said he “couldn’t remember” his communications with Kim Dotcom.

But Mr Banks says the answers he gave on the programme were wrong and admits he was not telling the truth.

“I could have quite easily answered all of those questions up front, contrary to the legal advice.

“I have never had any problem answering questions in a very straight manner…that is why the public will be surprised I took the legal advice literally, not to jeopardise any inquiry,” he says.

Mr Banks still backs his legal standing over the declaration of donations, repeating he has “nothing to fear and nothing to hide”.

“There could be a public perception that I have been obfuscating around some of these things. I shouldn’t have taken that legal advice and I should have answered questions much more straight”.

See: Banks ‘regrets’ legal advice to stay silent

See: What the documents say about Dotcom’s donation (video)

Which is interesting, as one wonders how John Banks could have had the time to contact his lawyer prior to his interview with John Campbell, to seek legal advice?

And why would “his lawyer tell him to keep his lips sealed on the matter”?

Generally, lawyers only give such advice only if a person is being interviewed by Police or have been charged  with an offence.

It seems bizarre to understand why a lawyer would offer such advice. After all, Banks was not a  suspect in any criminal case. And any suggestion that a lawyer would give such advice so as ” not to jeopardise any inquiry ” seems unlikely. Remember that the Skycity issue had not been in the public domain until John Campbells first interviewed Banks  for the TV3 story; Banks accused of failing to declare donation.

So Banks was forced to admit that he had been – in his own words – “obfuscating “. But then offered  a weak excuse that he had “advised by his lawyer” not to answer questions.

Does this seem even vaguely plausible?

Even Wellington’s daily newspaper, ‘The Dominion Post‘ found Banks’ explanation unconvincing. On 2 May, their front page demanded answers to five, specific  questions,

1. Have you actually read the Local Electoral Act?

2. Did you tell Kim Dotcom to split a $50,000 donation into two cheques?

3. What did Kim Dotcom want in return for his donation?

4. You admit advocating for him – when, to who, and on what subjects?

5. Did you give the prime minister the same untrue explanations you’ve given the media?

The same article went on to state,

Mr Key has insisted that he would sack Mr Banks if it turned out the MP had not told him the truth – but apparently that test applies only to questions the prime minister and his office put to Mr Banks directly, not the answers he gave to the media and the public.

And, as it turns out, Mr Key’s office has never actually asked Mr Banks the questions that might put the prime minister in the awkward position of knowing whether the former Auckland mayor broke the spirit, if not the letter, of the law over anonymous donations to his mayoral campaign fund in 2010 – questions such as do you know what “anonymous” means, did you tell Dotcom to divide a $50,000 donation into two cheques, what did Dotcom want from you in return, and why was it so important for you to have these donations treated anonymously, even when the donors clearly weren’t fussed?

Two further revelations were made public;

Firstly, it transpired that John Key hadn’t spoken directly to Banks. Instead the ACT leader had given ”an absolute and categorical assurance to my office”  (to Chief of Staff, Wayne Eagleson?) that he acted within the Local Electoral Act 2001.

It seems inexplicable that since the story first broke on 5 April, the Prime Minister had not pulled Banks into his office and spoken directly with him to gain a “categorical assurance”  that he had complied with the law.

Instead, the Prime Minister had left this extremely serious matter to a staffer.

Which, in itself, is incredible, as John Key’s Coalition rests on a precarious one-seat majority. If Banks were to mis-calculate and be forced to resign, Key’s government would fall and be forced to hold an early election.

The only conclusion one can draw from Key’s decision not to confront Banks directly is that he wanted to keep his Minister at “arms length” from himself.  In the world of Political Theatre, this is known as “plausible deniability“.

Or, more realistically, Key  lied and he had met, secretly, with Banks.

A second matter arose on this day, and Banks admitted that he had lobbied another Minister on behalf of Kim Dotcom,

Land Information Minister Maurice Williamson this morning confirmed Banks had called him in mid 2011 on behalf of Dotcom, who was applying through the Overseas Investment Office to buy his Coatesville mansion.

Bank said this afternoon he spoke to Williamson about two times, largely about procedural matters because Dotcom’s application was taking a long time to process.

“I rang Maurice Williamson about it, I wasn’t the Mayor of Auckland, I wasn’t a Member of Parliament, I was a private citizen and I made the phone call and I’d do it again.”

“I said to Mr Dotcom I would give him advice on that and I did“.”

See: Five questions Banks must answer

Williamson’s involvement on this issue became murkier, as  claims and denials began to swirl around those involved,

Documents released under the Official Information Act show Dotcom wanted to buy the $30 million mansion he was renting in in Coatesville, its $5 million neighbouring “cottage” and a $10 million beach house at Doubtless Bay in Northland.

The application to buy the properties went to Mr Williamson, who gave formal approval on April 7 last year.

Dotcom’s bodyguard, Wayne Tempero, said he took a call from Mr Banks about the application. The call was to let Dotcom know the application was going ahead as expected and that Mr Williamson had signed it.

Dotcom said Mr Tempero briefed him on the conversation.

Last night, Mr Banks confirmed he had updated Dotcom’s staff about the application to buy the land.

A spokesman said: “Mr Banks communicated with Mr Tempero that the OIO application was continuing to progress through the approval process.”

But a spokeswoman for Mr Williamson said he had given no information to anyone outside his office over giving approval to allow Dotcom to buy the land.  “

See: John Banks: I briefed Dotcom

At this point, Prime Minister John Key must have been dreading that another of his Ministers (Maurice Williamson) was being slowly dragged into this mess.

But Key did himself no favours when he attempted to justify John Banks’ constantly-changing story, by suggesting,

Well, there’s quite a wide definition of ethics.”

When even the National Business Review –  the most business-friendly; National-friendly; and ACT-friendly newspaper states,

It was hardly the most ringing of endorsements.

- then you know you’re in trouble.

See: Prime minister defends embattled John Banks

In the same article, Banks was reported to have stated,

I was not aware that Mr Dotcom had made this donation to my campaign. I did not call him to thank him as the donation was made anonymously.

I can confirm that I had contact with Mr Dotcom on other matters, including thanking him for the generous $500,000 donation that he made to the ratepayers of Auckland for the 2010 New Year’s Eve fireworks display.

However, I never called and thanked him for any donation to my mayoral campaign.”

See: Prime minister defends embattled John Banks

Which is “an interesting proposition” (to borrow one of the Prime Minister’s phrases), considering the dates involved;

  1. Kim Dotcom states that Banks’  request for a donation was made on  15 April 2010, when Mr Banks was preparing to campaign for the Auckland mayoralty.  (See: Banks sought split donation – Dotcom)
  2. The 2010 Local Body elections were held, via postal ballot from 17 September to  Saturday 9 October 2010. (See: Frequently asked questions – 2010 local elections)
  3. Kim Dotcom wrote out two cheques, for $25,000 each, on 9 June 2010, and both were deposited into “Team Banksie’s” account. (See: What the documents say about Dotcom’s donation )
  4. Kim Dotcom says that John Banks phoned him two days later ( 11 June)  to thank him for the donation(s). (See: Dotcom says Banks thanked him for cheques)
  5. John Banks states that he ” had contact with Mr Dotcom on other matters, including thanking him for the generous $500,000 donation that he made to the ratepayers of Auckland for the 2010 New Year’s Eve fireworks display “.
  6. So John Banks is saying that he phoned Kim Dotcom, on 11 June, to thank him for a fireworks display, that was six months away? What part of that sounds even remotely plausible?  One would  think that Banks had more on his mind – his mayoralty campaign for example – than a fireworks display that was half a year away.

John Banks’ assertion that he phoned Kim Dotcom to thank for for an event that was six months away is not credible and obviously Banks lied regarding his reason for phoning Dotcom.

On the following day, another ACT member dropped an even bigger ‘clanger‘.

On 2 May,  ACT Party President, Chris Simmons, was interviewed on Radio New Zealand’as “Checkpoint” programme by Mary Wilson. (Note: This blogger personally heard this interview.)

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Act Party president Chris Simmons

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Simmons stated that the suggestion, by John Banks,  to split the $50,000 donation was,

“…one of the suggestions made to Dotcom.

He has given me an indication why he made that suggestion and that was that he initially was going to put in $25,000 of his own money and he figured that other people should be putting in the same sort of numbers.”

With that extraordinary slip-of-the-tongue, Simmons had publicly admitted what Kim Dotcom had been alleging, and what John Banks had been consistently andf strenuously denying.

Simons retracted within the hour, according to the “NZ Herald“.

See: Act Party president flip flops on money

A  day later, on 3 May, a third allegation of a supposedly “anonymous” donation surfaced,

”  Questions were raised yesterday about a $15,000 gift of “radio advertising” to his 2010 mayoralty campaign. Police are investigating other donations to his failed campaign.

Mr Banks admitted yesterday he got a discounted deal at internet mogul Kim Dotcom’s favourite Hong Kong hotel, after initially denying he got cheap rates for the Christmas holiday.

Prime Minister John Key continued to back Mr Banks, but still has not talked to his embattled minister outside Cabinet.

Labour MP Trevor Mallard said it would be “absolutely weird” that $15,690 worth of radio advertisements could be donated anonymously, especially as they must be approved by a candidate, or his or her nominee.

“If it pretends to be anonymous and it’s not, then that is a breach of a law”. 

See: Campaign advertising gift in spotlight

Not only was this allegation of yet another “anonymous donation” further indication that Banks was not complying with the Local Electoral Act – but Prime Minister John Key had still not spoken directly with his Minister.

One wonders what was preventing Key with meeting with Banks?

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Or if he had met, why was it being kept secret?

On 16 May, further revelations appeared in the media, suggesting that there had been a greater degree of familiarity between John Banks and Kim Dotcom than Banks had previously admitted,

ACT leader John Banks has admitted he received a $1000 gift basket from internet tycoon Kim Dotcom, which should have been declared under parliamentary rules.

Banks, the lone ACT MP in government, received the basket during a stay at the Grant Hyatt hotel in Hong Kong during 2011, according to a New Zealand Herald story today.

In reply, he sent Dotcom a note thanking him for his hospitality, saying he enjoyed his stay.

Cabinet rules require members of Parliament to disclose to the Registrar of Pecuniary Interests any gift accepted worth more than $500. This declaration includes hospitality and donations in cash or kind.

See:  Banks admits receiving gift from Kim Dotcom

Remember that on 15 April, Banks said “he hardly knew the internet tycoon”.

By 5 July, Police had completed their investigation,

See: Police investigation into Banks’ mayoral campaign completed

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2. Police Decision

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On 26 July, nearly four months after the story broke on ‘Campbell Live’ on 5 April, the police arrived at a decision: they would not be prosecuting,

Police investigated complaints in respect to donations from Sky City and the internet millionaire Kim Dotcom and the donation of radio advertising from a donor who wishes to remain anonymous.

They say they have established that he solicited the donations that a campaign volunteer subsequently recorded in his electoral return as anonymous, but that he sought and received confirmation the returns were accurate before he signed them off.

In a letter to Mr Mallard, police say there is insufficient evidence on any of the three complaints to prosecute on the basis that the return was submitted knowing it was false.

Assistant Commissioner Malcolm Burgess told Checkpoint the volunteer who compiled the return followed an appropriate procedure. He says the volunteer told Mr Banks the return was recorded correctly, and Mr Banks acted within the law in signing it off.

Listen to Mary Wilson’s interview with Police Asst Commissioner Malcolm Burgess

See: Labour says Banks should still be stood down

Prime Minister John Key was quick to leap to John Banks defence as Labour leader David Shearer and Greens co-Leader Metiria Turei called for Banks to be stood down.  In an extraordinary attempt to trivialise the scandal, Key  described  the complaints laid against Banks as “politically motivated”, and said,

The issue is whether the minister complied with the law. The police have effectively confirmed today that he has.”

See: Opposition calls for Key to dump Banks

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Once again, John Key has mis-represented the actual Police decision to the point where it is now the Prime Minister who could be accused of not telling the truth.

In fact, far from confirming that John Banks “complied with the law“, the Police report was damning,

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See: Police Complaint File No: 120427/9334

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3. Questions & Conclusions & Questions

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Note the following for each donor;

Skycity

Skycity handed a cheque ($15,000 in cash would be difficult to fit into an envelope) to John Banks. Any such cheque would have had “Skycity” or it’s holding company’s name stamped on it.

Why was it still recorded as “anonymous”?

Was the “Treasurer” for “Team Banksie” given instructions to list the Skycity donation as anonymous? Or did s/he make their own decision to do so?

When cheques are deposited in banks, relevant details are usually recorded on a  Banking Supplementary Deposit form, which lists,

  • name of cheque issuer
  • issuing bank
  • issuing Bank branch
  • amount to be paid

A carbon-copy of this Banking Supplementary Deposit form is usually retained within the Deposit book.

Why were the details in the Banking Supplementary Deposit book not used to record who deposited which cheque?

Did the Police ask these relevant questions and did they sight “Team Banksies” Banking Supplementary Deposit book?

John Banks’ mayoral opponant, Len Brown, was able to correctly list “Skycity” as the donor of a similar $15,000 cheque to Brown’s campaign Team. Why was John Banks unable to follow suit?

Anonymous Radio Ads

$15,690 worth of radio advertising was recorded as “Anonymous”  in the Electoral Return, by “Team Banksie’s” Treasurer.

How is it feasible that the Treasurer was unaware of who provided funding for radio advertisements?

Was the Treasurer not part of “Team Banksie’s” Campaign Committee?

Were  publicity and advertising strategies not discussed at “Team Banksie’s” Campaign Committee meetings?

How could publicity and advertising strategies be discussed at “Team Banksie’s” Campaign Committee meetings – without setting a budget for advertising, and to which the Campaign’s Treasurer would have had in-put into relevant discussions?

Did the Police ask these questions from John Banks; his Campaign Manager; and the Treasurer?

Kim Dotcom

Police confirmed Kim Dotcom’s allegations,

  1. Banks solicited a donation from Kim Dotcom
  2. A $50,000 donation was made, split in two lots of $25,000 each
  3. The donation(s) were recorded as anonymous

The questions that Police do not address in their letter to Trevor Mallard  are,

A. Why was the $50,000 donation split in two?

B. Did they not think this was odd?

C. Did “Team Banksie’s” Treasurer at any time enquire from John Banks where those three donations had originated from?

D. Did Police ask John Banks if he phoned Kim Dotcom to thank him for the donation(s)?

E. Did Police take sworn statements from Dotcom’s witnesses?

F. Did Police ask John Banks if he (Banks) enquired from “Team Banksie’s” Treasurer why Kim Dotcom’s donation was not listed on the Electoral Returns statement? (Considering that John Banks was expecting a donation from Kim Dotcom, surely he – Banks – would have noticed the absence of Dotcom’s name?)

G. Did Police ask John Banks if he advised Kim Dotcom to split the donation in two? If not, why not?

H. Why were some donations listed as “anonymous” whilst others provided identifying details of donors? What process was used to differentiate between “anonymous” and identified donors?

None of these questions appear to have been addressed in any manner whatsoever.

See also: Listen to Mary Wilson’s interview with Malcolm Burgess

If it is true that John Banks did advise Kim Dotcom to split the $50,000 donation in two parts so as to avoid naming the donor, then, it seems inescapable that  he (Banks) has committed a prima facie offence under both parts of Section 134, namely that,

Every candidate commits an offence who transmits a return of electoral expenses knowing that it is false in any material particular, and is liable on conviction on indictment to imprisonment  for a term not exceeding 2 years or to a fine not exceeding $10,000 and… “

Banks knew that Kim Dotcom had donated $50,000.

Banks knew that the amount was split in two lots of $25,000.

Banks knew it was done to enable the donation(s) to be listed as “anonymous”.

Banks signed the Electoral Return knowing that it was false in a material particular.

Lastly, all three donations were investigated by Police, and yet they concluded that,

Any charges for offences persuant to Section 134(2) must be laid within six months of the electoral return being supplied. Police first received this complaint for investigation on 1 May 2012, approximately 10 months after the expiry of six month operiod.  Police are therefore unable to consider charges persuant to this section.”

The relevant Act states,

134 False return
  • (1) Every candidate commits an offence who transmits a return of electoral expenses knowing that it is false in any material particular, and is liable on conviction on indictment to imprisonment for a term not exceeding 2 years or to a fine not exceeding $10,000.

    (2) Every candidate commits an offence and is liable on summary conviction to a fine not exceeding $5,000 who transmits a return of electoral expenses that is false in any material particular unless the candidate proves—

    • (a) that he or she had no intention to mis-state or conceal the facts; and

    • (b) that he or she took all reasonable steps to ensure that the information was accurate.

See: Local Electoral Act 2001, 134, False Return

As an astute reader will notice, there is no reference to any “statute of limitations” in this section.

Therefore, this blogger can only surmise at the true reason why John Banks was not prosecuted for breaching section 134  of the Local  Electoral Act 2001.

As for John Banks stating that he was “unaware” of the contents of his Electoral Act, which he signed, the Crimes Act states quite clearly,

25 Ignorance of law
  • The fact that an offender is ignorant of the law is not an excuse for any offence committed by him.

    Compare: 1908 No 32 s 45

See: Crimes Act, Section 25

Other sections of the Crimes Act that might apply in this instance,

228 Dishonestly taking or using document

Every one is liable to imprisonment for a term not exceeding 7 years who, with intent to obtain any property, service, pecuniary advantage, or valuable consideration,—

  • (a) dishonestly and without claim of right, takes or obtains any document; or
  • (b) dishonestly and without claim of right, uses or attempts to use any document.

See: Crimes Act, Section 228

242 False statement by promoter, etc

(1) Every one is liable to imprisonment for a term not exceeding 10 years who, in respect of any body, whether incorporated or unincorporated and whether formed or intended to be formed, makes or concurs in making or publishes any false statement, whether in any prospectus, account, or otherwise, with intent—

  • (a) to induce any person, whether ascertained or not, to subscribe to any security within the meaning of the Securities Act 1978; or
  • (b) to deceive or cause loss to any person, whether ascertained or not; or
  • (c) to induce any person, whether ascertained or not, to entrust or advance any property to any other person.

(2) In this section, false statement means any statement in respect of which the person making or publishing the statement—

  • (a) knows the statement is false in a material particular; or
  • (b) is reckless as to the whether the statement is false in a material particular.

See: Crimes Act,  Section 242

The John Banks electoral donations saga illustrates the old maxim that “justice must not only be done, it must be seen to be done“.

In this case, not only has justice not been done, but it has been seen that a politician has escaped prosecution on the flimsiest of technicalities. (A  “technicality” which does not even appear to exist.)

Compare John Banks with that of  ex-Labour Minister Taito Phillip Field, who was charged with 35 counts of  bribery and corruption crimes.

See: Taito Phillip Field case: Timeline

Field was subsequently convicted on eleven bribery and corruption charges and fifteen  counts of wilfully perverting the course of justice. He was  sentenced to six years’ jail.

See: Ex-minister’s trial a spectacular fall from grace

John Banks has escaped justice and will not face his accusers in Court.  However, the matter is far from “closed”.

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4. What is Past is Prologue

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This issue demands three responses;

1. This blogger has written to Police Asst Commissioner, Malcolm Burgess, seeking answers to several questions,

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    From:  Frank Macskasy <fmacskasy@yahoo.com>
    To:  Malcolm Burgess <malcolm.burgess@police.govt.nz>
    Date:  Saturday, 28 July 2012 10:59 AM
    Subject:  File no: 120427/9334 (Complaint by Trevor Mallard, re, John Banks)

    Malcolm Burgess
    Police Asst Commissioner
    NZ Police

    28 July 2012

    Sir,

    With regards to the outcome of police investigation into Trevor  Mallard’s complaint regarding John Bank’s Electoral Return for his 2010 mayoral candidacy, could you please provide some details on this issue.

    Namely, I would appreciate your response and answers to the following questions;

    A. Why was the $50,000 donation split in two?

    B. Did Police not think this was odd?

    C. Did “Team Banksie’s” Treasurer at any time enquire from John Banks where those three donations (Skycity, radio advertising, and Kim Dotcom) had originated from?

    D. Did Police ask John Banks if he phoned Kim Dotcom to thank him for the donation(s)?

    E. Did Police take sworn statements from Dotcom’s witnesses?

    F. Did Police ask John Banks if he (Banks) enquired from “Team Banksie’s” Treasurer why Kim Dotcom’s donation was not listed on the Electoral Returns statement? (Considering that John Banks was expecting a donation from Kim Dotcom, surely he – Banks – would have noticed the absence of Dotcom’s name?)

    G. Did Police ask John Banks if he advised Kim Dotcom to split the donation in two? If not, why not?

    H. Why were some donations listed as “anonymous” whilst others provided identifying details of donors? What process was used to differentiate between “anonymous” and identified donors?

    I.   In a letter to Trevor Mallard dated 26 July 2012, and signed by Detective Superindent Peter Read, Mr Read states “Any charges for offences persuant to Section 134(2) must be laid within six months of the electoral return being supplied. Police first received this complaint for investigation on 1 May 2012, approximately 10 months after the expiry of six month operiod.  Police are therefore unable to consider charges persuant to this section.”. Can you please refer me to the section of the Local Electoral Act 2001 that refers to a six month “statute of limitations?

    For full disclosure and fairness to you, this information will be used as part of a blogpost I am currently working on, and which will be made public.

    Thank you for your time, and any light you can shed on the matters I have raised.

    Regards,
    -Frank Macskasy
    Blogger
   “Frankly Speaking

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2. This blogger then contacted Transparency.Org, an international organisation that ranks countries according to the degree of corruption within a particular society.

Last year  New Zealand ranked #1, from a list of 183 nations. North Korea and Somalia tied-equal at #182.

The question is; do we deserve to maintain our top spot?  This blogger invited Transparency International to reconsider our #1 ranking, in the light of recent events surrounding John Banks,

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From:      Frank Macskasy <fmacskasy@yahoo.com>
To:            Murray Petrie <executive@transparency.org.nz>
Date:        Saturday, 28 July 2012 5:50 PM
Subject:  John Banks

Murray Petrie
NZ Chapter
Transparency International

28 July 2012

Sir,

In your organisation’s  Corruption Transparency Index 2011, New Zealand rates #1 from a list of 183 countries.

I wish to refer you to a recent matter surrounding John Banks, a Minister in New Zealand’s current government, who earlier this year was accused of   filing a fraudulent Election Donations return to the NZ Electoral Commission.

The full details are covered here, in a report which I have published on my blog: http://fmacskasy.wordpress.com/2012/07/26/john-banks-escaping-justice/. I invite you to consider the contents of my report; to pass it further through your organisation; and to reconsider whether or not New Zealand still deserves it’s #1 ranking on your Corruption Transparency Index.

It is my contention that New Zealand has fallen well short of full transparency on this issue, and that the Police complaint laid against John Banks produced a result that is highly questionable and the decision not to prosecute the person in question lacks probity.

I look forward to your response, and willingly offer any further assistance you may require in this matter.

Regards,

-Frank Macskasy
Blogger,
Frankly Speaking

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3. Lastly, this blogger contacted the Prime Minister, John Key, inviting his response to comments and questions raised in this blogpost,

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From: Frank Macskasy <fmacskasy@yahoo.com>
To: John Key <john.key@parliament.govt.nz>
Cc: Jim Mora <afternoons@radionz.co.nz>,
    Chris Hipkins <chris.hipkins@parliament.govt.nz>,
    Chris Laidlaw RNZ <sunday@radionz.co.nz>,
    Dominion Post <editor@dompost.co.nz>,
    Daily News <editor@dailynews.co.nz>,
    Daily Post <editor@dailypost.co.nz>,
    David Shearer <david.shearer@parliament.govt.nz>,
    Hutt News <editor@huttnews.co.nz>,
    Kim Hill <saturday@radionz.co.nz>,
    Listener <editor@listener.co.nz>,
    Metiria Turei <metiria.turei@parliament.govt.nz>,
    Morning Report <morningreport@radionz.co.nz>,
    NZ Herald <editor@herald.co.nz>,
    Nine To Noon RNZ <ninetonoon@radionz.co.nz>,
    Otago Daily Times <odt.editor@alliedpress.co.nz>,
    Q+A <Q+A@tvnz.co.nz>,
    Russel Norman <Russel.Norman@parliament.govt.nz>,
    Southland Times <editor@stl.co.nz>,
    TVNZ News <news@tvnz.co.nz>,
    The Press <letters@press.co.nz>,
    The Wellingtonian <editor@thewellingtonian.co.nz>,
    Waikato Times <editor@waikatotimes.co.nz>,
    Wairarapa Times-Age <editor@age.co.nz>,
    Winston Peters <winston.peters@parliament.govt.nz>
Subject: Corrupt practices under the Local Electoral Act (2001)
Date: Saturday, 28 July 2012 6:57 PM

Rt Hon. John Key
Prime Minister
Parliament House
Wellington

28 July 2012
 

Sir,

With regards to matters raised by TV3’s John Campbell, Trevor Mallard, and others, surrounding John Banks; his 2010 Electoral Return; and subsequent Police investigation, I invite you to read and consider questions and comments made on my blogpost, “John Banks – escaping justice“.

You will note that I have raised several questions regarding this matter, and have written to  Police Asst Commissioner,  Malcolm Burgess, for clarification and answers to issues that I regard as important.

I have also contacted Transparency International, a global NGO that rates countries according to levels of corruption within their society. Last year, New Zealand ranked #1 on a  Corruption Transparency Index 2011. Following the John Banks Donations Affair, I have invited Transparency Internation to review our top ranking, in terms of least corrupt nation on Earth.

Far from being a “closed matter”, I believe this issue is of vital importance – especially since it appears that many of Kim Dotcom’s allegations against John Banks have been substantiated.

The question that I am asking; will you remove John Banks from his Ministerial roles?

Regards,

-Frank Macskasy
Blogger,
Frankly Speaking

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This issue is far from closed.

It is just the beginning.

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Additional

Local Electoral Act 2001

Schedule 2 Return of electoral expenses and electoral donations (As at 2010)

Beehive: John Banks

Police statement: Outcome of Police investigation into electoral returns of Hon John Banks

Banks’ donations: No charges laid

Banks won’t be charged, police say

Transparency International Corruption Perception Index

NZ Herald: Parliament’s loose cannon

National: Peters unacceptable in a National-led Government (2008)

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Guest Author: Open letter to Eugene Bingham or would you have voted for John Key if you had known

- Evelyn Gilbert,  Aotearoa a wider perspective

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If you find this informative may I suggest you send the link to your John Key voting palls!!!

Eugene Bingham is a journalist for the New Zealand Herald and he has been the writer of most of the articles about John Key and has repeatedly interviewed him. He wrote amongst others the Unauthorised biography which appeared in the 19 July 2008 New Zealand Herald edition and is well worth reading.

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“You have sold your soul to the Devil and wrote the article as a PR stunt for the man who is now our Prime Minister but who is in fact one of the Arsonists of the perfect firestorm about to hit this poor small Nation.” Evelyn Gilbert

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Dear Eugene,

I have been thinking about writing this open letter to you for a while and today I felt was the right moment to tell you what I think about you and the way you have helped John Key get elected.

I will not beat around the bush. I’m not build that way, so here goes.

You are an insult to what was once a noble and very necessary profession in order to take our politicians to task if found wanting (thanks to the internet people like me can do our own research and we are no longer depending on frauds like you for our information).

You are either incredibly bad at your job because it appears that either you did not double check John Key’s story, something every self respecting journalist should do, or you have slipped over to the dark side and you willingly lied and allowed John Key to lie to your readers.

Either way you ought to be ashamed of yourself and resign today.

Why, you ask, is this blogger so crass in her accusations?

We have a government in which John Key is the Prime Minister. He has been elected based on information available and let’s not forget the much hyped need for “Change”.

In a functioning Democracy the press as the fourth estate is responsible for making sure that all the relevant information is available for the public to be able to vote in their best interest.

In the run up to an important election it is of the utmost importance that the public knows all about their politicians there is to know and if it means that a politician is not voted in because it turns out that said politician is a liar or a criminal than so be it.

In a time such as this when the entire global economy is crashing because of Wall street manipulations it is of the utmost importance to know everything there is to know of the most important opposition leader especially if that politician has made his money through parasitical speculation in the international finance world. That same world which is now collapsing due to it’s own irresponsible financial speculations.

Eugene, you failed to do that job so spectacularly and in doing so you helped put in power a man who has no business governing us in these times and the future will tell that you were instrumental in keeping information away from us that would have surely changed the out come of this election.

Let me give you but three examples of your failure to supply us with real information.

  1. The true relationship John Key had with Andrew Krieger and the attack on the NZ dollar in late 1987.
  2. The role John Key had in the Asian Crisis, the Russian collapse and the collapse of the LTCM hedgefund.
  3. The role John Key had in the Subprime trade and the real timeline of the Subprime crisis and the subsequent collapse of the global economy.

1. The true relationship John Key had with Andrew Krieger and the attack on the NZ dollar in late 1987.

You have in multiple articles told us that John Key only went to work with Andrew Krieger after Andrew Krieger in 1988. In fact you even give a specific date in this article. In it you state that John Key starts to work for the Bankers Trust on 29 August 1988. If this is true than John Key could not have worked with Andrew Krieger. Not for the bankers trust or any other bank. Because Andrew Krieger left Forex on 30 June 1988 and did not return to that trade until September 1990.

How do I know? Because Eugene, I did what you should have done.

I googled the name Andrew Krieger and Bankers Trust and found 3, that is three, (here, here and here) articles in the New York Times online archive (Especially put on line for journalists like you Eugene) written by three different journalists at three different times and each of those articles Chronicles Andrew Krieger’s career at that very crucial time. It turns out that Andrew Krieger (who because of his spectacular attack on the NZ dollar was a bit of a Wall street celeb) left the Bankers Trust in as early as December 1987 but no later than February 1988. He then went to work for George Soros as a senior manager from sometime March or April and left that position in June 1988. An interview with him in September 1990 reveals that he didn’t trade in the Foreign Exchange business beyond some very limited trading conducted solely for himself.

Other than that, the trade that made Andrew Krieger famous was conducted in mere hours only seven days after Black Monday (while New Zealand was still reeling from the worst crash in recent history) and if John Key was the sole manager of the hundreds of millions of dollars he traded in for Andrew Krieger as you state in your 19 July “Unauthorised” biography, it can only have been during that famous attack.

Eugene, if  John Key traded with Andrew Krieger during what was the first speculative attack on a currency ever and which was followed by several world crisis provoking super attacks in which John Key partook don’t you think it would have been essential for us to know?

If John Key willingly engaged in behaviour that risked his country’s economy and  he is prepared to lie or let you lie about it 20 years after the event I thought it would have been paramount that you let the public know especially in an “Unauthorised” biography. It sets after all a precedent. If he was prepared to collapse his own countries currency in a speculative raid than he would have no qualms about doing it to other countries either.

2. The role John Key had in the Asian Crisis, the Russian collapse and the collapse of the LTCM hedgefund.

Totally lacking in your “Unauthorised” biography is one of the most important periods in recent banking history other than the mere mention of how John Key came through the Asian crisis relatively unscathed and how John Key had to fire hundreds of colleagues earning him the nickname “the Smiling Assassin”.

Whether that is because John Key just fluttered over it while he spoke to you or you choose not to go into the subject it is never the less another gross dereliction of duty on you part.

The Asian crisis 1997 and the collapse of the Russian currency in 1998 were closely connected.
They were both the result of the actions of several hedgefunds. One of them being George Soros’s hedgefund and the other the Long Term Credit Management hedge fund also known as LTCM.

This hedgefund collapsed so spectacularly as a result of speculative Forex and derivatives trading it had to be bailed out by the Federal Reserve of New York in order to protect the entire global system from collapsing. John Key may or may not have been involved in the trading that lead to the collapse of the fund but you picture him as firing hundreds of his colleagues at Merrill Lynch, earning him the endearing nickname of the “Smiling Assassin” but the only time Merrill Lynch was forced to fire that many people was in the aftermath of the LTCM scandal putting John Key right in the middle of yet another major Forex scandal. In fact in 1999 John Key is introduced as the managing director of Debt in 1999 in this article.

How do I know? Because unlike you I did the research and a couple of simple google searches wielded al this information. So once again Eugene you either are bad at your job or you and John Key willingly lied to us, the punters.

3. The role John Key had in the Subprime trade and the real timeline of the Subprime crisis and the subsequent collapse of the global economy.

In what is perhaps either the most blatant show of ignorance on your part or perhaps the most blatant lie you state unequivocally in your “Unauthorised” biography  that the subprime products were only hatched in 2004 and 2005.

That is outrageous.  In fact it’s so outrageous that for this remark alone you should resign.

Why is this outrageous? Because it is common knowledge that house prices started to rise in the late nineties.
Not just in the US but around the world, including New Zealand.

This rise had nothing to do with higher wages, more prosperity or more production. In fact jobs in the entire Western world had been disappearing for years  to China, wages were either stagnant or falling and more and more people had to take on debt to make ends meet.

That alone is a sign of bubble building.

But once again if you had taken the trouble Eugene to google subprime timeline you would have found this interesting Subprime timeline (just one of many) and this little graph telling you that as early as the beginning of 1998 the subprime markets exploded from less than 1% market share to a whopping 14%.

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The years 2004 and 2005 was merely the time the bubble started to show it’s first cracks.

And if you had done your job and you would have spend another 5 minutes googling you would have found this graph as well.

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And to top it off you would have found what enabled the subprime crisis and why it will inevitably collapse our economy together with the entire world’s economy, thanks to scumbags like John Key and his ilk aided and abetted by people like you.

What enabled the subprime crisis were three factors

  1. Easy CreditProvided by the Federal Reserve bank of New York and the City of London.
  2. The order given by the US Congress to Fanny mae and Freddy mac to give mortgages to every Tom, Dick and Harry and their dog. Yep, the US congress actually started the subprime mortgage selling. I suggest you read the timeline I linked to above.
  3. The repeal of the Glass Steagall act, unofficially in 1997 and officially in November 1999.This act put in place in 1933 to prevent Commercial banks from merging with investment banks to stop them from acting like the right side of the second graph had been promoted by Alan Greenspan since 1987 and had cost the Wall street investment bankers between $ 100 to $ 200 million dollars.It would have been inconceivable for John Key not to have known about the 1997 beginning of the subprime housing bubble build up because the repeal of this law was literally like giving the fox the key to the hen house and was greatly anticipated by every single Wall street/ City of London banker because it would strip every single bit of regulation away.In fact it was signed the same month John Key was invited to become one of only four advisors to the Federal Reserve bank of New York.  He represented Merrill Lynch. The others represented Citibank, Lehman Brothers and UBSWahrburg.  All those banks are either gone or in the process of going as a result of the subprime crisis.

These three items alone are enough to expose John Key as at least a liar and as the financial collapse progresses he will perhaps even be called a criminal as the mechanisms of the crisis will be exposed for what they are; The wilful manipulation of the money market by a small group of private banksters.

I said I would only take three issues on which you have been either ignorant or wilfully dishonest and I have shown comprehensively that you could have given us all the relevant information but you didn’t.

I could have added to that the derivative trade which has been building up another bubble about to collapse and in which John Key was a Key operator for Merrill Lynch or the collapse of the Bankers trust bank as a result of fraudulent Derivative trading or the fact that Andrew Krieger traded not in actual currency but in a Derivative called “options” connecting John Key to the Forex derivatives trade in as early as 1987. In fact in 2006 the Chinese government suspended the Forex Derivatives trade on the grounds that it was way to dangerous. The list is simply too long but rest assured Eugene, the information you refused us is out there and available to us.

In ending this open letter to you Eugene, I have to conclude that either you are staggeringly ignorant and therefore undeserving of your job as a journalist for a major newspaper in such a position to be tasked to investigate and write an “Unauthorised” (let’s face it there was nothing Unauthorised about the whole stinking article) biography of the man poised to become the next Prime Minister or you have sold your soul to the Devil and wrote the article as a PR stunt for the man who is now our Prime Minister but who is in fact one of the Arsonists of the perfect firestorm about to hit this poor small Nation.Either way the only honourable thing to do is to resign.

If you sold your soul to the Devil I hope he paid you handsomely because you are going to need every cent in the next 10 years as you find that less and less people can buy the rag you call home.

- Evelyn Gilbert

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Acknowledgement

Reprinted with kind permission from aotearoaawiderperspective.wordpress.com

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