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Posts Tagged ‘police’

Kamikaze Kiwis and a deathwish on wheels *Update*

18 December 2013 3 comments

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Reduced speed tolerance will apply for December and January

Source

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This is a laudable plan from our Boys and Girls in Blue, and I’ve no problem with it. Holiday periods are generally a bad time on the roads where every manner of bad driving habits are manifested by drivers.

With increased numbers on our roads during the December/January period, such bad driving habits are multiplied, until a “critical mass” of stupidity is reached, or peoples’ luck just runs out.

It’s often not speed per se that is the dangerous driving habit of many drivers. Case in point…

On 23 November, after a three and a half month absence down south, I was returning home. On SH1, somewhere on the open road north of Christchurch and south of Marlborough, I encountered some driving practices that simply took my breath away.

All involved tail-gating on such a dangerous level that, at any moment, I expected a crash.

The first was a light-coloured Pajero, driven by a male and a female passenger, who first tail-gated me. At several points he was so close to me that I could barely see his headlights – they were below the line-of-sight of my vision, hidden by the spoilers of my own vehicle.

It wasn’t as if I was travelling at some silly slow speed on the open road; I was driving at, or just about 100kph.

After several minutes of the driver’s menacing behaviour, I pulled out my cellphone to call *555 and warn police that a madman was loose on our highways.

As I gave Police details of what I was witnessing, the Pajero overtook me; the driver gestured (no, not a friendly wave); and then proceeded to tailgate the next car – a reddish-orange, early model American sedan. After several minutes, the Pajero overtook the American car and sped off into the distance.

A little later in the day, I witnessed not just another instance of tail-gating – but an attempted over-taking manouver that very nearly ended in disaster.

Check out the photo below. Note how close he is to the red car in front of him. Note his position on the road – he is about to attempt an over-taking manouver.

Note the blind bend we are approaching.

And note the on-coming traffic!!

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grey bluebird

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Luckily, the driver of the Bluebird saw the on-coming vehicle as well and quickly swerved back into our own lane. Had he completed pulling out and attempted to over-take, it would have ended up with lethal consequences.

By the way, the same Bluebird had over-taken me a little earlier. As he passed me, I noticed a young child in the back seat.

As someone who often drives on the open road, I sometimes witness mind-boggling instances of tail-gating and dangerous over-taking.

I’ve never witnessed so many hair-raising incidences in one day and on one road.

Today (6 December), I finally emailed Assistant Commissioner on Road Policing, Dave Cliff, on this problem. I asked him if tail-gating was to be treated with the same attention and severity as speeding,

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from:     Frank Macskasy
to:          Dave Cliff <dave.cliff@police.govt.nz>
date:     Fri, Dec 6, 2013 at 1:40 PM
subject:     Road safety enforcement

Kia ora Mr Cliff,

I am aware that Police are reducing speed tolerances over the December and  January period, ostensibly to reduce the road toll during the Christmas/New Year holiday months.

Whilst I have no problem with this policy, I am enquiring what steps the Police will take regarding other dangerous driving practices.

Specifically, I am referring to the increasing prevalence of tail-gating.

On 23 November this year, whilst driving north on SH1 between Christchurch and Picton, I encountered several instances of dangerous tail-gating. One driver – rego [redacted], a Pajero – drove so close behind me that his headlights were almost below line-of-sight of the rear of my car.

The driver persisted in his menacing behaviour, forcing me  to phone *555 to lodge a complaint.

After the Pajero driver over-took me, the male driver proceeded to tail-gate an orange, early-model, American car (a Charger, I believe).

Travelling at 100kph on the open road, had I or the driver of the Charger been forced to brake suddenly, the results would have been predictably disastrous.

On the same day, and stretch of road, a grey Bluebird, rego  [redacted], was seen to be tailgating another car in front of me,  and made a hair-raising attempt to over-take as we approached a blind-bend. (See pic attached).

Even on urban motorways such as SH2 and SH1 in the Greater Wellington region, I witness dangerous and increasingly stupid instances of tail-gating.

One of the first things I learnt as a learner-drive in my teens was to keep one car distance per each 10kph driven speed.
Many of these instances I have described would be lucky to have had two (or maybe maximum three) car distances between them.

Will police be focusing on  this dangerous practice? And will you be highlighting this in any upcoming media conference?

I believe this matter deserves as much attention and action as your crack-down on speeding drivers.

Regards,

-Frank Macskasy

[image above attached]

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It will be interesting to see what reply, if any, Assistant Commissioner Dave Cliff makes on this.

In my humble opinion, tail-gating and dangerous over-taking as dangerous – if not more so – than speeding. The potential for disaster increases as such stupid behaviour becomes more and more reckless.

If you encounter such unbridled stupidity on the roads, ring *555, and inform the Police immediatly. You could be saving a life.

*Update*

I received this response four days later,

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from:            HEALEY, Bryan <Bryan.Healey@police.govt.nz>
to:                  Frank Macskasy
date:             Tue, Dec 10, 2013 at 9:15 AM
subject:       Road safety Enforcement
mailed-by: police.govt.nz

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Frank…..I am in receipt of your email to Ass. Commissioner Dave Cliff.

My question to you is, do you want to make a formal complaint against the other drivers or work through the Community Road Watch Programme?

The formal venture is by way of court action, the CRW programme is none formal and brings the matter to the attention of the drivers manner of driving.

Please advise.

 

New Zealand Police Logo

Senior Sergeant Bryan Healey
Manager Customer Services: Police Infringement Bureau | Road Policing Support | New Zealand Police

P   +64 4 3810107 | Ext: 44907   

E   bryan.healey@police.govt.nz
Police Infringement Bureau, PO Box 9147, Wellington, 6141, New Zealand www.police.govt.nz

 

Road Safety is Everyone’s Responsibility

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I responded, thusly,

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from:     Frank Macskasy
to:     “HEALEY, Bryan” <Bryan.Healey@police.govt.nz>
date:     Tue, Dec 10, 2013 at 5:14 PM
subject:     Re: Road safety Enforcement
mailed-by:     gmail.com
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Kia ora Bryan,

I would be more inclined to pursue the option of the Community Road Watch Programme. It is less punitive and hopefully should serve to remind the drivers that tail-gating (especially as I encountered it) is unacceptable behaviour (and potentially dangerous).

As I wrote originally to Ass. Commissioner Dave Cliff, the practice of tail-gating seems to be becoming a more regular occurrence and I was interested whether or not Police intend to focus on this offense, as they will be on speeding over the December/January period?

In the meantime, pursuing this matter with the two drivers through the CRW Programme appears to be the best option.

Regards,
-Frank Macskasy

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I realise I could have insisted on a prosecution – but in instances like these, education might be more effective than putting someone through an expensive Court system?

It was interesting to note that Snr Sgt Healey did not reply to my question;

“…the practice of tail-gating seems to be becoming a more regular occurrence and I was interested whether or not Police intend to focus on this offense, as they will be on speeding over the December/January period?

Let’s hope the wheels are slowly turning on this problem at Police HQ.

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Disclaimer: I’m no saint, and have had my share of parking infringement notices and speeding tickets. Especially in my wilder, youthful days.

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Random Thoughts on Random Things #3…

21 October 2013 3 comments

Why is it…

That drug testing the unemployed is seen by National Ministers as a good thing…

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Fail a drugs test and lose your benefit, job seekers warned

By Isaac Davison @Isaac_Davison

5:30 AM Monday Jul 2, 2012
Minister for Social Development Paula Bennett. Photo / Natalie Slade

Beneficiaries who refuse or fail drug tests while applying for jobs will have their welfare cut from mid-2013 under the Government’s next round of welfare reforms.

The National-led Government says there are now no consequences for drug-takers who opted out of job applications when faced with a drug test.

Social Development Minister Paula Bennett told the Herald the new Welfare Reform Bill would have new requirements for drug testing, but the finer details were still being finalised.

National’s pre-election policy document said beneficiaries who did not apply for a job because a prospective employer asked them to take a drug test would have their benefit cancelled.

If they took the drug test and failed it, they would also be sanctioned.

Source: NZ Herald

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… But drug testing the Police (who regularly have access to lethal weapons), is a big No-No?

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Police minister says no to drug tests at work

Updated at 7:38 pm on 17 October 2013

Police Minister Anne Tolley says police staff should not be drug-tested in the workplace.

Her comment came after a police prosecutor on Thursday admitted charges of using and possessing methamphetamine, and using cannabis.

Anne Tolley.

Anne Tolley.  NATIONAL PARTY

Brent Thomson posted videos of himself using methamphetamine, and blogs describing his use of drugs at sex parties in April and May, online.

Police found a small amount of the drug “P” and syringes when they searched the 49-year-old’s home. He is seeking a discharge without conviction in the Waitakere District Court.

Thomson, who worked mainly in the Family Violence Court and the Auckland District Court, is also subject to an employment investigation.

Anne Tolley says the overwhelming majority of police staff are doing a fantastic job and they should not face workplace drug testing. She says police are quick to prosecute their own if there is any wrongdoing.

The Police Association agrees that staff shouldn’t be given workplace drug tests. President Greg O’Connor says the public should be re-assured by the systems that police already have.

Source: Radio NZ

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All together now; H… Y… P… O… C… R… I… S… Y.

Yep, hypocrisy.  National has it mastered to a fine art.

With a good helping of beneficiary bashing.

Because if you, as a government can’t fire up the economy to create jobs and reduce unemployment (as we had under the previous Labour-led government), then the next “best” thing is to paint the unemployed as “lazy druggies”. If enough of the middle class (those who  still have jobs or don’t regularly associate with unemployed friends and family) swallow this mindless pap, then that translates nicely into votes at election time.

Never underestimate the power of demonising a minority – especially if there are votes in it.

Just ask any old historian familiar with Germany in the 1920s and 30s…

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Jewish_shops_in_Nazi_Germany

 

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Previous related blogposts

Labour: the Economic Record 2000 – 2008

2013 – Ongoing jobless talley

 

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It is 1984. It is ALWAYS 1984…

23 February 2013 4 comments

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surveillance2

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First, the Labour government introduced the Terrorism Suppression Act 2002. This law could outlaw an organisation and declare them a “terrorist groups”.

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Facts about Terrorism Suppression Act

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Some see  Greenpeace as a terrorist organisation.

Ten years later, and National enacted the Search and Surveillance Act 2012. This law allowed the Police to search or keep citizens under surveillance, without a warrant. The Police simply had to show it was an “emergency”.

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More surveillance powers for Govt and police

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This law  allows  Police to keep someone under surveillance and search their home if they are a political dissident/protestor.

Or maybe I’m being overly dramatic?

After all, Police wouldn’t be interested in people exercising their democratic right to protest.

Right?

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Police software mines social media

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Eventually, though, the gradual demise of our privacy impacts on all of us. Even for those within the Establishment, who originally thought it was a good idea.

After all, if you’ve done nothing wrong, you have nothing to fear.

Right?

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National Party boss alleges covert filming

Source

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As mainstream media focus and reports endless stories about crime and violence, society becomes more frightened of bogeymen just around the corner; or lurking behind bushes; or following us.

So we welcome any and all laws that successive governments give to the Police because, like children, we’re afraid of the bogeymen that the media tells us is waiting… just around the corner, or behind bushes.

Yes, crime does exist. Meteorites falling out of the sky also exist. Lotto winners exist.

So what are your chances of experiencing all three?

The way the media constantly fixates on crime – you’d think it could happen to you tomorrow.

The government could pass new laws every day of the week. Crime, however, will not go away. You probably will not be a victim tomorrow. Society will not be any more or less be any safer.

After all these laws – is it any more or less safer now?

Is the bogeyman real? Yes, he probably is.

But not today. And not tomorrow. Perhaps, for you, not ever.

But your loss of privacy is with you always.

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No more anarchy

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National Party president complains of covert filming – oh the rich irony!

6 February 2013 4 comments

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National Party boss alleges covert filming

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Oh dear, oh dear me. Karma is working overtime this year – and has National politicians and Party apparatchiks firmly in it’s sights.

National Party president Peter Goodfellow complains  of  having been the victim of   “covert video surveillance”?!?!

But wait – isn’t this precisely what National intended last year when they passed the odious Search and Surveillance Act 2012?!

The NZ Herald – no “lefty” newspaper – condemned the Bill on 21 September 2011, when it was still in passing through Parliament,

The new search and surveillance bill, which has been on Parliament’s books for two years, acknowledges this by providing for secret filming on private property in serious cases, including arms offences.

But the Government has been in no hurry to pass it, a fact criticised in the Supreme Court judgment. Now, with only two sitting weeks before the general election, time has run out.

If the Government wishes to rush its urgent short-term law through Parliament next week, it needs the Labour Party to agree. However, its leader, Phil Goff, points to the perils inherent in legislation that would apply retrospectively, so filmed evidence already collected could be used. He wants this new bill to go to a select committee. That is the right course.

In that forum, the Government’s case for urgency would be put under appropriate scrutiny. This would surely conclude that, in the context of sound parliamentary practice and the Supreme Court ruling, this legislation is inappropriate and probably unnecessary.”

Source

As Green MP, David Clendon said on 22 March last year,

This bill is overwhelmingly negative, in that it clearly seeks to give the widest possible powers to the police, to the Customs Service, to the Department of Internal Affairs, to the Ministry of Agriculture and Forestry, and to a whole swathe of other Government officials who hereafter will be enabled to make the most extraordinary intrusions into the private business of New Zealand citizens, who may well simply be going about their legal and honest business.

There is simply no justification for such a wide-ranging, all-encompassing, enabling approach. We simply do not have the political climate or the legal or social context that requires the level of intrusion that this bill will allow. This is far beyond the reasonable needs of the police or any other Government enforcement agency.

The argument that this level of intrusion need concern only criminals, and that honest people may rest assured that their privacy and the integrity of their homes, business, and indeed their person will not be compromised, simply does not wash.”

Source

The National Business Review wasn’t terrible happy either, in this headlined story a day later,

‘Undemocratic’ Search and Surveillance Bill made law

Source

And Taranaki’s Daily News” editorial on 2 October last year was equally critical,

At the time of the act’s introduction to Parliament in March, Justice Minister Judith Collins defended it on the basis of it bringing “order, certainty, clarity and consistency to messy, unclear and outdated search and surveillance laws”.

She also pointed out that the act draws together, under one statute, the powers that existed under 69 separate laws.

That rationale, which borders on the closest the Government could come up with as an assurance that this was no significant change, more good housekeeping, will reassure no-one.

[...]

Even at this early stage there is a disquiet among many in this country who traditionally are government supporters.”

Source

The Search and Surveillance Act 2012 gave extensive additional powers to the Police and to other State bodies. In many instances, Police may not even have to apply for a warrant to keep you, your family, your friends, under surveillance.

So for Mr Goodfellow to now complain about a breach of his privacy because he was covertly filmed… oh the delicious irony of it!

A private investigator may not be an official arm of the State – but considering that National is only too happy to contract out services – including private prisons and schools – should not escape our notice. A private investigator is only a contract-away from doing the State’s bidding.

Especially under a National regime.

And anyway, what does Mr Goodfellow have to fear if he is being covertly filmed?

As National MP Tim Macindoe said in Parliament on 7 March last year, when the Search and Surveillance Bill was being debated,

I have to say I do not have a lot of interest in the human rights of those who are not interested in obeying the laws, because quite often they threaten our safety, our security, our homes, our elderly, and the vulnerable in our society.”

Source

Ain’t it a bitch when a government passes authoritarian legislation, extending police powers, and that government’s own Party members get caught up as  ‘victims’ of a resulting culture of State intrusion into our private lives?

Welcome to the real world, Mr Goodfellow.

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No more anarchy

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Why arming our Police is not such a flash idea

27 December 2012 27 comments

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No more anarchy

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When the National Rifle Association’s  Wayne LaPierre suggested that the “solution” to mass shootings in US schools was to arm teachers, the response of  trhose with more common sense was one of  (a) disbelief (b) dismay and (c) disgust. (See previous blogpost: NRA response; more guns. Common sense sez otherwise. )

And rightly so. Escalation of  America’s internal arms race could not be viewed by any sane human being as anything other than compounding the madness that is part and parcel of  their fixation on guns.

New Zealanders generally shook their collective heads at the sheer stupidity of  Wayne LaPierre’s suggestion.

But it seems that we, ourselves, are not above knee-jerk reactions when it comes to crime, drunken mayhem, Police, etc.

As is usual now with the de-regulation of the booze industry and our laws on alcohol (courtesy of the “free market” and the Cult of the Individual), theend-of-year “festive season” now includes a routine plethora of out-of-control parties and public displays of alcohol-fuelled violence.

As if we should be surprised that the easy availability of cheap booze would have any other consequences?

This year was no different, with several instances of Police having to deal with alcohol-fueled fights and other public dis-order.

The intensity of the violence has taken a new turn, with Police themselves coming under direct attack.

One was particularly nasty,

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Attacks on police lead to call for arms

Full story

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In one, big, reflexive jerk of the knee, Police Association vice-president, Luke Shadbolt, repeated the call to routinely arm police,

Increasingly, members are calling for general arming. And we know, amongst the staff … more and more are leaning toward general arming as well.”

See: IBID

Thankfully, though, others in the Police force were able to exercise a modicum of common sense. Whangarei area commander Inspector Tracy Phillips stated the blindingly obvious,

I don’t know what would have happened [if he'd been armed] but firearms are easier to use than Tasers.

See: IBID

That’s right, folks; one of the drunk partygoers had taken the constable’s taser and had tried to use it on the unconscious police officer.

The complexity of the weapon defeated the drunk idiot.

Now replace the taser with a handgun.

Instead of two bruised and battered police officers, we would have at least one – probably two – dead police; grieving families; and two more names to add to a sad list at the Police College of fallen policemen and women,

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Police Remembrance Day 2012 v3

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In this case, the lack of guns probably saved two lives.

Meanwhile, as if we needed to emphasise the point, in 2010 seven American  police officers were killed by their own weapons that had been taken from them. (See:  FBI Releases Preliminary Statistics for Law Enforcement Officers Killed in 2010)

We have a problem in this country, but it is not with unarmed Police.

Our problem lies with the ubiquitous availability of dirt-cheap booze; a gutless National “government” that has kowtowed to the liquor industry; and an attitude in this country that alcohol abuse is someone elses’ problem.

Anyone who seriously thinks that giving guns to police will solve this deep malaise in our society has probably had one too many.

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Additional

The Press: New liquor laws ‘dog’s breakfast’ – Dickerson (12 Dec 2012)

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John Banks – escaping justice (Part Toru)

17 September 2012 10 comments

Continued from: John Banks – escaping justice (Part Rua)

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A link to the blogpost, John Banks – escaping justice (Part Rua) was emailed to John Banks earlier today (14 September).

Unexpectedly, this blogger has received a response from John Banks’ office,

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Date: Friday, 14 September 2012 3:12 PM
From: Christopher Diack <Christopher.Diack@parliament.govt.nz>
To: “‘fmacskasy@yahoo.com'” <fmacskasy@yahoo.com>
Subject: RE: John Banks.

Dear Frank

On behalf of the Hon John Banks Leader of ACT and MP for Epsom thank you for your email of 14 September 2012 regarding the recent release of Official Information relating to the investigation into Mr Banks’ 2010  return of donations and expenses for the election of the mayor of Auckland.

Mr Banks has asked me to respond as follows.

In our system of government the Police independently decide if there is a case to answer and if charges are laid under the law.

Mr Banks filed his return in good faith believing it to be correct and true.

There was an extensive three month investigation by the Police which weighed all the evidence and concluded that the intent to file a return that was materially false was not established.   Therefore no charges were laid.  The conclusion is that Mr Banks has complied with the law.

As far as Mr Banks is concerned the matter is closed. 

Regards

Chris

Christopher J. W. Diack

Chief of Staff & Legal Advisor

Office of Hon. John Banks, CNZM, QSO

Minister for Regulatory Reform | Minister for Small Business | Associate Minister of Commerce

Associate Minister of Education | MP for Epsom | Leader ACT New Zealand.

11.21 Bowen House

Parliament Buildings

Wellington

DDI +64 4 817 6970 | FAX +64 4 817 6523 | Mobile +64 21 800 901

christopher.diack@parliament.govt.nz

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Astounding.

Actually receiving a response…

We must be living in an Age of Miracles…

Reply emailed to Mr Diack this evening (15 September),

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Date:  Saturday, 15 September 2012 8:43 PM
From: Frank Macskasy <fmacskasy@yahoo.com>
Reply-To: Frank Macskasy <fmacskasy@yahoo.com>
Subject: Re: John Banks.
To: Christopher Diack <Christopher.Diack@parliament.govt.nz>
Cc: John Key <john.key@parliament.govt.nz>

Kia ora, Chris,Thank you for responding to me letter, and with promptness. Your courtesy in this area is to your credit considering that most National ministers no longer bother to reply to correspondence from the public.In response to your email dated 14 September, I would like to pose several questions that you and Minister Banks may be able to assist with, and clarify.1. Can you confirm that Minister Banks has declined to give permission for his Statement to the Police, to be released to the public?2. Can you or Minister Banks explain why he refuses to make public his Statement when he has consistantly adopted a personal position that he had “nothing to fear, nothing to hide”?3. You stated that “Mr Banks filed his return in good faith believing it to be correct and true”. How do you reconcile that assertion when Minister Banks requested  that Kim Dotcom split his  $50,000 donation in two equal parts of $25,000 each, so as to be recorded as anonymous donations? 4. You stated that “Mr Banks filed his return in good faith believing it to be correct and true”. How can that be true when,  Minister  Banks’ own lawyer,  Gregory Towers, stated to Police investigators that Minister Banks instructed  him on 8 February,  “… that as much as [he, John Banks] wished to publicly support Kim that may backfire on Kim if it became known about the election support” – and yet on 27 April, nearly three months later, Minister Banks told TV3 News, “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”.5. Are you or Minister Banks aware that, on 2 May,  ACT Party President, Chris Simmons, was interviewed on Radio New Zealand’s “Checkpoint” programme by Mary Wilson, where he stated that splitting  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”. Was Mr Simmons correct in that initial statement?

6. Mr Banks’ mayoral campaign  received three additional “anonymous” $25,000 donations for his mayoral campaigns.  Who were those donations from? Were they one $75,000 donation from one individual/organisation? Were receipts issued for those donations? Did the Police investigate the source of those donations? What, if anything, was the outcome of scrutiny into those three $25,000 donations?

7. You stated in your email to me that  ” The conclusion is that Mr Banks has complied with the law.  ”  How do you reconcile that proposition with Police statements that they are unable to prosecute because the matter falls outside a statute of limitations on laying prosecutions? Do you accept that rather than ” the conclusion is that Mr Banks has complied with the law”, that Minister Banks escaped prosecution only because of a legal technicality?

8. You further stated in your email to me that “There was an extensive three month investigation by the Police which weighed all the evidence and concluded that the intent to file a return that was materially false was not established. ” How do you reconcile that statement with a claim by Ms Mackey, who challenged claims that  Mr Banks signed the Electoral Form without reading it and insisted,  “But John Banks did read the document.” And do you accept that rather than ” the conclusion is that Mr Banks has complied with the law”, that Minister Banks escaped prosecution only because of a legal technicality?

9. Is Minister Banks in a habit of signing documents he has not read?

10. Is it correct that Minister  Banks incited Kim Dotcom to break the Electoral law on reporting donations by advising him to hide the $50,000 donation: “I want to help you Kim and I can help you more effectively if no-one knows about this donation.”?

11. Are you or Minister Banks aware that Skycity received a receipt from Bank’s Campaign Treasurer for their $15,000 donation and that donation was later listed as ‘anonymous’? How can a donation that was acknowledged by way of a written  receipt be considered as “anonymous”? What is the definition of “anonymous” when the identity of the donor is known?

12. Why did Minister Banks continue to insist to media and public alike, that  he had no memory of any of these matters – and yet evidence and statements by others proved that he had full knowledge of donations made; the identity of donors; that he advised donors how to ensure that donations were recorded as “anonymous”; and that Minister Banks had sought prior  legal advice how to evade provisions of the Local Electoral Act 2001?

13. Will Minister Banks offer his resignation to the Prime Minister and step down from all ministerial roles? 

 
I look forward to answers to these questions and matters raised therein.
 
Thank you for your time.
 
Regards,
-Frank Macskasy
Blogger

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Mr Diack’s response, received this morning (17 September),

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Date: Sunday, 16 September 2012 6:26 PM
From: Christopher Diack <Christopher.Diack@parliament.govt.nz>
To: ‘Frank Macskasy’ <fmacskasy@yahoo.com>
Subject: RE: John Banks.

Dear Frank

 

Please refer to my earlier email.

 

Regards

Chris

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Unfortunately, Chris Diack’s previous email does not answer any of the thirteen questions put to John Banks. (In fact, this blogger is aware that Mr Diack’s response  has been sent to other citizens, who have emailed his office expressing concerns on this issue.)

This is unacceptable and I wonder how Messrs Diack and Banks can reconcile their evasiveness with the latters constant mantra, “nothing to fear, nothing to hide”.

John Banks seems to be hiding a great deal and his continuing warrant to serve as a Minister of the Crown is based solely on the desperation of his patron, John Key, to preserve his one seat majority in Parliament.  This is the sordid, shabby, self-serving situation that John Key lambasted Prime Minister Helen Clark, over the Winston Peters-Owen Glenn donations affair,

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“  Peters unacceptable in a National-led Government

Wednesday, 27 August 2008, 4:24 pm
Press Release: New Zealand National Party

John Key MP
National Party Leader

27 August 2008

Peters unacceptable in a National-led Government

National Party Leader John Key says Winston Peters would be unacceptable as a Minister in a government led by him unless Mr Peters can provide a credible explanation on the Owen Glenn saga.

“Labour Party donor Owen Glenn’s letter to the Privileges Committee completely contradicts Winston Peters’ version of events about the substantial $100,000 donation made by Mr Glenn to Mr Peters’ legal costs.

“Mr Glenn’s letter represents a direct challenge to Mr Peters’ credibility, from the only other person in the world in a position to know the facts.

“From Parliament’s point of view, the Privileges Committee provides an appropriate vehicle to resolve the points of conflict and to hold individuals to account. But from the Prime Minister’s and the Government’s point of view, that is not enough.

“Governments and Ministers must enjoy the confidence of the Parliament and, ultimately, the public. Faced with today’s revelations, it is no longer acceptable for Mr Peters to offer bluster and insults where simple, courteous, honest answers are required.

“It is no longer acceptable or credible for Helen Clark to assert a facade of confidence in her Foreign Affairs Minister and to fail to ask the plain questions of him that she has a duty to the public to ask.

“Faced with today’s revelations, Helen Clark must stand Mr Peters down as a Minister. That is what I would do if I were Prime Minister. Helen Clark has stood Ministers from Labour down for much less.

“Unless he can provide a credible explanation about this serious issue, he should be unacceptable to Helen Clark as a Minister in her Labour-led Government.

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

Source: Scoop.co.nz – Peters unacceptable in a National-led Government

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Same situation.

Same desperation to to hang on.

Same standards.

It is even more laughable that John Key states that he has not read the Police file on this case; is not going to read the Police report; and is satisfied that he has taken John Banks at his word,

Shane: This isn’t about the issue being you. All I want to know is having read the police report, whether you believe Mr Banks when he said -

John: I haven’t read that police report, and I’m not going to because I don’t need to. I rely, as any prime minister would, that I enjoy the confidence -

Shane: Why wouldn’t you read the police report?

John: Because it’s not my job to do a forensic analysis. What I can tell you is the law doesn’t work. What I can tell you is this is a politically motivated attempt by the Labour Party to get at the government. Fair enough. That’s called politics.

Shane: So you believe him even though others say he was lying?

John: No, what I’m saying to you is accept his word. I accept that the law is very ambiguous, and I accept that the Labour Party are using this as a politically motivated attempt to get to the government. Because they’re not going after – This is a guy that lost the mayoral election. They didn’t try and test this out after he lost. They didn’t test it out for every other candidate. They’re not testing it out around the country. And, by the way, when they changed the central government law around donations, they didn’t bother to do it for local government. But today they care about it, and that’s because it’s politically motivated.

See: TVNZ Q+A Interview with Prime Minister John Key

His “word”?

What “word”?!

Throughout this shameful affair, the public has seen John Banks obfuscating; forgetting; lying; and blaming everyone else for his own actions.

For John Key to buy into the “blame-everyone-else-game” (Labour, the law, etc) shows how bankrupt National’s Standards really are.

National and ACT demand a high standard of personal responsibility from everyone else. They are the Parties built on the mantra of  Taking Personal Responsibility. It is the height of hypocrisy that neither Banks nor his handler  are prepared to Take Personal Responsibility they expect from everyone else,

But it is also true that anyone on a benefit actually has a lifestyle choice. If one budgets properly, one can pay one’s bills.

“And that is true because the bulk of New Zealanders on a benefit do actually pay for food, their rent and other things. Now some make poor choices and they don’t have money left.”

See: Food parcel families made poor choices, says Key

Whilst the poor are beaten about their heads  with messages of  Taking Personal Responsibility, dishonest politicians who escape prosecution on technicalities and the patronage of the Prime Minister, laugh and thumb their noses at the law.

No wonder that John Key has stated that if National loses at an election that he would step down as Party leader,

He also said he had made it reasonably clear that he did not want to revert to being Opposition leader.

“I don’t think it suits me as a person. I’m not a negative person and a lot of Opposition is negative“.”

See: Key says he’ll quit politics if National loses election

I would add that Key’s credibility is shot to hell and he could never again launch a critical attack on a Labour government minister who has been shown to be engaged in lies and wrongdoing.  The word “hypocrite” would echo through the Debating Chamber every time Key stood to criticise someone.

If, reading this, you feel a sense of frustration and outrage that our elected representatives can behave in such a reprehensible manner – rest assured, you are quite normal and your “moral compass” is set as it should be.

If, however, you are an ACT or National supporter, and  you see nothing wrong with  Banks’ and Key’s behaviour – rest assured, this new standard of political cronyism will be used by future  governments when it suits their purposes.

No doubt then we’ll hear some serious braying and moral chest-thumping from National/ACT supporters?

Oh, how I’ll look forward to that day.

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Relared blogpost

Key on Banks; Staunch, stupid, or stuck?

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John Banks – escaping justice (Part Rua)

14 September 2012 18 comments

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Frank Macskasy Frankly Speaking John Banks

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Continued from: John Banks – escaping justice

Following on from the police decision on 26 July not to prosecute John Banks for submitting an allegedly fraudulent Electoral Return, containing incorrect details of donors, this blogger emailed the Prime Minister on this issue,

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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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No reply (or even acknowledgement) received as yet, by14 September.

An acknowledgement was, however, received from Winston Peters’ office.

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Update

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Since the Police decision, the files on this case have been released to the public and the revelations are shocking to put it mildly.

What the police have uncovered is corrupt behaviour, lying, manipulation of the law, and a Crown Minister who has escaped prosecution on the flimsiest of technicalities.

What the Police files reveal:

  • Banks received three additional “anonymous” $25,ooo donations for his mayoral campaigns. (See: Police file: How Banks’ team targeted rich-list  ) Who were those donations from? Were they one $75,000 donation from one individual/organisation? Were receipts issued for those donations? Did the Police investigate the source of those donations?
  • The Police state that  although Banks had filed a false election return, “he hadn’t done so deliberately, because he had signed it without reading it“. Really?! Is that the new standard set in New Zealand where people can sign documents and escape liability by simply claiming “I didn’t read it”?! (Can I use that with my bank manager to stop paying my mortgage, because “I didn’t read my  mortgage agreement with my bank?”. Won’t she be pleased!)
  • Skycity received a receipt from Bank’s Campaign Treasurer for their $15,000 donation. That donation was later listed as ‘anonymous’.  (By contrast, Len Brown – who also received a $15,000 donation from Skycity – openly and correctly recorded the source of that donation on his Electoral return.) How could Banks’ Treasurer then knowingly record that Skycity donation as “anonymous”?!
  • Banks twice phoned Dotcom to thank him for the donation – the same donation he could not remember when first challenged by the media.
  • John Banks incited Kim Dotcom to break the Electoral law on reporting donations by advising him to hide the $50,000 donation: “I want to help you Kim and I can help you more effectively if no-one knows about this donation.” (See: John Banks told lawyer of support by Dotcom )
  • Banks is now trying to hide his statement to the Police, despite his oft-repeatred mantra, “Nothing to fear, nothing to hide”. Banks is most certainly doing his utmost to hide his statement he made to the police. See: “Banks camp’s stories differ“. What is Banks trying to hide from the Public? What more is there that would damn John Banks in the eyes of the public? What indeed.

Further  playing the role of the scoundrel and rogue, Banks then has the temerity to blame others for his mendacity. Through a spokeswoman (because Banks hasn’t the intestinal fortitude to front directly to the media), he released this statement,

A spokeswoman for the minister said he had always stated he signed the electoral return in good faith believing it to be true and correct. “He has always believed he acted within the law.”

She said the law – passed by Labour 11 years ago and tightened yesterday – was “unclear, unfair and unworkable”.

“Mr Banks believes that no candidate for public office should have to go through what he has been through.”

Unbelievable!!

Banks says “He has always believed he acted within the law” ?!?!

By advising a political donor to hide his donation by splitting it in two?

Banks then attempts to blame the Labour Party by suggesting that the law was “unclear, unfair and unworkable” ?!?!

The law is actually quite clear and specific:

”  109 Return of electoral expenses

(1) Within 55 days after the day on which the successful candidates at any election are declared to be elected, every candidate at the election must transmit to the electoral officer a return setting out—

  • (a) the candidate’s electoral expenses; and

  • (b) the name and address of each person who made an electoral donation to the candidate and the amount of each electoral donation; and

  • (c) if an electoral donation of money or of the equivalent of money is made to the candidate anonymously and the amount of that donation exceeds $1,000,—

    • (i) the amount of that donation; and

    • (ii) the fact that it has been received anonymously.

(2) Every return under subsection (1) must be in the form prescribed in Schedule 2 or to similar effect.

(3) If the candidate is outside New Zealand on the day on which the successful candidates are declared to be elected, the return must be transmitted by the candidate to the electoral officer within 21 days after the date of the candidate’s return to New Zealand.

(4) It is the duty of every electoral officer to ensure that this section is complied with. “

Source: Local Electoral Act 2001

The law is actually quite clear and specific: donations and donors are to be truthfully recorded:  “the name and address of each person who made an electoral donation to the candidate and the amount of each electoral donation; and…

It was not the law at fault – it was the person who conspired to defeat that law who is at fault here. If a person like John Banks is not preprared to follow the law – both in letter and spirit – then no amount of “tightening” legislation will work. People like Banks will simply find new ways to circumvent the intent of legislation.

It is therefore a bit rich for Banks to say,

As Charles Dickens said in 1838 the law is an ass – and it’s important that the Government cleans it up. No candidate for public office should go through what I had to go through.”

See: Banks welcomes changes to ‘unfair’ donations law

The law is not an “ass”. The real  ass is a certain MP for Epsom who treats the law like a minor irrirant, to be brushed aside at will.

Banks would not have gone  “through what [he] had to go through” had he simply followed  the law. It wasn’t “rocket science”.

Banks is also blaming Police for not releasing the record of  his three-hour interview with the Police, saying that it was their decision. This is another lie from the Member for Epsom.

As with all lies, they eventually collapse under their complexity, as happened when Banks’ press secretary let slip that he had indeed “gone over” his Electoral Return with his Campaign Treasurer, before signing it,

Mr Banks is likely to face further questions after his press secretary removed his line of defence against the accusations.

Police said they could not prove that he knew the content of the form was false because it was filled out by the campaign treasurer, who assured Mr Banks it was “true and correct”. Mr Banks then signed it.

Ms Mackey yesterday challenged descriptions of this as saying Mr Banks signed the form without reading it. In an email, she said: “But John Banks did read the document.”

Police had already established Mr Banks knew who some anonymous donors were. Ms Mackey’s statement meant he would have known the donation form did not include donors of whom he was personally aware.

She then back-pedalled, saying the treasurer had “gone over” the form with Mr Banks.

See: Banks camp’s stories differ

This  is not the first time that the  Banks/ACT camp has slipped up and  issued a conflicting statement,

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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’s “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

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So it appears that Simmons was right the first time; John Banks had indeed suggested to Dotcom to split the $50,000 donation. When Simmons retracted that statement less than an hour later, that is when he lied when he said,

I can’t say that because I don’t know that and John hasn’t told me that. I haven’t asked John that. What John has told me is he spoke to a lot of people asking for donations. He has told me [he] spoke to Dotcom but I haven’t gone into the details of it. All I’m interested in [is] was that donation report above board. He’s been very clear he has nothing to fear and nothing to hide.”

See: Act Party president flip flops on money

How many people have been drawn into Banks’ web of lies? How many more will  lie for him?

It should be abundantly clear to any but the most partisan National/ACT supporter that John Banks has the moral compass of a Nigerian scammer. It is therefore unacceptable that, when challenged, Dear Leader John Key reaffirms his support for Banks,

 “Nothing has changed when it comes to (our earlier) position. I haven’t read the full (police) report, I’ve seen what’s in the media … Look, this is a politically motivated attack from Labour and really where they should have put their political energy is changing the law. It is very, very broad, unworkable law and that’s why the Government is changing it now.”

John Key was then asked if he still maintained confidence in Banks, and replied,

Yes absolutely.”

See: PM stands by John Banks

Two points;

1. The law currently states that ” if an electoral donation of money or of the equivalent of money is made to the candidate anonymously and the amount of that donation exceeds $1,000…

National is planning to change the Act by raising the limit to $1,500. How that would have prevented Banks from rorting the Electoral Act is unclear to this blogger.

2. When NZ First Leader, Winston Peters was embroiled in the Owen Glenn donations scandal, John Key was very adamant what he expected from then-Prime Minister, Helen Clark,

”  Peters unacceptable in a National-led Government

Wednesday, 27 August 2008, 4:24 pm
Press Release: New Zealand National Party

John Key MP
National Party Leader

27 August 2008

Peters unacceptable in a National-led Government

National Party Leader John Key says Winston Peters would be unacceptable as a Minister in a government led by him unless Mr Peters can provide a credible explanation on the Owen Glenn saga.

“Labour Party donor Owen Glenn’s letter to the Privileges Committee completely contradicts Winston Peters’ version of events about the substantial $100,000 donation made by Mr Glenn to Mr Peters’ legal costs.

“Mr Glenn’s letter represents a direct challenge to Mr Peters’ credibility, from the only other person in the world in a position to know the facts.

“From Parliament’s point of view, the Privileges Committee provides an appropriate vehicle to resolve the points of conflict and to hold individuals to account. But from the Prime Minister’s and the Government’s point of view, that is not enough.

“Governments and Ministers must enjoy the confidence of the Parliament and, ultimately, the public. Faced with today’s revelations, it is no longer acceptable for Mr Peters to offer bluster and insults where simple, courteous, honest answers are required.

“It is no longer acceptable or credible for Helen Clark to assert a facade of confidence in her Foreign Affairs Minister and to fail to ask the plain questions of him that she has a duty to the public to ask.

“Faced with today’s revelations, Helen Clark must stand Mr Peters down as a Minister. That is what I would do if I were Prime Minister. Helen Clark has stood Ministers from Labour down for much less.

“Unless he can provide a credible explanation about this serious issue, he should be unacceptable to Helen Clark as a Minister in her Labour-led Government.

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

Source: Scoop.co.nz – Peters unacceptable in a National-led Government

Indeed.

Your call, Mr Key.

Addendum

A link to this blogpost has been emailed to media, political parties, as well as John Key and John Banks. Why not? Nothing to fear, nothing to hide…

Continued at:

John Banks – escaping justice (Part Toru)

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Related blogpost

Key on Banks; Staunch, stupid, or stuck?

Additional

Local Electoral Act 2001

Summary Proceedings Act 1957, Section 14

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

Police Complaint File No: 120427/9334

Listen to Mary Wilson’s interview with Malcolm Burgess (26 July 2012)

Call to sack Banks after more donations details released (13 September 2012)

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