Archive for 17 September 2012

John Banks – escaping justice (Part Toru)

17 September 2012 11 comments

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


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,


Date: Friday, 14 September 2012 3:12 PM
From: Christopher Diack <>
To: “‘'” <>
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. 



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


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



Actually receiving a response…

We must be living in an Age of Miracles…

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


Date:  Saturday, 15 September 2012 8:43 PM
From: Frank Macskasy <>
Reply-To: Frank Macskasy <>
Subject: Re: John Banks.
To: Christopher Diack <>
Cc: John Key <>

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.
-Frank Macskasy


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


Date: Sunday, 16 September 2012 6:26 PM
From: Christopher Diack <>
To: ‘Frank Macskasy’ <>
Subject: RE: John Banks.

Dear Frank


Please refer to my earlier email.





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,


“  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: – Peters unacceptable in a National-led Government


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.




Relared blogpost

Key on Banks; Staunch, stupid, or stuck?



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A lesson in Energy Economics

17 September 2012 Leave a comment




This is the Treaty of Waitangi, signed by most tribes in New Zealand, and by the Representative of Her Majesty, Lieutenant-Governor, William Hobson,



The full English text can be read here: Treaty of Waitangi.

The relevant part to the treaty, guaranteeing rights to land, forests, water, mountain, etc, is this bit, Article 2,

Article the second [Article 2]

Her Majesty the Queen of England confirms and guarantees to the Chiefs and Tribes of New Zealand and to the respective families and individuals thereof the full exclusive and undisturbed possession of their Lands and Estates Forests Fisheries and other properties which they may collectively or individually possess so long as it is their wish and desire to retain the same in their possession; but the Chiefs of the United Tribes and the individual Chiefs yield to Her Majesty the exclusive right of Preemption over such lands as the proprietors thereof may be disposed to alienate at such prices as may be agreed upon between the respective Proprietors and persons appointed by Her Majesty to treat with them in that behalf.

Seems fairly clear; what’s theirs is theirs and no nicking each others’ stuff.

Now, unfortunately, I have fellow New Zealanders who hold to the belief that the Treaty of Waitangi is “no longer relevant” or is “outdated”.

Interesting idea that; “no longer relevant”.

Firstly, the Treaty has no “expiry date” or “statute of limitations”. Nothing in the  small print  states that the Treaty is valid for only X number of years.

Secondly, imagine trying to tell our American cuzzies that their Declaration of Independence – signed in 1776AD, and therefore some 64 years older than our own Treaty – is “no longer relevant” or  “outdated”? They’d have half their US Marines camped outside your front door – and not in a happy way, either.

And of course, there is the Magna Carta, signed in 1215AD, and which is the basis of much of our modern law.  If the Magna Carta is “no longer relevant” or  “outdated” then we are in serious trouble, as the state would have arbitrary powers of detention and imprisonment without right of trial, and we would lose other legal protections from State abuse.

And then there are the Ten Commandments, several thousand years old, which state the most basic laws of a civilised society; no killing, no stealing, no false accusations, etc.

Few people would try to assert that these basic laws are “no longer relevant” or  “outdated”?

Time does not extinguish rights.

Those who object to the principles of the Treaty do so out of fear and misconceptions (and sometimes out of downright racist hostility) than any notions of fairness.

The Treaty is the basis upon which our ancestors agreed to live together and to respect each other. We should respect that agreement and use it in the spirit in which it was signed.

Otherwise we disrespect our forebears (on all sides) and do ourselves a dishonour in the  process.

Moving forward and onward…




In replying to Maori claims of water rights, Dear Leader John Key has stated earnestly that “no one owns the water”.

Until now,  Maori have made no claims over water in terms of this country’s energy production. With Meridian, Mighty River Power, and Genesis Energy under collective  state ownership, it could equally be said that “no one owned the power companies – they belonged to us all.

If, until now, we all benefitted from collective ownership of power companies, then, equally the source of that power was in collective ownership. Now National is attempting to privatise 49% of  Meridian, Mighty River Power, and Genesis Energy – effectively changing the rules.

The concept of private ownership is now contemplated for up-till-now collectively-owned assets. So what about the source of that power which will now benefit a small group who will own 49%?

Can the source of hydro power be owned, especially when it produces profits?

Let’s test that idea, shall we?

Simple question: who owns the following resources?



Oil. Natural  gas. Coal. Uranium. None of this stuff  is free. Someone owns the ground or the process used to extract it.  There is a concept of private ownership  over these energy sources that can be quantified, measured, controlled,  priced, and sold.

Until Pakeha arrived on these fair shores as the second wave of  “boat people” – refugees from a class-stratified society – Maori had no concept of private ownership. Property was not owned by individuals. Iwi and hapu held collective kawanatanga over their lands, waters, forests, hills, seashores, etc.

Once Pakeha arrived, the notion of private ownership and Land Titles were introduced to Maori.

Some Pakeha might object – but water is sacred!

So is land. God knows enough of our young men have gone off to war to defend our nation; our people; our lands, from foreign domination, in two World Wars.

Some Pakeha would object – but water is ephemeral!

So are radio/television  frequencies. But that hasn’t stopped the government to leasing/selling those to private companies. (Try broadcasting on the same wavelength as TVNZ or TV3, and see what the reaction from those companies and the State would be.)

This is a hydro power station,



Powered by this stuff,



Water  generates the turbines which produces the power that is on-sold to consumers.

So how does water differ from oil, gas, coal, and uranium?

Private ownership?  It suited us Pakeha when it was used to our benefit to “acquire” land from Maori.

Maori learnt that lesson well and the shoe is now on the other foot.

If Pakeha are going to flog of 49% of  assets that, up till now, no one owned and collectively benefitted us all, then by the gods, Maori can – and should – apply precisely the same principle.

Welcome to the world of capitalism – our ‘gift’ to Maori




Pakeha schizophrenia over private ownership was nowhere better summed up than on TVNZ’s Q+A, on 16 September, when Shane Taurima interviewed Dear Leader John Key on this issue,



In a stunning act of conversion to social democratic principles, John Key equated the collective ownership of water with oil and gas,

… So if you accept that viewpoint, then I think you have to accept that elements like water and wind and the sun and air and fire and all these things, and the sea, along with natural resources like oil and gas, are there for the national interest of everyone. They’re there for the benefit of all New Zealanders, not one particular group over another. “

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


JohnKey is telling us that, ” natural resources like oil and gas, are there for the national interest of everyone. They’re there for the benefit of all New Zealanders, not one particular group over another “?!?

Since when did National or Labour nationalise the oil and gas industry???

This little piece of news-trivia slipped by me, that’s for sure. (Must’ve been announced on the other TV channel when we wasted two minutes watching ‘The Ridges‘.)

It’s pure bullshit of course. John Key is spinning porkies when he’s suggesting that the oil and gas industry is ” there for the national interest of everyone “. These resources belong to various corporations – not ”  for the benefit of all New Zealanders “.

In fact, the last time New Zealand held any State ownership in any aspect of the oil and gas industry was  with Petrocorp and Maui gas – both  privatised, respectively, in 1988 and 1990.

See: Treasury – Income from State Asset Sales

John Key’s assertion that the oil and gas industry is ” there for the national interest of everyone ” is either delusional (spending too much time with John Banks?) or a clumsy fairytale to try to woo New Zealanders into a cosy, cotton-wool, fantasy world.

This blogger would welcome and support National nationalising all oil and gas production in this country, ”  for the benefit of all New Zealanders “.

The fact is that Dear Leader blew it.

Not only was his paradigm absurdly false – but it actually shored up the legitamacy of Maori claims over water rights.

If private ownership can be conferred over this country’s oil and gas resources, for the private benefit of shareholders, then John Key needs to explain – in far more truthful terms this time – why water is different.

This blogger  believes that so far he has made a complete hash of things.

More importantly, will a Court take a similar view?

My money is on Maori winning this one.




An email sent to Dear Leader,

Date: Monday, 17 September 2012 12:11 AM
From: Frank Macskasy <>
Reply-To: Frank Macskasy <>
Subject: Nationalisation of oil and gas resources
To: John Key <>
Cc: David Shearer <>,
    Russel Norman <>,
    Metiria Turei <>,
    Winston Peters <>

Kia Ora Mr Key,
On 16 September, you stated on TVNZ’s Q+A the following statement,
” … So if you accept that viewpoint, then I think you have to accept that elements like water and wind and the sun and air and fire and all these things, and the sea, along with natural resources like oil and gas, are there for the national interest of everyone. They’re there for the benefit of all New Zealanders, not one particular group over another. “


I missed the occassion when our oil and gas industries were nationalised, so that profits would remain in New Zealand,  “for the benefit of all New Zealanders, not one particular group over another”.

This is an excellent state of affairs and I welcome your government’s conversion to social democracy whereby  our ”  natural resources like oil and gas, are there for the national interest of everyone “.

I take it as a given then, that you have not only abandoned your asset sales programme, but will be re-nationalising Contact Energy.

In which case, it is a truism that “no one owns the oil and gas” in the ground, and subsequently these resources belong to all New Zealanders collectively.

I may have to reconsider my vote, come 2014, as I wish to support the newly discovered  social-democratic principles shown by your Party.

With regards,
-Frank Macskasy





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