RNZ blocked from revealing education report
By John Gerritsen of RNZ
Attorney-General Judith Collins has been granted an emergency injunction by the High Court to block RNZ from publishing a story it says would damage the government's ability to take part in collective bargaining.
The gag order prohibits RNZ from reporting the contents of a confidential education pre-Budget report, which court documents filed by the Attorney-General's office said contained "commercially sensitive information that would prejudice the government's ability to engage effectively in collective bargaining".
The court-ordered injunction follows RNZ approaching the office of Education Minister Erica Stanford yesterday afternoon for comment after seeing a document titled "Report: Budget 25 Initiative Themes".
The minister's office responded by warning RNZ not to publish any of the details contained in the paper.
"I'm putting you on notice that you have sighted improperly released budget sensitive information", a spokesperson for the minister said. "It is not in the public interest to be released. Can you please confirm that information will not be published at this time? Can you please come back to me immediately."
Emails contained in court documents show that, minutes later, the minister's office contacted Solicitor-General Una Jagose, KC, who is the chief executive of Crown Law, and legal action commenced to have RNZ restrained from using any information in the document it had seen.
At 4pm yesterday, Justice Dale La Hood heard an urgent application from the Attorney-General and granted an interim injunction without notice preventing publication.
"The defendants are restrained from publishing or disseminating themselves or by their agents any information contained in the 'Report: Budget 25 Initiative Themes'," he ordered.
"For the avoidance of doubt, nothing in these orders restrains in any way any journalist from reporting on the Budget once delivered."
The Attorney-General's office had applied for the injunction on the grounds that "the report is confidential and Budget sensitive and contains commercially sensitive information that would prejudice the government's ability to engage effectively in collective bargaining".
"The defendants are aware that report was prepared for Budget purposes and are on notice of its confidential nature. It can only have come into the defendants' hands through a breach of confidence by a person(s) unknown to the plaintiff (breach of confidence).
"The defendants are aware the information is confidential and that the plaintiff has asserted a right of confidentiality in the information.
"Publication or dissemination of the report or information in it will further breach confidence. The dissemination that has already occurred has breached the plaintiff's rights of confidence in respect of the information, and any further publication will involve further such breaches."
The Attorney-General also applied for an order that RNZ "return and deliver up the report held by or on behalf of the defendants".
The report was the fourth in an unprecedented series of Budget-related education documents seen by RNZ in the past five weeks that have come via three different channels.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Scoop
5 hours ago
- Scoop
The David Seymour ‘Bots' Debate: Do Online Submission Tools Help Or Hurt Democracy?
Article – RNZ The ACT leader's comments raise questions about how forms are changing the way people engage with politics. , (Ngāpuhi, Te Māhurehure, Ngāti Manu) Longform Journalist, Te Ao Māori A discussion document on a Regulatory Standards Bill is not, on the face of it, the sort of thing that might have been expected to prompt 23,000 responses. But in an age of digital democracy, the Ministry for Regulation was probably expecting it. The bill, led by ACT Party leader David Seymour, is controversial. It sparked a response from activists, who used online tools to help people make their opposition known. Of the 23,000 submissions, 88 percent were opposed. Seymour this week told RNZ's 'bots' generating 'fake' submissions. He did not provide evidence for the claim and later explained he wasn't referring to literal bots but to 'online campaigns' that generate 'non-representative samples' that don't reflect public opinion. Seymour has previous experience with this sort of thing. The Treaty Principles Bill got a record 300,000 submissions when it was considered by the Justice Committee earlier this year. Is Seymour right to have raised concerns about how these tools are affecting public debate? Or are they a boon for democracy? Submission tools used across the political spectrum Submission tools are commonly used by advocacy groups to mobilise public input during the select committee process. The online tools often offer a template for users to fill out or suggested wording that can be edited or submitted as is. Each submission is usually still sent by the individual. Taxpayers' Union spokesperson Jordan Williams said submitting to Parliament used to be 'pretty difficult'. 'You'd have to write a letter and things like that. What the tools do allow is for people to very easily and quickly make their voice heard.' The tools being used now are part of sophisticated marketing campaigns, Williams said. 'You do get pressure groups that take particular interest, and it blows out the numbers, but that doesn't mean that officials should be ruling them out or refusing to engage or read submissions.' The Taxpayers' Union has created submission tools in the past, but Williams said he isn't in favour of tools that don't allow the submitter to alter the submission. He has encouraged supporters to change the contents of the submission to ensure it is original. 'The ones that we are pretty suspicious of is when it doesn't allow the end user to actually change the submission, and in effect, it just operates like a petition, which I don't think quite has the same democratic value.' Clerk of the House of Representatives David Wilson said campaigns that see thousands of similar submissions on proposed legislation are not new, they've just taken a different form. 'It's happened for many, many years. It used to be photocopied forms. Now, often it's things online that you can fill out. And there's nothing wrong with doing that. It's a legitimate submission.' However, Wilson pointed out that identical responses would likely be grouped by the select committee and treated as one submission. 'The purpose of the select committee calling for public submissions is so that the members of the committee can better inform themselves about the issues. They're looking at the bill, thinking about whether it needs to be amended or whether it should pass. So if they receive the same view from hundreds of people, they will know that.' But that isn't to say those submissions are discredited, Wilson said. 'For example, the committee staff would say, you've received 10,000 submissions that all look exactly like this. So members will know how many there were and what they said. But I don't know if there's any point in all of the members individually reading the same thing that many times.' But Williams said there were risks in treating similar submissions created using 'tools' as one submission. 'Treating those ones as if they are all identical is not just wrong, it's actually undemocratic,' he said. 'It's been really concerning that, under the current parliament, they are trying to carte blanche, reject people's submissions, because a lot of them are similar.' AI should be used to analyse submissions and identify the unique points. 'Because if people are going to take the time and make a submission to Parliament, at the very least, the officials should be reading them or having them summarised,' Williams said. 'Every single case on its merits' Labour MP Duncan Webb is a member of the Justice Committee and sat in on oral submissions for the Treaty Principles Bill. He said he attempted to read as many submissions as possible. 'When you get a stock submission, which is a body of text that is identical and it's just been clicked and dragged, then you don't have to read them all, because you just know that there are 500 people who think exactly the same thing,' he said. 'But when you get 500 postcards, which each have three handwritten sentences on them, they may all have the same theme, they may all be from a particular organisation, but the individual thoughts that have been individually expressed. So you can't kind of categorise it as just one size fits all. You've got to take every single case on its merits.' Webb said he takes the select committee process very seriously. 'The thing that struck me was, sure, you read a lot [of submissions] which are repetitive, but then all of a sudden you come across one which actually changes the way you think about the problem in front of you. 'To kind of dismiss that as just one of a pile from this organisation is actually denying someone who's got an important point to make, their voice in the democratic process.'
Scoop
5 hours ago
- Scoop
Proposed Punishment For Te Pāti Māori MPs For Treaty Principles Haka Stands
Article – RNZ Opposition parties tried to reject the recommendation, but did not have the numbers to vote it down. Parliament has confirmed the unprecedented punishments proposed for Te Pāti Māori MPs who performed a haka in protest against the Treaty Principles Bill. Te Pāti Māori co-leaders Debbie Ngarewa-Packer and Rawiri Waititi will be suspended for 21 days, and MP Hana-Rawhiti Maipi-Clarke suspended for seven days, taking effect immediately. Opposition parties tried to reject the recommendation, but did not have the numbers to vote it down. See how it all unfolded in Parliament The heated debate to consider the proposed punishment came to an end just before Parliament was due to rise. Waititi moved to close the debate and no party disagreed, ending the possibility of it carrying on in the next sitting week. Leader of the House Chris Bishop – the only National MP who spoke – kicked off the debate earlier in the afternoon saying it was 'regrettable' some MPs did not vote on the Budget two weeks ago. Bishop had called a vote ahead of Budget Day to suspend the privileges report debate to ensure the Te Pāti Māori MPs could take part in the Budget, but not all of them turned up. The debate was robust and rowdy with both the deputy speaker Barbara Kuriger and temporary speaker Tangi Utikare repeatedly having to ask MPs to quieten down. Tākuta Ferris spoke first for Te Pāti Māori saying the haka was a 'signal of humanity' and a 'raw human connection'. He said Māori had faced acts of violence for too long and would not be silenced by 'ignorance or bigotry'. 'Is this really us in 2025, Aotearoa New Zealand?' he asked the House. 'Everyone can see the racism.' He said the Privileges Committee's recommendations were not without precedent, noting the fact Labour MP Peeni Henare, who also participated in the haka, didn't face suspension. Henare attended the committee and apologised, which contributed to his lesser sanction. MP Parmjeet Parmar – a member of the Committee – was first to speak on behalf of ACT, and referenced the hand gesture – or 'finger gun' – that Te Pāti Māori co-leader Debbie Ngarewa-Packer made in the direction of ACT MPs during the haka. Parmar told the House debate could be used to disagree on ideas and issues, and there wasn't a place for intimidating physical gestures. Greens co-leader Marama Davidson said New Zealand's Parliament could lead the world in terms of involving the indigenous people. She said the Green Party strongly rejected the committee's recommendations and proposed their amendment of removing suspensions, and asked the Te Pāti Māori MPs be censured instead. Davidson said The House had evolved in the past – such as the inclusion of sign language and breast-feeding in The House. She said the Greens were challenging the rules, and did not need an apology from Te Pāti Māori. NZ First leader Winston Peters said Te Pāti Māori and the Green Party speeches so far showed 'no sincerity, saying countless haka had taken place in Parliament but only after first consulting the Speaker. 'They told the media they were going to do it, but they didn't tell the Speaker did they? 'The Māori party are a bunch of extremists,' Peters said, 'New Zealand has had enough of them'. Peters was made to apologise after taking aim at Waititi, calling him 'the one in the cowboy hat' with 'scribbles on his face'. He continued afterward, describing Waititi as possessing 'anti western values'. Labour's Willie Jackson congratulated Te Pāti Māori for the 'greatest exhibition of our culture in The House in my lifetime'. Jackson said the Treaty bill was a great threat, and was met by a great haka performance. He was glad the ACT Party was intimidated, saying that was the whole point of doing the haka. He also called for a bit of compromise from Te Pāti Māori – encouraging them to say sorry – but reiterated Labour's view the sanctions were out of proportion with past indiscretions in the House. Greens co-leader Chlöe Swarbrick said the debate 'would be a joke if it wasn't so serious'. 'Get an absolute grip', she said to the House, arguing the prime minister 'is personally responsible' if The House proceeds with the committee's proposed sanctions. She accused National's James Meager of 'pointing a finger gun' at her – the same gesture coalition MPs had criticised Ngarewa-Packer for during her haka – the Speaker accepted he had not intended to, Swarbrick said it was an example where the interpretation can be in the eye of the beholder. She said if the government could 'pick a punishment out of thin air' that was 'not a democracy', putting New Zealand in very dangerous territory. An emotional Maipi-Clarke said she had been silent on the issue for a long time, the party's voices in haka having sent shockwaves around the world. She questioned whether that was why the MPs were being punished. 'Since when did being proud of your culture make you racist?' 'We will never be silenced, and we will never be lost,' she said, calling the Treaty Principles bill was a 'dishonourable vote'. She had apologised to the Speaker and accepted the consequence laid down on the day, but refused to apologise. She listed other incidents in Parliament that resulted in no punishment. Maipi-Clarke called for the Treaty of Waitangi to be recognised in the Constitution Act, and for MPs to be required to honour it by law. 'The pathway forward has never been so clear,' she said. ACT's Nicole McKee said there were excuses being made for 'bad behaviour', that The House was for making laws and having discussions, and 'this is not about the haka, this is about process'. She told The House she had heard no good ideas from the Te Pāti Māori, who she said resorted to intimidation when they did not get their way, but the MPs needed to 'grow up' and learn to debate issues. She hoped 21 days would give them plenty of time to think about their behaviour. Labour MP and former Speaker Adrian Rurawhe started by saying there are 'no winners in this debate', and it was clear to him it was the government, not the Parliament, handing out the punishments. He said the proposed sanctions set a precedent for future penalties, and governments may use it as a way to punish opposition, imploring National to think twice. He also said an apology from Te Pāti Māori would 'go a long way', saying they had a 'huge opportunity' to have a legacy in The House, but it was their choice – and while many would agree with the party there were rules and 'you can't have it both ways'. Te Pāti Māori co-leader Rawiri Waititi said there had been many instances of misinterpretations of the haka in The House and said it was unclear why they were being punished, 'is it about the haka… is about the gun gestures?' 'Not one committee member has explained to us where 21 days came from,' he said. Waititi took aim at Peters over his comments targeting his hat and 'scribbles' on his face. He said the haka was an elevation of indigenous voice and the proposed punishment was a 'warning shot from the colonial state that cannot stomach' defiance. Waititi said that throughout history when Māori did not play ball, the 'coloniser government' reached for extreme sanctions, ending with a plea to voters: 'make this a one-term government, enrol, vote'. He brought out a noose to represent Māori wrongfully put to death in the past, saying 'interpretation is a feeling, it is not a fact … you've traded a noose for legislation'.
1News
5 hours ago
- 1News
Foreign exchange fined amid transactions deemed 'objectively suspicious'
An Auckland-based foreign exchange and money remittance company has been convicted and fined $1.125 million for failing to report suspicious activities and to submit prescribed transaction reports. An investigation by the Department of Internal Affairs (DIA) found that Qian DuoDuo Limited, which traded under the name Lidong Foreign Exchange, found it failed to report 197 international transactions to China between June 2018 and September 2019. The transactions, which totalled over $19.14 million, included 26 "objectively suspicious" activities with a value of $4.72 million and 171 involved prescribed transactions with a value of $14.42 million. The value of the nearly 200 transactions represented around one fifth of the gross value transactions undertaken by Qian DuoDuo Limited for the 2018/2019 financial year. Two individuals who completed the transactions, Xiaoyu Lu and Musubayoufa Fuati, were convicted of criminal offending. ADVERTISEMENT Fuati was convicted of structuring transactions to avoid anti-money laundering laws, while Lu was convicted of providing unregistered financial services, as well as multiple counts of money laundering. Both pleaded guilty to their charges. In sentencing, the Auckland District Court found the company failed to carry out adequate customer due diligence on the source of Fuati and Lu's funds and relied on questionable verification documents despite recognising a high risk that its operations could be used to launder money. Anti-money laundering and countering financing of terrorism director Serge Sablyak said Internal Affairs took offences under the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 "very seriously". "Suspicious transactions have the potential to be linked to money laundering or terrorist financing activities. Prescribed transaction reports are vital in alerting law enforcement to suspected offenders and make money laundering and terrorist financing difficult to hide." Sablyak said Qian DuoDuo Limited had a "history of non-compliance". "In 2017, the Department took civil action against the company following non-compliance with its obligations, and the High Court confirmed multiple breaches of the company's legal obligations. "When financial institutions, including money remitters, continue to fail to meet their obligations under the Act, the Department can and will take action." ADVERTISEMENT Qian DuoDuo Limited appealed the District Court's decision to the High Court.
