Public Broadcasting and Media

Early in 2017 a People’s Commission toured New Zealand seeking views on the future of public broadcasting and media. It visited six cities seeking the views of the public and media experts in a series of workshops. The project’s website is Below is my submission to the Auckland workshop, in which I answer the five questions posed by the commission…and suggest a sixth. Continue reading

Constitutional small print

The following is a contribution to the debate on a written constitution for Aotearoa New Zealand, proposed by Sir Geoffrey Palmer and Andrew Butler. In it I argue that we cannot take justifiable limitations on constitutional rights at face value because there is are weaknesses in high-minded words. It originally appeared on 

Every constitution must have its guardians and the proposed Constitution for Aotearoa New Zealand vests that responsibility in the court.  Legislation that breaches its Bill of Rights provisions, for example, may be struck down by the court and reinstated only if three-quarters of Parliament give their approval.

Placing guardianship outside the realm of the legislators is a wise move – even if one might argue whether the court should have strike-down or review-and-referral powers – but should that replace the vetting role currently performed by the Executive through the Attorney-General? Continue reading

Impending threats

An opinion piece that appeared in the Dominion-Post newspaper today based on my new book, “Complacent Nation”:

Picture the scenario: An act of terrorism like those that have blighted Europe and North America is repeated on New Zealand soil. Now consider how we would react.

There would be a well-practiced operational response that would end the immediate danger but it would be followed by measures that could have lingering consequences.

On one hand there would be considered measures that are the result of rigorous plans, strategies and organisational responses overseen by the Security & Intelligence Group led by Howard Broad, deputy chief executive in the Department of Prime Minister and Cabinet and former Police Commissioner. This group coordinates the work of a hierarchy of committees and agencies charged with ensuring domestic and external security. We might call this the cool, calm and collected end of the anti-terrorism spectrum.

At the other end of the spectrum, however, are the emotional responses that will inevitably sweep through the population and, to some degree or another, through the political ranks. They will range from fear and alarm to anger and, perhaps, xenophobia or bigotry. Why should we expect our reactions to be any different to those witnessed in France, England or the United States? Continue reading

The Right to Know

This commentary based on my book, Complacent Nation, appeared in three New Zealand metropolitan newspapers on Monday 15 August 2016.

The Right to Know and Supreme Law

The New Zealand public are a perplexing paradox.

They leap into paroxysms of patriotic fervour at the sight of 15 men charging with an oval ball, or one woman hitting a small round one with a stick.

They break out ‘The End is Nigh’ signs when attempts are made to regulate what lightbulbs they may use, and have strong views on a symbolic piece of cloth (even if they don’t vote to change it).

Yet, when a fundamental human right is threatened and eroded, they fall strangely silent. Continue reading

Aggregation of editorial power

New Zealand’s two major newspaper groups, Fairfax New Zealand and NZME have announced their intention to merge and have lodged an application with the Commerce Commission seeking its approval for the union.

The commission invited submissions on the application. I made a submission on the basis that, should it grant the application, the commission impose conditions to overcome potential issues that could have serious civic and democratic implications.

The Commission’s State of Preliminary Issues addressed a number of issues relating to readers but did so largely in the context of the relationship between NZME/Fairfax and competing media. My submission suggested that it must also examine a number of issues that were not relational but internal and regulatory. Specifically, these relate to the aggregation of editorial power and regulatory influence. This is my submission: Continue reading