UN INTERNATIONAL CYBERCRIME TREATY HAS ‘INTRUSIVE SURVEILLANCE POWERS’

UN CYBERCRIME TREATY has been highly criticized it is widely reported to overlook, violate Human Rights. Expands global evidence collection, encompasses a long list of non-cybercrimes, has huge over-reaching powers beyond those even detailed in the Un Treaty. The UN Treaty draft was prompted by the UN General Assembly vote in December 2019, the negotiating a cybersecurity accord after Russia took issue with the previous ‘UN Budapest Convention. Russia demanded that the issue they had needs to be addressed. The first draft of the UN Cybercrime Treaty caused some great concerns but now the second draft published on 28th November is being called a tool of repression. The original purpose of the UN Treaty was combatting cybercrime, but this has now morphed into an globally expansive treaty with far reaching over-reach in both National and International investigations.

It empowers States to cast a wider net of having the ability to access data , thus violating a Nation States privacy laws. The Treaty falls short of reining in  intrusive surveillance powers this endangers human rights undermining the original cybercrime fighting intent

Human Rights Watch acting associate director Deborah Brown said the latest draft is “primed to facilitate abuses on a global scale” because it gives governments expansive cross-border powers to investigate “virtually any imaginable crime – like peaceful dissent or expression of sexual orientation – while undermining the treaty’s purpose of addressing genuine cybercrime.” She said that “Govts should not rush in to conclude this Treaty without ensuring that it elevates, rather than sacrifices our fundamental rights. UN Member State Government have had negotiation sessions over the past few days 19-20th December in Vienna before the draft is considered in the Headquarters of the UN Assembly at the end of January where yet another session will take place.

The UN Cybercrime Treaty is to be finalized between 29th January to February 9th 2024 at the New York Headquarters of the UN Assembly.. The Cybersecurity Tech Accord has been participating in the cybercrime treaty negotiating process since it began in 2021. It has been widely reported that the adoption of the UN Treaty by Nation States in the Treaty’s present form will erode private data, weaken cybercrime, undermine online rights and freedoms across the world. The Cybersecurity Tech Accord has been participating in the cybercrime treaty negotiating process since it began in 2021.The new provision extend to extra-territorial surveillance without safeguards

Some of the concerns are:- Removal of sections of the original draft limit the Treaty’s powers to narrowly define cybercrime.  Nation State surveillance across borders without safeguards and expansion of online fraud. The Treaty as it is now presented allows every government in the world to transfer the personal information of citizens between themselves in secret in perpetuity, and to force the service providers who are responsible for that data to hand it over without any ability to object or refuse on any grounds. There is little UN Nation State objects to the UN Cybercrime Treaty, there is very limited or zilch response to robust human rights safeguards.

NZ Government website (DPMC) reported that NZ is currently engaging in the UN International Cybercrime Treaty (29/4/2022). The Government once again states it promotes a International Rules Based Order, that its important that NZ is in the conversation that shaped this new instrument of international cooperation. The Govt website reports that there were consultations in October 2021  and feedback was sought on NZ’s written submissions as to Treaty negotiations, general provisions, procedural measures and law enforcement referring to the UN Cybercrime Treaty. NZ Government is committed to constructively promoting the Internal Rules based Order.

65 Countries ratified the UN Budapest Convention on Cybercrime. The Budapest Treaty was developed by the Council of Europe in 2001, entered into force in 2004.  18th February 2021 speeches in the Beehive by David Clark and Kris Faafoi was the announcing of joining the Council Of Europe Convention on Cybercrime, referencing the decisions process was due to the recommendation by the Royal Commission of the Inquiry into the Christchurch Terror Attack (15/3/2019)’ With Kriis Faafoi saying “The government needs to ensure that NZ is confident, secure in the digital world, so we can tackle threats to online wellbeing”

Kris Faafoi said “the government made a number of changes to its policy proposals, looking at ways that Māori have an ongoing oversight role in the implementation and participation to the UN Convention”/ Thus the Convention was submitted to the House Of Representatives for Parliamentary Treaty examination. It was announced by Faafoi that the Convention addresses cross-border cybercrime by aligning the Nations laws with this, facilitating information sharing on current threats and best practice (best practice for the govt and UN Nation States), increases and fosters International dialogue

Parliaments role in International Treaties was published 17th April 2019 by NZ Parliament. Documents What is a Treaty:- An agreement between 2 countries or with an international entity like the UN or WTO, that binding under International Law. Often known as International Agreements.

Parliaments role in International Treaties. In practice the Prime Minister and the PM’s Cabinet with help from their officials negotiates, decides on whether NZ will join or withdraw from a Treaty. The governments decision is effective whether or not Parliament endorses the Treaty or not. Since 1998 it’s been an constitutional convention that the govt will not (except in an emergency) bind NZ to a Treaty until Parliament has been allowed a minimum period to scrutinize it (This is set out in the Cabinet Manuel). All Treaties in the House are referred to the Foreign Affairs, Defence and Trade Committee, they refer to the Treaty itself, or refers to a more relevant subject matter in the Treaty to a Select Committee to consider.

Although an International Treaty is binding at an International level, it cannot change NZ Domestic Law, only Parliament can do that. Non-binding International Treaties (UN) sit in a place call ‘Soft Law’ where this is easily accessible, can be adopted quickly and non transparently into Domestic Policy making it binding- legally by parliamentary legislation. Binding Internal Laws are also entered into Domestic Laws to make these binding. Non-Binding International laws can be referenced to by the judicial in certain cases as they arise. A Select committee has 15 sitting days in which to report back to the House on Treaty issues, objections etc.,

There were 17 submissions on the consultation as to Cybercrime, this was processed and closed in September 2020. These were received by a range of private companies, organization and individuals. Individual names have been withheld to protect personal information. 13 names of organization however were published. • Te Hunga Rōia Māori o Aotearoa/The Māori Law Society (THRMOA) • Interim Māori Spectrum Commission (IMSC) • Mega Limited (MEGA) • Internet NZ • Telecommunications Forum (TCF) • Spark • Microsoft • PaloAlto Networks • Copyright Licensing Limited • NZ Authors • ANZ Screen Association • WeCreate • Office of the Privacy Commissioner (OPC). There were other formal submissions, engagements undertaken with several Iwi/Māori groups and individuals.

It is reported that the UN Cybercrime Treaty risks being a ‘Global Surveillance Pact’ that will trample data privacy, these are human rights concerns. Will pave the way for regimes such as China, North Korea, Iran for regimes to legalize surveillance across borders, to criminalize online speech with the support of the International Community, giving the green light for governments to persecute protestors, activists, independent journalist and marginalized groups. Any person that draw attention to the authoritarian regime aim to criminalize free speech. “That’s where we’re at,” said Katitza Rodriguez, the Electronic Frontier Foundation’s policy director for global privacy. “The draft treaty provides the legal basis for governments to make highly intrusive surveillance mechanisms like interception of content and real time tracking of metadata, available ‘to the fullest extent possible’ to foreign governments for almost any sort of criminal investigation of a serious crime with minimal safeguards.”

Specifically: the draft would authorize police to help foreign governments investigate activities that may not be a punishable offense in both countries, she explained.

“The dual criminality principle safeguards human rights, but it is treated as optional,” Rodriguez said. “To uphold global human rights, the proposed treaty must mandate dual criminality.” Deborah Brown, senior researcher and advocate on technology and human rights at Human Rights Watch, said the vague wording in the treaty’s Article 17 is especially concerning because it could allow governments to punish certain speech by defining it as a crime because it was posted online. For many governments, this means cracking down on online dissent or expanding digital surveillance.”

The UN Cybercrime Treaty is to be finalized between 29th January to February 9th 2024 at the New York Headquarters of the UN Assembly.. The Cybersecurity Tech Accord has been participating in the cybercrime treaty negotiating process since it began in 2021. It has been widely reported that the adoption of the UN Treaty by Nation States in the Treaty’s present form will erode private data, weaken cybercrime, undermine online rights and freedoms across the world. The Cybersecurity Tech Accord has been participating in the cybercrime treaty negotiating process since it began in 2021.The new provision extend to extra-territorial surveillance without safeguards

Some of the concerns are:- Removal of sections of the original draft limit the Treaty’s powers to narrowly define cybercrime.  Nation State surveillance across borders without safeguards and expansion of online fraud. The Treaty as it is now presented allows every government in the world to transfer the personal information of citizens between themselves in secret in perpetuity, and to force the service providers who are responsible for that data to hand it over without any ability to object or refuse on any grounds. There is little UN Nation State objects to the UN Cybercrime Treaty, there is very limited or zilch response to robust human rights safeguards.

NZ Government website (DPMC) reported that NZ is currently engaging in the UN International Cybercrime Treaty (29/4/2022). The Government once again states it promotes a International Rules Based Order, that its important that NZ is in the conversation that shaped this new instrument of international cooperation. The Govt website reports that there were consultations in October 2021  and feedback was sought on NZ’s written submissions as to Treaty negotiations, general provisions, procedural measures and law enforcement referring to the UN Cybercrime Treaty. NZ Government is committed to constructively promoting the Internal Rules based Order.

65 Countries ratified the UN Budapest Convention on Cybercrime. The Budapest Treaty was developed by the Council of Europe in 2001, entered into force in 2004.  18th February 2021 speeches in the Beehive by David Clark and Kris Faafoi was the announcing of joining the Council Of Europe Convention on Cybercrime, referencing the decisions process was due to the recommendation by the Royal Commission of the Inquiry into the Christchurch Terror Attack (15/3/2019)’ With Kriis Faafoi saying “The government needs to ensure that NZ is confident, secure in the digital world, so we can tackle threats to online wellbeing”

Kris Faafoi said “the government made a number of changes to its policy proposals, looking at ways that Māori have an ongoing oversight role in the implementation and participation to the UN Convention”/ Thus the Convention was submitted to the House Of Representatives for Parliamentary Treaty examination. It was announced by Faafoi that the Convention addresses cross-border cybercrime by aligning the Nations laws with this, facilitating information sharing on current threats and best practice (best practice for the govt and UN Nation States), increases and fosters International dialogue

The new New Zealand Coalition, no politician in Parliament have shared this information with the people of New Zealand WHY?

LINKS;

https://www.justice.govt.nz/assets/fhd7EW-Summary-of-Submissions-Budapest-Convention.pdf

15 page Summary of Submission-Budapest Convention NZ on Cybercrime Convention

https://therecord.media/un-cybercrime-treaty-draft-criticized

https://www.dpmc.govt.nz/our-programmes/national-security/cyber-security-strategy/united-nations-cybercrime-treaty

https://www.beehive.govt.nz/release/new-zealand-join-council-europe-convention-cybercrime

https://www.parliament.nz/en/visit-and-learn/how-parliament-works/fact-sheets/parliament-s-role-in-international-treaties/

 

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LEGISLATIONS AND LAWS Blog Posts View all Categories

SOCIAL JUSTICE – REALLY??? ‘

SOCIAL JUSTICE- REALLY??  SOCIAL JUSTICE focuses on one segment of the population and disregards the interests of others are not the immediate focus of discussion, but who nevertheless less everyone pays the cost of decisions made , this is called by State and leftist cultural Marxists as ‘ Equal’ treatment of people by the State (Government’ sometimes called the Crown’ (the word Crown which distances the Government itself from being accountable for its actions). The State of Cultural Marxism. There are no benefits, just trade off’s.  The Common Good for All Utopia. There is no Utopia, and there will never be, and there will never be ‘equality’ either just ideologies to divide and conquer. The dark side of politics. The term that keeps being pushed on the population of New Zealand, its actually making mass civil unrest and sufferings and anxiety for the people of the nation.

The State is pushing Social Justice by including correcting injustices, imposing an arbitratory cost on another’s innocent person. UNJUSTIFIABLY serving an INJUSTICE on innocent people. There is no Justification for this, it is purely an ‘entitlement’ to various types of compensation. Welfare benefits are an example of ‘entitlements’ where there is no incentive to work, only gives the State more control over the people. The problem with a Socialist Government eventually they run out of peoples money, and the wealthy are not putting their hands in their pockets it’s the tax payers of NZ that always pay. Those that are productive are punished to serve the non-productive. Surely the best thing would be is to support small businesses, that create innovation for their employee’s. Build self worth into peoples lives, for them to become self empowered to help themselves. Labour and National Political Parties becoming to look one on the same. Both promoting fear around climate alarmism, both want to hit the rural farming community and both promote mass migration, both promote toxic agriculture. Targeting small businesses, farmers of New Zealand promoting large foreign businesses, land owners in New Zealand.

This is Socialism on steroids, De Growth Communism that call this promoting Social Justice that actually require fatal radical legislations. Social Justice warriors often value their own ego gratification over people benefits. They invest in Social Justice narratives. They create for themselves a ‘vested interest’ in incapacitating other people. Developing a tendency for people to feel like victims, helpless and vulnerable and not responsible for their own actions. The self-styled rescuers of the victims that created. This promotes a defeatism mindset, the labeling victim vs offender. Oppressor vs oppressed. Divide and Separate more power to the state to control the citizens of NZ. The ego’s of the anointed, the immunity of corruption, the immunity of deceit, the creators of civil unrest. NOT the wellness and betterment of all people to live with each other in peace and contentment. Social Justice is NOT a corrective solution the costs of this so called Social Justice hugely outstrips  benefits of the people, creates serious costly damage of real injustices at the hands of  Central Government and Local Govt. Social Justice and Cultural Marxism- Socialism-Woke- people are forced to take sides or just run in fear from the battlefield.

Public debates, speeches ending up in intimidation and aggression we saw the out of control crowd mob at the Posie Parker Event, where people were hurt, severely harassed as police looked on. Where is Social Justice in that may I ask? This is unjustified and criminal.  When I complained to police that were looking on that I had been assaulted 4 times, my  expensive phone stolen , water thrown over me, steel fence thrown at me.  Asking police to arrest the offenders, pointing to whom they were. Police response “Well they are very passionate in what they believe in” My response being “And so are Murders and Rapists”.  This is called Social Justice in New Zealand.

This is Marxism, socialism on steroids its communism, it’s a run-away freight train the passengers, the Govt and the paid of Main Stream media, that is used to influence peoples minds and behaviors. It’s Nazism, it just what Goebbels did in Hitlers Germany controlled the media. Used intimidation, harassment. This is a political and spiritual warfare. Anti western, targeting westernization, traditions, family structures and conservative Christianity. The Communist Manifesto “Communism abolishes external truths, it abolishes religion, it abolishes morality’. It also abolishes biology. In school ABS equates to LGBTQ+1. No XX and XY. Marx penned, what he saw as a teenagers letter saying “This heaven I have forfeited, I know it full well. My soul was once true to God, its now chosen for hell”. Marx referred this to the ‘Abolishment of Morality’. Marx explained that “the path to Utopia included the end of religious gatherings, the re-writing of history, brainwashing of the ‘uninformed’ and shutting down free speech” this being the “forcible overthrow of social conditions”.  The followers of Marx philosophy killed over 100 million people in the 20th century.

Nikolai Bukharin founding editor of the Russian Communist newspaper wrote “We must take our religion at the top of a bayonet”. Stalin 1929-1953 entirely cleansed Russia of all Christian churches. The Mao’s China motto was ‘Keep people stupid” this was launched in 1966 during a Social Education Campaign demanding that every citizen wake up in the morning and to worship the statue of Mao, the so called Sun God. The biggest mass murder in history were perpetrated by Hitler, Stalin and were outdone by Chairman Mao Zedong. From 1958-1962 his Great Leap Forward policy led to the deaths of over 45 million people. Mao initiated a new religion and he demanded that he was the God of this religion.

I was drawn to an article written by the NZ China Friendship Society 17th January 2013. A woven feather cloak was to be returned to New Zealand. It had been gifted to Chairman Mao Zedong by the 5th Maori King on April 23rd 1957.  There was no justice, equality in China at that time. The Mao era was a very cruel one. All in all he murdered over 60 million revolutionaries. The Maori cloak ‘Korowai’ traditionally a mantle of prestige, honour, leadership. Ardern wore a Korowai when meeting the Queen to show her leadership of New Zealand

Chairman Mao Zedong that murdered a million people given a Korowai. All in the name of leadership, a mantle of prestige and honour. Do you call this  Social Justice? “ALL THE HORRIFIC INJUSTICES THAT ARE TOTALLY UNJUSTIFIED” AND HONOURED   –  SOCIAL JUSTICE and EQUALITY -Does NOT Exist.

 

Carol Sakey

 

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THE SOCIALIST THIRD WAY. ‘YOU’VE BEEN LIED TO’

Labour  Socialist Neo International Liberalism encourages, promotes superiority, inability to compromise, destroys individual innovations,  creativity and growth- leads to risks of civil unrest. Encourages prejudice people of different cultures within a nation (Apartheid)

Tony Blair and Bill Clinton were firstly the promoters of the ‘Third Way’ through Socialist International Liberalism to enthusiastically support international organizations. The Third Way introduced a new form of politics.  Centre Left meets Centre Right politics that swerves, is biased to the left wing of politics.  EG Labour and National on the same left leaning page. This was first introduced in 1935 before that Labour was wholly ‘Realistic’ However New Labour Internationalism’ The Third Way’ is enthusiastically supported by international organizations thus forming new foreign, global policies in nation states. Labour more so but also National Party.

Labour challenged its own form of Realistic theories of World Politics. In 2003 Steve Maharey in the Beehive gives an enthusiastic promotional  speech on the ‘New Third Way’. The Third Way introduced by Blair and Clinton. Helen Clark referred to the ‘Third Way.

The Third way is referenced in the ‘Information Age Of Politics’. A ‘One Size Fits All Approach’. One Size Fits all is a market ploy, no one size can ever fit all. It’s a deception just promotes a theatrical appearance.  One Size Fits all limits choices, innovation, leaves individuals issues unaddressed, fails to understand the difference between ‘risks and hazards’. Human beings being globally pushed as being a risk therefore a global hazard which has led to Degrowth Communism worldwide. Socialism on steroids.

Risk based regulations consider the exposure to hazards. The sun for instance is seen as a hazard-Global Warming yet to remain healthy you must enable to body to have a certain about of sunlight Vit D, its essential for human health.  It’s the amount of exposure therefore that matters, therefore one size does not fit all. Risk equals Hazard times Exposure, hazard based regulation is not scientific, but is a one size fits all when policy making decisions are made. Those limits consumer choices, restricts the accessing of reduced risk products. EG a huge example of this is Pope Francis message to the world.

Entire populations globally to be vaxed for COVID19, it is moral to do so.  The Third Way. One Law, one Rule to control all. One Size fits all even those all nations, population worldwide are expected to be guineapigs.

Law Abiding citizens become the criminals, and The Third Way boosts black-markets,  eg Gun Buyback. Obviously the Third Way one rule fits all is a myth the criminals run the show. Increased crime in NZ. One Size-

The Third Plan is a very dangerous one.The Third Way actually boosts black markets, neglects real science, ignores the truth and promotes predictions and assumptions through data bias. One Size fits all hurts all. The One Size fits all- The Third Way mentality is ultimately dangerous and non democratic, ignores human rights and the freedom of expression, freedom of opinion.

The One Size Fits all is embedded in the obsession of promoting racism, LGBTQ1 +1 etc.. The government obsessions with these singular groups within each group that are the ‘one size fits all’ groups.

We saw that at the Posie Parker event in Auckland. The aggression of the out of control LQBTQ towards anyone whom opposed their singular ‘One Size fits All’. NZ’s Political Third Way of International Socialist Neo Liberalism of a class society of Marxism. Socialism on Steroids. Communism. The emergence of stereotypes that have become universally promoted, applicable in govt policy making of promoting racism, sexism which is extremely harmful and dangerous in the Neo Liberalisation of International Socialism.

Everyone has beliefs, opinions, they may be similar, but never totally aligned. No-one has exactly the very same thoughts, feel and act the very same we are all uniquely individual due to a multiple of factors eg Health, characteristics, DNA, Life’s experiences that influence beliefs, actions. But one thing is for sure. No matter what a Man is a Male and a Woman, Girl is a Female.The X & Y chromosomes determines a person biological sex. XX Female and XY Male. The Third Way ignores the biological sex of  Male and Female. The Third Way also incorporates Marxist Classism. Singular groups that are radically inclines to a one size fits all. But if you lump people into one size fits all of the Third Political Way they will resent those that promote it eventually, they will resist it. When you become non compliant to the Political Third Way of the International Neo Liberalism Socialism you are quickly targeted and character assassinated.

The One Size Fits All, the Third Way does not fit well with Healthcare. Because of our individual uniqueness. The global seduction of populations into the One Size Fits All, New Labour’s Third Way of Global Socialist Liberalization is quietly invisibly played out behind the closed doors of Parliament Centre Left collaborating with Centre Right, both parties together swerving to the radical political far left.

The Labour Party 2003 Third Way centralist political position to reconcile the left and right way of politics into a radical left wing politics a progressive socialism embedded in Tony Blairs and Bill Clintons Public/Private Partnerships a Global International Liberalization radical Socialist movement. A Radical Progressive Left Centre that rejects traditionalism and imposes Political Authoritarianism. The Third Way an underlying set, way of sociological assumptions that provide theoretical gloss for political directives. Late 19th Century German Socialist Democratic Party’s and other International parties aligned themselves with Marxism an Evolutionary Socialism a gradual revolutionary change, a global transformation hence destroying, limiting free market economies for stakeholder capitalism

The Third Way  revolutionary socialists a gradual disruptive change, an accumulation od political power. Through the accessibility of political elections a singular rust is gained by electoral politics. The Third Way drawn to the revolutionary radical class structure of Marxism. The Third Way. Centre Left meet Centre Right both together become left leaning political one size fits all. One Law to rule them all, one size fits all to control them all. The Third Way. The One way that brings together the collaboration of National and Labour the left leaning centralist government of NZ.

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REFERENCES TO LAWS IN NEW ZEALAND.

SOFT LAW: The term soft law is used to denote agreements, principles and declarations that are not legally binding. Soft law instruments are predominantly found in the international sphere. UN General Assembly resolutions are an example of soft law.. For example when NZ signed the Non-Binding UN Agenda 2030 it was accepted by all political cronies in the toilet bowl of Wellington. Soft Law is a stop gap to ‘hard law’- legislations. Ardern entered the UN Agenda 2030 into Domestic Policies, it them became ‘legalized hard law’ (Note not necessarily lawful). Soft Law needs no political consensus, it is just accepted as it is and not opposed in parliament. Hence mobilises a consistent general response without consensus. (Soft law is non-binding)

CONTRACT LAW:Is common throughout the country, some specific court interpretations of a particular element of the contract may vary between the states, countries. In New Zealand there are 5 key elements of a valid contract, a clear offer, unequivocal acceptance, adequate consideration, an intention all parties enter into legal relations under certain terms. Based on the principle that agreements must be honoured

CUSTOMARY LAW:The rulings of Customary Law institutions can be inconsistent, unpredictable and discriminatory. As decisions are often not recorded, and appeals from  decisions may be difficult, there is insufficient monitoring and supervision of their operations. Customary Law: Under the doctrine of aboriginal rights, customary laws or practices of a continuous nature may be granted the force of law by the courts and an associated rights enforced if they have not been extinguished by statute. The four principles of customary law, the general principles of law are laches, good faith, res judicata, and the impartiality of judges. International tribunals rely on these principles when they cannot find authority in other sources of international law. Customary Law is consuetudinary or unofficial law) exists where: a certain legal practice is observed and. the relevant actors consider it to be an opinion of law or necessity (opinio juris).

CIVIL LAW: The term civil law derives from the Latin ius civile, the law applicable to all Roman cives or citizens. Its origins and model are to be found in the monumen- tal compilation of Roman law commissioned by the Emperor Justinian in the sixth century CE. Civil Law covers disputes between individuals, companies and sometimes local or central government. Civil law disputes are generally the cases in court that are not about breaking a criminal law. New Zealand’s civil justice system works in such a way that cases can be resolved through a claims process. What are 4 examples of civil law? Four types of Civil Law deal with Contracts, Property, Family Relations, Civil wrongs causing physical injury or injury to property (tort). Civil law, also known as private law, regulates disputes between private individuals or entities (e.g. companies). It is thus different to cases dealing with matters between individuals and the state, i.e. public law and criminal law. The drawback of Civil Law is that even if previous cases show you should win your case, there is no guarantee a judge will interpret the code in the same way on your case,

COMMON LAW: Began in England in the 11th century with the establishment by William the Conqueror, King of England, of the Kings Courts. The courts, in deciding local disputes, applied local customs. Over time, these customs became rules and were the basis for later courts to make decisions on similar disputes. Henry 11 is recorded as being the alleged ‘Father of Common Law”.  At the centre of common law is a legal principle known as stare decisis, which is a Latin phrase that roughly means “to stand by things decided.” In practice, stare decisis is just a fancy way of saying that courts and judges need to follow earlier decisions and rulings — otherwise known as caselaw. : Much of New Zealand’s law, such as its common law tradition and constitutional framework, has been inherited from the English legal system, which was applied (so far as applicable to the circumstances of New Zealand) in 1840. Independent, fair and efficient courts are an important cornerstone in our democracy. New Zealand has common law, which means judges make legal decisions based on previous judges’ decisions as well as on statutes (written law) passed by Parliament. Common law, also known as case law, is a body of unwritten laws based on legal precedents established by the courts. Common law draws from institutionalized opinions and interpretations from judicial authorities and public juries. Common laws sometimes prove the inspiration for new legislation to be enacted. Common Law is better than Civil Law as it  allows for flexibility allows  judges to be able to respond to future cases, even those that they had not predicted. Common law is independent of political influence, ensures consistency in the legal systems and is clearer in instructions compared to civil law.  Civil law systems are codified statutes predominate.

My Rights Under Common Law:-Blackstone’s Introduction to the Study of the Law and the Constitution lists three primary common law rights: personal security, personal liberty and private property, and auxiliary rights necessary to secure them, such as access to justice.  Common Law protects Human Rights:- These rights and freedoms are protected by the common law principle that legislation should not infringe fundamental rights and freedoms unless the legislation expresses a clear intention to do so and the infringement is reasonable. ‘Firstly Do No Harm’, This harm/noharm distinction at common law cannot be dismissed

NOTE: An interesting case -Judge Wylie (Published 12/3/2020) A High Court Judge opened the door for a new ‘Tort’ laws making corporates responsible for their greenhouse gas emissions. This is related to 2 out of 3 claims made by Climate Change Iwi Leaders Group Chair Mike Smith against Fonterra, Genesis Energy, Dairy Holdings, NZ Steel, Z Energy, NZ Refining and BT Mining. Has had a similar case against the government.

The hearing was to consider the corporates move to strike out the claim could not be reasonable argued. Wylie released a decision saying “while Smith could not proceed on already established rules of negligence and public nuisance, a new area of law could be created. He said “I am reluctant to conclude that the recognition of a new tortious duty which makes corporates responsible to the public for their emissions is untenable. It may, for example, be that the special damage rule in public nuisance could be modified, it may be that climate change science will lead to an increased ability to model the possible effects of emissions”. Smith wanted the court to declare the corporates have caused a public nuisance through their emissions and order they move to ‘zero net’ emissions from their activities by 2030.

The Judge referred to a paper where the Supreme Court chief alongside other judges, states the problem of climate change does not adhere well to established legal doctrine.  “The Common Law method brings stability, but it can also allow for the injection of new ideas and for the creation of a new responses as required” Judge Wiley cited. The statement of claim raises three caused of action, all in tort-public nuisance, negligence and breach of an inchoate duty. Declarations are sought that each of the defendants has unlawfully caused or contributed to the public nuisance alleged or breached duties said to be owed to Smith, Injunctions are also sought requiring each defendant to produce, or cause, zero net emissions from its activities by 2030.

Judge Wylie said “Smith’s negligence claim could not go ahead because there was no proximity between Smith and the Corporates, and that if he ruled in favour, floodgates may open”. He said “”the public nuisance claim was  clearly untenable”

Judge Wylie said “ Even if Smith was successful in his wider claim it would be difficult to craft an injunction which did not clash with Parliament, Government policy and other law. It would in effect have the court acting as regulator requiring specialist no judicial expertise. Meanwhile a High Court judge had declines an application to strike down a judicial review of Thames Coromandel District Councils refusal to sign a ‘climate change’ declaration. Justice Gault also declined the councils bid for security deposit, saying it was in the publics interest for the case to go ahead and the group seeking the review could not afford it.  Justice Gault did not look at the merits of the case, but said “the bar for striking out a judicial review should be hight”. Arguments in the application looked at whether the declaration had any meaningful impact or whether it was simple binary decision for the local Mayor to sign or not. The decision on the Smith case is covered in more detail in the Energy and Environment  documentation

LINKS

https://www.scoop.co.nz/stories/HL2003/S00142/judge-leaves-door-open-on-climate-change-case-just.htm

https://energyandenvironment.net.nz/home.html

 

 

 

 

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