NZ: Compensation for wrongful conviction

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New Zealand, like every Western democracy, is paying a very high price for its system of justice. Consider this very expensive case of compensation for David Bain, the man determined to have been wrongfully convicted for the murder of family members. The government established a committee to investigate and determine a fair compensatory package for the 'innocent man'. Behind the scenes, the Minister for Justice, Judith Collins, is said to have done her own assessment and ruled out the report by an independent judicial officer.
This case strikes me as the silliness of our system. Not that David does not deserve justice, but because we all do. Justice, both in terms of an effective and efficient system, but also one which does not result in a burden upon us all for very little value. Tax payer funds wasted.
The problem here is that an 'independent commission' was never the way the system should have determined fair value for a wrongful conviction; and the capacity of a minister to rule-out such an independent value, should not have been a counter-option. The problem is that the system is a framework for extortion, replete with 'mandates' or the government's prerogative. Judith's efforts are not wrong. Our system should be 'adversarial' in the sense of entertaining options or opinions. The problem is that its extortionate in the sense that Judith has effectively imposed her will, and the system gives her that power. I don't blame her; but I blame politicians collectively for positing as custodians of a system they do not know how to fix. They thus become the problem. You and I are powerless to 'fix' them to fix the system. This is not a system open to political or any other pertinent discourse. We cannot look for answers within this system. This is an extortion system which imposes arguments. There is no reconciliation; there is no acountability; given that a disinterested, disempowered, alienated electorate is trumped by politically polarised, reactive group of legislators scared of 'boo'.

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Author Andrew Sheldon| Applied Critical Thinking | www.SheldonThinks.com

They say 'crime doesn't pay'

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The adage that 'crime doesn't pay' is a popular one for movie sets; but what if 'crime is the only thing that pays' for a person living in a country with no opportunities. What if the country is NZ - a western country with no growth prospects - at least not until someone reforms autocratic government or discovers oil.

Consider the fate of Michael Thomas Feeney, of Waverley, New Zealand. I don't know Michael; I do not know the full context of his life, nor even a lot of it. But living in small-town Waverley strikes me as the best place to be if you want to position yourself for political reform or the discovery of oil (with existing oil & gas fields) up the road. 

Michael escaped a gaol sentence for break & enter. The judge said of him that, despite his 85-odd convictions over his life, that he had a good work ethic. That is important. But more important is to ask whether he had any prospects for anything else under this political system. A political system which:

1. Spurns investment by placing high costs upon business and undermines investment.

2. Spurns population growth because it does not want to redefine the nation's values; which are changing anyway because the government cannot stop the brain drain. 

3. Has allowed extortion to dominate economic activity because when there is no growth, pretty soon people  start eating the carcasses of their neighbours. Not exactly what Jesus meant by 'Love Thy Neighbour', but hell, Jesus got a lot of things wrong, so lets not speak of him any more. 

4. Facilitates and legitimatises taxation or the theft of wealth, for its political masters and aligned interests. Is not this government (along with its 'counterparts', who are fully complicit in sanctioning such slavery, except the ACT Party)....are they not a bad role model?

Did Michael take an easy path? I think so...if stealing wealth is 'easy'. But since when is hardship a value. This is of course a Christian 'virtue', i.e. That notion that there is nobility or heroism in sacrifice. I don't think so. Life is supposed to be easy; and the challenge for any life is to make it easy in the long run. I use my education to make more money than you can, faster than you can. I've made 3200% in 3 years on one stock; almost made 6800% in 3 months on another stock (if the company disclosed properly). The paradigm of struggling for wealth is a paradigm borne out of British subjugation. Life should be easy, and its only hard because of the extortionists in power who make it hard. Our zero growth will not sustain lives, so in a system that systematically mistreats people and perverts people, I expect people to struggle. I do not expect heroism from Michael, because I think the conditions of his life have not allowed him to be anything more than he is. I do not expect him to succeed because the conditions for life need to be conducive for survival, and in high-cost NZ, they are scarcely that. 

I am pleased that Judge David Cameron in the Wanganui District Court gave him the empathetic sentence that he did. Unfortunately, unless such judges are willing to challenge the system, then we are not going to see any change. We need judges to challenge the system, then not fall on their sword. i.e. Judge David Harvey recently stepped down from his role as a judge after making accusations against the United States government. Apparently there is implied bias in having a certain view about the USA. This is silly! Silly that he was sanctioned by some, silly if he chose to step down, or was asked to. The judiciary should be about evidence, and not appearances. Most people would accept that the USA does inappropriate things. Why should a judge reproach himself from making judgements; as that is what judges are deemed specialists at doing. I personally would like to see judges more critical of governments....and I think we are starting to see that. 

Unless judges or others are prepared to, or able to intellectually engage with these people, then there is no hope of anyone changing, Michael included. Perhaps Michael might apply his mind more if he lived in a social  system with actually validated intellectual discourse. Read the comments on Wanganui Chronicle, and you will find intellectual capacity sadly scarce. Why? Well, that is a reflection of the education system. From the National Party and ACT, we are likely to see a charter school system. The problem is that its a recipe for a change in ownership with no expectation of greater intellectual standards. The focus is on ownership or 'opportunity', not upon the mind. The notion that opportunity springs eternal from privatisation strikes me as 'causeless' or 'baseless' hoping. Even if private enterprise gets it 'right', that will only mean that its better than the public school system. It does not need to be so good as to be exceptional; just better than a bad system. i.e. Economic relativism; a close cousin of moral relativism, except prices are equated at the margin. These private schools don't even have to be good, they will create jobs and profits just by creating the illusion of better education. i.e. Employers will employ you because you went to a private school; because they are impressed by your grander sporting facilities. All the time, forgetting the mind. Why? Because the other 96% of schools certainly don't celebrate intellectual capacity. 

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Author Andrew Sheldon| Applied Critical Thinking | www.SheldonThinks.com

Hone Harawira MP - ignorant or moral crusader

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What are we to make of Hone Harawira's statements that Osama bin Laden was "a man who fought for the rights, the land and the freedom of his people".

The problem with these assertions is that they offer no clarity and are misleading. They show that the MP represents is ignorant, and assuming they know his values, that they share his ignorance. This is both a problem and an opportunity, because everyone is important to someone, and if we are respectful of the rights of people, then we should take an interest in what others think, and attempt to correct their assertions. This of course is more difficult if they lack a respect for facts. Here are the problems with what Hone Harawira's said:

1. Bin Laden did not advance the rights of Arabs; he exposed them to collectivist contempt, dangers of civil war.

2. Bin Laden did not convey an intellectual defence of rights, which are sadly lacking in the Middle East; instead deciding to attack a country which has one of the 'relatively' better track records. If his argument defence was that America was the better but offered a bad example, or was inconsistent, he did not make that 'intellectual argument'. He resorted to violence instead; misdirecting resentment in his own country.

3. Bin Laden might well have had some notion of rights, but it was not an objective or conceptual framework that entailed or required any intellectual discipline. His actions suggest his rights were won at the expense of others rights. Did the US model these values? Probably, as US foreign policy stinks as an educational tool. Listen to US politicians and you only get the sense that the US is out to advance its vested interests. We don't get any sense of intellectual or moral engagement; which is a problem in a crowded globe that requires respect and cooperation from others; particularly when 70% of global oil supplies comes from the region.

It is interesting that Harawira draws upon Maori culture, which I have little knowledge of, but which I would expect would be collectivist in nature. He said the al-Qaeda founder should be "honoured" rather than "damned" in death based on Maori values. It was Maori custom to acknowledge the dead. Other Maori politicians had a different perspective. These representatives clearly embody a higher degree of Western influence; leaving Harawira sitting out in the wilderness as a Maori nationalist.

Harawira said bin Laden had "pursued independence for his people, his family and his tribe". Unfortunately, his independent entailed destroying the lives of others. He needed to make an intellectual argument; but instead he resorted to violence.

He indicated it was Maori custom... "tributes to the dead are always appropriate"...that "it was custom for Maori to "honour and mourn the deceased".

This of course suggests unsurprisingly that Maori culture is based on moral relativism.

If there is any value in Harawira's statement it is in the acknowledgement that Bin Laden did embody some hope for Arabs in the Middle East, and he did change the nature of US engagement with the region.

The notion however that he advanced or "fought for the rights, the land and the freedom of his people" is a nonsense, because he showed no respect for rights...merely his countries interests at the expense of others. Sadly, the US did not help matters. They might well argue that its not in their narrowly defined interests to educate Arabs. They paid the price for their 'narrow' defined philosophy of pragmatism.

Maori Party co-leader Pita Sharples said 'utu' (revenge) was a Maori custom. "But we don't agree with the extent of the celebrations or with anyone celebrating the assassination of anyone and then the person's body being discarded into the sea."

Labour MP Shane Jones repudiates Harawira's view, arguing that: "In the old days, a great enemy - if he wasn't eaten - his bones were used to make musical instruments. So this romantic notion that in the old time, Maori spent hours of their time saluting the enemy was not the case".

This need not however be a repudiation, since Maori culture might differentiate the spirit from the body, and find some spiritual virtue in eating them.

His other argument however does repudiate his assertion; although, does all Maori beliefs have to be the same given the different tribes spread around the country. Jones argued "Enemies were turned to dust and people rejoiced, because of the suffering they had caused".

Source of quotes - "Bin Laden a freedom fighter - Harawira", NZ Herald, May 5, 2011

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Author Andrew Sheldon| Applied Critical Thinking | www.SheldonThinks.com

NZ kids given false hopes for peace and security

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Here is an interesting story. I just wanted to apologise to the members of the United Nations General Assembly who were given the illusion of empowerment recently. They were coaxed into thinking superficially that they had some importance, that arguments mattered, and they had some influence. Most of all I wanted to apologise to them for the despicable education offered. They probably learned that democracy offered real participation; that capitalism is evil for polluting the environment; that Libya will be a better place if it was a democracy; that it’s a choice of democracy or authoritarianism. They also seem to be under the illusion they are going into space. Let me reassure them that their feet will never be allowed to leave the ground because escalating statism will sooner take them into the Dark Ages. More planes will crash, and we have yet to reach bottom before we ever achieve such feats. Your idiotic parents just don’t think. You never had a chance.

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Author Andrew Sheldon| Applied Critical Thinking | www.SheldonThinks.com

NZ - a nation of rorters?

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There are few countries in the world where one feels like one is in a free society. I have lived in a number of countries, and among them I would have to say that in terms of 'freedom from some form of extortion', I probably most felt extorted in New Zealand and the Philippines. NZ is probably worse, but then I feel richer in the Philippines because things are generally cheaper. In Australia or Japan, I did not feel so much of a problem, at least not at a commercial level.

I have been living in a short term rental lease in Queenstown, NZ, and I must say that the property managers in this place are abysmal for the following reasons:

1. Their contract was wrong from day one - they could not even calculate the right some. I can't remember if it was in our favour or theirs.

2. The property condition report was very adverse to us - in as much as they had not picked up a lot of the property damage. This is a potential rort. I complained about this. The problem is that when the agent 'misses' so many items, you are destined to miss some as well.

3. The property manager did not provide me with a copy of the property report. This is strange. I have never leased in NZ before, but it strikes me as strange that the tenant does not get a copy of the report. I asked for acknowledgement that they have received my copy. It was a struggle to get even that.

4. I was required to clean the apartment when I left the property. This might have been appropriate if I had in fact been in there more than 3 months, and the carpet needed cleaning. This strikes me as another rort. What I will do is that when I leave, I will require that they produce evidence that the carpets had been cleaned prior to my entering the premises, because I remember otherwise.

Australia has a rather good regulatory system for managing the relationship between tenants and landlords. In fairness to landlords, they are probably not making much money. At least not the owners of apartments like these. You are buying a depreciating asset, you have high property management fees. The property manager can be viewed standing around talking to people. Property managers are making easy money probably, when the asset owners get a raw deal. It is of course the owners of land who get the sweet deal.

I don't like living in a police state. Neither do I like living in a country where you are inclined to feel everyone is our to squeeze you for a buck. Nor do I like living in a society where you accept the requirement to pay tax, you live in fear of the system, but you deceive everyone around you by rorting the system. i.e. You set up a business, you rort the system with all these false or dubious business expenses, in order to keep your taxes down. People with a respect for reality, or honest people are penalised. Pretty soon there are no honest people left.

Welcome to the real world. Its not so pleasant. Everyone is a con, but only because they have to be in order to survive. No one questions the system because no one can change the system. You suck it up, then one day there is riots. We are witnessing them today in the Middle East. Its like a domino effect. Repressed individuals seemingly become incensed overnight and protest. We saw the same in the 1990s with the Rodney King riots in Los Angeles.

One day consumers, taxpayers, maybe everyone is going to say they have had enough. I just hope that they don't turn to government for solutions, because they are middlemen; they are the problem.

If you are thinking my contempt for the practice of a Queenstown property manager is enough. I am accustomed to being rorted. I have dealt with the building trades. Same in Australia mind you. The building trade in Japan I believe is pretty clean...at least in the cities. I think when you are dealing with businesses reliant on their reputation, you get better service. There will come a time when people will go online looking for services, and for people with a good reputation. We are not there yet, but it will come. Accreditation. People will start to care about their reputation, just as they did in the old days. I love the internet. It will give me the freedom I ultimately deserve.

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Author Andrew Sheldon| Applied Critical Thinking | www.SheldonThinks.com