While most of us will be easing down today thought a few nerds will still be interested in the fact that I have written to the Speaker following Brownlee’s Hobbit comments and the release on the facts.
Will continue to look at Key’s comments but to date his most blatant misleading appears to be of the media.
Letter below
Mr Speaker,
1. I wish to draw to your attention under Standing Order 393 a matter of privilege relating to statements in the House by Hon Gerry Brownlee that give rise to a matter of privilege and request that you refer this matter to the Privileges Committee for further consideration.
Misleading the House
2. On 26 October 2010, in answer to questions in the House about doubt that The Hobbit would be filmed in New Zealand, Mr Brownlee made the following statements:
“the moment the ban on work on this film was put in place by the International Federation of Actors, at the behest of the Media, Entertainment and Arts Alliance of Australia, the film was in some trouble.”
“The concern in this case is about the industrial relations situation that arose out of this extraordinary resolution, passed by the International Federation of Actors, instigated by the Australian union, and presented as an ultimatum to the producers of this film.”
“Until the issue arose—that is, the threat was put to the producers by way of a work ban issued by the Australian union backed by the New Zealand Council of Trade Unions—there was no need for the Minister to be involved.”
3. Mr Brownlee’s clear intent in making these statements was to suggest that the main cause of uncertainty around whether The Hobbit would be filmed in New Zealand was the action taken by the International Federation of Actors to pass a resolution for their members to refuse to sign contracts on The Hobbit until the film producers enter into a collective bargaining agreement with the Australian-based Media Entertainment and Arts Alliance.
4. Given the information that has now been released under the Official Information Act in relation to this matter, it is now clear that the Minister’s statements were untrue and deliberately misleading.
5. Radio New Zealand and the New Zealand Herald have both received documents under the Official Information Act, which include an email from Sir Peter Jackson to Mr Brownlee on 18 October. In this email, Sir Peter made it clear to the Minister that:
“There is no connection between the blacklist (and it’s eventual retraction), and the choice of production base for The Hobbit. What Warners requires for The Hobbit is the certainty of a stable employment environment and the ability to conduct its business in such a way that it feels that its $500 million investment is as secure as possible.”
6. Standing Order 401 sets out a number of examples of contempts, including (b) deliberately attempting to mislead the House or a committee (by way of statement, evidence or petition).
7. As this email was sent to Mr Brownlee on 18 October 2010, the Minister must have been aware when he made his statements to the House on 26 October 2010 that they were false.
8. You have previously advised Labour MPs that the test for deliberately misleading the House is a high one and you have also informed Members of the importance of discharging the test that there must be evidence of intent to mislead.
9. It is not plausible for Mr Brownlee to argue that he was confused or mistaken when he made these misleading statements. We now know that he had received unequivocal advice from Sir Peter Jackson that the reason for Warner Brothers reconsidering the filming location for The Hobbit had nothing to do with the action of the unions.
10. Despite this clear advice, Mr Brownlee proceeded to make statements both to the House and to the media on numerous occasions asserting that the union action was the primary reason for Warner Brothers’ concern.
11. Having dismissed the possibility of confusion or misunderstanding, the only credible explanation for these statements are that they were designed to deliberately mislead.
12. The House has traditionally seen any statement by a Member designed to deliberately mislead the House as very serious breach of privilege.
13. Furthermore, I believe it is necessary in this case to take into account the damage that the Minister’s statements had on other groups or individuals. Mr Brownlee attacked the unions who were party to the boycott action on a false basis, and he brought into question the credibility of other unions and individuals, such as the CTU’s Helen Kelly, who were in fact telling the truth. That has been very damaging to those groups and individuals.
14. This being the case, I formally draw your attention under Standing Order 393 to a matter of privilege relating to statements to the House by Hon Gerry Brownlee on 26 October 2010.
Timing of this complaint
15. Standing Order 393 requires that I draw these complaints to your attention in writing at the earliest opportunity. I have written to you as soon as possible after this information was released and before the House next sits. In this regard I have met the requirements of Standing Orders.
Further information
16. I have attached the relevant Hansard from Hon Gerry Brownlee. I have also attached articles from the New Zealand Herald and Radio New Zealand in relation to the email released under the Official Information Act.
Reservation of right to provide further information
17. In order to meet both the requirements of Standing Orders and my desire to provide you with full information, I will write to you again if further, material, information is discovered.
18. In fulfilment of the requirements of Standing Order 395 I am forwarding a copy of this letter to Hon Gerry Brownlee.
not sure i’m “comfortable” with the “nerd” label, but here’s hoping this is the start of something bad for brownlee, and key,by association.
Bb – have to one to be interested in this on Christmas Eve – are we a club with two members ?
This is going to be an interesting watch. Will we be seeing another forced exit of a National minister before the election?
/popcorn
More than just two nerds, Trevor! The “misleading the House” argument really does need to be about deliberate misleading, and not inadvertent misleading, because of the consequences, but I’m glad you are acting on this, as it seems pretty clearly in the “deliberate” bracket.
Lockwood pretends he is fair and balanced, but considering that description is also applied by Fox News to itself, it has come into disrepute. Lets see how Mr “I’m not partisan” Speaker twists and turns to get this one off his desk.
Indeed, more than just two interested.
I hope these Hobbit emails attract some media attention.
Really, a senior minister misleading the house and the public and it’s been swept under the carpet.
And some wonder why the polls are so skewed in the nats favour.
Someone’s going to have to hold this government to account.
I’m pretty confident it won’t be Lockwood Smith.
I think there is plenty of wiggle room for Gerry on this one.
Its worth pursuing of course as Brownlee has to dig deeper or recant.
In the time of the reformation those accused of heresy against church teaching normally were asked to prostrate themselves on the floor before the inquisition and utter the latin phrase-
Revoco (I recant)
Let the inquisition begin!
Good every time this is mentioned kiwi voters remember how the actions of a few overpaid actors cost nz 30 million in lost revenue so go ahead your tatics so far have got you what a 20 point lead in the polls ? or is that behind in the polls
Graham you are a pretty stupid dimwit. I know your masters want this issue to go away – it won’t. Read the stuff and feel embarrassed for supporting them.
What IS very clear is Warners were P&*^$% off they lost the employment law case and were not prepared to abide by our judicial system.
You are a troll and so far behind the play as well. Ban warning both for being trolling and being so wrong. Trevor
I can’t believe the instinct Labour seems to have at the moment for backing losers.
At every turn you seem to forget that to get back into power you’ve got to win over a significant portion of the electorate who aren’t dyed in the wool left wingers.
You all appear to be spending far too much time amongst your supporters, then taking their views and believing that they are typical of / popular within the nation as a whole.
Charles Chauvel has just, I believe, made an announcement that Labour wants the ETS to be implemented in its entirety immediately (or that’s what they’re saying on xtra). Is that really Labour policy? Going into an election year? If so it seems to me that you’ve decided that you don’t want to win (for whatever reason) and have decided to no bid.
About a year ago I suggested that Labour MPs and supporters should read ‘Things Can Only Get Better’ by John O’Farrell. It’s written by a UK Labour supporter about the 18 years in opposition from 1979 to 1997. The similarities between how UK Labour reacted then, and how NZ Labour are behaving now are remarkable, and have become even more marked in the last 12 months. The guy’s a witty writer (and a Labour supporter) so it’s a very funny book, and should be required reading for all members of the NZ Labour party. The sooner you read it the sooner you’ll realise how far you’re currently going in the wrong direction.
PS – Merry Christmas.
Don’t reply to the above poster anyone. That’s what he wants.
Have a happy Xmas anyway George.
Oops.. forgot to say what I set out to say.
Trevor: it’s a club of 3 at the least
Congrats. Superb letter. You will succeed.
Yes, count me in the club big time
George – good luck with supporting the public paying the carbon bill for business by borrowing more money.
People without a conscience don’t feel embarrassment when caught out lying. This does give them somewhat of an edge because, instead of looking guilty as normal people do, they go straight on to the attack, spin and distract mode.
This is seen in the National Party actions after all those embarrassing emails got leaked to Nicky Hager. Instead of replying to the emails and the accusations that they brought up they made up a load of BS about them being stolen. Unfortunately, it worked and the journos reported on the “theft” rather than the underlying corruption that the emails showed.
Maybe a no confidence motion – on the grounds of systematic corruption by government?
Actually, Anne, you couldn’t be more wrong.
I was just saying what I thought.
I contribute very little to this blog any more, although I’m a constant lurker, because I find the nastiness from both sides really unpleasant and counter productive.
I don’t know if you’ve read that book or not. If you haven’t I challenge you to do so before even considering making a comment as to its validity. I guarantee you’ll be amused a lot at times, but that it will also provoke a lot of thought.
What most people who contribute here seem to forget is that the election will be won ‘out there’ not ‘in here’, and that points scoring by either side in this place is pretty pointless apart from in a sixth-form common room sort of way.
I think we just got our presence on this blog called pointless and childish, and by someone who says he likes to lurk quietly amongst the pointlessness and childishness. But who also professes to not like participating in it much these days, except on Christmas Eve.
Whateva.
QED
DIK
congrats georgie,…you’ve just proved, yet again what lethal combination complete ignorance allied with an obnoxious attitude can be when applied to a serious subject.
on a more serious note, i’m gratified to find that i’m not the only ‘nerd’ online today.
i hope this issue gains traction trevor, as it may , when added to the growing pile of issues building up for the govt be one more nail in the coffin of what has shown to be the most dishonest, and corrupt govt i have ever had to live with. even muldoon wasn’t this bad at his dictatorial worst!
I think George makes some interesting observations in his last post. Merry Christmas, I will look out the book.
“Unfortunately, it worked and the journos reported on the “theft” rather than the underlying corruption that the emails showed.”
It was (of course) a theft which wasn’t a theft. The emails were passed on to Nicky Hagar by ‘we don’t know who but we can have a good guess’ who in turn got them from ‘ we don’t know who but we can have an even better guess’ who was in a good position to acquire them without actually stealing them.
Seems I am a nerd too – oh well. Be great xmas pressie if Brownie was strung up – so good work Trev – but I do think he will get on the defensive bandwagon and slither away – as usual. I do live in hope that one day his comeupance will come.
@G – sounds an interesting book – will try to hunt it out. Merry xmas.
hey trev am i aloud to call you a stupid dimwit and ask who is your master?
Keep the pressure on Brownlie. They sold out our sovereignty to Warner bros.
Have a safe Xmas and New Year.
Gerry Brownlee and John Key saved the Hobbit and the NZ film industry. That is all that will be remembered after this preposterous complaint is soundly rejected.
I totally agree with Joey – workers rights sold for a movie. The time for making a stand is coming.
@Tracey/Paul (and anyone else who’s interested:
That book is available in ePub format if you’ve got a Kobo, Kindle or similar, from Whitcouls:
http://www.whitcoulls.co.nz/ebook/things-can-only-get-better/15650691/
Fisiani shows that ventriloquism is still popular in the National Party, as the economy tanks for election year they will next try pulling a rabbit out of a hat.
Merry xmas trevor and keep the buggers honest in the new year trevor. you are my second favourite labour mp after raymond who!
Fisiani, read the emails from Mr Jackson. Also consider Brownlee’s response to same , that he is comfortable with the govt decision, no denial there. The only one in denial is you.