The so-called conservatives in the National Party today are just as nutty in their own way as the GOP in the US. The values our democracy is founded on appear to mean nothing to them.....even as they claim to be defending them by defiling them.
doctrines around evidence, privacy, and the rights and liberties of the subject rather than employment or tort law.
How's that work? Before any of those other doctrines come into play it's necessary to establish if secondment alters the relationship between the party being surveilled and the parties carrying out the surveillance, surely? That's all about agency and employment law. Until it's determined if secondment results in the GCSB personnel who have been seconded becoming agents (in the agency/principal sense) of the requesting agency, how can any questions about those other matters be answered? I mean, it's not unheard of for an appellate ruling to announce that the trial court didn't focus on the correct question and thus reached a conclusion that was complete in itself but wasn't complete on the totality of facts of the case.
That it doesn't even appear to be clear which questions of law would take primacy in a legal examination of the "illegal spying" speaks volumes to the complexity of the area.
Key has very much something to hide if he's going for broke on the GCSB controversy, and I can’t help but think that those who dismiss it as a ‘beltway’ issue remind me of when Rob Muldoon glibly dismissed the 1981 anti-Tour movement as a reason that ‘politics should stay out of sport’.
That argument rung hollow considering that Muldoon refused to allow NZ athletes to compete at Moscow 1980, and thumbed his nose at the African boycott of Montreal 1976. Politics and sport have always been a match made in heaven.
And while we're still on Muldoon, not long before he got drunkenly tipped out of office, he quipped that "the average NZer wouldn't recognise a deficit if he tripped over one". That sounded very much like Muldoon dismissing the deficit as a "beltway issue", much like Key similarly dismissing cyber-snooping as such.