I wrote to stuff this morning pointing out that their report was misleading. I also wrote to the learned author of the information relied on by stuff, he responded:

Hi Alwyn

You are absolutely right. That is a matter I had completely overlooked in my very quick look at the statute. At this stage the new provisions have never been used. In the circumstances the provisions can have no application to Chris Kahui. Thank you very much for pointing that out. I have another media interview tonight. I will point that out if the issue arises .

Many thanks,