Newsletter 107, September 2012
In this Issue:

Rethinking focuses on one issue – managing emotion in the Courtroom.

When President of the NZ Law Society, Jonathan Temm spoke out recently the way TV camera are used to increase the level of emotion in the courtroom, he struck a common accord with Rethinking Crime and Punishment, who in its recent oral submission on the Victims of Crime Reform Bill, described it as the “Oprahfication” of justice.

The point in a Court hearing at which the level of emotion is likely to reach a peak, is when the victim reads out the victim impact statement (VIS). In this edition, Associate Professor Christopher Marshall, Victoria University, and Tony Paine, CEO for Victim Support comment on an article by Sandra Walklate, who raises questions about the way politicians and policymakers have increasingly evoked, often in highly emotive terms, the impact of crime or court procedures on victims as justification for radically new directions in justice policy

Rethinking then goes on to consider what steps might be taken to reduce the level of emotion generally, and more specifically at the critical point when the victim’s statement is read out in the Court. The challenge is to provide the opportunity and space for victims to participate in the court process, without allowing the trial to degenerate into theatre. We propose a different approach , which we have called a Victim Offender Encounter, (VOE) which would satisfy the needs of the victim, without raising expectations that the reading of a victim impact statement would have some immediate effect on the sentence. It would also allow the victim to explain to the offender the harm that has been caused, without that process deteriorating into a public exercise in retribution.

In Rethinking’s view, it is not sufficient to focus only on how to better manage emotion in the courtroom. A far better goal would be to introduce processes which enhance the healing potential for victims, and at the same times, preserves the basic rights of defendants.

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Gordon Campbell: On The 2013 Budget

Among Thursday’s main talking points:

We are apparently on track for a margin-of-error $75 million surplus, now in sight for 2014/15. But this sickly creature is hobbling out of the lab on the basis of all kinds of facilitative conjuring: such as trimming by $200 million the amount of new spending next time around.

With this strictly nominal surplus in sight, the 1984-ish justification for eternal austerity will have a news talisman: namely, getting Crown debt down to 20% of GDP by 2020. More>>

Budget Report, Lockup Audio & Images: Budget Day 2013 As always and especially after the managerial mishaps of the past few weeks and months, (e.g. Aaron Gilmore, the Mighty River Power share float, the GCSB mishaps) Budget Day 2013 was always going to be a pageant of reassurance... More>>

Budget 2013 Comment: Plain Sailing, But It's No America's Cup Pattrick Smellie: Compared to the last four budgets, this year's reflects an economy moving out of recession and into calmer waters... Yet if the fastest annual growth rate we can expect over the next two years is 3 percent - with the Christchurch rebuild in full swing - then you'd have to say New Zealand's underlying low-growth problem is far from fixed. More>>

Auckland Discord: Govt’s Power Hungry Housing Approach A Threat - Labour

Last week the Government said this, ‘The Government commits not to use any proposed or existing powers ... to override the council's planning and consenting processes’. But its housing Bill says this; ‘If an accord cannot be reached in an area of severe housing unaffordability, the Government can intervene by establishing special housing areas and issuing consents for developers’. More>>

ALSO:

• NZ Govt - Housing accords legislation passes first reading - Legislation For Housing Accords, Land Supply - Housing package improves affordability, access
• Greens - Budget numbers show National’s failure on home affordability
• Auckland Chamber of Commerce - Budget 2013: Housing intervention needed
• Out-Link - Gareth Morgan: Response to housing problem limp-wristed
• Earlier, Pre-Budget - Auckland Accord announced

Extending Protest Ban, Relaxing Permit Rules: Govt Abuses Urgency To Extend Anadarko Amendment

The Government is trying to pass legislation under urgency which would make the Anadarko Amendment – which limits protest at sea – apply to an additional 1.7 million square kilometres, the Green Party said today. More>>

ALSO:

• Parliament Today - Parliament Resumes To Pass Budget Bills
• Labour - Government to extend protest ban
• Greenpeace NZ - Oil Companies Lacking ‘Expertise’ and ‘Financial Ability’ Set to Be Handed Drilling Permits
• 2010 image via: Pacific.Scoop - Media watcher gives NZ press nil score card for China oil spill coverage