Red Zone Secrets

Here is something I don’t get. If it is safe for demolition workers to go through the contents of earthquaked buildings before/while/after they’re demolished, why is it not safe for the occupiers?

“Safes found during demolition – there had been only half a dozen – were either opened under police or security firm supervision, or, if they were attached to concrete, dumped.”

Why is this even necessary? Is it that hard to work out that a safe found in the rubble of building X maybe belongs to someone occupying building X? Could we build on that and guess that someone occupying building X would be able to open the safe themselves, without force, even if it is attached to concrete?

ConfidentialScarier, is that computers and files containing confidential information, in this case mental health records are 1) being “thrown out” at all and 2) if they are “water-damaged”, which doesn’t fly with me, aren’t being disposed of securely.

“The items she was most concerned about included files and computer hard drives containing personal information. Securities House, a seven-level building in Gloucester St near Latimer Square, was demolished by March Construction and Shilton and Brown in May. It housed at least nine mental health agencies.

Tenants, tipped off about the demolition, managed to stop a truck leaving the site in the rain and divert it to an empty section where the contents were tipped.

Tenants then spent the next two days retrieving files from the rubbish. The files had been in locked metal cabinets which had been emptied.

Office manager Mark Petrie said he had contacted a project manager at the time of the demolition to be told no chance existed for any records or personal effects to be salvaged.

He was told all records were water-damaged and filing cabinets rusted.

A former Shilton and Brown worker who worked on the Securities House demolition told The Press workers were told to throw files, many of which appeared to him to be in good order, in the rubbish.”

Where have some files gone? Who knows.

“Canterbury Muscular Dystrophy Association office manager Eris Le Compte, whose office was on the first floor of Community House, said she had gone to look for the 230 personal medical files she had in her office.”

Hopefully other businesses are doing better, because it’s not just a couple of buildings in the red zone that are housing sensitive information.

CERA feigns ignorance. Clearly some demolition contractors have no idea what they’re doing (or every idea of what they’re doing). If CERA has no knowledge of specific cases of important belongings going missing inside the red zone they’re obviously not doing a very good job.

“A CERA spokeswoman said CERA regularly and actively engaged with contractors who had a clear understanding of their obligations within contracts and the law.

‘We have no knowledge of the specific cases you refer to and we can’t comment on whether any allegations of loss of goods within the CBD Red Zone are attributed to contractors’ staff or some other person,’ the spokeswoman said.”

What’s been going on inside the red zone raises a number of issues businesses need to be planning for. After an event like the Canterbury Earthquake, how effective will locks, safes, and filing cabinets be at protecting valuable and confidential information through demolition and when 930+ people are left roaming in and around your building for a significant period of time?

Image credit: Jeremy Keith

Celebrity Justice and Name Suppression

“Well-known comedian”

In case you’re not familiar, here’s a recap:

A television “comedian” gets drunk and comes home, his partner declines his sexual advances and goes to sleep. Later, their four-year-old daughter joins them in bed. He pulls down her pyjama pants and her pull-up nappy and sexually assaults her by way of oral sex (described ambiguously in recent news reports as kissing).

His partner wakes up to him doing this and the police get involved. The charges get shaken around in court (a charge of unlawful sexual connection with a child aged under 12 is taken off the table, along with the possibility of jail) and he pleads guilty to performing an indecent act on a child.

Things that irritate me regarding this case:

  • He says that he thought his daughter was his partner, which implies that this non-consensual sexual act would have been fine if it was performed on an adult (his partner had already said no earlier in the night).
  • He says that he thought his daughter was his partner, which implies that a four-year-old and a fully grown woman don’t have extremely obviously differences in body shape and size or that fully grown women wear pull-ups.
  • That the judge treats him like a victim because people know what he did. “Despite suppression orders it was widely known in his industry who he was and that had taken a toll on his career. He must have significant strength of character to deal with all of that.” She says that he’d “paid an extremely high price already”.
  • Alcohol being used as an excuse.
  • The judge felt it worth mentioning that the assault happened in front of the mother which she says is very “unusual”, as if that means it wasn’t real abuse because it didn’t happen in secret.

PaparazziHe gets discharged without conviction by Judge Philippa Cunningham. The Auckland Now and Dominion Post articles conflict as to if voluntary community work was imposed as a condition (and my definition of voluntary conflicts with theirs).

To add insult to injury, here’s part of her reasoning:

“He’s a talented New Zealander. He makes people laugh, and laughter’s an incredible medicine that we all need a lot of” and that the effects of a conviction “outweighed the gravity of the offending”.

What exact context these comments are in, I’m not sure, but they seem extremely stupid.

Yes, he must feel, quite frankly, shitty for doing what he did to his daughter, but to comment on what a funny guy he is and how disastrous a conviction would be for, I assume, his career…?

Is prison the right place for this guy? No. However, is being discharged without conviction the best choice? No.

But, maybe the discharge won’t stick. The Crown has gone to the High Court to seek a judicial review of the case.

Automatic Name Suppression

Steven Price reminds complainers that the name suppression in this case is automatic and is to protect the identity of the child.

Though Graeme Edgeler points out in the comments that there is a way to name the offender while still protecting the identity of the victim, something that crossed my mind too: if the media don’t report on the relationship between offender and victim, naming the offender won’t out the victim.

Déjà vu

Spot the differences (or more like spot the similarities) between the comedian case and this musician’s case1 (name suppression wasn’t automatic here though, and was dubiously granted).

“The man admitted a charge of inducing an indecent act but was discharged without conviction and given permanent name suppression on the grounds that naming him would affect his record and concert ticket sales.”

Alcohol was involved with the musician too: “He said the man has also addressed his attitude to alcohol”. The comedian: “The entertainer had since sworn off alcohol completely”.

And of course being convicted would adversely affect the musician’s career:

“A conviction would have an adverse affect on his chances to break into international markets.” “It would also have a negative impact on musicians that he performs with.” “Naming the man could destroy the man’s chances of succeeding overseas and could have a negative affect on New Zealand music overseas.”

Preferential treatment of celebrities? Of course not.

Side note: Google is either pretty smart, or someone puts in a bit of effort to influence related search terms in order to out people with name suppression.

1. Stuff took that article down, so here it is:

Teen victim slams musician’s name suppression
By JONATHAN MARSHALL – Sunday News
http://www.stuff.co.nz/sunday-star-times/news/3085484/Teen-victim-slams-musicians-name-suppression

THE TEENAGE girl attacked by a prominent entertainer has broken her silence, describing the musician as a “disgusting, self-righteous pig”.

And Brittany Cancian’s mother has also spoken out, saying the musician’s permanent name suppression was “totally disgusting”.

Brittany, 17, was in central Wellington on March 5 when two of her friends were led away with the drunk man around 3.30am. Brittany’s mother Racheal, of Lower Hutt, said her daughter was attacked by the man while she was checking on her friends.

“I think he’s an animal, when I heard what he had done I thought it was animalistic. He wasn’t at all gentle about it,” Racheal said.

“What happened has absolutely been downplayed. She never followed him down the alleyway. She went to see that her friends, who had followed him, were OK. She has quite a caring heart and she wanted to check on her mates. When she went around the corner he grabbed her.”

Earlier this month the Auckland District Court heard how the famous entertainer asked Brittany and her friends to “kiss my balls” before he grabbed the teenager’s head and pulled it towards his crotch. His genitals brushed Brittany’s face.

The man admitted a charge of inducing an indecent act but was discharged without conviction and given permanent name suppression on the grounds that naming him would affect his record and concert ticket sales. The charge carried a maximum jail term of two years.

The musician was ordered to pay $5000 reparation to Brittany, who is yet to receive the money.

Racheal said police never asked her or Brittany if they wanted the man’s name suppression application opposed. Court documents reveal police maintained a “neutral” position on the matter.

“As a mother I am disgusted that he could get name suppression and I’m disgusted that he could do this to my daughter.”

Brittany said in a statement that the entertainer should have been named so other females could be “wary” of him.

Brittany and her mother’s comments come just days after the Law Commission released a report recommending an overhaul of New Zealand’s name suppression system to make it harder for offenders to keep their names secret.

Commission president Sir Geoffrey Palmer said if recommendations in the report had been adopted by the government prior to the musician’s court appearance, he “certainly would not” have received suppression.

“He would have to show extreme hardship and that is very difficult to do … that is hardship out of the ordinary, not ordinary hardship, and that is a much higher threshold than the law currently provides.”

“We all have to have equality before the law. The person who is a grave-digger has to be treated the same as a person who is an All Black.”

Asked whether families’ views on suppression should be taken into account, Justice Minister Simon Power said: “The issue of name suppression needs a very broad overhaul and I’m not closed to any suggestions.”

Racheal was reluctant to discuss why her daughter, aged 16 at the time, was out in central Wellington during the early morning.

“I don’t really want to go into that part but, yeah, she was quite naughty.”

The entertainer last week said he was “too busy” to be interviewed and had “no wish to discuss” the incident.
© 2009 Fairfax New Zealand Limited

Image credit: internets_dairy

Meet MattyBRaps

Meet Matthew Morris aka MattyBRaps. At eight-years-old, he’s voice coached, partnered on YouTube, LLC’d, trademarked, and sponsored, because of his rap videos. He’s managed by his father, who has a BBA (Bachelor of Business Administration). Lyrics and videos are produced with the help of his cousin, MarsRaps. Crafted into a marketable “product”, his tweets are ghostwritten, Dailybooth photos posed and production value of his videos high. Shot in 1080P, some feature luxury cars, celebrities, red carpet and recording studios (and who needs to go out when you have one in your house?).

Hoodie kidHis siblings aren’t missing out on the fun either. Or at least one isn’t. His older nine-year-old brother Joshua (JeebsTV) has his own YouTube channel too with the same high production value and sponsor.

Assumedly his parent’s goal is for him to be discovered by someone like Ellen (a feat which might be difficult as his videos are so polished already), release an album and tour the world. MattyBraps Ellen tweet

If he does make it big, what kind of attention is he going to attract? You can’t have your cake and eat it too. Fame comes with hate, and a lack of privacy. Maybe he knows he wants to rap, but does he understand the potential ramifications for his future? Because I’m not sure his parents do.

Here are some shining examples of friendly Dailybooth commenters (http://dailybooth.com/MattyBRaps/10761255, http://dailybooth.com/MattyBRaps/10109139).

MattyBraps hate 5

MattyBraps hate 4MattyBraps hate 3MattyBraps hate 2MattyBraps hate 1

Would there have been anything lost (maybe except for money) if Matty was encouraged to pursue what he loves outside of the internet spotlight, at least until he was older? Sure, keep the vocal coach, but was there a need to commercialize him this early in his life?

Running your son like a business. Exploitative or just entrepreneurial?

Image credit: QUOI Media Group

The 1½ Star Apple Product

Okay, I lie. That’s for the 65W one, the 85W one I have actually gets 2 stars.

Introducing the Apple MacBook power adapter, possibly the worst rated Apple product around.

Mine has been slowly breaking near the end that connects to the computer for the past month. I’ve now become skilled at what I have to do to get it to work after it’s plugged in (the very technical approach of jiggling) but touching anything in the vicinity the wrong way will cause the charger to stop working again.

It’s been about one and a half years after I bought the Mac, so it definitely shouldn’t be breaking so soon, but that also means that I’m outside of the one year warranty. I didn’t buy AppleCare, because, you know, I live life on the edge. And also because it’s freakishly expensive at $600. Laptops are probably the only thing that I’d consider buying an extended warranty for, but I wouldn’t have chosen a Mac if I thought it would need $600 worth of repairs before it was three years old. Also, we have the Consumer Guarantees Act.

The 15 minute call

So I called Apple. I’d reMacBook Pro with chargerad on an Instructables post that some people had good experiences calling up Apple and receiving a new charger even outside of their warranty period. Their reasoning being because Apple knows the chargers are poorly designed (but nice to look at) they will replace them.

I called Apple, and I think spoke to someone in Australia. Side note: outsourcing is fine by me if it doesn’t interfere with getting stuff done for the customer, which in Apple’s case it kind of does.

The second person I spoke to, in his defence I think he was foreign to Australia, didn’t know much about the geography of New Zealand.

Their list of Christchurch repairers was outdated and I was given Yoobee’s earthquaked Moorhouse Ave location, prompting a humorous response from the rep: “If they’re listed here they should be open. Otherwise it would defeat the purpose of my list.” I can’t imagine a list of Apple stores being outdated.

And according to an Instructables comment, if I was in the USA this could have all been done by courier, or according to Yoobee’s staff, if we actually had Apple stores here in New Zealand (which the international phone reps often assume) I could have just walked in and got a new charger straight away.

I tell the rep what’s wrong with the charger: it’s broken at the moment, when I plug it in sometimes it works but the majority of time it doesn’t and I have to play around with it to get it to work. We go through my serial number (which today I found out has SWAG in it), whether it’s the original charger, the purchase date, my lack of AppleCare and my email address. I get told it’s outside of warranty and some dubious information about incorrect watt adapters blowing up. I bring up the endless one star reviews, he says he’s read them the other day and most are because of blown up chargers[citation needed]. I drop four magic words: the Consumer Guarantees Act, get told I should contact the Ministry of Consumer Affairs and then talk to Apple’s legal team, which seems like it’s probably said to scare people away. I ask to be transferred to their legal team but get told that’s not possible.

[funky hold music]

His supervisor says that it would be inconsiderate (his words) if they provided an exception for me because it would be unfair for people who bought AppleCare (also his words). Guilt trip. He asks if I’m sure it’s the power adapter and when it started happening. He asks if I can bring it into one of their service providers so they can do a full diagnostic, which basically consists of plugging the charger into a computer and scanning the barcode the computer displays when the charger doesn’t work. Once it’s confirmed they’ll look into the possibility of giving me an exception, but he can’t promise me anything, because it would be unfair.

Scene change – Yoobee store

Apple makes them send in the broken charger before they will send out a new one, “That’s the rule they give us”. Apple won’t just take their word that the charger is broken. Having no charger is worse than having one that works intermittently. Yoobee checked if they had any ones they could loan me, but they didn’t. I didn’t ask why they couldn’t just give me one off the shelf, pick your battles and all, you know?

Unsurprisingly they say about broken chargers that “we do deal with these all the time.”

TO THE CAAAAARRRRR.

Scene change – the car park

I ring Apple from the car and get the same supervisor. We have a 36 minute conversation which basically consists of me complaining about the ridiculous policy (Apple says it’s Yoobee’s, Yoobee says it’s Apple’s. I side with Yoobee) of not being able to keep a semi-working charger while waiting for the new one and the rep trying to make me feel bad because he gave me an exception to the out of warranty policy for a charger that isn’t even properly broken (like giving away a charger is such a rare event, if the charger wasn’t so poorly designed I wouldn’t need a new one after 18 months, but battles). Apparently the free charger was because their product lasted 12 months so I didn’t need to get anything fixed during my warranty, and not because of known product flaws.

The conversation ends with me inside the store again having a speakerphone conversation with the rep and a Yoobee Apple tech.

I kept the charger. A new one is coming in on Wednesday for me. Also, Yoobee texts you with updates on your case. Technology.

<3 Yoobee. Not so much <3 for Apple.

Image credit: Marcin Wichary

I don’t consent to this search, Mrs Tolley

The Ministry of Education has released guidelines regarding schools searching students and confiscating their property. The Education Act doesn’t specifically give schools the power to search and the issue hasn’t come before a New Zealand court before, so the guidelines really are just that. It’s possible though that courts would say that searching is an implied power under the general umbrella of a board having “complete discretion to control the management of the school as it thinks fit.”

On the other hand, it could be argued that as significant privacy issues are involved and that the power of search is not specifically given to schools that such searches are not lawful.

The protection from unreasonable search and seizure comes from the New Zealand Bill of Rights Act:

“Everyone has the right to be secure against unreasonable search or seizure, whether of the person, property, or correspondence or otherwise.”

Risk to safety

Backpack contentsThese three words form the basis of the guidelines. The item being searched for must pose a risk to safety.

“Risk to safety means that there are reasonable grounds to suspect that students or staff are at risk of harm from an item that poses an immediate or direct threat to physical or emotional safety.”

I interpret an item posing an immediate or direct threat as one when the student possessing it has an intention to use it right now. In the examples attached to the guidelines, staff involved consider “whether there is an imminent risk to the physical or emotional safety of students or staff …”

I struggle to think of an example where a dangerous item is all at once: not visible (because if it was visible, no search would need to take place), is about to be used, and where it would be a good idea to start trying to search the student rather than try to deescalate the situation so the item isn’t pulled out.

A common sense approach!

So basically, instead of taking the student away from others and getting the police involved to begin with, school staff should involve themselves with dangerous or illegal items, potentially escalating a volatile situation. And of course, the student that won’t willingly hand over an item they’re suspected to have will obviously be happy to comply with an intrusive and legally questionable search.

Violate rights, tell parents later

“Except in exceptional circumstances you should inform parents or caregivers after a search has been conducted (if you have not already contacted them).”

No. Parents should be contacted first, always.

Diaries, mobile phones, and laptops

The guidelines mention searching correspondence under the definition of a search. They state that this would include “written and electronic material (e.g. in a diary, on a mobile phone or on a laptop).” None are mentioned again in the guidelines, except for a laptop in a weak example (see below).

This gives the impression that a diary, mobile phone or laptop could theoretically be searched in accordance with the “imminent risk of physical or emotional harm” criteria. Cue alarm bells. How that criteria could be construed as applying to electronic devices and diaries potentially containing very private material is beyond me.

Lukewarm examples

There is no strong scenario provided with the guidelines where a search should actually be conducted.

Scenario 1: Pornography on a laptop. Example correctly concludes that a laptop isn’t a threat if it’s not turned on and so shouldn’t be searched.

Scenario 2: Students caught smoking marijuana say they were sold it by another student. No search because police have to be called because of the illegal items potentially involved.

Scenario 3: Students are lighting deodorant on fire. Friends of a student hand over their lighters. Student is suspected to still have a lighter. Example says that there is an imminent risk to the physical or emotional safety of students or staff in this situation because “a student could easily be burnt if the activity continues.” Imminent risk, really?

Concludes that “as the risk is significant it is likely that the search should – if it safe to do so – be conducted.” I say education would be better than a search. There’s nothing stopping the student from bringing another lighter the next day after he’s searched. Searching isn’t going to magically solve the underlying problem.

Scenario 4: Hearsay that a student is going to “get” another student and more hearsay about a “knife.” Student seems upset and angry, doesn’t stop when teacher asks him/her to. Example correctly concludes that searching straight away when a situation isn’t calm isn’t a good idea. Example says if staff conclude there’s an immediate risk to call the police. Tick.

Or if the situation isn’t considered an emergency: the student has calmed down, staff don’t feel threatened, they only think a small pocket knife is involved, staff can “proceed to consider … if a search is appropriate in the circumstances.” Except they can’t have it both ways. If the student is calm and wouldn’t use a knife if he/she had one (no imminent threat) then a search isn’t necessary. If the student would use a knife if he/she had one, then the police should be called.

Unnecessary and a breach of BORA

Vanushi Walters, YouthLaw solicitor speaks the truth. If the situation is serious enough for a search, it’s serious enough for the police.

“Search and seizure powers in schools are unnecessary and a breach of the Bill of Rights Act. She said the most appropriate course of action is for principals and teachers to call the police.”

Let’s make the guidelines law

But wait, there’s more.

“The Ministry was also looking in to possible legislative changes to give schools more support in what was ‘a complex legal area,’ she said.”

Give school staff equivalent or greater powers than the police have so they can search students? Okay!

You want to violate my privacy? You’ll have to put up a fight, I don’t consent to this search.

Image credit: Hello Turkey Toe

From Today: Three Strikes and You’re Out

Copyright infringements, from today, come under the poorly worded, poorly debated regime introduced in the Copyright (Infringing File Sharing) Amendment Act. Infringement notices can be sent out 21 days from today, on September 1st.

The aim is to make it easier for rights owners to take action against copyright infringers who download music, movies, TV shows, books, software etc. Peer-to-peer (P2P) file sharing is the intended target, but the law seems like it could include other types of file sharing, which will end up being clarified by the Copyright Tribunal or the courts:

file sharing is where—

  • “(a) material is uploaded via, or downloaded from, the Internet using an application or network that enables the simultaneous sharing of material between multiple users; and
  • “(b) uploading and downloading may, but need not, occur at the same time

Some examples of the software likely covered under the law (if they’re being used to download infringing content) are here.

Process

TorrentingNotices from rights owners are sent to alleged infringers through their internet protocol address provider (effectively their internet service provider), like Telecom, Orcon and Slingshot. The order of the three notices (hence the three strikes name) are a detection notice, warning notice and then an enforcement notice. What notice you’re on is specific to each rights owner, eg. if you’re on the second notice, a warning notice, with Sony, a notice sent from Universal would be a detection notice, the first notice, assuming this is your first run in with Universal. This example, however, seems like it would be muddied if Sony and Universal both use an agent to do their bidding for them and it is the same agent.

There is a 28 day on-notice period after a detection or warning notice is issued where alleged infringements against that rights owner don’t count towards the next notice.

Detection and warning notices expire nine months after the date of the original detection notice. Enforcement notices expire 35 days after they are dated. The expiration of an enforcement notice expires the previous detection and warning notices too.

Rights owners pay $25 + GST to the IPAP for each notice they send through them. IPAPs have said that this won’t cover the set up and ongoing costs that this act cause, which will probably mean higher internet prices for everyone.

Rights owners don’t see an alleged infringer’s personal details.

The Copyright Tribunal

When an alleged infringer is on an enforcement notice, the rights owner can pay $200 to take them to the Copyright Tribunal, which will normally accept written submissions, but a face to face hearing can be requested by either party. Legal representation isn’t allowed at the hearing, but the rights owner will likely be represented by someone who knows what they’re talking about. Fines can be ordered of up to $15,000. There’s a provision in the act for rights owners to apply to a District Court to get an accused’s internet access cut off for up to six months. It’s currently not available, but could theoretically be implemented at any time.

Challenging notices

The normal burden of proof is reversed with an alleged infringer having to prove that they didn’t infringe copyright (how you prove you didn’t do something, I’m not sure). A notice can be challenged by an alleged infringer. Challenges have to be received by the IPAP no more than 14 days after the notice was dated. It’s up to the rights holder whether they reject or accept the challenge. If a rights holder doesn’t respond to a challenge before the close of the 28th day after the original notice was dated, the challenge is deemed to be accepted.

Account holder

The account holder, most likely the person whose name is on the bill, is liable for any content downloaded or uploaded over the connection they pay for. Unlike speeding tickets there’s no way to transfer this liability. Schools and pupils, universities and students, businesses and employees, libraries and library users, parents and children, landlords and tenants or flatmates could all be affected because of this. This also means that account holders are liable for guests or people they don’t even know who might be accessing their unsecured wireless internet (if you’re not sure if your wireless internet is secure, you can Google something like ‘securing wireless internet’ to make sure).

Effect on illegal file sharing

The regime ends up being ridiculous because a moderately technically competent person can get around it easily. Extreme illegal file sharers are probably already protecting themselves using seedboxes or VPNs. More casual downloaders will likely swap to using seedboxes, VPNs, streaming websites, searching file storage websites like Mediafire with Google or downloading audio from YouTube after they receive a few detection notices. There’s also the possibility of them avoiding the regime using mobile internet, which isn’t covered under the law until October 2013, or by using unsecured or free Wi-Fi.

Is this the death of free Wi-Fi? Are Rugby World Cup tourists going to wonder why their accommodation doesn’t include internet access? Are some ISPs going to start blocking all P2P traffic regardless of the legality of it?

It will be interesting to see which rights owners choose to send notices under the new regime. To be honest, I’m not sure how initiating a process that leads to the Copyright Tribunal is going to want to make people spend money with a company.

More information at 3strikesNZ.

Image credit: Jennie Faber

New Zealand Driver Licence Age Changes

Update: My exemption was approved. Here’s what I wrote.

On August 1st changes were made to the graduated driver licensing system in New Zealand. The minimum age to apply for a driver licence changed from 15 to 16. That change and that the restricted age was going up with it was fairly well publicized, but what wasn’t was that the age to get a full licence also changed. This Nelson Mail/Stuff article [now offline] doesn’t mention changes to the full licence age at all. This Timaru Herald article stops at the restricted changes too. The latest AA magazine, the Winter 2011 edition of AA Directions, only talks about the changes to the learner age. Not surprisingly, people are confused. I’ve written about the NZTA being unclear before.

Exemptions

Modarres Highway, TehranHowever, if someone already paid for their licence test before August 1st, they get around the changes. If you missed out by ~10 days, you have to apply for an exemption to get your licence in the previous time frame, which seems simple at first. The NZTA says they “will grant you an exemption,” basically if you would have been able to get your licence under the guidelines before the changes and if you have a “clean driving record.”

You have to pay a non-refundable $27.20 fee, which covers the processing(???) of the application.

Not everyone is a lawyer

The exemption form (PDF) contains some complicated questions. It seems unfair to expect teenagers to be able to competently answer them.

What have you done to mitigate the risks to road safety? and

How has the legislative requirement been substantially complied with and why is further compliance unnecessary? or
What action have you taken or provision have you made that is as effective or more effective than actual compliance with the legislative requirement? or
How are the legislated requirements clearly unreasonable or inappropriate in your case? or
What events have occurred to make the legislated requirements unnecessary or inappropriate in your case?

Can someone just write “I have a clean driving record?”

Publicity

With the Zero alcohol limit Facebook adtexting ban there were advertisements in newspapers, plus it was covered well by the media. A couple of days ago I saw a Facebook ad about the new blood alcohol limit for young drivers. Excellent. But I had no idea that the changes to the driving age could affect people on their restricted licence from moving to their full licence until after the changes came into effect, and I’m in that target audience.

“The NZTA issued a media statement and launched a new web page with information when the changes were announced, followed up by reminder statements over the past couple of weeks – the changes were flagged as one of the main news stories on our website homepage for several weeks.”

“The info has been available from the homepage of the NZTA website – www.nzta.govt.nz, as well as from www.practice.co.nz (site for restricted [sic] drivers and their parents), and www.safeteendriver.co.nz

The media didn’t seem to pick up on the affect the changes have on restricted drivers until after the changes. I think the new web page meant is Safe Teen Driver, which is a site for the parents of restricted drivers. Unless that site has been modified since the changes, it doesn’t seem like, after a quick browse, there is any mention of the changes. Teenagers aren’t checking the NZTA website. The Practice website is for learner drivers and my issue is the with lack of communication to restricted drivers about changes that affect them.

RRFC

Now I understand why articles end up saying something along the lines of “there was no response after repeated requests for comment.”

Questions I asked via email on whether the NZTA thought the exemption questions were reasonable to be asking young people, whether having a clean driving record is a good enough reason for getting an exemption, whether information about changes was advertised in newspapers, on TV and through social media, and what the money from the fee for applying for an exemption actually goes towards remain unanswered. I was directed to the NZTA website for full information on applying for exemptions.

I did, however, get sent statistics that in July there were around 17,500 learner licence tests conducted compared to around 10,000 in “a normal month” and that there was a 15% increase in 15-year-olds applying to sit learner licences since May when the change was announced. I’m not sure if this takes into account the fact that there were school holidays in July. The pass rate was also up from “the recent average of around 60%” to 67%. I asked for statistics on restricted and full licenses because I think there was a lack of attention given to those age changes, not the learner licence age change. I am yet to have been sent those statistics.

I have to apply for an exemption to get my full licence. What should I write, and what second question should I choose?

Image credit: Hamed Saber

TEDxEQChCh Salon #1

A week ago, Christchurchians braved the aftermath of the snow and met at the Bush Bar for the first TEDxEQChCh Salon*. Previous TED talks were shown, and people were invited to share what they were involved in post-quake, or something else the audience would be interested in. Someone I talked to summed up the difference between May’s TEDxEQChCh well: this was more about the people than the buildings.

Cathedral made out of #eqnz tweets made by Kunst Buzz on display in the TEDxEQChCh lobby

Kunst Buzz‘s tweet cathedral, the ChristChurch Cathedral made of a random selection of almost 1000 #eqnz tweets (approximately 98,000 characters) which was on display in the TEDxEQChCh lobby, among other TEDxEQChCh memorabilia that has been given to Te Papa.

The talks

Brene Brown: The power of vulnerability

Brene Brown hacks into lives for a living. She talks about banana nut muffins, worthiness, being imperfect, her office supply addiction and human connection, which led her on a quest that sent her to therapy, but changed the way she lived.

Something she said seemed very relevant post-quake: “they had the compassion to be kind to themselves first and then to others.” Very similar to advice given in a pamphlet dropped in our letterbox yesterday.

Tony Robbins asks why we do what we do

Tony Robbins usually runs 50+ hour coaching seminars over weekends. He talks about patterns, resources, needs and describes what happened in one of his seminars of 2000 people from 45 different countries in Hawaii on the day of 9/11.

Mark Bezos: A life lesson from a volunteer firefighter

Mark Bezos usually fights poverty, but also volunteers as a firefighter. He talks about his first fire, and that we shouldn’t wait for something to happen before we try to make a difference.

Dave Meslin: The antidote to apathy

Dave Meslin tries to make local issues engaging. He talks about barriers that keep people from getting involved.

The people

Tim Taylor

Tim Taylor talked about Project Regenerate a subsection on the Rebuild Christchurch site which shares visions for a future Christchurch in video form and lets people vote and comment on them.

Trent Hiles

Trent Hiles talked about the creation of a multi-purpose arts complex in Lyttelton and Lyttelton’s Act of Art, a Gap Filler project whose first installation, a tribute to James K Baxter and the town, is up.

Grace Duyndam

Grace Duyndam talked about the 350.org Moving Planet September 24th worldwide rally against fossil fuels.

* TEDx Salon’s are intended to engage the community between larger events through small recurring events, keeping the spirit of TED alive—ideas worth spreading.

Calendar Girls Cheerleaders

Last Saturday, Canada played the USA in an ice hockey match in Christchurch. Calendar Girls, a strip club, sponsored the event. They also paid $500 to All Star Cheerleaders to have them perform at the event, a team made up of mainly underage girls, including a nine-year-old (disclaimer: I know someone on the team.)

Announcements

‘“They were announced as All Star Cheerleaders brought to you by Calendar Girls,” [Jacqui Le Prou, Calendar Girls owner] said.’

I’ve been told that the team was referred to as the “Calendar Girls Cheerleaders” throughout the night. Online comments from those attending on the night support this too:

“We were at the Ice Hockey – and did think it was rather strange to be introducing the obviously young girls as ‘calendar girls’ – it was never mentioned that they were from a cheer leading club (although it was obvious they were trained in cheerleading) It wasnt just once they said it either – all night!!! If that was my daughter – i’d be FUMING.”—MT

“Did find it a little strange to have the young girls announced as Calender Girls Cheerleaders.”—Michael

Youth Olympic Games CheerleadingI’ve also been told that someone, I’m assuming from Calendar Girls, got a caption for a photo changed from the All Stars Cheerleaders to Calendar Girls Cheerleaders, that someone at The Press picked up on that caption for a photo of obviously young girls and that’s why a reporter started investigating.

Whoops

Above, Jacqui implies that the girls weren’t referred to as “Calendar Girls Cheerleaders”. However Calendar Girls’ social networking pages tell a different story.

Calendar Girls TwitterCalendar Girls TwitterEven more concerning is a photo of the Christchurch cheerleading team, including the nine-year-old girl, and I’m told Jacqui Le Prou’s young daughter, that was posted on Calendar Girls’ Auckland Facebook page. Faces blurred by me because they and their parents didn’t know where this photo was going to end up.

Calendar Girls Cheerleaders Facebook

Parents

“They don’t sign up for other people to pass them off as Calendar Girls, but then again their parents were all there and they didn’t pull them from their performance.”—The team’s coach, Claire Stackhouse.

The frustration is understandable. I’d say the reason why teams do events like this is to show that they actually have to put in work to pull off a performance, and to raise the profile of cheerleading to be more like a sport and less like something seedy. A comment on the Yahoo article hits the nail on the head on why the girls don’t have horrible parents:

“…cheerleading here bears little resemblance to the US or rugby style cheerleaders. Here it has morphed into something quite different, involving agility, skills, strength…”—Judy

I understand there was a second part to Claire’s quote that wasn’t included in the article (probably due to space constraints, understandable): during a performance that is supposed to be professional, it is very unprofessional to walk out half way through.

Auckland event

The same match was also played in Auckland and an All Star Cheerleading team performed there also.

“[Jacqui] Le Prou said the cheerleaders at the Auckland event were between 18 and 24.”

I’ve been told there were cheerleaders as young as 14 12 on the Auckland team. This also prompts the question: if Calendar Girls is really against using underage girls to promote their club (“she sent me a nine-year-old, which I wasn’t very happy about”) why did they not pull the Christchurch performance when they became aware that there were people on the team under 18, including a nine-year-old?

Why cheerleaders?

People familiar with cheerleading have said that cheerleading teams always have members of varying ages and that it would be near impossible to find a cheerleading team that only has people aged 18 and over in it. I question why Calendar Girls didn’t hire 18+ models, promo girls or use some of their own staff if they wanted to promote their club.

Whether someone involved was aware of what Calendar Girls wanted to introduce the team as or not still leaves the question as to why the team was referred to as the Calendar Girls Cheerleaders when the team was clearly made up of underage girls.

Image credit: Eustaquio Santimano

Punishing the Victims of Suicide

Need help? In New Zealand, you can call Lifeline on 0800 543 354 or Youthline on 0800 37 66 33.

Te Ururoa Flavell, Māori Party MP wrote this piece for The Rotorua Daily Post on suicide prevention.

He seems to miss the boat entirely and says:

“From what I have heard, one is almost wasting time asking why [suicide] happens.”

Instead he suggests we… shame and stigmatize the other victims of suicide—the friends and family of a person who has taken their own life.

“If a child commits suicide, let us consider not celebrating their lives on our marae; perhaps bury them at the entrance of the cemetery so their deaths will be condemned by the people.”

“In doing these things, it demonstrates the depth of disgust the people have with this.”

He Cemeterysays he has seen family members “in their despair, in their real grief,” but has no problem supporting the hijacking of their grief process by not allowing the usual practices to take place and stipulating where a person should be buried. Funerals and related practices aren’t just for the person who has passed away. Just because someone has taken their own life doesn’t make that life any less worth celebrating.

Progressive leader Jim Anderton’s daughter took her own life. He says that those on the verge of suicide are not acting rationally. Would place of and practices around a person’s burial really act as a preventative measure and stop them from taking their own life?

Mr Flavell says he was just trying to get people talking, to find a solution.” Setting up families and friends for embarrassment isn’t that solution and introducing further shame around suicide isn’t the way to encourage people to talk about it—which is what really needs to happen.

Image credit: Nathan Hayag