Another Spectrum

Personal ramblings and rants of a somewhat twisted mind


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Rā kirihimete 2020

Meri Kirihimete (Merry Christmas) one and all.

I appreciate that for some of my readers, it’s still Christmas Eve, but for us in Aotearoa New Zealand, Christmas day is drawing to a close.

The wife and I travelled the 110 Km (70 miles) to Paraparaumu for lunch with our daughter’s family and some of her friends. As usual it was an extended affair where we all ate too much, and by the time dessert and coffee had been served it was 5:00 pm. Three hours later I am still uncomfortably full. I think it was the third helping of the wife’s truly wonderful trifle that finally told me I had consumed too much. Although it might have been the second helping of tiramisu or pavlova…

It’s the realisation that many of my readers (most are in North America and Western Europe) will not be so fortunate this year, being unable to celebrate the festive season with friends and family, that requires me to acknowledge how fortunate we are to be living in a Covid-free bubble of five million people.

Christmas fare

Top: What was left of mains after everyone had taken their first helping.
Bottom left: My first serving of mains.
Bottom right: Selection of desserts.

Perhaps not typical Northern Hemisphere Christmas fare, but hey, it’s summer and the only fire burning today was the gas barbeque used for cooking the lamb chops and sausages.


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A covid free (Kiwi) Christmas

We might not be able to join with overseas relatives this Christmas, but the authorities have put in place measures to ensure that Santa will be able to visit Aotearoa New Zealand. He will not need to quarantine for fourteen days as do other visitors. As the interview with the Prime Minister illustrates, this country has pulled out all the stops to make sure Santa’s delivery run is as safe and Covid free as possible. Not sure if the same is true in other jurisdictions…


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#MeToo – NZ style

Sexual harassment is all too common, and yes, it also happens in Aotearoa New Zealand too. And just as in the rest of the world, women are by far more likely to be harassed than men. Regardless of gender, it requires a lot of courage for a victim to seek redress for any form of harassment, but particularly when it is of a sexual nature.

In this country it is slightly easier than in many other jurisdictions to seek redress as the Human rights Commission will often represent a plaintive in court through the office of the Director for Human Rights Proceedings.

In a recent case, the Director for Human Rights Proceedings represented a woman in a sexual harassment hearing before the Human Rights Review Tribunal where the woman was awarded a six-figure sum for sexual harassment that occurred in the course of her employment. Unfortunately, most of the details of the case have been hidden behind a confidentiality agreement so it’s unlikely that we’ll ever know the full details.

What makes this case unusual is that the value of the payout is large by New Zealand standards, but it does show an increasing intolerance by the courts towards sexual harassment. Perhaps more unique is the nature of the woman’s employment, and although similar cases have been successful in this country, her job would preclude such a case being brought before the courts at all in most other jurisdictions.

According to an article in the New Zealand Herald:

A sex worker awarded a six-figure payout after being sexually harassed at work is feeling vindicated, say those who lobbied for her.

Despite much of the case being subject to a confidentiality agreement, the Office of Human Rights Proceedings has revealed a substantial settlement has been reached between a business owner and a sex worker.

The money is to compensate the woman for emotional harm and lost earnings.

Human rights proceedings director Michael Timmins said the settlement was “substantial” and hoped to serve as a benchmark for future cases.

New Zealand Herald, 14 December 2020

The finding of the tribunal are not yet available online but seem to be consistent with the finding of DML v Montgomery in March 2012 where DML was awarded $25,000. There the key finding was that Sex workers are protected by section 62 of the Human Rights Act 1993 (sexual harassment).

Sex workers work in an environment where there will be some sexual language/behaviour. However, there is a difference between sexual language/behaviour with a legitimate work purpose, and sexual language/behaviour that is unwelcome or offensive to the individual.

Some key findings in that case were:

[106] But context is everything. Even in a brothel language with a sexual dimension can be used inappropriately in suggestive, oppressive, or abusive circumstances.

[110] In addition to establishing that the spoken language complained of was of a sexual nature, the plaintiff must also show that the language was either unwelcome or offensive to her. Whereas the test for the first element is objective, the test for the second is subjective. That is, it is the complainant’s perception that is relevant. It is immaterial whether the person complained about (or any other person) considered the language to be unwelcome or offensive. See Proceedings Commissioner v Woodward [1998] NZCRT 8 at 6 (CRT, 22 May 1998) and EN v KIC [Sexual harassment] at [49]. There is no “reasonable person” test. The harasser must take the consequences of the victim’s sensibilities. See Lenart v Massey University at 267.

[111] It follows that it is not possible to ask whether a “reasonable sex worker” would find the behaviour unwelcome or offensive. If the Tribunal accepts the plaintiff’s evidence that she did indeed find Mr Montgomery’s language unwelcome or offensive, that is sufficient. If in a brothel language or behaviour of a sexual nature could never be considered unwelcome or offensive sex workers would be denied the protection of the Human Rights Act.

[146]… Sex workers are as much entitled to protection from sexual harassment as those working in other occupations. The fact that a person is a sex worker is not a licence for sexual harassment, especially by the manager or employer at the brothel. Sex workers have the same human rights as other workers. The special vulnerability of sex workers to exploitation and abuse was specifically recognised by the Prostitution Reform Act 2003 which not only decriminalised prostitution but also had the purpose of creating a framework to safeguard the human rights of sex workers and to promote their welfare and occupational health and safety:

3 Purpose
The purpose of this Act is to decriminalise prostitution (while not endorsing or morally
sanctioning prostitution or its use) and to create a framework that—
(a) safeguards the human rights of sex workers and protects them from exploitation:
(b) promotes the welfare and occupational health and safety of sex workers:
(c) is conducive to public health:
(d) prohibits the use in prostitution of persons under 18 years of age:
(e) implements certain other related reforms.

Irrespective of my own personal views on prostitution, it is cases such as these that persuade me that out of all options for dealing with it, I am pleased that what has become known as the New Zealand model was adopted here in 2003. Do any of my readers have an opinion on this?


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Politics – NZ style

“I hope that people, when they see us together, they realise that what they see about politics on the news isn’t actually the full story,” McAnulty added. “Chris and I are a good example of being on other sides of the House and having differing views, but it doesn’t stop you being people and it doesn’t stop you being mates.”

National’s Chris Bishop calls out Labour’s Kieran McAnulty over ‘big gas guzzler’ amid climate emergency


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Election fraud in NZ!

While the world watches in amusement (or alarm) at Trump’s ridiculous claims of fraud in the US presidential elections, it is ignoring a real and confirmed case of vote rigging that has just been uncovered right here in Aotearoa New Zealand. It has absolutely stunned the nation. What has happened to our notion of fair play and honesty?

How can we as a nation ever hold our heads up high and claim in all sincerity that we are the least corrupt nation on Earth?

The following video gives all the sordid details. Watch and be shocked!


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How to embarrass yourself…

Use the word twink in an online forum where you’re possibly the only Kiwi.


I discovered a new use (for me) of that term today, and it was definitely not what I had in mind. Here in Aotearoa New Zealand, Twink is the leading brand of correction fluid. It’s also become a generic term when referring to correction fluid in general. It’s used as a verb to name the action of correcting a (typing) mistake much the same way as hover is used in the UK to name the action of vacuuming.

New Zealand’s most popular brand of correction fluid


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Lessons from the Disunited States — Bill Peddie’s website

This thoughtful post by a Christian and fellow Kiwi reflect, I believe, the thinking of most reasonable people, not only in Aotearoa New Zealand but throughout much of the world.

The excruciating four year unfolding circus on the US political scene makes the New Zealand political scene seem very tame in comparison. Unfortunately, for good or ill, we are bound to the leading Western powers by historical ties of trade and defence. The mixed blessing of Vietnam and Iraq should still be relatively fresh in […]

Lessons from the Disunited States by Bill Peddie — Bill Peddie’s website


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Election outcome

If you haven’t already seen the preliminary results of the general election, the Labour Party (the senior partner in the previous 3-party government coalition) has won an outright victory, meaning they are able to form a government on their own. This is the first occasion over the last nine election cycles that a political party has been in this position.

To me, that is what is most disturbing about the election results – that one party can govern alone. One of the strengths (although some may call it a weakness) of the MMP voting system is that it’s rare for a single political party to gain an absolute majority within the legislature – in NZ’s case the Parliament.

Since the introduction of MMP either of the major political political parties (National or Labour) have had to negotiate support agreements with one or more minor parties in order to form a government.

After the 2017 general election, although National held the largest number of seats (56), it was unable to negotiate a coalition, whereas Labour (with only 46 seats) succeeded in negotiating separate agreements with each of NZ First (9 seats) and the Greens (8 seats) giving them a working government majority of six seats.

I’m hoping that the new government does include at least one minor party, even though it’s not necessary to govern. Jacinda Ardern has indicated that she wants the new government to be inclusive, and one way of ensuring minority voices are heard is to include them in the corridors of power.

As an aside, Aotearoa New Zealand continues to increase the diversity of its legislature. Both Labour and the Greens have more women than men in their caucuses. Both National and Labour have women leaders, while the Greens and the Māori Party each have a male and female co-leader. According to one political analyst, 10% of the new Parliament will now be from the LGBT+ community. And as in the previous Parliament, Māori will have a higher proportional representation in Parliament than they do in the general population. Unfortunately, neurodiversity is not only under represented, it’s not represented at all. I’d like to see this change during my lifetime, but I’m not holding out strong hopes.

I am thankful that American style politics has not won over the more empathetic and conciliatory style seen here. At what is perhaps a a oblique barb at the US elections, Jacinda had this to say:

We are living in an increasingly polarised world. A place where more and more people have lost the ability to see one another’s point of view. I hope [at] this election, that New Zealand has shown, that this is not who we are – that as a nation we can listen, and we can debate. Afterall we are too small to lose sight of other people’s’ perspectives. Elections aren’t always great at bringing people together, but they also don’t need to tear one another apart.


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Done it!

The wife and I visited a nearby voting place to cast our votes in the General election and referendum. In and out in less than five minutes. I really feel for those in other jurisdictions (and America immediately comes to mind at this time) where the ability to vote is frustrated by gerrymandering, partisanship and regulations making the voting process difficult for those who are not of the “correct” political persuasion.

Advance voting is available in the fortnight before Election Day. However, at previous elections the wife and I have always left it to Election Day to cast our votes (by law it must be on a Saturday). Even though the nation is in COVID-19 alert level one (no restrictions domestically, but international borders closed to non-residents), we decided it was prudent to visit a voting place mid-week when there’s likely to be no or minimal queueing.

When we arrived, there was just one other person in the “queue”, and as it turned out, he wasn’t on the electoral roll. It took about a minute to determine he was eligible to enroll and was directed to the appropriate desk to register. As the wife and I had remembered to bring our EasyVote cards with us, it was a 15 second procedure to confirm we were on the roll and we were handed our voting papers.

This evening, three major TV networks carried an article on the difficulty that voters in Texas, USA were experiencing. Apparently there’s only one voting drop-off facility per county for absentee voting, which seems totally ridiculous. The county referred to in the news item has a population of 4.7 million – almost the entire population of Aotearoa New Zealand. I assume an absentee vote is similar to what we refer to as a special vote, which can be done at every voting place.

During the early voting period there’s around one voting place per 2,500 eligible voters, while on Election Day there’s one per 1,300 eligible voters. The result is zero or minimal queues, unlike those regularly depicted in news items of American voters queuing for hours. I wonder what the ratio of voting places to electors is in the various US states?

I don’t know how common it is to have to wait in line for five or more hours, but the frequency at which it’s depicted on our TV screens would indicate it’s not uncommon. What does seem alarming is that this seems more common in states and counties where Republicans are in control. Has partisanship in the US caused the democratic process to sink to this level?

If America was ever a model of democracy worthy of emulation (which I seriously doubt), it most certainly no longer is. It does help explain why Aotearoa New Zealand is listed in the Democracy Index as one of only twenty-two nations having full democracy, while the United States is listed as one of fifty-three nations having a flawed democracy.

It’s understandable that the American elections take up almost as much news time as our own elections due the the influence America has on world affairs. But I wonder whether the fact that this nation is ranked first on the Corruption Perceptions Index while the US is ranked twenty-third (behind Uruguay and the United Arab Emirates) affects the slant given to American politics and politicians by our news services.

It’s almost a given that humorous scorn pertaining to Trump will find its way into the evening news most days of the week, and while we can laugh at the situation knowing it couldn’t happen here as our system doesn’t give so much power to one person, I wonder how many of us cringe knowing conspiracists and science deniers have a growing number of followers even in Aotearoa New Zealand.


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Day three of fifteen

Our general Elections are to be “officially” held on Saturday, 17th of October. Vote counting will commence after polling places close at 7:00 PM that day. However it has now become standard for voters to be able to vote early. We have been able to cast our vote since Saturday, hence, today being Monday, is day three of the the 15 day period during which we can cast our vote(s).

Although we have nowhere near the voter turnout that Australia has (voting is compulsory there), participation rates of 75% or greater are the norm here. And this year with greater promotion and availability of early voting, it’s likely that the turnout this year will be up on the 2017 elections.

One anomaly that early voting has revealed is the regulation that bans political advertising of any sort on polling day. This necessitates the removing of billboards, party banners etc before midnight on the day before polling day. Considering that voting now extends over two weeks and it’s expected that around 60% of all votes will be cast before polling day, either all political advertising needs to be banned for the entire time the polls are open or the advertising ban needs to be done away with entirely. But banning advertising on only the final day of polling is ludicrous in my view.

On a lighter note, here’s a (highly selective) comparison of last week’s leaders’ debates in NZ and the US. Apart from the obvious gender differences, our political leaders think more highly of each other than do American leaders.

A contrast of styles