Judith Collins - Asshole of the Week

It should be taken with a grain of salt when right wing political commentators claim that Judith Collins could be a Prime Minister. She clearly doesn’t have the charisma or ability to lead the National party or the country for that matter.

But what makes Judith Collins so unsuitable to represent New Zealand isn’t just her obvious lack of attributes such as decency and morality; it’s her continued dishonesty about important things like the Pike River disaster.

On the 19th June, Newshub reported:

Judith Collins doesn't want to talk about Pike 'inferno'

"I was then Minister of Police. I know about the infernos that were there and I know what happened. And I can tell you, it's just a terrible mess," she said.

…

But that image is in stark contrast to footage revealed by Newshub last night from inside the deepest part of the mine, which shows no sign of an inferno.

Clearly the National party has undertaken a cover-up of what really occurred at Pike River.

On Thursday, World Socialist Web Site reported:

New Zealand: Police suppressed images of bodies in Pike River mine

The latest footage shows that the interior of the mine after the explosion was not what the families and the public were led to believe. Last December cabinet minister Judith Collins, who was the police minister at the time of the explosion, told TV3 there could be no manned re-entry because “infernos” had made the mine “a terrible mess.”

Prime Minister Bill English attempted to dismiss the latest footage as “nothing new,” saying the Royal Commission had examined it. He told Newshub “the implication that somehow there’s been a cover-up is complete nonsense.”

In fact, the government and police have worked to prevent any real investigation into the disaster and to shield Pike River Coal’s management and owners from prosecution. A Royal Commission in 2012 found that the mine had violated numerous safety regulations in order to reduce costs. It had inadequate methane gas monitoring, poor ventilation and no emergency exit.

Despite Collins being shown up as a complete liar over the Pike River disaster, she still had the gall to go on the attack and make yet more untruthful claims about a Labour led government.

Yesterday, Newshub reported:

Strikes every Xmas under Labour, claims Judith Collins

New Zealand would be back in the 1970s with ferry and airline strikes every Christmas if Labour's employment relations policy is implemented, says Cabinet minister Judith Collins.

"It's just payback to the unions for putting Andrew Little in there, it's completely insane behaviour," she said on Newshub's The AM Show on Friday.

"It would be back to the old Federation of Labour days when every Christmas the ferries would go on strike and the airlines would go on strike."

What a load of bullshit! Obviously New Zealand’s biggest strikes happened when a National led government was in power. Perhaps the medication Collins is currently on or her unrepentant political bias has caused her to forget history… so let’s jog her foggy memory.

Remember when Judith Collins leaked the private information of ACC claimant Bronwyn Pullar in order to defame her? Remember her Ministerial bias against David Bain receiving compensation and her defaming Judge Ian Binnie?

Remember how Collins tried to cover-up the fact that the Police were reporting incorrect statistics to make hundreds of burglaries just disappear? Remember when Collins lied about the amount of Police leaving the force? Remember when Collins tried to make taxpayer's pay for her own private prosecutions?  Remember when Collins actively participated in a campaign to undermine the Director of the Serious Fraud Office? Remember when she had to resign her Ministerial position?

Remember when Judith Collins provided information to her fan boy Cameron Slater in order to defame public servant Simon Pleasants, claiming that he was the leak of information about Finance Minister Bill English double dipping on his accommodation allowance?

Remember when Collins used her ministerial position to benefit her husband's business interests and used taxpayer dollars to lobby for him while on a trip in China? Remember how Collins allowed a loophole in the legislation so that tens of thousands of tons of swamp Kauri can be looted from New Zealand and sold in China by Kauri Ruakaka Ltd, another company her husband Wong-Tung is a director of. Remember how Collins used her ministerial position to help Oravida, a company her husband is a director of, to bypass border requirements in what was a clear conflict of interest?

No wonder she has been dubbed the 'minister of corruption'.

These are just a few of the scandals Judith Collins has been involved in. She is therefore clearly unfit to be in office and an asshole of the first order who deserves more than most to win this week’s Asshole Award.

Police OK with corporate manslaughter

Today, the Police reported:

Police has concluded its investigation into the explosion at the Pike River Mine which occurred on Friday 19 November 2010.

The investigation began on the day following the explosion with the aim of assessing criminal liability that could be attributed to any individual.

After a complex and lengthy inquiry, and consideration of all the information available, police has determined that no charges will be laid against any individual involved in the management of Pike River Coal prior to the explosion.

I find this hard to accept, being that there were multiple safety issues that went unaddressed by Pike River management despite being brought to their attention long before the first explosion occurred. This is something that the Police even acknowledge themselves:

There is general acceptance and ample evidence that there were widespread departures from accepted standards of mine operations. However police has determined that there is insufficient evidence to support the laying of manslaughter charges. The lack of any causative link to the specific events which led to the explosion means a manslaughter prosecution of any individual does not meet the standard of evidential sufficiency.

If a company ignores the rules to make a quick buck and their unacceptable disregard for safety leads to people dying, they should be prosecuted to the full extent of the law. There is no middle ground here, with this being a clear-cut case of criminal-negligence manslaughter.

If there is no appropriate punishment for such a preventable disaster, how exactly do the Police expect there to be an increase in safety across the entire industry? They are effectively disregarding their most important directive, to protect people from harm.

With voluntary measures that are costly to implement and a lack of incentive to make the necessary changes, we're likely to see another Pike River disaster in the not too distant future...especially when the responsible parties effectively get off scot-free. These buggers aren't even going to pay any reparation to the deceased miners families, which is an absolutely despicable result the responsible parties should feel highly ashamed about.

An apology is not enough

Today, the NZ Herald reported:

Upset families of the 29 men killed at Pike River "cannot accept" findings of a report that absolves government employees of any blame for the 2010 tragedy.

Despite "systemic failures" and "inactions" that contributed to the Pike River Mine disaster, no one at the old Department of Labour or Ministry of Economic Development will be held accountable, families of the workers were told last night.

The report was highly critical of both departments and prompted an apology to the families - but their spokesman, Bernie Monk, called it hollow and said there should be accountability.

If there were systemic failures at the Department of Labour and the Ministry of Economic Development that has led to the deaths of 29 people, somebody should be held to account and prosecuted in accordance with the law.

The families were also shown footage from a camera put down the mine last Friday, and told a report would be presented to the mine's owners, Solid Energy, by the end of next month addressing how the bodies might be recovered.

Clearly recovery needs to occur to give the families closure.

It's been two and a half years since the Pike River mining disaster occurred, which in my opinion is more than enough time to have recovered the 29 miners. That's two and a half years since there's been any explosion at the mine, which makes me wonder if there are other reasons apart from safety for not going back into Pike River?

Waiting around for yet another report is simply wasting more time.

But what really gets my goat about all this is that the recovery of the 2degrees chief executive and his wife, Eric and Kathy Hertz, after they crashed their Beechcraft Baron aircraft into the Tasman sea happened over night. That was also a dangerous undertaking at the taxpayers’ considerable expense.

I wouldn't like to think that there’s one rule for the rich businessman and another for the poor worker even in death... But by all appearances, that seems to be the case.

The blame lies with National

The Royal Commission on the Pike River Coal Mine Tragedy has released its findings today, and the Minister of Labour, Kate Wilkinson has resigned from one of her portfolios.

The right wing are claiming that she resigned because it's the honorable thing to do, and there's no actual wrong-doing on the part of the government.

This is of course complete rubbish, and one only has to read the Commissions Conclusion on the inspection of mine records to see they're full of it.

Here's the Commissions conclusion into the regulation of Pike River Mine:

• The inspectors obtained only limited snapshots of the mine's physical systems during inspections, and possessed insufficient information to make an informed judgement concerning the level of compliance at Pike River.

• It was also essential to conduct targeted audits of the documented mine system and operational information, but the inspectors had no system, training or time to undertake this work.

• Nonetheless, the inspectors assumed that the mine was compliant and indeed that Pike was a 'best practice’ company.

• The Inspectors used only negotiated agreements and then did not always record agreed actions in accordance with DOL’s operating procedures; nor did agreements stipulate a date for the performance of such actions.

• If the inspectors had properly understood the level of compliance at the mine, they would not have used only negotiated agreements but a range of compliance/enforcement options.

• The inspectors found the requirement that employers use 'all practicable steps' to comply with their obligations under Regulations 23 and 28 of the Health and Safety in Employment (Mining – Underground) Regulations 1999 difficult to interpret, and feared that any compliance action could result in a successful court challenge.

• The provision of a second egress from the mine was so serious as to require the issue of a prohibition notice.

81. These conclusions should be viewed in the context of the environment within which the inspectors were forced to operate. In an answer under cross-examination Mr Poynter said, ‘We were dysfunctional in that we reported to separate managers. We had one advisor who had no coal background, although he was technically very good … and there was no co-ordinated approach even … we weren’t resourced and we weren’t particularly well set up to be able to provide the service that we were expected to provide.’ 90 The commission agrees with these comments, and emphasises the need to consider this section alongside Chapter 22, ‘The decline of the mining inspectorate’.

82. The above conclusions represent an assessment of the DOL’s actual oversight of the mine. Another question is whether a well led and operationally competent regulator would have acted more decisively at Pike River. The commission considers it is probable that an effective regulator would have issued a prohibition notice when Pike commenced hydro mining in September 2010 without a usable second outlet (egress) from the mine. The notice would have stopped hydro mining until the planned second intake (to double as a walkout egress) was developed and importantly would have provided the opportunity for the development of improved ventilation and methane control within the mine.

So Nationals funding cuts ensured the inspectorate couldn't undertake its job properly, and with a proper regulator, the disaster might not have occurred. No wonder Kate Wilkinson has resigned from the position then. In my opinion, she should also resign as a Minister.

Being that Gerry Brownlee as the previous Minister of Labour reduced funding for the DOL, he should resign as well. Brownlee after all ensured that the DOL couldn't undertake its responsibilities properly. But as usual nobody will be held to account, because National has no standards... In fact they're a sham of a political party.

Another broken promise

Today, the National party reported:

The Government welcomes the confirmation today of the conditional sale of the Pike River Coal Mine assets to Solid Energy, the Minister of Energy and Resources, Phil Heatley, said tonight.

“The sale, conditional on a number of mostly procedural matters including transfer of the mining permit, is a positive step towards determining the future of resource development at the mine,” he said.

“The Government’s expectations on body recovery haven’t changed. Solid Energy will be expected to take all reasonable steps to recover the remains of the men in the Pike River mine in conjunction with any commercial mining at Pike River in future, provided such an operation is safe, technically feasible and financially credible.

Well there seems to be a number of excuses for not recovering the bodies of the 29 men who died in the November 2010 mining disaster. There is also a question as to what exactly financially credible actually means?

It's not until you read the agreement between Solid Energy and National (PDF) that you learn the miners bodies will only be recovered if the mine is reopened, which may not occur for several or more years if at all. Financially credible refers to the mining operation being profitable enough to bother reopening it.

The Government acknowledges that if mining operations do not proceed, whether for safety, technical feasibility or commercial reasons, it is highly unlikely that the men's remains would be recovered.

John Key had promised the families of the deceased miners that the government would do all it takes to recover the bodies and money was no object. Todays announcement breaks that assurance and makes John Key's words mean nothing.

Doug White - Asshole of the Week

There really is a lot of people deserving this weeks Asshole award.

From Lockwood Smiths' discrimination against Mojo Mathers, mining magnate Gina Rinehart's bid to buy up Fairfax to better promote climate change denial, new revelations about the RadioLive DJ Key debacle and a Police witness refusing to answer questions in the Urewera 4 trial all likely candidates... and we're only half way through the week FFS!

However the deciding factor has to be the hurt caused to the families of those killed in the Pike River mine explosions, in no small way caused by the mismanagement of one Doug White.

Yesterday, the Otago Daily Times reported:

Angry Pike River Mine families have slammed the former mine manager for sending an email about a new job 17 minutes after the explosion that killed 29 men underground.

Doug White's emails caused an upset when revealed at the Royal Commission of Inquiry in Greymouth today.

[...]


Mr White was examined for hours about gas monitoring in the mine. He said some parts of the gas monitoring system were in place when he arrived at Pike River, and he assumed they were being run correctly.

Whenever gas levels spiked he always investigated, he said.

But the commission heard that when the vital sensor at top of the ventilation shaft was calibrated on November 4, it was wet and muddy, giving different readings than the one at the bottom.

Mr White said he was not aware of the discrepancy at the time, or that one sensor had `flatlined'.

Mine experts have said they think it did this after being exposed to methane greater than 5 per cent after the mine was gassed out one day.

At one stage a crucial sensor was not working for two and a half months.

"I would have expected them (problems) to be picked up during the calibration process at the very minimum. I would have expected that information to be passed on,'' Mr White said.

In fact, there appears to have been little calibration in the months before the disaster. When a fault was uncovered on one monitor, it was not replaced.

Why on earth Doug White would simply assume things were being run properly and that devices were operational instead of having things properly checked, I will never know.

There is the aspect that White inherited many problems at the mine and that some issues were not passed onto him (all of which a proper governmental inspectorate would have resolved), but this is simply further evidence of Whites lack of managerial skills and ability to address the mines problems.

Even if we give him the benefit of the doubt that he didn't know the mine had exploded as he applied for another job, the overall mismanagement of Pike River mine is highly despicable!

There were claims that sensors were intentionally switched off, which at the time I dismissed because the thought of this happening was to horrible to contemplate. However in light of this new information, it appears that sensors were intentionally decommissioned so that work did not have to stop due to excessive gas build-up.

It's not as if gas monitoring devices are all that expensive these days either. Many even calibrate themselves automatically. As well as the badly maintained and in some cases inoperable gas sensors, the mines air circulation system was badly designed and did not work properly, meaning potentially explosive gas build up was inevitable. Management knew this to be a problem well before the disaster occurred.

Doug White has refused to answer questions as to why the mine had no risk assessment process for explosions or high-consequence events and how he could assess whether the ventilation system was dealing with methane hazards with no gas sensors. What an asshole!

Pike River broken promises

It's been fourteen months since the Pike River Mine first exploded in November 2010, trapping 29 miners inside. Five days later and after the second explosion occurred, they were all presumed not to have survived.

Despite continued assurances that the government would do everything in its power to recover the deceased, they have remained entombed in the mine. To date, there's been very little progress to retrieve the 29 miners... so why the interminable delay?

Back in September 2011, TVNZ reported:

Key said his position on returning the miners to their loved ones has never changed. He said he promised from the outset that he would do everything he could to recover the bodies and that promise remains.

But he said the families fully understand the situation and realise that it would not be wise to put other lives at risk.

Key also told the families of the miners that he would discuss with Cabinet extending the funding of the families' legal team beyond the Royal Commission.

"I've always said if there aren't enough resources from Oil and Gas they can come talk to the Government, it's not an issue of money."

Unfortunately it is an issue of money. Instead of accepting some responsibility for the disaster, the government has allowed the receivers to make the retrieval of the miners a condition of the sale. This has assuredly meant a delay.

Back in July last year, Acting Minister of Energy and Resources, Hekia Parata welcomed the receivers’ decision:

The Government supports the approach being taken by the Pike River receivers to seek a commitment from any purchaser of the mine to take all reasonable steps to recover the miners’ bodies.

[...]

“The challenges faced at the Pike River mine are complex. We fully understand the desire of the West Coast community, and especially the immediate families of the miners, to have their bodies retrieved from the mine.

“We are seeking to proceed in a way that offers the best chance of recovering the miners’ bodies, and restoring to the West Coast a working mine at Pike River, if it is possible to do so.”

Clearly Parata does not understand the desire of the West Coast Community, because she supported the receivers decision that has ultimately delayed the retrieval process.

What we need to see is some real leadership on this issue, but instead all we seem to get is more broken promises:

Key said he will call the receivers personally to discuss a recovery plan but just who will implement it will not be known until there is a new owner for Pike River Mine.

The receivers say a decision could be several weeks away.

The families are hoping that promises made today will not be forgotten after November's election.

Several weeks away? Try several months, and perhaps several years. Yesterday, TVNZ reported:

Engineer Bruce McLean was commissioned by the families to write a report examining possible issues around reclaiming the mine tunnel and recovering the men's bodies.

His report concludes that if there is a successful sale of the mine, recovery of the bodies could be completed between July 2015 and June 2017, dependent on a number of factors, including completion of a new shaft to establish ventilation in the mine.

His estimated time frames include conditions attached to the sale, such as potential Oversees Investment Office approval, transfer of permits, and agreeing on recovery obligations.

[...]

New Zealand Oil and Gas (NZOG), which held significant shareholdings in Pike River, recently acknowledged that the mine may not be able to be sold.

In such a case the role of the government would become 'critical' says Counsel for the families, Nicholas Davidson QC.

It's bad enough that the families and not the government commissioned the report, but it's totally unacceptable that a decision as to who will be responsible for the retrieval of the deceased miners hasn't even been made yet.

The government is clearly being remiss in its duties by allowing a financial and not moral decision to be made. John Key should not be disregarding the wishes of the miners families and the many thousands of other New Zealander's who want some closure on Pike River mine.

Having the retrieval dependent on the sale of Pike River when this might never occur is completely unacceptable.

In my opinion, people who make promises without any intention of keeping them are the lowest of the low... and in this case; such things are a cruelty on the affected families. Breaking promises is definitely not how a Prime Minister should be conducting himself.

Time to sue for Pike River

On the 25 November, TV3 reported MP may sue Labour Dept over Pike River

A West Coast-based MP is threatening to take a civil prosecution against the Department of Labour over its part in the Pike River mine disaster. 

Earlier this month, the department laid 25 charges against Pike River chief executive Peter Whittall, Pike River Coal and drilling company Valley Longwall International for breaches of the Health and Safety Act. 

But Green MP Kevin Hague told Radio New Zealand the department itself must be held to account. 

"Every day at the Royal Commission, we're hearing more and more evidence of practices that were unsafe and that ought to have been picked up, and we've heard about a pretty high level of dysfunction within the Department of Labour. 

"It's clear to me that our Department of Labour is not fit for purpose." 

He says it's likely any private prosecution would be against the department's chief executive. 

"If we're interested in preventing as many mine disasters as we can, the further up the chain we go, the better."

If you needed any further confirmation that a reduced inspectorate and lax oversight has increased the inherent dangers in mining, on the 30 November, the NZ Herald reported there was to be Two probes into Huntly mine scare:

A miner has alleged a Pike River-level disaster has been avoided at the Huntly East Coal Mine after a dangerous level of gas was detected. 

The worker, who did not want to be named to protect his job, told theWaikato Times explosive levels of gas were found while 40 men were working underground earlier this month. 

"It was a Pike River ready to go," he said. 

He described the mine as a "time bomb", and with methane levels at 5 per cent all that was needed was an ignition source for an explosion. 

The miner claimed there was a lack of experience among management, as experienced staff have left for Australia.

Firstly the Minister of Labour, Kate Wilkinson refused to accept there was a problem with mine safety because of a reduced inspectorate. Then she flip flopped and promised to increase the mining inspectorate. However two months on and there is still only one under-trained inspector for the entire country.

This is simply not good enough. Kate Wilkinson should do the proper thing and resign her portfolio.

The Pike River mining tragedy that claimed 29 lives was entirely preventable... if the National government hadn't decimated the mining inspectorate and reduced expenditure on proper safety measures.

Those who are responsible should be held to account. Legal action seems to be the only way to change the status quo to ensure mine safety is improved.

Who's liable for Pike River?

People who've been keeping up to date with the Pike River mine disaster would have heard that 25 charges have been laid by the Department of Labour against Pike River Coal Ltd (in receivership), former chief executive Peter Whittall and contractor Valley Longwall International.

However there are others equally responsible who should be held to account.

In 1992 National abolished mining check inspectors, workers with the authority to clear a mine if they considered it dangerous, and the mine inspectorate was dismantled in 1998.

Then in 2008 National ignored a Labour Department recommendation that check inspectors be restored in underground mines. This undoubtedly ensured a lack of mine safety at Pike River with disastrous results.

Yesterday, Radio NZ reported:

Appearing before Monday's hearing, Department of Labour health and safety inspector Michael Firmin admitted under questioning that he had no training in auditing an underground mine. 

He said there were only two underground inspectors, one of whom later left, and a contractor was doing some of the inspections for them. 

A report by Australian experts, led by Professor Neil Gunningham, had painted a positive view of the department and lawyers are expected to question those findings as the hearing proceeds over the week.

Clearly an inadequate regime of safety inspections by under trained inspectors increased the likelihood of the disaster occurring. A lack of escape equipment and procedures also meant the workers were unable to escape.

Back in August, the Minister of Labour, Kate Wilkinson said she would increase the mining inspectorate despite repeatedly denying there was a problem. There is still only one mining inspector with limited powers. This is simply not good enough.

Pike River Payout

On the 9th the Royal Commission of Inquiry into Pike River Mine heard from a trainer for mines rescue, Glen Stiles, who said that the equipment in the fresh air base contained nothing of use for somebody trying to escape.

Today we learn that the Police believe men could have survived the initial blast, and were waiting to be rescued around that air pocket.

But if all that wasn't bad enough, the New Zealand Herald reported today that Pike River Coal's receivers will get a big payout: 

The proposed settlement means the Pike River company's biggest shareholder, New Zealand Oil & Gas, will get about $38.3 million as a secured creditor and $3 million as an unsecured creditor. It had rights to more of the insurance payout but has agreed to a receiver's plan to pay $10.5 million to unsecured creditors.

NZOG's remaining debt would be reduced to $14.7 million secured and $12.1 million unsecured. Yesterday NZOG shares closed up 3c to 71c.

Secured creditor BNZ will receive $23.2m in full settlement and the owners of leased mine equipment, $6.3 million.

Under the early payment plan unsecured creditors will receive a part payment of the first $10,000 of their claim - or their full claim if it is less than $10,000 - and up to 20c in the dollar for any balance above that amount, up to a capped amount of $10.5 million.

All this despite Pike River Coal saying it was completely broke and couldn't even afford to have representation at the Royal Commission of Inquiry. In my opinion, the bank accounts of those investing in the dangerous mine are insignificant in comparison to facilitating the ability of the Royal Commission to undertake a proper and full inquiry into the disaster.

On the 5 April The Press reported:

Pike River Coal does not have the money to participate in the Royal Commission of Inquiry, the company's lawyer says. 

Stacey Shortall, lawyer for Pike River Coal in receivership, told the preliminary hearing in Greymouth the firm did not have financial resources to prepare legal documents or information for the inquiry.

Talk about rub salt into the wound... And where is the minister in charge on all this? Gerry Browlee's silence speaks volumes. Pike River Coal and its insurers have a moral obligation here. They are failing that obligation just like they failed to ensure safety at the mine. But what makes it all the more repugnant is what New Zealand Oil and Gas chief executive David Salisbury went on to say:

"Hopefully all of Pike River's creditors can receive full payment when the sale of the mine occurs. However, for the mine workers, contractors and suppliers this has been a very stressful time, emotionally and financially. We therefore support the receivers using some of the insurance payout to make a voluntary early payment now to all unsecured creditors."

PRC CEO Gordon Ward and Gerry Brownlee

If Salisbury gave a damn about the families of those killed at Pike River, he would make some of that insurance money available to them. He would also ensure that PRC facilitated the Royal Commission of Inquiry process, instead of the conceited take the money and run scenario we're currently seeing.

Peter Whittall - Asshole of the Week Award

Yesterday, the Pike River Mine inquiry revealed that Peter Whittall did not even attend a test evacuation to see if somebody could escape up the 100 metre-plus vertical ventilation shaft, which is the mines only means of escape other than the main 2.3km tunnel.

Whittall said he was on the road doing a shareholder briefing, showing exactly how highly Pike River Coal viewed the safety of it's workers.

No test run had been undertaken to see if an escape up the Alimak (ventilation shaft) was viable. Certainly no test run was ever done using a self-rescuer, which gives around 30-60 minutes of oxygen.

Users of the self-rescuers are not supposed to over-exert themselves making a climb up the escape shaft difficult. It was also revealed that the Alimak could not be used at all in the event of a fire. Apparently Whittall and fellow colleges joked about who would be able to get up the escape shaft a few months prior to the disaster.

It's no laughing matter now though... 29 men were killed and still lie entombed in the Pike River mine because they were not alerted to the danger and could not escape in time.

It's the companies responsibility to ensure gas monitoring and removal is adequate and proper escape routes are available and known through trial evacuations. Unfortunately trial evacuations were not held, presumably because it cost money.



Despite this, Whittall said:

“I think it shows that the company has taken every conceivable step and employed every available consultant to provide the best possible advice…I think the company from day one has always had safety at the forefront of its way of operating.”

If that had been the case, the disaster would not have occurred.

Such stupidity is nothing new on Whittall's part. While the victims' families and union representatives were told to sit in the audience at the memorial service, Pike River Coal executives were given pride of place next to the Prime Minister for yet another media opportunity.

When Whittall spoke at the memorial, he made no company apology to the families of the deceased. At one stage a church leader even referred to the explosion as an Act of God. In fact National and Pike River Coal used the situation for self promotion, and in light of their responsibility, such manipulation is unacceptable.

Yesterday signalled the end of the medias love affair with Peter Whittall, which was a baseless relationship built on public grief. It would also seem that National politicians are now going to distance themselves from the disaster as much as they can. Rats abandoning a sinking ship in other words.

There is no longer any positive effect from John Key and his flunkeys taking the public platform when they're equally as liable.

In light of Peter Whittall's decision to cut corners to get the coal out of the hole faster than was planned, to the detriment of a second emergency egress, is it any wonder he's an Asshole Award winner?

Deregulating for Disaster

Former chief inspector of coal mines Robin Hughes, with over 40 years of coal mining experience gave evidence yesterday at the Royal Commission of Inquiry concerning the Pike River mine disaster.

He said mine safety changes made by the National Government in the 1990's was the underlying cause for the disaster that occurred 19 November 2010 and claimed 29 lives.

Health and safety should be paramount at any modern mine. The fact that it was not and this led to an increased likelihood of danger, is totally unacceptable. Not only did National repeal the Coal Mining Act and regulations in 1993, they dismantled the inspectorate further in 1998 and then halted a review of mine safety in 2009.

Even after Damien O’Connor in May 2010 raised mine safety issues with Kate Wilkinson, National did not reopen the review on mine safety. Although the Minister of Labour is ultimately responsible for the mismanagement, the buck in my opinion stops with Gerry Brownlee.

On June 30th 2009 Brownlee made a speech at the Inaugural Coal Seam Gas Industry Briefing in which he stated:

Also on the West Coast, Pike River Coal is carrying out exploration work on the coal seam gas potential at its West Coast mine, and has indicated it could potentially look at establishing small-scale on-site electricity generation. 

Coal Seam Gas refers to methane adsorbed into the solid matrix of the coal. It is often called 'sweet gas' because of its lack of hydrogen sulfide. The presence of CSG is well known because it's a dangerous occurrence in underground coal mining, where it presents a serious safety risk.

Not once in the entire speech did Gerry Brownlee mention safety. The fact that CSG is the most likely combustible material in the explosion, and it is inherently dangerous, doesn't even register. The Minster of Energy and Resources is too busy promoting the mining industry to give a second thought to the dangers surrounding CSG.

At the time the disaster occurred, there was only one inspector for the entire South Island. Deregulation therefore appears to be instrumental in the Pike River mine disaster. Mining requires competent and well equipped inspectors, that should not be subject to meddling bureaucrats. The fact that the 29 minors might not have died if proper safety management was in place, and it was purposefully removed by the Government, makes National culpable for those deaths.

A check inspector is an elected, experienced, qualified and trained miner who can immediately order the withdrawal of workers from a mine or part of the mine believed to be dangerous to life or injurious to health (as determined by the inspector), or order immediate discontinuance of any dangerous practice, or order evacuation of the mine in emergency situations.

National's obsession with cutting "red tape" and budget restrictions has clearly led to the Pike River mining disaster. I would surmise that there will eventually be a resignation concerning National's culpability in the matter. My money's on Kate Wilkinson, although Gerry Brownlee seems equally responsible.

Why is National waiting until the Royal Commission has finished its work? The Government should move immediately to increase mining safety. It would also be beneficial to see a respectful resignation before the issue is forced.

The Politics of Misery

Yesterday it was reported that the Pike River Coal receivers cannot make recovering bodies a condition of the Pike River mines sale.

Apparently they cannot force potential buyers to carry out the recovery without a guarantee the operation would be safe and feasible.

If it wasn't achievable, why was it started in the first place I wonder? National's Acting Minister of Energy and Resources, Hekia Parata then contradicted the receiver's statement.

She said the Government supports the approach being taken by the Pike River receivers to seek a commitment from any purchaser of the mine to take all reasonable steps to recover the miners’ bodies.

“The Government welcomes the receivers' clear expectation that any purchaser would commit to recover the bodies of the miners, provided it is reasonably possible to do so, and subject always to safety considerations. As such, the Government would expect to see any application to transfer the mining permit to be subject to a suitable commitment from the purchaser.

"Applications to transfer mining permits are considered by me under section 41 of the Crown Minerals Act," Parata said.

As always the devil is in the detail. The permit according to Parata was not cancelled when Pike River Coal went into liquidation. Here's the section of the Crown Mineral's Act 1993 that applies where the permit remains in effect:


Rights to prospect, explore, mine


(1) Subject to section 8, the holder of a current prospecting permit shall have a right to prospect for the mineral, in the land, and on the conditions, stated in the permit, whether the mineral is owned by the Crown or privately owned.



(2) Subject to section 8, the holder of a current exploration permit shall have the rights of a holder of a current prospecting permit and, in addition, a right to explore for the mineral, in the land, and on the conditions, stated in the permit.



(3) Subject to section 8 and subsections (4) and (5), the holder of a mining permit shall have the rights of a holder of a current exploration permit and, in addition, a right to mine the mineral, in the land, and on the conditions, stated in the permit.


Here's the section that grants certain power's if the permit is to be transfered:

Transfers and other dealings with permits   

(1) In this section—
agreement includes a contract or deed and an arrangement; but does not include an access arrangement

. Transfer includes assign.




(2) No permit holder or any other person shall enter into an agreement (except by way of mortgage or other charge only) which -  

(a) transfers a permit; or 

(b) creates any interest in or affecting any existing or future permit; or

(c) transfers or otherwise deals, either directly or indirectly, with any interest in or affecting any existing or future permit; or

(d) imposes any obligation on the permit holder which relates to or affects the production of minerals from the land to which the permit relates or the proceeds of such production    

• unless the agreement is entered into subject to the consent of the Minister and an application for such consent is made within 3 months after the date of the agreement.



(3) The Minister shall consent to an agreement of the kind referred to in subsection (2), on such conditions as he or she thinks fit, unless in his or her opinion special circumstances exist. Before making a decision in respect of any such agreement, the Minister may require the production of such information relating to the agreement as the Minister considers necessary or desirable.

(4) An agreement which is subject to the consent of the Minister under this section shall not have any effect unless application for the Minister's consent is made in accordance with subsection (2) and the Minister consents to the agreement.

(5) All conditions of the Minister's consent under this section shall, for the purposes of this Part, be deemed to be conditions of the permit concerned.


(6) Subject to the conditions of the permit and of the agreement which transfers the permit and to the conditions of the Minister's consent under this section, on the transfer of a permit in accordance with this section, the transferor shall cease to have any rights or obligations under the permit, except in respect of any contravention of the conditions of the permit that occurred before the date of the transfer.



(7) [Repealed]



(8) A transfer or lease of a permit shall not have any force or effect until a notice, in the prescribed form, of the transfer or lease has been lodged with the Secretary and the Minister has consented to the transfer or lease.


It appears that there's no provision given to the National Government under certain circumstances to insist that the deceased are recovered. It also appears that the permit might not be able to be transferred at all.

With the receiver's not able to ensure that the recovery is a condition of the sale, this is all starting to look like a PR exercise by the moronic National Party.

It would also seem like a process whereby open cast mining is the desired outcome. If this is National's plan, such politicking on peoples misery is entirely unacceptable. Hekia Parata ends her media release with:

“We are seeking to proceed in a way that offers the best chance of recovering the miners’ bodies, and restoring to the West Coast a working mine at Pike River, if it is possible to do so,” she said.

It is possible to opencast the Pike River mine, but this would in most circumstances mean that the 29 deceased will not be recovered.

It would also mean the National Party will break yet another promise, which by current form doesn't seem to concern them much at all.

In my opinion, National is partly responsible for the accident because they reduced safety inspections and removed safety requirements that may well have ensured that the disaster did not occur. It will be interesting to see what the Royal Commission of Inquiry finds in this regard.

In the mean time, it's really a question of does the National Government want the deceased returned to their families, or do they want to open cast Pike River mine? I do not share the the Spokesman for the 29 deceased miners families, Bernie Monk's optimism when he said:

"I'm confident the Government will support us."

The answer will be determined by those who are partly responsible for the disaster because they placed money above safety in the first place, which does not bode well for a suitable outcome.

Who Pays for Pike River?

I think I speak for all of New Zealand when I say our hearts go out to the families of those killed in the Pike River mine disaster.

Not only have the families of the deceased had to wait an incessant amount of time for the recovery process to begin, it now appears that it's been financially mismanaged, and will stall because of a lack foresight by the receivers to set aside enough money to complete the task.

This is also a failure by the National Government, which has compounded the problem by not properly administering the process to achieve what is required. National was clearly unready and unfit to meet the challenges of Governing New Zealand through some major disasters. Unfortunately their continued negligence will cost this country dearly, and not just financially.

The Pike River Coal receivers said today that $1 million had been set aside for the recovery operation, which would be enough to take the teams as far as the rock fall 2km inside the mine but not far enough to recover the bodies. They said it would be up to the mine's buyers to fund the recovery of the bodies. However an announcement of any buyer for the Pike River mine has not been made, leaving the question as to when the recovery will be completed open to speculation.

It's now been over seven months since the mining disaster of November 19th 2010. The initial emergency response was fraught with problems because of a lack of proper equipment and recovery procedures.

This is on top of knowledge that it took nearly an hour before emergency services were alerted, and 14 hours to contact the families after the initial explosion. In my opinion the entire process has been bungled from the outset.

It was National that removed safety policies and regulations soon after becoming Government in 2008, which decreased the number of qualified mines inspectors dramatically. There was only one mining safety inspector operating in the South Island at the time of the Pike River explosion because of their cost cutting measures.

This may well have contributed to the disaster, giving credence to the claim that the National Party is liable. However it is ultimately Pike River Coal, which has been in receivership since late last year that should pay for the recovery operation.

New Zealand Oil & Gas holds a 29% shareholding in Pike River Coal, totalling $142 million. So there's obviously enough money available to recover those killed in the Pike River mine disaster, it's just being allocated incorrectly. The priority is to recover the deceased, so that the families can undertake funeral services for their loved ones.

Whether the Government or NZOG provides the recovery funds is inconsequential to that priority. However it is my opinion that those who enabled the disaster should be made to pay for the recovery process. Money is clearly not the most important thing here.



There's no question in my mind that the cost should be met by the the former managers of Pike River Coal. After employing top defense lawyers to fight accusations they were to blame for the deaths of the 29 men who died inside the dangerous mine, Pike River Coal management then claimed they could not attend the Royal Commission of Inquiry hearings because of a lack of funds. It's a similar hypocritical duplicity often seen from the National Party.

John Key recently told an Australian newspaper that the single entry up hill Pike River mine:

"Couldn't have been constructed in Australia, because it would have been illegal.”

This contradicts what the Prime minister previously said when he condemned people for questioning mining safety. John Key accused a union representative of being:

"churlish and insensitive," and "It was 'dangerous' to raise concerns about safety issues when the Royal Commission of Inquiry was still underway."

A Royal Commission of Inquiry is currently still investigating the disaster at the West Coast mine, and is looking into safety and responsibility. It will report its findings by March 2012. The Commission has already drawn criticism though, being that the National government refused to allow any Union representation.

The pressing priority is to return the deceased to their families and then to ensure that there are improvements to mine construction and safety standards. This can be achieved prior to the Commissions report. We need to learn from this disaster; National and the Mining industry should now understand that cutting corners costs much more in the long run. What price to place on human misery after all?

The week that was - 22 to 29 April

Last Friday, 11 brave activists occupied the world's second largest oil rig, the Leiv Eiriksson, which was en route from Turkey to Greenland to begin drilling in Arctic waters.  The Greenpeace protestors made their way to a gangway 80ft over the massive vessel's starboard stern and called for an end to reckless deepwater drilling.

Twelve hours after boarding the Leiv Eiriksson, the 11 activists were forced down by a gale as the vessel entered Greek waters. No arrests were made. Activists are now expected to dog the progress of the slow-moving Leiv Eiriksson as it passes Greece, Italy, France and Spain on its passage through the Mediterranean and into the Atlantic. It is scheduled to stop in Britain to pick up supplies before the last leg of its journey to Greenland in June.

In New Zealand, the Noble Discoverer, an oil and gas drilling ship working in the Maui gas field near Taranaki broke its moorings as a result of bad weather on Wednesday. Shell Todd Oil Services general manager Rob Jager says some of the ship's anchor-lines failed during a storm and it had to find shelter in deeper water. There are no reports of an oil spill from the accident.

On Saturday one of the vessels in the deep sea oil protest flotilla was boarded by Police with the help of Navy personnel and the skipper, Elvis Teddy was arrested. He has been charged under Section 65.1.A.a of the Maritime Safety Act. Elvis appears in court at 8.30am today in Tauranga. The other flotilla boats have entered Tauranga harbour to support their fellow skipper for his appearance in court.  An invitation was made for all supporters in the Bay of Plenty and elsewhere to stand beside Elvis Teddy and show appreciation of his bravery in defence of our treasured oceans from the dangers of deep sea oil drilling. Support for the protesters has been extensive and wide ranging.

"The sea is big enough for all of us, certainly an oil ship can make room for a man fishing for his family." - Michael Franti.

Late on Tuesday night, an inside source gave people on the East Coast a heads up that the Police were mobilising to hit Apanui with raids like the Tuhoe Anti Terrorism raids in 2007. Te Whanau a Apanui have been protesting alongside Greenpeace and other organisations to oppose offshore oil exploration by Petrobras.


If undertaken, such raids would bring the Police and Government into further disrepute, being that the premise for their execution would be to suppress legitimate protest. The botched 2007 raids on 60 houses across the country, flimsy charges and subsequent delaying by the police through various legal processes for nearly 4 years have led many to question the legitimacy of the crowns case. The element of surprise being lost could have caused the Police to call off any further unjustifiable raids.



On the 25th, the bodies of Jorge Grando, the former head of the environmental protection agency for the city of Pinhais in southern Brazil, and four others were found inside a house in Sao Paulo Brazil, shot dead execution style. Their hands were tied behind their backs and each had several bullet wounds in their heads. This and other recent killings of environmental activists in Brazil has caused human rights groups to demand answers of those implicated in the murders.

Despite repeated assurances by John Key that the New Zealand's elite Special Air Service (SAS) was deployed into Afganistan in a “training and mentoring” role only, it has been reported that the SAS conducted a revenge attack against those responsible for the death of Lt. Timothy O’Donnell. Despite strong evidence, the Defence Minister Wayne Mapp denies the action taken by the SAS in Afghanistan was a revenge attack, stating:

"I'm clearly accepting that we undertook a mission, and it was to protect our people," Wayne Mapp said.

The SAS had apparently been deployed to Afghanistan to help the Afghan Army counter-terrorism Crisis Response Unit (CRU) based in Kabul and would not be engaged in combat operations. In 2009 John Key stated that the SAS would not lead any raids as part of its mentoring role, but would some times accompany Afghan troops into battle when needed. Yet the raid against Lt. O’Donnell’s killers was led by the SAS in conjunction with US troops and air cover, with only a supporting role delegated to Afghan Army units.This again questions the honesty of John Key and raises concerns about New Zealand's involvement in Americas war for oil.

US Soldiers pose with unarmed Gul Mudin who they've just murdered in Afghanistan.

Investigative journalist Jon Stephenson has revealed that the SAS transferred prisoners to the Afghan National Directorate of Security, an organisation well known to engage in torture. Those transfers violated both the Convention Against Torture and the Geneva Conventions and such action makes the SAS guilty of human rights abuses. National has deployed more troops to US Wars in the last two years than any New Zealand government since Vietnam with most of them being sent in secret. The Green Party has called for an independent inquiry to establish the facts and make sure the SAS is obeying International Law. John Key after saying there would be a greater openness in SAS deployment, on Tuesday said he had seen no evidence to support the need for an inquiry into a claim that SAS soldiers were handing over prisoners to Afghanistan authorities.

A New Zealand patrol was attacked with a home made bomb in Afghanistan on Friday, the Defence Force says. There were no reports of injuries.

In a shock announcement, the National Government has said that 45 Woman’s Refuge's will loose $382,200 from their national contract and just over $300,000 in contracts held by some refuges for family violence co-ordinator and child advocate jobs. Women's refuges say some women fleeing from violence may no longer be able to get a safe bed after a surprise Government policy change chopped $700,000 off their funding. A Family and Community Services spokeswoman said the $382,200 cut for Women's Refuge's national contract came out of the family violence education fund. However the Women's Refuge Chief Executive, Ms Heather Henare said it was coming out of funding for women and children needing safe accommodation for up to six days.

"We currently get paid $520 per client for just over 3000 [short-stay] clients, spread amongst the 45 refuges. Take $382,200 out and that reduces to $251. We have to make a decision as to whether we can actually provide that service any more" she said.

There is growing pressure for recovery teams to go into the Pike River coal mine following a statement that an image taken from a scanner could be that of a body. Police have confirmed that, in the opinion of a senior forensic pathologist, a video image recovered from the Pike River mine is very highly likely to be that of a fully clothed person lying face down.

Pak'n Save Mill St owner Glenn Miller said more than 20 people went through his unmanned store between 8am and 9.30am on Good Friday after a computer glitch caused the lights to switch on and the doors open. Many people have subsequently paid after seeing themselves on security footage.

Gales, a mini-tornado and rain wreaked havoc in the North Island, toppling trees, ripping roofs from buildings and causing a widespread power cut in Taupo. The torrential rain caused slips that closed roads across Waikato and Bay of Plenty. Te Awamutu felt the full brunt, and residents told of a "mini tornado" that ripped up 20 trees in one street. A state of local emergency was declared for the Central Hawke's Bay District due to the severe flooding over the past two days in the region with many roads closed and people isolated. More than 10,000 homes in the Taupo region were without power yesterday after strong winds blew a corrugated iron roof into a substation and toppled more than 40 trees on to power lines.

Powerful storms in the southern United States this week have caused the Governors in Alabama, Arkansas and Tennessee to declare state of emergencies and in Mississippi severe weather damaged homes, downed trees and power lines and sparked flash floods. In Alabama, strong winds snapped trees across power lines, roads and buildings early on Wednesday, leaving around 245,000 households and businesses without power. More than 201 people have died as a result with more deaths expected. Floods remain a big concern in several states, where rain and melted snow have caused rising rivers and saturated soils. Two weeks ago, at least 47 people also died as storms tore a wide path from Oklahoma to North Carolina.

The SETI Institute is to shut down alien-seeking radio dishes because of a lack of money to pay its operating expenses. Mountain View's SETI Institute has pulled the plug on the renowned Allen Telescope Array, a field of radio dishes that scan the skies for signals from extraterrestrial civilizations.

Around 77 million people with Sony Electronics PlayStation Network accounts, could have had their names, addresses and other personal data including credit card details stolen. Sony’s PlayStation online service has been down for just over a week. Sony said it saw no evidence that credit card numbers were stolen, but warned users that it could not rule out the possibility. Anonymous has denied responsibility for the hack.

“Out of an abundance of caution, we are advising you that your credit card number (excluding security code) and expiration date may have been obtained,” Sony said.

A couple of weeks ago, two data scientists revealed that an unprotected file stored on iPhones and iPads running Apple’s latest mobile operating system, iOS4 was keeping a history of location data dating back 10 months. This file features latitude and longitude coordinates and a time stamp. The Wall Street Journal has discovered that the devices continue to store location data, even when location services are switched off. The scientists, Warden and Allen also found the file on machines that users have synched with their mobile devices. This was not intentional according to Apple, which said on Wednesday that your iPhone isn’t stalking you and that some of its intrusive location-gathering techniques are the result of bugs that will be fixed soon. Mac Rumors obtained what it says is an email from Apple, claiming:

"We don't track anyone. The info circulating around is false" CEO Steve Jobs said.

Two customers have already filed a lawsuit against Apple, accusing the company of violating computer fraud laws by secretly recording location data of iPhone and iPad users. Apple admits in the Q&A statement that the file should not be storing so much data dating as far back as a year ago, and it should not be storing location data even after location services are turned off. The company said an upcoming, free software update would fix both these issues, plus, it would encrypt the database file.

A threat by internet activist group Anonymous to shut down Parliament’s websites is being taken seriously, says Parliamentary Services. The “denial of service” threat is part of a protest against a change to copyright laws aimed at preventing illegal file sharing by internet users. Parliamentary Services general manager Geoff Thorn told NZPA the threat was being taken “seriously” and staff were monitoring the situation. There was a report on Thursday that the Parliamentary website was intermittently down.

The Copyright (Infringing File Sharing) Amendment Bill allows copyright owners to send evidence of alleged infringements to internet service providers (ISPs), who will then send up to three infringement notices to the account holder. The bill was passed under urgency earlier this month.