Two a penny

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An Afghan refugee, who failed in his appeal to have a police search of his home declared unlawful, is likely to take his case to the country’s highest court.

The man, who cannot be named, went to the Court of Appeal, claiming police had no right to search his home in 2000 or to give documents they seized to the Immigration Service which was now reviewing his refugee status. He had 20 days to take his case to the Supreme Court after the Court of Appeal judgment released yesterday.

The man had no removal or deportation order issued against him, said his lawyer Rodney Hooker.

“It would certainly get serious consideration,” he said.

He said the “odds are”‘ that the man’s case would go to the Supreme Court to challenge the Court of Appeal ruling. He also said his wife and children had been killed.

The man arrived in New Zealand in 1995 and was granted refugee status when he claimed he would be killed by the Mujahideen, the Afghan resistance army.

Police seized several documents, including a map of Sydney’s nuclear reactor at Lucas Heights.

An inquiry involving the Immigration Service, Security Intelligence Service and foreign agencies including Australian police, led to a search of his home in 2000.

The man was charged with fraud over his refugee application but the Court of Appeal said in its judgment released yesterday the Crown elected to offer no evidence because of “difficulties of proof and concern at public disquiet about the case” after the terrorist attack on the World Trade Centre in New York on September 11, 2001.

The reactor was a planned target of terrorists but several terrorists were arrested and the attack was thwarted.

Mr Hooker said the man was a family man who had made New Zealand his adopted home and did not want to leave. The fraud case was dropped. .

“We are only in the very first part of the sequence of events,” Mr Hooker said.”

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Police are annoyed at having to rescue a tramper for the second time from a snow-covered ridge in the Ruahine Ranges as dusk fell last night.

The 59-year-old Hastings man had been rescued from the same spot less than a month ago.

A spokeswoman for the Lowe Corporation rescue helicopter said it responded to a police search and rescue request to find the tramper who was experiencing difficulties.

Police say last night’s rescue cost $1500 and put the lives of the rescue team at risk. He misjudged the weather and his timing,” she told .

“It was getting dark and he was at the top of a ridge in the snow.

But police say the man had been warned not to attempt the trip in alpine conditions, Hawke’s Bay Today reported.

The man was flown to Hawke’s Bay Hospital for a check-up but there was nothing wrong with him medically.

Police said then he was not carrying the right equipment, had not planned his trip well and didn’t have the fitness level to complete the trip.

He was first rescued on July 14 from the Golden Crown area of the Ruahine Ranges after he was caught out by heavy snow, deteriorating weather and lack of daylight.

Hawke’s Bay search and rescue co-ordinator Detective Sergeant Luke Shadbolt said today the man’s actions were irresponsible at best and “have put the lives of our rescue staff at risk to get him out of situations that he was ill-equipped and under prepared to deal with”.

At that time poor weather had prevented the rescue helicopter from being used, so police search and rescue squad members and volunteers from Hawke’s Bay LandSar walked into the Ruahine Ranges and found the man about 11pm in a cold and mildly hypothermic state. He has a poor appreciation of winter conditions in the Ruahine Ranges. .”

Mr Shadbolt said he had looked into what charges could be laid but said it was unfortunate no provisions existed to take the man to court.

“It highlights the importance of good planning, good equipment and a good understanding of your capabilities and limitations in the back-country environment.

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A snowboarder caught in an avalanche near Coronet Peak skifield in the South Island this afternoon has died.

The man was found unconscious around 7pm – more than two hours after the slip – and medical staff attempted to resuscitate him.10pm but was unable to be revived. He was airlifted to Queenstown Lakes District Hospital at around 8.40pm, mobilising rescue and emergency services, including ski patrols from nearby skifields, an alpine cliff rescue team and dogs.

A companion, believed to be a family member, sounded the alarm shortly after the avalanche at 4. Rescuers had to dig two and half metres through snow to recover him.The man was located using an electronic search device approximately two hours after the avalanche, police said.

Police said two snowboarders, including the deceased man, had been in the area of the avalanche, known as Dirty Four Creek.

He was the second person to die in an avalanche in the South Island’s mountains in just over a week.5 avalanche. It was graded a class 2.

The death will be referred to the coroner, police said.

NZSki, which operates the skifield, said the avalanche happened outside its boundaries.”The Mountain Safety Council recommends staying out of the backcountry in these circumstances,” said the council’s Acting Avalanche Programme Manager, Gordon Smith.

The NZ Mountain Safety Council says the Queenstown region has been at a high avalanche danger for the past 12 days. The avalanche danger remains high and with the weather forecast predicting more heavy snowfalls for the Southern Alps over the coming days, the avalanche danger, if anything, may increase,” Mr Smith said. .

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On July 24 a large avalanche in the Southern Alps’ Rugged Range killed an Australian heli-skier and temporarily buried two others

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Killers will lose the right to claim provocation as a defence after murderer Clayton Weatherston’s attempt to smear his victim.

It is understood Justice Minister Simon Power wants the controversial defence scrapped as soon as possible and will announce his intentions today.

Weatherston, 33, was found guilty in the High Court at Christchurch yesterday of murdering his former girlfriend Sophie Elliott, 22.

Should provocation be scrapped as a defence for murder? below.

He said he was provoked by their tumultuous relationship and because she had attacked him with a pair of scissors.

He had admitted inflicting 216 stab and cutting wounds on her in the bedroom of her Dunedin home on January 9 last year, but pleaded not guilty to murder.

“There was no provocation in this case, no provocation from Sophie,” her father, Gil, said. .. “That was all fabricated . She didn’t have time to provoke him..

“We’ve thought about it a lot over the last few weeks – probably there’s not … very many murders where provocation is justified but however, in our society it’s never justified – thou shalt not kill and that’s the bottom line.”

Her mother, Lesley, told Radio New Zealand that said she believed there was no room in the legal system for provocation.

“As far as we were concerned, up until the trial, provocation hadn’t really been mentioned – if it had been it certainly wasn’t a massive issue.”

She said they were surprised at accusations that Sophie had made the first attack on her killer.

“[Sophie] doesn’t have another chance and I don’t see why he should.”

Mrs Elliott told Radio New Zealand she didn’t believe in capital punishment but thought Weatherston should spend his life in prison.”

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“I’ve struggled… a lot over the last year with… forgiveness and I will never be able to forgive him for what he’s done

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Wild weekend weather continued to cause havoc today with part of State Highway 10 in the Far North collapsing under the weight of a major landslide.

Police were alerted to the slip when a truck close toly rolled off the road about 6am, Senior Sergeant Shane Mulcahy of northern police communications said.

Drivers in Otago and South Canterbury were being warned to take care this morning as black ice made travelling treacherous.

The highway was now closed and roading authorities were making their way to the scene.

The MetService has also issued a snow warning for the Rimutaka Hill Rd north of Wellington.

Snow and ice also closed SH1 at the Desert Road, and a snow warning remained in place. However there was still expected to be icy patches on the Desert Rd.

It said light snow was possible this morning on both roads but said little if any snow was expected to accumulate.

The deep low that brought the severe weather was expected to move slowly away from the country this morning, the MetService said. .

A strong wind warning has also been lifted for eastern parts of the Bay of Plenty, with gales easing though gusty southerlies expected to ease during the day.

It has since lifted a heavy rain warning Gisborne, with only around 25mm of rain expected by midnight.

Gusty southerlies which have buffeted Taupo are to settle gradually while heavy rain is no longer predicted in Napier.

The weather is also expected to ease around Taupo and Hawke’s Bay.

GIRL KILLED

The severe weather claimed the life of 15-year-old Danielle Anne Finlayson, who was killed early yesterday morning when a tree fell on a caravan she was sleeping in, at her home in Whangapara, 23km northwest of Whangarei.

However, rain is still forecast to fall in the ranges north of Napier.

Danielle was with two friends when the incident happened at 12.

Authorities who rushed to the scene said the incident could have resulted in a triple fatality.

Veteran volunteer fire brigade chief Snow Buckton told The New Zealand Herald it appeared a branch from a large puriri tree crashed into the caravan where Danielle was sleeping after the tree and a tree hut were blown over.50am.

“I was thinking how lucky, I suppose, if you want to call it that, that we didn’t go to a triple fatality,” he said. Danielle was crushed under the branch and died almost immediately but the two friends escaped. There was nothing we could do to help save her,” he said.

“Obviously the family, (on our) arrival, were quite devastated.

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Lawyers for John Campbell and four other TV3 staff today argued in court they should not be summonsed as witnesses in a possible trial of two men charged with stealing bravery medals from the Waiouru Army Museum.

Police want the High Court to compel Campbell and fellow journalists Ingrid Leary, Carol Hirschfeld, Hannah Story and Zoe Duffy to reveal the identity of an informant they interviewed in February 2008, around the time that 96 medals stolen from the museum in December 2007 were returned.

Today’s hearing before chief high court judge Tony Randerson debated the application of a law which means journalists do not have to reveal their sources, unless there was a clear public interest.

The interview, in which an informant confessed to being involved in the burglary, was subsequently re-shot and broadcast with an actor delivering the lines.

Journalists had an important public watchdog role and that included talking to people who had important information to reveal but who would feel compromised if their identity was revealed, he said. .

As a fallback position, Mr Miles said the testimony was not necessary as prosecutors already had enough information to put the accused before a court.

Forcing the TV3 staff to testify would have a chilling effect, stopping people in such cases in future coming forward with important information, Mr Miles said.”

Mr Miles rejected suggestions the law was more to protect whistleblowers who went to media rather than people who may be admitting to a crime, saying the right to protect sources should only be overturned in extremely serious cases.

“If the Crown already has a case it thinks is good enough to put before a jury, it doesn’t need this top-up.

“This is not a case where the media is carrying out the function of being public watchdog, which is reason we have this protection in the first place,” he said.

But police lawyer Lance Rowe disagreed, saying the law was put in place to protect whistleblowers more than any other groups.

He said that under the law journalists could never promise absolute confidentiality to a source “unless they’re also promising to go to prison for contempt of court”.

“What is it exactly that’s being protected here?”

Mr Rowe said that the revealing of the identity of the person TV3 interviewed could play a major part in the prosecution and was therefore in the public interest.

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Mr Miles said TV3 was prepared to hand over transcripts of both the original interview with the informant and of the “interview” with the actor that was eventually broadcast

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A 62-year-old woman is in a comfortable condition in hospital in Greymouth after being trapped in her car in remote bush for two days.

Searchers found Alison McDonald in her blue Toyota Corolla between Arthur’s Pass and Otira early earlier today after she crashed down a five metre bank on Friday.
She was dehydrated and probably looking forward to a good night’s sleep, some warm food and plenty of fluids, he said.
A Grey Base Hospital spokesperson said she had been knocked about when the vehicle rolled and suffered bruising to her ribs and lung area.”
The alarm was raised on Friday after Ms McDonald failed to reach her Greymouth home after leaving Christchurch that morning.
“I think once she gets that then no doubt her condition will improve.
Ms McDonald’s 21-year-old granddaughter found her when searching on foot with other family and friends, Newstalk ZB reported.
Police drove the route and a helicopter swept the area but were unsuccessful.
Her friend Tina Vincent said Ms McDonald had some leftover food and drink with her and stayed alive by keeping warm, thinking positive and praying.
She had managed to undo her seatbelt, but had not been able to get out of the car and had spent the entire time on broken glass.
She had amazed friends and family with her strength, Ms Vincent said.
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Slippery fugitive William Stewart is styling himself “Billy the Hunted One” and appears to be enjoying his new-found notoriety.

A Teddington farmer, whose property was broken into by the 47-year-old, showed Stewart’s table-top calling card yesterday.

Stewart, who broke into the farm’s smoko room and helped himself to a meal the weekend before last, had carved his thanks into the dining table.

Stewart has been on the run since early February.

“Thanks guys, Billy the Hunted One,” he wrote.

He has five warrants for his arrest and is thought to have committed a string of burglaries and car thefts while on the run.

He has not been seen since he picked up hitchhikers in Hororata more than a week ago.

Police believed his latest crime was to swap a stolen car for a 2008 Hilux in Waddington, central Canterbury, on Tuesday.

“He helped himself to a nice meal of hot pies and coffee and wrote a thank-you note carved into the table.

The Teddington farmer, who declined to be named, said Stewart had been “sleeping rough” in the hills towards Gebbies Pass behind the property before he ventured down to the farm’s sheds.

“It was more that he had been watching and seeing where the keys were kept,” the farmer said.”

The fact that the door had not been forced but was opened using keys hidden on the property was unnerving.

The farmer said it was clear Stewart was “having a lot of fun and games”.

After carving his thanks, Stewart stole one of the farm motorbikes and blasted through a police cordon towards Governors Bay early on March 22.

However, police had called his antics “silly”.

However, police had called his antics “silly”. .

The Teddington farmer said Stewart, who had popped up in Tai Tapu the following day he evaded police in Governors Bay, obviously had some bushcraft skills as it was a long hike over the hills

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Overseas buyers start new gold rush

By KAREN ARNOLD – Sunday, 01 February 2009

GOLD RUSH: New Zealand is poised for another gold rush but it’s unlikely anyone will be digging for their fortunes. Pictured is $100,000 worth of Kiwi gold.

New Zealandis poised for another gold rush but it's unlikely anyone will be digging for their fortunes.
New Zealand Mint head bullion trader Mike O'Kane said as the world recession deepened, more people wanted to safeguard their cash and saw the precious metal as an insurance policy.
As gold prices hit record levels, it's overseas buyers with money to spare who are turning their dollars into Kiwi gold.
O'Kane said that with the failures of large US investment banks, such as Bear Stearns and Lehman Brothers, demand for New Zealand gold increased.
The price of gold has doubled in the past two years and last week hit an all-time high, reaching $1745 an ounce. The failures coincided with NZ Mint doing a month's worth of transactions each day."
During the past two weeks one US buyer had bought $1 million in gold -about 570 coins -and was contracted to buy another $1m during the next fortnight.
"We've just started to see another surge in demand through fear and worry. "They're going to take that away with them.
"There's an Asian couple flying over to buy $500,000 worth," said O'Kane. NZ Mint would not reveal that buyer's identity for privacy reasons."
There have been two other recent $1m gold transactions one by a New Zealander. As well, there had been five $100,000-plus gold transactions in the the previous month. As well, there had been five $100,000-plus gold transactions in the the previous month.5cm high about the length of a ballpoint pen.
Fifty-four gold coins equals $100,000 worth of gold, and stacked on top of each other they are 13.
O'Kane said New Zealand was regarded as a place where gold would be kept safe. And while $1m in notes would be the size of a pallet, the same sum of gold would fit in a shoebox.
Not all countries manufactured gold bullion and some made it difficult to buy.
About half the gold bought at NZ Mint was kept there in secure storage; the rest was taken away by the owners, he said. O'Kane said once a trader placed an order, it was confirmed within 24 hours and delivered to the client within one to four weeks. NZ Mint, a privately owned company, tried to make the process as simple as possible. A year ago the average gold purchase was about $25,000 a time, he said.
The number of Kiwi gold buyers was also increasing."
O'Kane said the drop in the NZ dollar and the ever-steady demand for gold was driving the price up."
O'Kane said the drop in the NZ dollar and the ever-steady demand for gold was driving the price up.
MINT'S MOMENTS
* Fifty-four gold coins equals $100,000 worth of gold, and stacked they are 13.5cm high – about the length of a ballpoint pen.
* $1m in notes would be the size of a pallet, the same amount of gold coins would fit in a shoebox.
* NZ Mint buys refined gold from reputable suppliers throughout the world including Australia, Europe and Asia
* Once it arrives in New Zealand it is melted down and made into rough bars
* The bars are pressed repeatedly until they reach the desired coin thickness then discs are cut out and softened in an oven at temperatures of between 500 and 600degC.
* They are then "stamped" with a Kiwi on the top and map of New Zealand on the bottom of the coin
* A pure NZ Mint gold coin is the size of the old 50c piece.
* It weighs one troy-ounce = 31.1gms.

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Fonterra “should have known”

By ADAM DUDDING – Sunday, 21 September 2008

Scandal taints Fonterra

Fonterra andNew Zealand embassy staff in China failed to notice the looming scandal over melamine-contaminated baby formula despite months of rumours on popular internet sites, and a TV news programme about babies falling ill after drinking milk products.
And a Christchurch political scientist says Fonterra's lack of understanding of the Chinese political and business environment meant the dairy giant was out of its depth before it had even bought its 43% shareholding in China's largest dairy company, Sanlu, in late 2005 for $US107m. Last night a Fonterra spokesman reiterated CEO Andrew Ferrier's statement that Fonterra China had no knowledge of any problems with Sanlu products until August 2.
Four children have died from drinking Sanlu products contaminated with the industrial chemical melamine, used by suppliers to disguise watered-down milk, and more than 6000 have been made sick.
But Anne-Marie Brady, a specialist in Chinese politics at the University of Canterbury, said it was remarkable that a huge company such as Fonterra failed to learn of problems at Sanlu through other channels.
Sanlu had been fielding complaints from worried parents as early as March, was approached by health authorities in June, and conducted its own tests for contaminants in July, but Ferrier said none of Fonterra's three directors on the seven-person board of Sanlu was informed before August 2.
In July, Hunan TV, which screens on cable TV nationally, made a programme about an epidemic of kidney damage in infants. Despite strict controls of official media by the Communist government, important stories still come to light via the internet and smaller outlets. Twenty-two Chinese milk companies are now implicated in the scandal. To avoid censorship it didn't name Sanlu, but signalled the connection by using Sanlu brand packaging as a backdrop to the report. "You could say `we specialise in the dairy industry please comb the media and tell us what's going on'.
Even if Fonterra didn't have staff who spoke Chinese, said Brady, there are organisations in China that could do the work.
Last night Foreign Affairs spokesman David Courtney said while Mfat "informally" monitors international media, it does not engage in constant monitoring of all international media sources."
Brady also criticised the New Zealand embassy in Beijing for failing to spot an issue that is bound to have huge effects on New Zealand's interests in China.
Brady said the Sanlu scandal is a demonstration too of the lack of understanding by New Zealand businesses of the complexities of Chinese commerce and politics. He added "China has a vast number of media outlets [television, press, magazines and blogs] and the number is growing". Tian would have been privy to classified Communist Party edicts that negative reports on food safety be censored, and this may have kept her from passing news about contaminated milk to Fonterra. She points to the multiple roles held by Sanlu's chairwoman, Tian Wenhua, who was also secretary of the company's Communist Party chapter.
Last night Fonterra's three Sanlu directors two New Zealanders and a mainland Chinese national were believed to be in China.
A spokesman said Fonterra "entered its business partnership with Sanlu with careful consideration of all the factors influencing its investment political and cultural as well as the strictly business due-diligence issues".

. Although a media report yesterday said Trade Minister Phil Goff had talked to Ferrier about assuring their safety, Mfat said Fonterra had not approached it about helping directors leave China