Demonstrations and protests are being planned around the world for the global day of action to 'Drop the Charges' against the 20 people arrested in the nationwide State Terror Raids of 15 October 2007.
Intro | Legal | Tūhoe | Solidarity | 30 August | Solidarity Statement | Fairfax | Donate | AIMC Features | Links
- Wellington / Te Whanganui-a-Tara: Meet at 12noon at 128 Abel Smith Street, Te Aro. March through town - speakers and music
- Auckland / Tāmaki-makau-rau: Meet at 12noon in Aotea Square for a rally
Intro | Legal | Tūhoe | Solidarity | 30 August | Solidarity Statement | Fairfax | Donate | AIMC Features | Links
On Monday, October 15th 2007, more than 300 police carried out dawn raids on dozens of houses all over Aotearoa / New Zealand. Police claim the raids were in response to 'concrete terrorist threats' from indigenous activists. The reality, however, included heavily armed police terrorising an entire township. To date, no evidence of the so-called terrorist plot has been revealed.
Police arrested 17 indigenous, anarchist, environmental and anti-war activists, including people from Tūhoe, Te Atiawa, Maniapoto, Ngā Puhi and Pakeha. Police wanted to charge 12 people under the Terrorism Suppression Act (TSA), however the Solicitor-General denied the police permission to proceed. After four weeks in jail everyone was released on bail. On Tuesday, February 19th 2008, police raided further properties, arresting 3 more men. All were released on bail with strict conditions that same day. A woman was arrested on Thursday April 17th, 2008, and also faces charges under the Arms Act.
Legal update: lead up to the deposition hearing in Auckland
The deposition hearing (i.e. the pre-trial) starts in the Auckland District Court on Monday, 1 September 2008. There is a hearing in the High Court in Auckland on 22 August, too. Several defendants have filed applications regarding the police affidavits that was used to gain search and interception warrants. This is likely to be held 'in chambers' and thus not open to the public. Second, the High Court will hear an application for bail variation for Valerie Morse and Emily Bailey that would allow them to associate. As it stands, Valerie and Emily have limited association as consented to by the Crown. They are seeking a removal of any restriction on association.
The deposition hearing has been set down to start 1 September and will sit until 11 September. There will be a recess for one week. Court will resume on Monday, 22 September and run until 3 October (unless it finishes early).
All but one of the 20 defendants are due to have a depositions hearing starting on 1 September in the Auckland District Court. This hearing is effectively a preliminary step in which the Crown must prove that it has a 'prima facie' case (literally a case 'on the face of it') against each of the accused. There will be the presentation of evidence to determine whether the defendant has a case to answer before a jury. There is a low threshold to prove a 'prima facie' case - A prima facie case is one that at first glance presents sufficient evidence for the plaintiff (the Crown) to win. Following this, defendants will be committed to trial by jury. This will likely happen in mid- to late 2009. One defendant, Raunatiri Hunt, will have a deposition hearing in Tauranga on 20 November 2008.
During the depositions, the defendants can call any of the Crown's witnesses. This will be their opportunity to see the extent of the case against them and get clarification on various matters and statements. All of the arrestees have been excused from attending this hearing as long as they have legal representation. However, the October 15th Solidarity support crew is urging arrestees and whānau to attend at least the first week to get a clear idea of what is happening.
The crown has said that they will lay a whole heap more Arms Act charges. This will mean that Tame Iti for example will face 38 charges - the 20 defendants will probably face around 400 charges together! The crown has indicated that they will call 132 witnesses in their case.
Tūhoe - the struggle for Mana Motuhake
Ngāi Tūhoe entered the beehive with around 500 people in late July for the signing of the Terms of Negotiations for their historical Waitangi Tribunal claims. When entering the semi-circular banquet hall, a haka - Te Pūru - was chanted. The formal proceedings were done with Te Ati Awa kawa. Two Te Ati Awa kaumata did a whaikōrero followed by Minister of Māori Affairs, Parekura Horomia. Then a speaker of Ngāi Tūhoe responded. He talked about the colonial invasions in the 1860s and 1916 and the confiscation of land aswell as the state terror raids last October. Michael Cullen, Minister of Minister in Charge of Treaty of Waitangi Negotiations, addressed Ngāi Tūhoe. "I would also like to briefly acknowledge that less than a year ago the events at Ruatoki provided a fresh point of tension in our relationship. It would not be appropriate or helpful for me to comment on the merits of the events of last October. I know emotions are still raw and opinions strongly held. But I am very pleased that less than a year later we are able to join together to show that it is the future that is first and foremost on the minds of Ngai Tuhoe."
However, the actions of Te Weeti Tihi during the signing itself show that Ngāi Tūhoe has not forgotten the raids last year, nor the confiscation, the scorched earth campaigns and murder in previous years. Te Weeti, who was arrested on 15th October 2007 when he challenged police setting up their roadblock on the confiscation line just out of Rūātoki, refused to shake hands with Michael Cullen and instead showed him his middle finger.
Tāmati Kruger, chairperson of Te Kotahi ā Tūhoe Trust said there would be some sensitive issues in negotiations that could create "unease" for the Crown. "I think the tricky issues are around Tuhoe's desire and wish to have Te Urewera National Park regarded as part of our territory. The second one that would be difficult for the Crown would be discussions over self government, over mana motuhake and sovereignty." He said that he has recently met with Police Commissioner Howard Broad to settle out of court over last year's state terror raids. It is rumored that Broad will visit Te Urewera in October this year - or in Tame Iti's words: "Broadband is coming to Rūātoki."
Tame Iti gave Michael Cullen a taiaha during the ceremony. "Te rākau nei, kei te haere ki te minita, mo te hoki mai o te whenua, ko Te Mana Motuhake ō Tūhoe. Ae, me whakawhiti korero tātou, ko Te Mana Motuhake ō Tūhoe kia hoki mai a Te Urewera. ko te kaupapa nui inaianei, me pehea, me aha?"
Ngāi Tūhoe signs Terms of Negotiation http://indymedia.org.nz/newswire/display/75809/index.php
We did it once…Let's do it again!
The solidarity movement on the streets in October and November 2007 is probably the main reason why charges under the Terrorism Suppression Act were never laid and everybody who faces charges is currently on bail. Thousands of people marched across Aotearoa and the world to stand in solidarity with the people in prison. Over 1000 people marched to Mount Eden prison in October 2007 in Auckland to demand the immediate release of all arrestees.
Since then, the various groups have raised thousands of dollars. The Wellington October 15th Solidarity group can now pay for the use of the marae during the deposition hearing so that defendants, whanau and friends have a place to stay.
August 30th - Global Day of Action
The day of action is a chance to educate and inform people about what is happening with the case. Many people believe that since the Terrorism charges were not successfully laid by Police, that everything is fine. We need to let people know that the case is on-going. It also is an opportunity to re-ignite involvement in the issues of Tino Rangatiratanga, Te Mana Motuhake o Tuhoe and repealing of the Terrorism Suppression Act. People can come along to express their rage, anger and sadness at the raids, and their on-going commitment to the solidarity work.
What is happening?
There are demonstrations and actions being planned around the globe. In Wellington, there will be an action starting at 12 noon at 128 Abel Smith Street. People should come along prepared for a demonstration and protest. It might include a tour of the places that were raided and a visit to the local police station. Bring along your signs, banners, placards, do some street theatre and make some noise for justice and freedom!
Statement of support: October 15th Solidarity
We demand the unconditional freedom of the people who are facing charges as a result of the state terror raids on 15 October 2007.
Attempts by the Police to lay charges under the Terrorism Suppression Act (TSA) failed but people are still facing politically motivated charges under the Arms Act. These charges are the result of a racist operation.
Police used the Terrorism Suppression Act and over $8 million to harass and punish political activists who they saw as supporting Tino Rangatiratanga.
The Police have arrested a few people but we're all targeted. The arrests of 15 October are aimed at intimidating and frightening all of our communities and cannot be tolerated.
We therefore call on everyone to stand up against this attack on our communities. We support the global day of action on 30 August 2008 and are mobilising to demand the unconditional freedom of the people facing charges as a result of the state terror raids.
Five days have been put aside in September for the solicitor-general's case against Dominion Post editor Tim Pankhurst and Fairfax New Zealand. David Collins is taking contempt proceedings against them for publishing 'Operation 8' conversations secretly recorded by police over their two year investigation. The court hearing start on 15th September 2008 in Wellington. This decision was announced by Justice Randerson in the Supreme Court.
Two judges, Justice Randerson and someone else, will be in court for the hearing. A telephone conference will take place on 9th September to finalise the dates. Jail is a possibility, but only if it is sought by the solicitor-general. In this case, jail is not being sought and only Fairfax could face a fine. Collins has not applied to have Pankhurst fined.
On 14th November 2007, the Dominion Post and The Press published information which they obtained of the 155-pages search warrant which was used to raid over 40 homes on 15th October 2007. The Dom Post called it 'The Terrorism Files'. They printed several quotes without attributing them to anyone. "To help ensure that [revealing what police found relating to the terrorism charges will not influence those firearms cases] we removed the names from the material" wrote Pankhurst in his editorial on 14th November. David Collins said that "the articles were sensational in tone and highly memorable." He went on to say that the decision not to attribute comments to individual defendants had the effect of attributing them equally to all of those charged.
Pankhurst said that "Police needed to treat [what was happening in Te Urewera] seriously and needed to investigate. To do anything less would have been to fail in their duty to protect New Zealanders. We believe that the police were right to act. However, we also believe the public has the right to make its own judgment on the police's credibility, and to do that it needs as much information as possible, within the bounds of the law and within the bounds of fairness to all those involved. That is why we decided to publish."
Curiously, the Dominion Post did not believe that the public needed to make its own judgement about suppressed information regarding the rapist police officers Brad Shipton, Bob Schollum and Clint Rickards during their gang rape trial in 2006. The suppressed information, that two of these men were already serving prison time for a nearly identical offence and that more trials were forthcoming, might have resulted in a very different outcome had the public been made aware of it.
If the Dominion Post is in fact so interested informing the public, perhaps they could endeavour to publish the entire 25,000 pages that have so far been disclosed to the defendants (plus around 200 DVDs with video and photo material). Reading through these pages, any person will be able to see the racist nature of 'Operation 8' and what this colonial government is really scared of: indigenous sovereignty.
Struggle against capital - capital to the struggle ;-)
Links: October 15th Solidarity | Te Mana Motuhake o Tuhoe | AoCafe | Civil Rights Defence | Te Kotahi a Tuhoe | Tūhoe: History of resistance | Tu Kotahi - Freedom Fighting Anthems
Police arrested 17 indigenous, anarchist, environmental and anti-war activists, including people from Tūhoe, Te Atiawa, Maniapoto, Ngā Puhi and Pakeha. Police wanted to charge 12 people under the Terrorism Suppression Act (TSA), however the Solicitor-General denied the police permission to proceed. After four weeks in jail everyone was released on bail. On Tuesday, February 19th 2008, police raided further properties, arresting 3 more men. All were released on bail with strict conditions that same day. A woman was arrested on Thursday April 17th, 2008, and also faces charges under the Arms Act.
Legal update: lead up to the deposition hearing in Auckland
The deposition hearing (i.e. the pre-trial) starts in the Auckland District Court on Monday, 1 September 2008. There is a hearing in the High Court in Auckland on 22 August, too. Several defendants have filed applications regarding the police affidavits that was used to gain search and interception warrants. This is likely to be held 'in chambers' and thus not open to the public. Second, the High Court will hear an application for bail variation for Valerie Morse and Emily Bailey that would allow them to associate. As it stands, Valerie and Emily have limited association as consented to by the Crown. They are seeking a removal of any restriction on association.
The deposition hearing has been set down to start 1 September and will sit until 11 September. There will be a recess for one week. Court will resume on Monday, 22 September and run until 3 October (unless it finishes early).
All but one of the 20 defendants are due to have a depositions hearing starting on 1 September in the Auckland District Court. This hearing is effectively a preliminary step in which the Crown must prove that it has a 'prima facie' case (literally a case 'on the face of it') against each of the accused. There will be the presentation of evidence to determine whether the defendant has a case to answer before a jury. There is a low threshold to prove a 'prima facie' case - A prima facie case is one that at first glance presents sufficient evidence for the plaintiff (the Crown) to win. Following this, defendants will be committed to trial by jury. This will likely happen in mid- to late 2009. One defendant, Raunatiri Hunt, will have a deposition hearing in Tauranga on 20 November 2008.
During the depositions, the defendants can call any of the Crown's witnesses. This will be their opportunity to see the extent of the case against them and get clarification on various matters and statements. All of the arrestees have been excused from attending this hearing as long as they have legal representation. However, the October 15th Solidarity support crew is urging arrestees and whānau to attend at least the first week to get a clear idea of what is happening.
The crown has said that they will lay a whole heap more Arms Act charges. This will mean that Tame Iti for example will face 38 charges - the 20 defendants will probably face around 400 charges together! The crown has indicated that they will call 132 witnesses in their case.
Tūhoe - the struggle for Mana Motuhake
Ngāi Tūhoe entered the beehive with around 500 people in late July for the signing of the Terms of Negotiations for their historical Waitangi Tribunal claims. When entering the semi-circular banquet hall, a haka - Te Pūru - was chanted. The formal proceedings were done with Te Ati Awa kawa. Two Te Ati Awa kaumata did a whaikōrero followed by Minister of Māori Affairs, Parekura Horomia. Then a speaker of Ngāi Tūhoe responded. He talked about the colonial invasions in the 1860s and 1916 and the confiscation of land aswell as the state terror raids last October. Michael Cullen, Minister of Minister in Charge of Treaty of Waitangi Negotiations, addressed Ngāi Tūhoe. "I would also like to briefly acknowledge that less than a year ago the events at Ruatoki provided a fresh point of tension in our relationship. It would not be appropriate or helpful for me to comment on the merits of the events of last October. I know emotions are still raw and opinions strongly held. But I am very pleased that less than a year later we are able to join together to show that it is the future that is first and foremost on the minds of Ngai Tuhoe."
However, the actions of Te Weeti Tihi during the signing itself show that Ngāi Tūhoe has not forgotten the raids last year, nor the confiscation, the scorched earth campaigns and murder in previous years. Te Weeti, who was arrested on 15th October 2007 when he challenged police setting up their roadblock on the confiscation line just out of Rūātoki, refused to shake hands with Michael Cullen and instead showed him his middle finger.
Tāmati Kruger, chairperson of Te Kotahi ā Tūhoe Trust said there would be some sensitive issues in negotiations that could create "unease" for the Crown. "I think the tricky issues are around Tuhoe's desire and wish to have Te Urewera National Park regarded as part of our territory. The second one that would be difficult for the Crown would be discussions over self government, over mana motuhake and sovereignty." He said that he has recently met with Police Commissioner Howard Broad to settle out of court over last year's state terror raids. It is rumored that Broad will visit Te Urewera in October this year - or in Tame Iti's words: "Broadband is coming to Rūātoki."
Tame Iti gave Michael Cullen a taiaha during the ceremony. "Te rākau nei, kei te haere ki te minita, mo te hoki mai o te whenua, ko Te Mana Motuhake ō Tūhoe. Ae, me whakawhiti korero tātou, ko Te Mana Motuhake ō Tūhoe kia hoki mai a Te Urewera. ko te kaupapa nui inaianei, me pehea, me aha?"
Ngāi Tūhoe signs Terms of Negotiation http://indymedia.org.nz/newswire/display/75809/index.php
We did it once…Let's do it again!
The solidarity movement on the streets in October and November 2007 is probably the main reason why charges under the Terrorism Suppression Act were never laid and everybody who faces charges is currently on bail. Thousands of people marched across Aotearoa and the world to stand in solidarity with the people in prison. Over 1000 people marched to Mount Eden prison in October 2007 in Auckland to demand the immediate release of all arrestees.
Since then, the various groups have raised thousands of dollars. The Wellington October 15th Solidarity group can now pay for the use of the marae during the deposition hearing so that defendants, whanau and friends have a place to stay.
August 30th - Global Day of Action
- Wellington / Te Whanganui-a-Tara: Meet at 12noon at 128 Abel Smith Street, Te Aro. March through town - speakers and music
- Auckland / Tāmaki-makau-rau: Meet at 12noon in Aotea Square for a rally
- Vancouver (Canada): Film Screening at Spartacus Books, 684 East Hastings, at 7pm. Money to support the accused!
The day of action is a chance to educate and inform people about what is happening with the case. Many people believe that since the Terrorism charges were not successfully laid by Police, that everything is fine. We need to let people know that the case is on-going. It also is an opportunity to re-ignite involvement in the issues of Tino Rangatiratanga, Te Mana Motuhake o Tuhoe and repealing of the Terrorism Suppression Act. People can come along to express their rage, anger and sadness at the raids, and their on-going commitment to the solidarity work.
What is happening?
There are demonstrations and actions being planned around the globe. In Wellington, there will be an action starting at 12 noon at 128 Abel Smith Street. People should come along prepared for a demonstration and protest. It might include a tour of the places that were raided and a visit to the local police station. Bring along your signs, banners, placards, do some street theatre and make some noise for justice and freedom!
Statement of support: October 15th Solidarity
We demand the unconditional freedom of the people who are facing charges as a result of the state terror raids on 15 October 2007.
Attempts by the Police to lay charges under the Terrorism Suppression Act (TSA) failed but people are still facing politically motivated charges under the Arms Act. These charges are the result of a racist operation.
Police used the Terrorism Suppression Act and over $8 million to harass and punish political activists who they saw as supporting Tino Rangatiratanga.
The Police have arrested a few people but we're all targeted. The arrests of 15 October are aimed at intimidating and frightening all of our communities and cannot be tolerated.
We therefore call on everyone to stand up against this attack on our communities. We support the global day of action on 30 August 2008 and are mobilising to demand the unconditional freedom of the people facing charges as a result of the state terror raids.
Supporting organisations (21st August 2008)
- Socialist Aotearoa
- Friends of Jeffrey Free Luers
- Anti-Privatisation Forum (South Africa)
- Workers Party
- Systemoppositionelle Atomkraft Nein Danke (Germany)
- 128 Abel Smith Street Collective
- Anarchist Black Cross Wellington
- Garage Collective
- Global Peace and Justice Auckland
- Communist Workers' Group of New Zealand/Aotearoa
- International Bolshevik Tendency
- Te Mana Motuhake o Tuhoe
- Wellington Animal Rights Network
- Opportunity for Animals collective
- Citizens Against Privatisation (CAP)
- Auckland Animal Action
- Mutiny Collective (Newcastle, Aus)
Five days have been put aside in September for the solicitor-general's case against Dominion Post editor Tim Pankhurst and Fairfax New Zealand. David Collins is taking contempt proceedings against them for publishing 'Operation 8' conversations secretly recorded by police over their two year investigation. The court hearing start on 15th September 2008 in Wellington. This decision was announced by Justice Randerson in the Supreme Court.
Two judges, Justice Randerson and someone else, will be in court for the hearing. A telephone conference will take place on 9th September to finalise the dates. Jail is a possibility, but only if it is sought by the solicitor-general. In this case, jail is not being sought and only Fairfax could face a fine. Collins has not applied to have Pankhurst fined.
On 14th November 2007, the Dominion Post and The Press published information which they obtained of the 155-pages search warrant which was used to raid over 40 homes on 15th October 2007. The Dom Post called it 'The Terrorism Files'. They printed several quotes without attributing them to anyone. "To help ensure that [revealing what police found relating to the terrorism charges will not influence those firearms cases] we removed the names from the material" wrote Pankhurst in his editorial on 14th November. David Collins said that "the articles were sensational in tone and highly memorable." He went on to say that the decision not to attribute comments to individual defendants had the effect of attributing them equally to all of those charged.
Pankhurst said that "Police needed to treat [what was happening in Te Urewera] seriously and needed to investigate. To do anything less would have been to fail in their duty to protect New Zealanders. We believe that the police were right to act. However, we also believe the public has the right to make its own judgment on the police's credibility, and to do that it needs as much information as possible, within the bounds of the law and within the bounds of fairness to all those involved. That is why we decided to publish."
Curiously, the Dominion Post did not believe that the public needed to make its own judgement about suppressed information regarding the rapist police officers Brad Shipton, Bob Schollum and Clint Rickards during their gang rape trial in 2006. The suppressed information, that two of these men were already serving prison time for a nearly identical offence and that more trials were forthcoming, might have resulted in a very different outcome had the public been made aware of it.
If the Dominion Post is in fact so interested informing the public, perhaps they could endeavour to publish the entire 25,000 pages that have so far been disclosed to the defendants (plus around 200 DVDs with video and photo material). Reading through these pages, any person will be able to see the racist nature of 'Operation 8' and what this colonial government is really scared of: indigenous sovereignty.
Struggle against capital - capital to the struggle ;-)
- October 15th Solidarity Cheques - Please make your cheque payable to 'October 15 Solidarity', and post to October 15 Solidarity, PO Box 9263, Wellington, New Zealand.
Wire or Transfer Details - Bank: Kiwibank, Account name: October 15 Solidarity, Account Number: 38-9007-0239672-000
This is a Wellington based group that formed in the immediate aftermath of the raids. It does both support work and political organising. Deposits made with the code "Support" will be dedicated towards supporting all those affected by the raids, arrests and on-going court appearances.
-
Legal Defence Fund
Cheques - Please make your cheque payable to 'Peace Action Wellington'
and post to: 128 Abel Smith St, Wellington.Wire or Transfer Details - Bank: BNZ, Account name: Peace Action
Wellington, Account number: 02 0536 0458570 00, Bank address: Bank of New Zealand, North End Branch, Pastoral House, 100 Lambton Quay, WellingtonMoney donated to this account with the tagline "Legal Defence" will go towards the legal costs of all those still facing charges under the Arms Act. The money collected for legal defence will be shared among defendants
according to their need. -
Te Mana Motuhake o Tuhoe fund:
Wire or Transfer Details - Bank: BNZ Bank, Account name: Tūhoe Trust, Account number, 02-0488-0170643-00, Bank Address, BNZ Bank, Whakatāne Branch, 181 The Strand, Whakatane.
The struggle for Te Mana Motuhake ō Tūhoe is the struggle for self-determination of Tūhoe people and sovereignty over their lands. Donations made to the Tūhoe trust support this struggle.
-
Rotorua regional fund:
Cheques - Please make your cheque payable to 'Nga Tai o te Reinga', and post to Nga Tai o te Reinga, 61B Iles Rd, Lynmore, Rotorua.
Wire or Transfer Details - Bank: Kiwibank, Branch: Te Ngae, Account name: Nga Tai o te Reinga, Account Number: 38-9002-0653401-00, Bank address: Kiwibank Limited, Te Ngae Branch, Te Ngae PostShop, Shop 7, 512 - 518 Te Ngae Road, Rotorua.
-
Civil Rights Defence - Auckland:
Cheques - Please make your cheque payable to 'Global Peace and Justice Auckland', and post to GPJA, PO Box 7175, Wellesley St, Auckland.
Wire or Transfer Details - Bank: Kiwibank, Account name: Global Peace and Justice Auckland, Account Number: 38-9000-0099726-00. Particulars/Code/Reference: Defence Fund
Civil Rights Defence is an Auckland based group that formed in the immediate aftermath of the raids. Money donated to Civil Rights Defence goes to their campaigns and also to projects such as bringing people from Ruatoki to Auckland for court.
-
Te Kotahi a Tuhoe fund:
Cheques - Please make your cheque payable to 'Te Kotahi a Tuhoe' and post to: Te Kotahi a Tuhoe, PO Box 47, Taneatua, Whakatane.
Wire or Transfer Details - Bank: ASB, Account name: Te Kotahi a Tuhoe, Account Number: 12-3253-0032178-50, Bank address: ASB Bank, Whakatane Branch, 202 The Strand, Whakatane or PO Box 682, Whakatane 3158.
Te Kotahi ā Tūhoe supports Tūhoe who were affected by the raids on October 15th. The worst actions of the police that day were taken against Tūhoe and the community of Ruatoki was terrorised.
Te Kotahi ā Tūhoe engaged Peter Williams to investigate the police actions at Ruatoki on 15 October, and represent them in claims against the crown arising from those actions. Donations you make would support this work.
Links: October 15th Solidarity | Te Mana Motuhake o Tuhoe | AoCafe | Civil Rights Defence | Te Kotahi a Tuhoe | Tūhoe: History of resistance | Tu Kotahi - Freedom Fighting Anthems
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