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  1. That is just wrong! The man has received a sentence for his role.

    The family assets were not obtained illegally aka the crimes act is supposed to seize drugs and fraudulently obtained money. They are picking on him because he is an easy target and obviously not paying the council and work safe to be in their pockets.

    When a large overseas (Chinese owned) company like Waste management truck kills a small child on their own driveway, Worksafe don’t even interview the driver and seemingly have no issues with the driver or company in their reports, which subsequently helps the driver and company get off any liability with police later.

    Investigation ‘substandard’
    http://www.gisborneherald.co.nz/local-news/20190517/investigation-substandard/

    Recycling truck tragedy
    http://www.gisborneherald.co.nz/local-news/20190516/recycling-truck-tragedy/

    NZ justice is increasingly big companies can kill local people and given the benefit of the doubt with botched quick investigations , while smaller companies are put through the mill!

    In our biggest workplace disasters, Pike River and CTV building – the corporations get off too! Surprise, surprise.

    Where are the investigators? Told to go after easy small targets in witch hunts because complex or large cases seem to be too much effort.

    1. prima facie (on the face of it), this has to be politically motivated OR the spooks are after him for some unknow reason.
      NOTHING else makes sense.
      Occams razor.

  2. In a sense the police probably need to test the law. If it is written in terms that can be construed to encompass this situation then it is the legislation that is at fault. That might not get fixed or clarified until it comes up in court.
    D J S

    1. If so, why not test the case against something like ‘Pike River’?
      Seems too convenient of an answer to go after ‘the small guy’.

      1. I totally agree But what would it cost the state in legal fees on both sides of the litigation?
        With the ACC arrangement that replaced the state responsibility to see that a workplace was safe the objective was shifted from keeping everyone safe to identifying who should pay (the state not the victim or dependents ). So now people dying or getting maimed like this has become a revenue gathering exercise for the state. The more people get killed the more money the state collects.
        D J S

      2. Kevin Brown – They might, if the opening up of the Pike River mine establishes grounds for concluding that it is a crime scene.

    2. David Stone: “If it is written in terms that can be construed to encompass this situation…”

      I’ve looked at the Act. As far as I can see, it is not.

      The intersection – such as it is – appears to be only in the fact that a) Salter has a criminal conviction under the Health and Safety Act and b) the maximum term of imprisonment under said Act is 5 years. Which is – surprise surprise – the length of term which will trigger police action under the Proceeds of Crime Act, I believe.

      In my view, the police are flying a kite here. And the trouble with that is that it’s very expensive for the Salter family to challenge, if it goes to court.

      “That might not get fixed or clarified until it comes up in court.”

      It ought not to be the case that any part of the judiciary – or the legal system generally – can say airily to somebody, “Go to court to prove us wrong.” To do so bespeaks a callous disregard for how horrendously expensive that can be. And – a fortiori – it smacks of the sort of official bullying that we’re expected to believe is a fact of life in non-democratic, authoritarian countries, but not here.

      I patched this story through to a relative. The response: “I see our plods have been taking lessons from their American colleagues”. Indeed. And difficult to disagree, when there are news items such as this:

      https://www.rt.com/usa/487470-strzok-fbi-flynn-evidence/

      “Documents revealed on Wednesday show correspondence between Strzok, Page and another FBI official, Bill Priestap, about Flynn – along with a handwritten note suggesting that the goal of the interview may have been “to get him to lie so we can prosecute him or get him fired.”
      Thursday’s release contains emails from Strzok to Priestap about a pretext of a “defensive briefing” to Flynn, and a response from someone (whose name is redacted) to Strzok and Page, saying “I think [redacted] would get to him regardless so we should try to frame them in a way we want.””

      From what I’ve heard and seen, I suspect that the NZ police has lost the trust of the middle classes. Stories such as that of the Salters will do nothing to win it back.

      I note that this case was pursued under the aegis of Mike Bush. Now that he’s gone, maybe the new police commissioner will call a halt to it. It is to be hoped so.

  3. No one wants to hear how someone is claiming the grease pole because we’re all climbing it.

    You have to make a box and clamp it to the inside of the petrol tank. If you can’t clamp it then wedge it in tight with a pole. Then drill a pilot hole with water to suppress the sparks and vent the inside of your box. Fossil fuels evaporate pretty fast so vent that fucker. Congrats you’ve now made your work site safe and can begin your work.

  4. The Mafia in blue. Nothing more, nothing less, an abominable abuse of power.

  5. Our Environmental Centre has for many years sought for hazardous waste such as “waste” (which is a wide ranging word for anything) should be carried under the rules set by the “Hazardous substance Act” which says by the safest method possible, and we advocated that waste be retrurned to being carried by rail as was previously daone so before the de-regulation of transport in 1980’s.
    https://www.chemsafetypro.com/Topics/NZ/HSNO_Act_Hazardous_Substances_and_New_Organisms_Act.html
    QUOTE;New Zealand HSNO Act

    Little Pro on 2016-01-05Views: 8446 Update:2019-11-16

    New Zealand’s Hazardous Substances and New Organisms Act, known as HSNO Act, came into force for new organisms on 29 July 1998 and for hazardous substances on 2 July 2001. The HSNO manages the risks that hazardous substances and new organisms may pose to human health and the environment in New Zealand.

    Under the HSNO Act, anybody intending to introduce a hazardous substance or new organism that is not already legally present in New Zealand must apply to the Environmental Risk Management Authority for approval to do so. All users of hazardous substances and new organisms must comply with the controls that are imposed by the Authority on approvals.

    Definition of Hazardous Substances and Exemptions
    Under the HSNO Act, hazardous substances include any substances that can damage the environment or adversely affect human health and safety other than radioactive, ozone-depleting or infectious substances. The following substances are exempt from the HSNO Act:

    Hazardous substances that are only being used in an exempt laboratory;
    Medicine;
    Infectious substances, UN Class 6;
    Ozone-depleting substances;
    Food;
    Manufactured articles;
    It shall be noted that the term “hazardous substances” under the Act is unique in the world. It covers both single-component chemical substances and formulated products. New Zealand’s chemical approval system is also quite different from other countries. A new single-component chemical substance that is not hazardous does not require approval.

    Approval of Hazardous Substances
    There are two types of approvals for hazardous substances manufactured in or imported into New Zealand: individual substance approval and group standard approval. Which type of approval is applicable depends whether a product is a single-component chemical and whether it contains hazardous components.

    Individual substance approval
    Mainly for a new hazardous chemical component that is not listed on New Zealand Inventory of Chemicals (NZIoC) and pesticides;
    An approval from the Environmental Protection Agency(EPA) is required;
    Group standard approval
    For other formulated products and hazardous single-component chemicals;
    Manufacturers and importers shall carry out their own assessment and assign group standards to their products and comply with control requirements specified by group standards;
    A record of assignment needs to be kept;
    New Zealand Inventory of Chemicals (NZIoC)
    The NZIoC is a list of hazardous chemicals allowed as components in products covered under group standard approvals. If a single-component chemical on its own or contained in a formulated product is hazardous and it is not listed on NZIoC, a new chemical notification needs to be submitted to the Environmental Protection Administration (EPA) for the hazardous component. This process is also called individual substance approval.

    Read more about NZIoC…

    Group Standard Approval
    Group standards are approvals for a group of hazardous substances of a similar nature, type or use. A group standard sets out conditions that enable a group of hazardous substances to be managed safely. Such conditions include specific requirements on labelling, SDS, and packaging etc.

    Most domestic and workplace chemicals (except for pesticides, veterinary medicines, timber treatment chemicals and vertebrate toxic agents) are approved under group standards. Most of group standards require hazardous components listed on NZIoC.

    Manufacturers and importers carry out their own assessment and assign their product to certain group standards based on the hazards and intended uses of the products. Once a group standard has been found, they need to keep a record why a particular group standard has been assigned.

    A guide on how to assign a group standard to a product can be found here. If companies cannot find an appropriate group standard, they can contact EPA for help by making an informal ‘Status of Substance’ request. A small fee will be charged by EPA.

    Reform of HSNO Act
    HSNO Act is being amended by a bill called “Health and Safety Reform Bill” in New Zealand. The Bill proposes replacing many of the regulation-making powers in the HSNO Act with powers to make legally binding notices issued by the Environmental Protection Authority (EPA Notices). EPA Notices will align their national regulation with GHS Rev. 3.

    GHS in New Zealand
    New Zealand is one of the earliest countries that have adopted GHS. New Zealand had adopted a GHS based hazard classification framework in 2001 and had been working on an implementation program since that time. Since July 2006, all hazardous substances had been covered by this GHS-based legislative framework.

    1. Cleangreen: it isn’t clear to me what relevance this comment of yours has to the original post. I assume that you’re not suggesting that the Salters were doing anything illegal.

    2. Carrying hazardous waste on the rail always requires loading on a truck, carting to a railhead , off loading onto the train, transport as close as possible to nearest disposal site , loading back on a truck, and then cartage to final sight and offloading again. The multiple times of handling always compromises the cost efficiency of rail , but in the case of hazardous waste it multiplies the risk of accident as well. Not sure that this is the answer Cleangreen.
      D J S

  6. This is really bad. The police are, I consider, manipulating their powers to the extent of one case, and probably more, of deceit in their dealings. They are a Force unto themselves!

    This business was a legitimate business, and while doing its legitimate business it allowed some dangerous methods to be used. We use highly dangerous things all the time, our society is highly developed in its use of materials and energy, and have to understand their potentialities. Business often doesn’t want to be properly responsible though. We have seen that with the cladding that causes a fire storm on the outside of a building in London, and we have found that it has been used on buildings here. The authorities are trying to find ways of getting it off I think. It should never have been put up. Asbestos also, I bet a lot was known about its bad health propensities when it was being hailed as a marvellous material and installed enthusiastically.

    So business has to be held to account, should make amends and all other businesses be warned about the faulty actions and that they will be dealt to, to prevent recurrence. Fair enough. This police action is wrong, it recriminalises and is against the intention of the law.

    One could go into the sociology of it – musing on the difference in understanding of life between people who are mostly observers of business with no knowledge of actually running one and the practicalities involved, and who are basically bureaucrats with extraordinary powers. They can do virtually what they like under the political system of devolving power to agencies, setting targets but leaving implementation in the hands of people who can get called ‘czars’* (in the USA and UK) – remember a number of questioned NZ politicians denying culpability for something saying “Oh no, that’s an organisational matter”. Then there are deemed regulations,
    now apparently called, blandly, ‘Other Instruments’, which is no description, gives them no ‘face’ at all.
    http://www.pco.govt.nz/regulationsreview#deemedregulations (1999). The police have been given wide power of discretion as to when and how to deal with people, and have very few powers held over them to control over-zealousness on their part.
    * https://en.wikipedia.org/wiki/Czar_(political_term)

    Personally I was highly alarmed and affronted, when they set up a road block in pursuance of elderly, mostly women, who had attended a meeting on euthanasia which would have discussed the use of various chemicals that can be used for medical purposes, in this case resulting in death by choice. They took personal information in the course of their surveillance and then visited the people at their homes to search if necessary, for any of the chemicals which are illegal for individual possession. As the police have discretion, I felt this was over-zealous.

    1. Greywarbler “Personally I was highly alarmed and affronted, when they set up a road block in pursuance of elderly, mostly women, who had attended a meeting on euthanasia.”

      Correction. The police set up an illegal road block, and they admitted it. It specifically target members of Exit. The operation was apparently spear-headed by a Catholic cop, who one can assume was opposed to euthanasia.

      Exit, and what was VES, are a jolly bunch, possibly with a reasonable number of members of northern hemisphere extraction e.g. from the Netherlands, where euthanasia is not illegal.

      A more offensive aspect of this operation, was the assumption that the euthanasia supporters were suicidal, and the cops and copettes who did the follow up home visits, treated quite charming sophisticated retirees as potential suicides. Catholics like Bill English equating euthanasia with suicide, and saying it encouraged youth suicide, and petals like Maggie B describing it as a license to kill, effectively gave retrospective endorsement to the police action.

      The irony here, is that the deliberate under-funding and running down of the public health system by Bill and Maggie’s National govt, is why many of us who have tended the dead and dying, want control over our own end times.

      The bottom line for the police was the issue of people importing/acquiring illegal substances, but they seem incapable of distinguishing between euthanasia and suicide.

      A better use of their funding could be restoring community constables and engaging with the at-risk young. One former community constable in Naenae is still talked about for single-handedly clearing up what was a youth crime hot spot.

      1. Snow White I don”t know what your correction was about – I think what I said was perfectly true. If you want to add something to anything I say do that for sure in your own comment. I don’t need your judgments on the exact phrasing of what I say. You put your points and leave mine alone. I dislike nit pickers.

        1. Sorry Greywarbler – Perhaps I should have spelt things out in much greater detail.

          My correction referred to your statement that the police “set up a road block,” and then proceeded to act upon it.

          In fact the police set up “an illegal road block,” and then proceeded to act on it.

          I’ve not made judgment of you, or of the police, except insofar as to suggest that their funding could be better utilised.

          But I do think that there is a difference between a bona fide road block, and an illegal road block, and that the police probably should not have used an illegal road block.

          I say probably, because I am not privy to what information the police acting upon. My understanding is that that particular Sunday afternoon exercise, was prompted by the coroner’s comments at the inquest of a Wellington lady who had chosen to sign out. The source of the drug which she used, appears to have been a concern to the coroner, and to the police.

          Given the unknowns, it may have been reasonable to have an illegal road block, but I don’t think that they should have, even though, at that stage of their investigation they may not have known whether the drug source was a hardened nefarious criminal organisation, or ‘ elderly mostly women.’

          If I am nit-picking noting that the police set up an illegal road block, so be it.

    2. The police are on a roll. They are in the box seat and I await with interest the actions that will be visited upon innocent, honest kiwis.

  7. This is the problem when Governments get into the business of designing laws to target specific groups – ultimately our ‘peers’ get caught in the web. It is all very well to accept that the Police have discretion but in theory, that should not be acceptable in a fair and just society. Obviously, the Proceeds of Crime legislation creates a situation where the enforcement agency plays prosecutor, judge and jury. If their ‘determinations’ are challenged, the Police can use the State’s deep pockets to virtually ensure that for those caught in the web, usually stand to lose everything, including lawful acquisitions that have been inherited from previous generations. One has to wonder what would happen if similar laws were enacted to deal with, say, commercial profiteering, tax evasion or offshore banking.

  8. Dont know if anyone has read or heard of George Orwell s novel 1984. It is all about government control over the population
    And the police is its tool for enforcement.
    If you can look it up on Google.

  9. Typical.
    Done the crime. Did the crime – and the punishment never stops.
    Oh. While you’re at it – get the family and the employees as well.
    Plus the people who do business with the company.
    Yep. Root and branch. Grub ’em out!
    I’m sure I’ve read stories like this about people in Russian gulags and North Korean prison camps.

    Can we make this (and many other infringements) part of the election year?
    What would Soimon do?
    And the Olive Greens?
    NZ First? The law and order crew…
    Within their first 100 days.

  10. How close do we lie, to totalitarianism in NZ?

    Martin Luther King quote.

    “If I lived in China or even Russia, or any totalitarian country, maybe I could understand the denial of certain basic First Amendment privileges, because they hadn’t committed themselves to that over there. But somewhere I read of the freedom of assembly. Somewhere I read of the freedom of speech. Somewhere I read of the freedom of the press. Somewhere I read that the greatness of America is the right to protest for right.”

    —“I’ve Been to the Mountaintop” speech, April 3, 1968

    Back to NZ

    We don’t have freedom of assembly anymore.
    We don’t have freedom of speech, with the new hate speech laws being proposed and the constant defamation cases in NZ aka Hagerman, Colin Craig, Bob Jones cases…
    We haven’t had a free press since 1984 if even then,
    and I guess now, our increasingly totalitarian state is out to find a way to take someones assets over an accident that was not his direct fault, while other more negligent but politically protected ‘accidents’ remain unpunished!

    Interesting all the commentators from different political divides seem to agree, this is a bad turn of events for NZ.

  11. Bloody scary stuff not a mention of this in msm (that I’ve seen)
    This sort of shit should send a shiver up everyone’s spine……

  12. Transport law defence used to have a principle of determining if there was any “intent” – surely the drug dealer and law breaker can have an intent factor – there would not be one employer who wants to be responsible for an employee death. SO what is wrong with our law enforcement officers. We are getting great in the game of blame but weak on wisdom.

  13. I think that this man and his supporters should speak to Winston Peters. Recent news items show him to be very concerned about small to medium businesses right now, and I think he is the politician most likely to take up the cudgels on his behalf.
    (I may have posted this twice – I started to post it a moment ago and something appeared to go wrong in the process)

  14. I feel the families pain but sadly the primary cause of the explosion was an idiot act by a stupid person. Who in their right mind welds a fuel tank of any kind without venting it properly,,A wise man once told me that accidents are natures way of increasing the IQ of the human population by removing stupid people. Regardless of responsibility this is just one more sneaky backroom deal cooked up by an increasingly dishonest Government agency..One would hope that the Government in NZ still has control of its hit men and can reign in this idiocy before it brings down the Government. I does make you worry that we armed the fuckers. If the people en-mass rise up against the police they won’t find their guns will save them,..A lot of us have fought in wars and we know some shit.!!

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