Name Suppression

Marlborough Express on the Teachers Council

The Marlborough Express editorial about the woeful inadequacy of the former Teachers Council is particularly relevant, especially the bit about carping teacher unions.

Little wonder teachers are protective of the Teachers Council. It’s probably only polite since it has been so very protective of them.

Unhappily, this has been at the expense of accountability to parents and the public.

The new body is going to have strengthened abilities to exert disciplinary process on errant teachers; and it will have a much more independent look to it rather than the status quo of teachers sitting in judgment on themselves – which they’ve been doing in exquisite privacy.

Education Minister Hekia Parata says new legislation improves teacher registration, enhances reporting requirements and provides a greater range of options when dealing with disciplinary matters. That last bit is particularly important.

The PPTA believes the new body has too much policing power, such as naming teachers facing disciplinary inquiries, which raises the protest that it could jeopardise “natural justice”.

Let’s remind ourselves how well natural justice has been getting along under the Teachers Council.¬† Read more »

The law is an ass

Here’s a story from earlier this week that got pushed down the list, but it needs another airing. ¬†Get ready to be frustrated

A company that dismissed a Christchurch man for lying about serious criminal convictions on his job application has been ordered to pay $6750 in compensation and 75 per cent of three months’ wages.

The Employment Relations Authority (ERA) ruled the company had not given the employee a chance to respond to the concerns and their dismissal was unjustified.

The man had worked for the company from 2000 until April last year, when it was discovered he had lied on a job application about his convictions. He was dismissed after the discovery for providing “untrue and incorrect” information on the application.

In a letter confirming the dismissal, a manager said the company would not have offered him employment had it known about the offending. He also said the employee’s crimes, which occurred in the early 1990s, were serious, and were at odds with the company’s culture and values.

Unjustified dismissal.

You discover there is a serious lie on the CV of one of your employees that simply makes it untennable for continued employment, and the ERA back up the criminal.

Why could the guy lie about it? ¬† Read more »


Teachers unite against new Teachers Council

It is a true concern to me that the first reaction from the teachers against the more robust attitude of the new Teachers Council rules to expose the worst of the worst to full public scrutiny by banding together and trying to protect their own.

Teachers are uniting to fight for better representation on the new body replacing the Teachers Council.

The establishment of a new professional body for teachers – the Education Council of Aotearoa New Zealand (Educanz) – has the secondary schools teachers’ union going to battle over, what they say, are attempts to control them.

The Post-Primary Teachers Association is holding paid union meetings nationwide next month to inform teachers of the changes and encourage them to make submissions to the education and science select committee, which is overseeing the bill that was introduced to Parliament this month.

“It’s clear from the bill that the intention isn’t so much to raise the status of teaching as to remove professional autonomy and bring teachers firmly under the control of politicians,” PPTA president Angela Roberts said.

Actually, no.

We’re trying to get the teachers and their union to throw out the bad apples. ¬†By protecting these sexual deviants behind name suppression for so long, the PPTA have overplayed their hands. ¬† Read more »

This is how they treat scumbag teachers overseas


Photo.  Name.

Next, full details

A judge granted bond, set at $50,000 in cash, to a former teacher charged with having sex with several students. The judge set bond for Lori Quigley for all three counts she faces.

Police arrested Quigley a week ago at her Georgia home.¬†She resigned from her math teaching job about a week before her arrest. ¬† Read more »

Scumbag teachers to be named under new rules

Long time readers of Whaleoil will know my relentless exposure and mocking of the automatic name suppression rules surrounding teachers misconduct complaints.

Especially in the even when such suppression isn’t wanted by the victims and their parents. ¬†They too see that a career with a secret black mark on it isn’t going to necessarily protect future victims.

And have argued many times that if you are going to break the boundaries of trust, especially when it has a sexual dimension, why would anyone want to protect your future in the profession of teaching?

You fiddle with our kids, you’re toast.

Well, that’s not how it used to work, but come July 1, the new rules provide the framework for some rationalisation in this area

Mathew Backhouse expands on an APNZ piece

Teachers accused of misconduct can be named and disciplinary tribunal hearings will be open to the public under new Teachers Council rules.

The move comes after heavy criticism of the disciplinary tribunal’s closed hearings, particularly around the blanket name suppression rules.

Last year, Parliament’s regulations review committee found the tribunal’s name suppression practice was not in line with the Education Act, which clearly intended proceedings to be generally open to the public.

Teachers Council director Peter Lind today announced the changes to the disciplinary tribunal rules would come into effect from July 1.

There doesn’t appear to be an allowance for historical disclosure if the victims agree for suppression to be lifted, but at least this indicates a start of a more just reaction to deal with the predators that have made it in among our children.

Dr Lind said to protect young victims, the tribunal chair could still use discretion to close parts of the proceedings, order name suppression, or both.

Children aged under 16 will not be able to be named under the new rules.

“Open proceedings will help assure the public and the teaching profession that our disciplinary processes are rigorous and the decisions well-reasoned and robust,” Dr Lind said.

“We do make offending teachers accountable for their actions and the tribunal’s work helps make schools and early childhood learning centres safer for everyone’s children.

“Making the disciplinary proceedings more transparent will mean people can see that happening more easily.”

This blog will continue the pressure to ensure that the worst of the worst are ejected from the teaching profession rather than enjoy the protection and anonymity that they currently enjoy.

In a world where we are more concerned with the criminals rights rather than the lives of those they have destroyed, at least this appears to be a step in the right direction to address some of this imbalance.

Source confidentiality gets no respect while name suppression still handed out like candy

A Miami-Dade Crime Stoppers director was sentenced to jail on a contempt of court charge after eating paper in court.  Watch.

I realise there has to be balance in all things, but the courts are now regularly abused by litigants looking to get information on the tipsters and sources that got them in trouble in the first place.

Perhaps on court days I’ll skip breakfast and print my notes on rice paper from on.

Name suppression taints all male sports therapists

Predators should not be protected.  Brendan Manning reports

A sports therapist found to have behaved inappropriately during a massage session breached the Code of Health and Disability Services Consumers’ Rights.

The client’s first treatment involved a deep tissue massage to her leg which she felt effectively relieved her pain and so booked a second appointment, according to a statement from the Health and Disability Commissioner.

However, on her second appointment, when massaging the woman’s leg, lower back and neck, the therapist asked the woman to remove her vest jacket and skivvy. She was not wearing a bra.

How dumb do you have to be?

This dumb ¬† Read more »

HoS editorial on Name Suppression for the “Politician”

The Herald on Sunday followed up its story about the “politician” from the leafy suburbs with an editorial about the same case.

The editorial drops some hints as to the identity. Please do not take that licence to guess in the comments…to do so will get you the ban hammer faster than Pete or Travis can swing it.

He is one of the wealthiest men in New Zealand. He supports MPs who changed the law to expressly state that a defendant’s public profile should not, of itself, be grounds for keeping his identity secret.

And, in an acrimonious, multi-million dollar marriage break-up, this man was alleged to have grabbed or touched his wife’s neck, and admitted trying to kick in the door of their home and shouting abuse at her.

But in the Family Court this week, Judge David Burns ordered that the man’s identity be indefinitely suppressed – that anyone who even whispers at his identity be liable to three months’ imprisonment or a $2,000 fine.

Why? It is because his Queen’s Counsel, Lady Deborah Chambers, used a clause in the Family Courts Act to have him categorised as a “vulnerable person”, as both he and his wife had unsuccessfully sought protection orders against each other at the height of the drawn-out, torrid break-up.¬† Read more »

Do people like this have a place in politics?

A high-profile political figure has won the right to keep details of his divorce secret after a judge ruled he was a “vulnerable person”.

His messy divorce case included allegations of espionage, infidelity, dognapping, theft, the involvement of three Queen’s Counsel, and a disputed allegation the man grabbed or touched his wife’s neck, tried to kick in the door of their home and shouted abuse at her.

The couple were involved in a protracted legal battle through the Family Court. The ex-wife has sought the right to speak publicly and to her friends about the break-up, but the husband has fought to keep the dispute secret.

How can anyone be a high profile political figure and at the same time “vulnerable”.

If you enter politics, you get to make judgements about other people.  You get to influence policy.  You get to make decisions over the careers, lives and families.  This person, at the very least, should have no say or influence over many political policy areas.

But how can we make sure someone that kicks in the door and “grabbed or touched” his wife’s neck is kept well away? ¬†Why the code of silence?

It seems to be an upside-down situation to have someone who has alleged involvement in espionage and theft in a high profile position in a political party be protected from public scrutiny and the public’s judgement as to this person’s suitability. ¬† Read more »

Is judge Jane Farish a mother? Is Jacinda Ardern?

A reader isn’t happy. ¬† At all.

First, David Clarkson’s article starts with

Name suppression has been granted to protect the chances for rehabilitation and forming “appropriate adult relationships” for a repeat viewer of child abuse pornography.

Probation has even been forbidden to contact the 36-year-old¬†Christchurch¬†man’s current employer in case the inquiry leads to him losing his job.

Probation would normally ensure that his job – he’s on a 90-day probationary period at the moment – does not bring him into contact with children, and doesn’t give him access to the internet.

Christchurch District Court Judge Jane Farish said she would view it as contempt of court if probation did contact the employer. She was concerned that probation would label him as a sex offender, when he had never abused children.

“He has used child pornography because of difficulties having adult relationships,” said the judge.

If probation found that there were problems with management of the eight-month home detention sentence she imposed, they should refer the case back to her. She will regularly monitor the man’s progress.

He will continue with psychological counselling that he has already started. It will be paid for by his parents because probation has no money available for it. The man will live at his parents’ home while serving home detention. The house has no internet access.

And now, our reader’s views on this matter¬† Read more »