Crypto accountant warning investors that tax collector is coming for them

Source: Radio New Zealand

Last year IRD signalled it was honing in on people dealing crypto who were not declaring their income. Supplied

A crypto accountant is warning investors that the tax collector is coming for them, with seven out of ten people trading in crypto assets currently side stepping their tax obligations.

In July last year IRD signalled it was honing in on people dealing crypto who were not declaring their income.

The Department had identified had 227,000 unique crypto asset users in New Zealand undertaking around 7 million transactions with a value of $7.8 billion.

Accountant Tim Doyle specialises in cryptocurrency and said nearly a third of his clients have now received letters from IRD calling in tax they owe.

Doyle told Checkpoint while the law does outline that tax must be paid on crypto, the reality is a little more confusing.

“New Zealand doesn’t have a capital gains tax, so you can own property or own shares in companies and not have to pay taxes,”

“But with crypto because it’s digital because it’s intangible, ID have the default position that it’s a speculative investment and people have it likely acquired it for the purpose of disposal and that’s why they want to tax every single dollar of gains from it.”

Not everyone has to pay tax on crypto, it is only when the crypto is acquired with an intention to dispose that it must be paid.

“So that’s actually going to capture most investors or most crypto investors.”

An investor can have crypto sitting for as long as they like without having to pay tax on it, but as soon as they sell it, tax comes into play.

“As soon as they sell it to New Zealand dollars or they sell it from one token to another, that’s the time that any gains or losses are realised, and that’s the taxable point.”

Doyle said the amount of unpaid tax on crypto was “significant”, and over the past few years his business alone has been filing two to three voluntary disclosures a week.

The tax bills that have come through his office range from a few thousand dollars to a few million.

He said he has one client currently owing around $600,000, after his crypto took a huge dive.

“He put $100,000 New Zealand dollars into crypto, he was able to turn that into about $1.6 million over a couple of years… he took those tokens and he moved them into another token, which is a taxable event.”

“Rather than cashing it out and paying his taxes because he didn’t know about crypto tax, he left his crypto investment in the market.”

Doyle said the investments declined in value, back down to $100,000, leaving the client with a debt he doesn’t have the wealth to now pay.

He said it is clear there has been a stronger crackdown from IRD recently.

“I think there’s a strong mandate from this government to not only crack down on crypto tax, but just wider taxes as a whole.”

“Certainly IRD are sending out letters and requesting information on crypto from investors.”

Every single dollar of crypto is taxable at a taxpayers marginal tax rate, which could be as high as 39%.

“It’s treated the same as normal income, which is quite unfavourable and perhaps inconsistent from other asset classes.”

Doyle said cryptocurrency asset holders who are owing tax will first receive a warning letter from IRD, and may face an audit.

If the asset holder then doesn’t become compliant, further steps will be taken.

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Proposed Waikato housing subdivision sparks land occupation

Source: Radio New Zealand

The occupation site near the shores of Lake Whakamaru in Waikato. LIBBY KIRKBY-MCLEOD / RNZ

A proposed 66 house subdivision near the shores of Lake Whakamaru in Waikato has sparked a land occupation by a local hapū.

But the issues Ngāti Te Kohera were fighting for go much deeper than the one development; and they might not be easy to solve.

When Jonathan Quigley set about asking for his land to be rezoned from rural to rural-lifestyle, he thought he did everything right.

“We consulted extensively with iwi and they helped, through conversations with them, they helped essentially inform the end result,” he said.

He said the feedback from iwi leaders he engaged with was that the consultation had been well done.

“So, you can imagine our surprise when we then had an occupation start on the end of the first day of the [plan change] hearing,” he said.

Ngāti Te Kohera hapū representative Craig Ahipene said they had problems with the proposed development culturally, environmentally and legally – and thought it would just be an eyesore.

However, many of the group’s concerns go back to the history of how the land fell into private hands, and to the way the crown developed the hydro lake in the first place.

“The river was flooded to form the new hydro lake that is there today. Unfortunately, the crown at the time didn’t allow us, and other hapū, to remove our dead,” Ahipene said.

The land near the shores of Lake Whakamaru in Waikato. LIBBY KIRKBY-MCLEOD / RNZ

This meant any development near the lake which might result in pollution of the river was deeply concerning to the hapū.

“Human waste that goes into that river is a grievous cultural harm to the mana and tapu and mouri of our dead ancestors, and ourselves as well because we are the protectors of that.”

Quigley said the proposal took that concern on board and had been developed so no sewage could get in the river, along with mitigating other environmental concerns.

Local Hope Woodward was against the development and said it might be well planned but the lakeside was not the place for 66 houses.

“It’s going to be an environmental experiment basically and this space just doesn’t need it,” she said.

She wanted the area to be protected as undeveloped land.

“We don’t have a lot of spaces like this left around our country and this is only going to set a precedent for further developments.”

The occupation was not on Quigley’s land but on the public land reserve right in front of it.

He said he’d been told the area was now under a rāhui and restrictions apply to when and how he and his family could use the reserve.

A South Waikato District Council spokesperson said it was aware of public access being restricted to the site and had seen reports of an apparent rāhui being put in place for part of Lake Whakamaru Reserve.

“However, this has not been officially communicated to us in any form. Raukawa, as the iwi who carry mana and responsibility for the hapū currently occupying the area, are the appropriate body to work with the group on this matter,” the spokesperson said.

The council said it respected the group’s right to peaceful protest, with maintaining public access to the site and the safe management of any fire present being its key concerns.

Both Quigley and those occupying the land said interactions at the lake are generally respectful, though online things have got personal.

“I’ve received death threats via Facebook, so that’s not fun,” he said.

Quigley felt lies had been spread about him and the development online, and it was an enormously stressful situation for his whole family.

“My wife is pretty strung out knowing what I’m going through, my kids are old enough to see that it’s having an effect, and it’s all for stuff that’s not actually accurate.”

Jacinta Rata had been occupying the land since day one and said the occupation was affecting those taking part.

“We’ve all had to sacrifice a lot to be here on the ground,” she said.

She said it wasn’t a situation anyone wanted, even those taking part in the occupation.

“But you know, I think if we didn’t do it, it would be harder to live with… if we didn’t do anything,” she said.

Ahipene said regardless of the outcome of the proposed development, the hapū expected the occupation to continue until they could preserve the land.

And that’s bigger than Quigley.

“The crown basically has created this problem through its processes in history and so the crown needs to be part of the solution as well,” said Ahipene.

Not that he had much faith in the current government. His faith was with where he felt the mood of the public was.

“The majority are against this [government’s] attack on the environment, we’re against this attack on Māori rights,” he said.

The proposed plan change was now with South Waikato District Council planning commissioners, and a decision was expected in the next few months.

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Millions spent on new speedway track at Auckland’s Waikaraka Park

Source: Radio New Zealand

Millions of dollars have been spent on a new speedway track at Auckland’s Waikaraka Park, with drivers calling it “a win” for the motor sports community.

An $11 million construction project has finished just in time for the first Auckland race of the 2025-2026 speedway season on Saturday.

Speedway New Zealand, the governing body of the sport in Aotearoa, certified the safety of the new track on November 26.

It was the first new speedway track the country had built in the last 25 years.

Midget car driver Ben Morrison was stoked to test out the track for the first time on Thursday, a year after the upgrades were first announced.

Midget car driver Ben Morrison. RNZ / Marika Khabazi

“We’ve all followed the progress on social media and seen how it’s tracking. Huge credit to the people who have been building this in the wettest months of the year, and they got it done just in time.

“It was a whole lot of fun out there. I think it’s got potential to be the best track in the country.”

In October 2024, Auckland Council made the controversial decision to end nearly 100 years of speedway racing at Western Springs and move all speedway to Waikaraka Park in Onehunga.

Sprint car driver Luke Brown, who also owned and worked on his car, said it was sad to see speedway end at Western Springs.

“It is sad that Western Springs is gone. Awesome place, awesome venue, awesome history.”

But he said the new track was a massive improvement from what the city had to offer before, and it made more sense to have a single venue for motorsports.

The new and improved speedway track opens on Saturday. RNZ / Marika Khabazi

“For me, I think it’s a vast improvement in terms of spectator viewership and potential sponsorship. It’s one facility run by two different groups. It’s the best of both worlds; you can pick and choose which [speedway] classes you want or don’t want to see.

“The facilities are good, and they’re only going to get better. Overall, I think it’s a win.”

After its facelift, Waikaraka Park now sported a wider track, new lighting and toilet facilities, and an improved speedway safety wall and catch fence.

A new pit area had been built, fitting up to 130 racers at a time, 40 more than before. The pit would also be open to fans during racing, for them to mingle with drivers.

There was also a new heritage wall, honouring the track’s history from when speedway racing started there in 1967.

Auckland Stock and Saloon Car Club, which hosted speedway events at Waikaraka Park, said at the moment, the venue could accommodate 4500 spectators at a time, with 3000 in the grandstand.

Waikaraka Park can accommodate 4500 spectators at a time. RNZ / Marika Khabazi

Club promoter Bruce Robertson said the new track, designed by an architect who is a former speedway driver, was similar to international speedway tracks.

“We’ve really got a great facility here for racing and the track’s banked as well, which is unusual for a New Zealand track; there’s only one other that has a banked track. This is something they’ll get used to and enjoy American-style racing.”

He said the consolidation of speedway in Auckland to just one venue means drivers and fans would have a better experience.

“There’s still some thinking Western Springs [speedway] should continue on. But if this [upgrade] wasn’t done, they would have nowhere to race.

“I’ve invested a lot in Western Springs, unfortunately, but times have changed.”

They were expecting sell-out crowds for their upcoming events.

Racing will return on Saturday. RNZ / Marika Khabazi

Waikaraka Park had a lease in place until 2051, with the club, which would now host all four-wheel speedway classes, including the open wheel classes that previously raced at Western Springs.

Meanwhile, the Western Springs Speedway Association was taking Auckland Council to court.

Spokesperson Jason Jones believed having just one venue for speedway would not help the sport’s growth.

“We’re happy for Waikaraka, but it’s not a solution for the entire sport whatsoever.

“Anyone who says it’s a great thing for speedway moving forward is not being truthful.”

He argued Western Springs could accommodate larger crowds, which would attract more money from sponsors.

“A key aspect of the business model with motorsport is sponsorship, if you own a car or your race, and that’s solely based around bums on seats. The less people you have at a venue, the less exposure you have for your branding, and the less likely it is for you to gain sponsorship.”

Celebrating the opening of the new track, Tātaki Auckland Unlimited (TAU) chief executive Nick Hill said focusing on Waikaraka was the right call.

Tātaki Auckland Unlimited (TAU) chief executive Nick Hill. RNZ / Marika Khabazi

“Not everybody has been supportive of these changes and the consolidation, but that’s the history of all sporting venues when they consolidate or move somewhere new.

“People are very passionate about their experiences with sport, and there’s a lot of history with the [speedway] venues. But this secures the future of speedway in Auckland in one place, and at one venue.”

TAU were looking at adding more spectator seating at Waikaraka Park in the future.

Auckland Council was expected to make a final decision about how Western Springs Stadium will be used going forward early next year.

Racing will return to Waikaraka Park from Saturday, November 29, for stock and saloon cars, followed by open-wheel racing on Saturday, December 13.

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Dunedin man charged with arson over Waikaia fire from almost two years ago

Source: Radio New Zealand

The fire which took place at a home on Elswick Street on 21 February 2024. Police / supplied

A man has been charged with arson in relation to a house fire in the Southland town of Waikaia that happened almost two years ago.

Emergency services were called to the home on Elswick Street on 21 February 2024, where the blaze caused extensive damage.

Damage from a fire in Waikaia, February 2024. Police / supplied

On Wednesday police charged a 35 year old Dunedin man with arson who was due to appear in Gore District Court on 17 December.

Detective Sergeant Brian McKinney thanked members of the public who provided information to police for their investigation.

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National MP Carlos Cheung says he is ‘deeply saddened’ over Hong Kong fire

Source: Radio New Zealand

People look on as thick smoke and flames rise during a major fire at the Wang Fuk Court residential estate in Hong Kong’s Tai Po district. TOMMY WANG / AFP

National MP Carlos Cheung and several other Hong Kong New Zealanders have expressed their sadness and concern over the major fire that has killed dozens.

The blaze engulfed multiple residential towers in Hong Kong’s Tai Po district.

“I am deeply saddened by the devastating fire in Hong Kong last night,” MP Carlos Cheung said.

“As someone who was born in Hong Kong and came to New Zealand as a teenager, this tragedy feels especially close to home. My heart goes out to all the families who have lost loved ones, those who are injured, and everyone affected by this horrific incident.”

The fire, which has engulfed multiple residential towers in Hong Kong’s Tai Po district, has killed 44 people with around 270 missing.

“I also want to acknowledge the bravery of the first responders who put themselves at risk to save others,” Cheung said.

“As a New Zealand Member of Parliament, I stand in solidarity with the people of Hong Kong during this incredibly difficult time, and I hope for a full and transparent investigation so that answers and accountability can be found.

My thoughts are with all those grieving and with the survivors who now face an unimaginable recovery.”

The complex includes 2000 apartments and houses over 4600 people, many of whom were pensioners.

A Hong Kong New Zealander says he and his friends are saddened by the big fire in Tai Po.

Garry Ko, a committee member at the Hong Kong New Zealand Business Association, says he used to live close to the area where a few high-rise buildings are on fire.

“As someone born in Hong Kong, I’m really saddened when I saw news about the fire. Although I [have left] Hong Kong now, Tai Po is always home in my heart,” he says.

Garry Ko says he has been keeping a close eye on the response to the blaze and his organisation will discuss what they can do to help.

Another Hong Konger living in New Zealand Anthony Lo says he hopes these who are unaccounted for in the fire could be found safe.

Three men have been arrested on suspicion of manslaughter in relation to the deadly blaze – two directors and a consultant of a construction company.

All election-related work has been paused in the city.

– RNZ/CNN

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Death of Caleb Moefa’auo after being pepper sprayed haunts Corrections staff

Source: Radio New Zealand

An image of Caleb Moefa’auo positioned in the witness box at an inquest into his death in custody. RNZ/Felix Walton

A Corrections officer says the death of a man they pepper sprayed in Mt Eden Prison has stayed with them.

The second phase of a Coronial Inquest into the death of Caleb Moefa’auo is underway in the Auckland District Court.

It will focus on the circumstances of his death, how his mental health contributed to what happened and whether the officers involved adequately took this into account.

Moefa’auo had been previously diagnosed with schizoaffective disorder, and was staying at Tiaho Mai – a residential unit to support people with mental health issues – after pleading guilty to aggravated assault and shoplifting in June, 2021.

He was sent to Mt Eden Corrections Facility in December, 2021 after allegedly assaulting a fellow patient at Tiaho Mai, and was later placed in the prison’s Intervention and Support Unit, after being found to be at risk of self-harm.

The 26-year-old had a cardiac arrest after being pepper sprayed in 2022, in an altercation over returning towels following a shower.

Caleb Moefa’auo was only 26 when he died. Supplied

On Thursday, the officer who sprayed Moefa’auo gave tearful evidence, pausing a number of times to wipe their eyes.

The officer, who cannot be named, had been charged with assault but was acquitted in a trial by jury.

They said they would’ve approached Moefa’auo differently, if they had known more about him.

“It wasn’t until after his death that I found out that he had come from an acute mental health ward, hadn’t been taking his medication, and had not slept the previous night,” they said.

“Looking back now, I think I would have approached him differently if I had known more about him. The more information about the people we are looking after, the better decisions we can make.”

The officer believed using pepper spray was necessary to gain control of the situation.

“I want to be clear that my decision to use pepper spray was not because Caleb had more than one towel,” he said.

“The towel issue was what started the interaction, but my decision to draw and then use spray was about the situation becoming unsafe, and needing to regain control.”

The officer said they drew the spray as a warning, but couldn’t see any sign of Moefa’auo following instructions.

The officer said the decision to use pepper spray was made in good faith.

Looking back, the officer said he might have tried talking to Moefa’auo for longer or creating more space between them.

“At the time, I saw risk from Caleb’s non-compliance, his size, his raised and agitated behaviour, and the wet towels which can be used as a weapon or ligatures.”

The officer addressed Moefa’auo’s family who sat sullenly at the back of the courtroom.

The parents of Caleb Moefa’auo, Fereti Moefa’auo and Justine Lauese. Nick Monro

The officer choked back tears as they spoke about the impact of Moefa’auo’s death.

“Caleb’s death has stayed with me,” they said.

“I have replayed those moments many times in my mind and have reflected deeply on what happened that day, what began as a situation I believed I needed to manage for safety reasons ended in the outcome that none of us could have foreseen or wanted.”

They recognised the deep loss the Moefa’auo family carried, the officer said.

‘I try talk to the prisoners like they’re human’ – staffer says

The Coroner’s Court heard earlier on Thursday from another Corrections officer who tried to take Moefa’auo’s towel prior to him being pepper sprayed.

In phase one of the inquest, which took place in July, Counsel assisting the Coroner, Rebekah Jordan, outlined the series of events leading up to Moefa’auo’s death.

He had taken a shower that day, and used three towels to dry himself.

Caleb pictured with his mother. Supplied

After taking a fourth, an acting senior corrections officer approached him, holding a can of pepper spray.

Moefa’auo was told to pass the towel to another officer, which he did, before being directed to get on his knees.

When Moefa’auo began to rise, the acting senior officer shouted at him, before spraying him.

“Caleb was clearly affected by the pepper spray. A number of officers restrained Caleb on the ground and placed him in handcuffs… While this was happening Caleb repeatedly apologised and made the first of a number of comments that he could not breathe,” Jordan said.

The officers took him back to his cell, where he stopped responding.

The Corrections officer on Thursday said as they read their statement Moefa’auo was “passively resisting” when asked to hand the towel over.

“At the time of speaking to Caleb about the towel, I didn’t perceive him as a threat,” they said.

“The response that I was using to get the towel from Caleb, I believe, was appropriate, in that it was verbal communication, and I felt that I was going to be able to safely resolve the situation by talking to him.”

However, as Moefa’auo went to pick up more towels, he was confronted by other officers and the situation escalated, leading to the pepper spraying.

Coroner McKenzie asked the staffer how they balanced looking after their own safety with the safety of inmates in their day to day prison work.

“Is there an emphasis on one safety over the other,” she asked.

“Ever since I started this job, I try talk to the prisoners like they’re human, because they are,” the staffer said.

“I never go high, I never go low, I try and stay in that level with them, try and gain compliance, and that’s how I build my confidence in dealing with prisoners.”

Officer Scrutinised by family’s lawyer

The lawyer representing Moefa’auo’s family, Sam Wimsett KC, grilled the officer on the stringent rules around towels.

A badge made by the family of Moefa’auo. RNZ/Finn Blackwell

“Is it written down somewhere, what you were told?” he asked.

“Not to my knowledge” the officer replied.

“Is there a manual with these types of things?”

“Not that I know of,” the officer responded.

He asked if the officer thought they could’ve given Moefa’auo more of a warning, to which the officer agreed.

Wimsett pointed out pepper spray fell under the use of force, and that the physical use of force was meant to be the final option.

He questioned what other options the officer used to try de-escalate the situation.

“No other options,” the officer said.

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Turning old bread into flour and then into tasty tortillas

Source: Radio New Zealand

What started with a “stir crazy” chef armed with a Nutribullet during lockdown, is now an award-winning company looking to tackle a major element of the country’s food waste problem.

Rescued Kitchen is aiming to cut down on one food most commonly ending up in the bin – bread – which it is turning back into the very flour it was made from.

This week it was revealed Kiwis are wasting over one million tonnes of food each year.

While the business is currently only able to make a small dent in this number, a major upscaling operation means they are hoping to eventually take a mighty slice out of the country’s food waste.

Royce Bold, the inventor of Rescued Bread Flour, admits taking bread back to the main ingredient it started as is not an easy idea to get your head around.

He said while it may be scientific, it is not rocket science.

“Bread is pretty much 70% wheat, 30% water, a little bit of yeast salt and sugar, that’s good old-fashioned bread.”

“We dehydrate the bread, and once it’s got the right water activity it’s then ground into a fine power, it’s then sieved and that’s when it becomes bread flour.”

From there, the flour goes into cakes, biscuits, baking mixes and more, acting as a more sustainable substitute to a regular flour.

With the flour and the various treats it is made from now being supplied to hotels, catering companies and other businesses, it is fair to say things have come a long way since Bold first came up with the idea.

“Basically, I made the first batch of bread flour during lockdown in my oven and a Nutribullet and it was one of those ‘what the’ moments.”

The bread is donated by supermarkets two days before its sell-by date.

While it doesn’t act exactly like the flour people are used to, Bold said it has it’s own unique selling points.

“The first thing I made out of it was a sweet pastry and it rolled really well which I was quite amazed with, and then when I cooked it, it had a really unique oatiness to it and a really short crumble to it and it was kind of a taste sensation, and then from there I was like this has got limitless applications.”

Five years later, Bold isn’t the only one enjoying the recycled flour.

When Arturo Luna from Remarkable Tortillas was approached by Bold with the idea to try out a batch of tortillas using the bread flour, he didn’t hesitate to jump on board.

It hasn’t all been smooth sailing, Luna said he has lost track of the number of tweaks that have been made since the first trial.

“It wasn’t a straight path, we were doing a good job at the beginning and said yeah it’s working, but one thing is you finish a product and it looks nice, then you also have the shelf life of the tortilla is important, and the texture and the flavour and the actual product itself not moulding, there’s so many variants.”

But after all that trial and error, the tortillas have exceeded all expectations, with the company planning to soon produce their smallest tortilla size using only recycled flour.

“From the feedback we have been getting, the flavour is better than a usual flour tortilla, and it has a more rich flavour, it has a little bit of bread flavour in there which makes it nicer than just a flour tortilla, it’s nice and soft, and it’s sustainable.”

Bold said it is collaborations like these that have allowed them to continue to scale up.

Now they’re not just saving bread.

Twice a week a huge shipment of tomatoes arrives.

Too red, too orange, or too green, too small, too wonky or just not quite right. To the naked eye they look delicious, but they are not good enough to make into onto the supermarket shelves.

While they used to be binned, the Rescued Kitchen transforms them into chutneys, relishes, and the sauce that ends up in school lunches around the country.

But Bold said it is still just the beginning.

“So far we’ve rescued about 200 tonnes of bread, which is quite substantial, but unfortunately it’s just the tip of the iceberg.”

The current process to make the bread flour can take up to a week to make 400kg of the flour, and the time makes the product expensive.

Now the team are partway through upscaling to different system that can process one tonne of bread a day.

“We’ve done a bit of difference, but the only way that we can truly make a difference in the food waste problem that’s facing our planet, not just NZ but our whole planet is by scale.”

The team at Rescued Kitchen hopes to have an upscaled production system up and running by early next year.

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Finance Minister urges banks to slash home loan rates after latest OCR cut

Source: Radio New Zealand

Finance minister Nicola Willis said banks should pass on as much as possible. (File photo) Nick Monro

Finance Minister Nicola Willis has urged banks to slash their home loan rates by passing on “as much as possible” of the latest cut to the official cash rate (OCR).

Banks began dropping floating rates on Wednesday after the Reserve Bank cut the OCR by 25 basis points, as expected, to 2.25 percent, the lowest since June 2022.

Speaking in Auckland on Thursday, Willis said the Reserve Bank would monitor how banks responded to the OCR cut, but she hoped it would flow through to mortgage-holders.

“My message to the New Zealand banks is a very clear one: pass on as much as possible,” she said.

“When you do, that makes a significant difference to our economy. And actually, as some of New Zealand’s biggest businesses, you have a stake in this economy. So pass those rates on.”

In its forecasts released on Wednesday, the central bank said the risks for inflation were “balanced”.

Willis told reporters she expected the economy to pick up and inflation to come down even more next year, meaning a real difference to the cost-of-living.

“Conditions are going to get easier for a lot of New Zealand workers and families,” she said.

“All of the data and indicators I’m seeing tell me that next year will be a lot better.”

Willis accepted people were under “no obligation” to believe her analysis until they started feeling the improvement for themselves.

“New Zealanders have been very resilient,” she said. “Your efforts are not in vain… we have better times ahead of us.”

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Judge Ema Aitken has bid for legal clarity rejected before conduct hearing

Source: Radio New Zealand

Judge Ema Aitken allegedly shouted NZ First leader Winston Peters was lying. RNZ Insight/Dan Cook

A judge accused of disrupting a New Zealand First event has had her bid for legal clarity rejected.

District Court Judge Ema Aitken was accused of disrupting a function at the exclusive Northern Club in Auckland last November, allegedly shouting leader Winston Peters was lying.

She argued she didn’t shout, she didn’t recognise Mr Peters’ voice when she responded to remarks she overheard and she didn’t know it was a political event.

A judicial conduct panel – made up of retired Court of Appeal Judge Brendan Brown KC (chair), sitting Court of Appeal Judge Justice Jillian Mallon and former Governor-General Sir Jerry Mateparae – will review Judge Aitken’s conduct at a hearing next year.

This week, at a preliminary hearing in Wellington, Judge Aitken’s lawyer, David Jones KC, sought to clarify the legal test for judicial misconduct justifying removal from the bench.

“You have to have something to aim at, you have to have something to establish,” he said. “Here we have the difference – for example – between misconduct and misbehaviour, and we have to know how egregious that has to be, in order for the contemplation of removal to be considered.”

Special counsel Jonathan Orpin-Dowell, one of two lawyers presenting allegations of misconduct to the panel, replied that parliament didn’t intend to set a threshold for misbehaviour.

In a decision released this week, panel chair Brown KC said he wouldn’t decide on a legal test before the hearing, when each case depended on its own facts.

“In the circumstances where we have not read any briefs of evidence, we are currently operating in a factual vacuum,” he said. “In any event, we cannot make findings of facts, until we have heard the evidence [including cross-examination] at the hearing.”

There wasn’t any prejudice against Judge Aitken by not ruling on a legal test, as she has the statement of allegations made against her, Brown KC said.

Judge Aitken’s lawyers sought clarity over the word “heckled” in the allegations made against her, saying the Oxford Dictionary‘s meaning of “interrupting a public speaker with derisive or aggressive comments” wasn’t appropriate for the circumstances.

The request was declined by the panel, who agreed with the opposing lawyers that the word would be considered in the hearing.

Jones KC also sought to clarify the level of knowledge or intention which would need to be established at the hearing.

The Special Counsel said the allegations against the Judge were that she “either knew, or in the alternative, ought to have known she was commenting on politically contentious matters” when she spoke at the event.

Jones KC argued the hearing would need to establish Judge Aitken knew of the political context when she spoke at the event – not what she, as a judge, ought to have known.

He questioned whether the lawyers were making an allegation of dishonesty against the judge in their case against her, but the special counsel submissions were that there was no specific allegation of dishonesty against the judge.

The panel said the question of what the judge knew would be considered in the hearing and it wouldn’t make a ruling on it in advance.

The judicial conduct panel will consider Judge Aitken’s behaviour at a hearing in February.

It will determine facts and write a report to the g-eneral, including whether the removal of the judge is justified.

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– Published by EveningReport.nz and AsiaPacificReport.nz, see: MIL OSI in partnership with Radio New Zealand

New Zealand King Salmon falls to loss

Source: Radio New Zealand

NZ King Salmon/Supplied

New Zealand King Salmon has fallen to a loss in the eight months to September thanks to an abbreviated reporting period after changing its financial year, and lower salmon weights reducing harvest volumes.

Key numbers for the 8 months ended September compared with 12 months to January 2025:

  • Net loss $6.3m vs net profit $13.4m
  • Revenue $117.7m vs $210.9m
  • Operating profit $7.1m vs $29.7m
  • Sales volumes 3,260 MT vs 6,582 MT
  • No dividend
  • NB: King Salmon has changed its reporting year from January to September

The company reported a net loss of $6.3 million for the 8 months ended 30th September 2025 compared to a net profit of $13.4 million for the 12 months ended 31st January 2025.

New Zealand King Salmon chairperson Mark Dewdney said the results were the first under its revised balance date, reflecting the shortened reporting period.

The company has been grappling with low fish weights in recent years, which reduced available harvest volumes.

“Despite facing some challenges with fish performance over the 24/25 summer, we have made significant strides by strategically investing in our future growth,” Dewdney said.

Chief executive Carl Carrington said the company had “several initiatives underway to strengthen our core business and improve fish health and performance, some of which are already yielding meaningful results”.

Among the initiatives was a deliberate decision to reduce harvest volumes to rebuild stocks, and trialling new diets to increase salmon weights.

The company projected 2026 operating profit to be between $9m and $15m, with a harvest volume between 5500 and 5900 metric tonnes.

Capital expenditure was forecast between $28m and $36m.

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– Published by EveningReport.nz and AsiaPacificReport.nz, see: MIL OSI in partnership with Radio New Zealand