Black Caps captain Mitch Santner wants T20 franchise league in NZ

Source: Radio New Zealand

Black Caps white ball captain Mitch Santner. PHOTOSPORT

Two of the biggest names in the Black Caps have backed a proposed T20 franchise competition in New Zealand.

RNZ understands a bid by a private consortium to establish a new T20 competition has led to a power struggle over the future shape of the domestic game.

New Zealand Cricket this week played down any internal rifts over the proposed new league but it’s clear where the players stand.

Black Caps white ball captain Mitch Santner told The Cricketers’ Network podcast it would be a great opportunity.

“We’ve seen it kind of work around the world already…we’re the kind of the last country,” Santner said.

“It’s a really exciting opportunity especially domestic players …you still have Ford Trophy, Plunket Shield, and then you’ve got a franchise league where, you know, you can show your skills against some of the best – obviously our domestic players and you get some good overseas and a lot of people watching.

“I think it’s a great opportunity if we can kind of get it going and it sounds very promising so hopefully we can get it all go ahead.”

Santner believed it would push the quality of the players coming through.

“[In the] IPL for example, you know, you see all these young guns coming through that you’ve never heard of and they stand up on that stage and then they, you know, they’re ready for international cricket.”

One of New Zealand’s most explosive batters Daryl Mitchell told The Cricketers’ Network podcast, that it needed to happen.

“We as a playing group are really excited about the opportunity of NZ20. We think the growth that it will bring here in the game in this country would be amazing,” Mitchell said.

“To think that we are probably the only major test playing nation that doesn’t have a franchise tournament is something that needs to happen. It needs to I guess continue to help grow the game not only for us international players but for domestic players and for the next generation of Kiwis that want to play cricket.

“…[It’s] only going to help make not only our own domestic players better but our New Zealand team as well. So I think it’s a great concept and I’m really looking forward to see it happening.”

Daryl Mitchell. © Photosport Ltd 2025 www.photosport.nz

While cynics might argue New Zealand doesn’t have the population base to make a franchise competition work, Mitchell believed world class players would sell out grounds.

“You only need to see how much Kiwis love sport and love cricket in New Zealand. I think you know if you can have city against city taking on each other and you watch the Kiwis get behind NZ20, it’s going to be a short four-week tournament over January. I just think it’s a great concept that’s going to help improve infrastructures around the country as well.”

Mitchell said the proposed competition would be great for up and coming players.

“When I was starting out… HRV Cup is what it was called then, we’d get overseas players and the likes of Chris Jordan and Ben Laughlin and those guys when I was 19/18. The knowledge that they passed on to me was invaluable… it’s something that with franchise cricket and NZ20 you learn so much.

“Imagine a Phil Salt or someone like that coming into our environment and helping teach the next lot of opening batters I think it can only help in that sense as well so yeah it should be pretty cool.”

NZ Cricket said the organisation was “considering the merits of the NZ20 proposal”, along with other options, as part of broader work looking at the future of domestic T20 cricket in New Zealand.

Among the options being considered as part of ‘Project Bigger Smash’ is exploring ways to monetise the existing Super Smash competition, or entering New Zealand teams in Australia’s men’s and women’s Big Bash competitions.

The independent assessment was expected to be completed in the first quarter of 2026.

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National MP Catherine Wedd leads e-scooter rules revamp

Source: Radio New Zealand

More than 7000 e-scooter accidents have been reported this year. RNZ / Marika Khabazi

National MP Catherine Wedd has branded e-scooter rules “outdated”, and is spearheading a campaign to take them off the footpath and into dedicated bike lanes wherever possible.

Accident Compensation Corporation figures show claims for e-scooter injuries have almost doubled in five years, with 7257 reported so far this year at a cost of almost $14 million.

The Member of Parliament for Tukituki in southern Hawke’s Bay claims regulations around the use of e-scooters have not moved with their increased use around the country and hopes to drive change by the middle of 2026.

NZ Transport Agency says e-scooters can be used on the footpath or the road – but not in designated cycle lanes that are part of the road, which are designed for the sole use of cyclists.

“I believe it is outdated and dangerous, and we have work underway to change it by the middle of next year,” Wedd told RNZ’s Checkpoint.

“This would mean, where there is a cycle lane available, e-scooter users can use the cycle lane, instead of the footpath, which should made footpaths safer and should incentivise more people to use cycle lanes.

“We want to make the footpaths safer, but we want to make everyone safer and we’re seeing an increased number of e-scooters out there. If there’s a cycle lane, e-scooter users should be able to use cycle lanes.

“At the moment, that’s not the rule. This would mean we’re bringing e-scooters into the realm.”

The NZTA website sets out the following guidelines for e-scooter safety:

  • Ride in a careful and considerate manner. Keep at a safe speed at all times and slow down when you’re near people. It’s illegal to ride at a speed that’s hazardous to people.
  • Always give way to other people on the path. You might have to come to a complete stop or dismount, if the path you’re on is busy.
  • Keep left unless you’re passing. Only pass people if it’s safe to and pass them on their right.
  • Be aware of who’s around you – people move unpredictably and may not know you’re there. Always leave a safe distance between you and other people.
  • We strongly recommend that e-scooter riders wear helmets.

“I think, generally, we’re seeing people who are responsible, but we’re seeing a lot of irresponsible users as well,” Wedd said.

“E-scooters can go very, very fast, and I’m hearing a lot from concerned parents and elderly using the footpaths and worried about there safety.

“Of course, we want to encourage e-scooter use, as it’s becoming a more popular way to get around, but our current rules are outdated and we need to take a commonsense approach.

“This is a commonsense approach – if there’s a cycle lane, use it.”

Wedd admitted some of the responsibility for safety lies with the operators.

“They’re very powerful, they go very fast and they can be dangerous, if they aren’t used properly,” she said. “If they’re used recklessly, that’s a problem.

“We just need to make sure we have some commonsense, practical rules that are going to work.”

Wedd admits the proposed rules would rely on the availability of bike lanes.

“We don’t want to be creating blanket rules across the entire country, because, in Hawke’s Bay, we have less cycle lanes than, say, Auckland, Christchurch or Wellington.

“We need to be practical about this. If there is a cycle lane use it, but if there isn’t, there’s the footpath, but be responsible. If you’re on a quiet street, that’s OK too.”

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Findings from first phase of Whakaari inquest ‘valuable’, but questions remain for bereaved families

Source: Radio New Zealand

Anna Adams, is the Counsel assisting the Coroner for bereaved families and survivors. (File photo) RNZ/Calvin Samuel

The first phase of the coronial inquest looking into the 2019 Whakaari/White Island eruption has drawn to an end.

Twenty-two people died and 25 people were injured, most of them seriously, after they were on the island when it erupted on 9 December 2019, sending ash 3.6km into the air.

The bodies of two victims were never recovered.

Phase one of the inquest, which began in October 2025, focused on the emergency and medical response.

Counsel for bereaved families and survivors, Anna Adams said while the first phase had been valuable, for the bereaved families and survivors to properly understand the events that day, questions still remained.

“Was it ever appropriate to run tours to White Island during volcanic alert level 2, where the best rescue that could be achieved in the event of an eruption was an 83 percent civilian rescue?

Whakaari/White Island during the eruption. (File photo) Supplied/Auckland Rescue Helicopter Trust

“Was the official civil defence and police plan that after an eruption tour operators would self-evacuate ever appropriate given how heavily this relied on people who may or may not have had rescue and first aid training?”

Adams said it was acknowledged the plan to have the operators self-evacuate was in practice the fastest way to get everyone off the island and to medical treatment that day.

“However, the bereaved families and survivors continue to express surprise and disappointment that this plan was considered acceptable by government agencies because it relied so heavily on people who may not be trained or available.”

Adams said she’d submitted that the Coroner could make a recommendation regarding the manner in which scientific or technical advice was communicated to the emergency services in connection with high-risk volcanic activities in New Zealand.

Phase two of the inquest would start next year and explore the events the day before the eruption and whether victims had enough information about the risks of a potential eruption.

“Many of the families and survivors continue to hold the view that they should not have been present walking in the crater of the Whakaari Island volcano that day,” Adams said.

Recovery teams heading to the island. (File photo) Robin Martin

“Or at least they should not have been as under-informed about the risk, under-prepared for an eruption, and under-protected by the clothing and equipment as they were.

“It is the families’ hope that New Zealand learns from this experience, so that we better protect the people who tour this country, especially when engaging in adventure activities, and so that we do not have another tragedy like that which befell the 47 people visiting Whakaari,” Adams said.

While giving their closing submissions, counsel representing numerous agencies admitted there were communication issues experienced in the emergency response.

It’s been clarified many of these technical communication issues had since been fixed and updated.

One of the issues on the day which was explored at the inquiry was an InterCAD notification failure between the police and St John.

InterCAD was a system that allowed essential information provided by 111 callers to be shared immediately between police, the fire service and ambulance.

The Coroner’s inquiry heard issues caused an approximately seven-minute delay in the notification of the eruption to St John.

There was also evidence of a 13-minute delay between police communications receiving the 111 call about the eruption and transferring the job to InterCAD.

Other communications related problems included the lack of a police radio at The Emergency Operations Centre (EOC) in Whakatāne which also dealt with cellphone reception and wifi internet connectivity issues.

Counsel for police, Anna Pollett, said they’d support a recommendation that a plan for an emergency response, multi-agency or otherwise, ought to be one plan.

“So rather than have multiple plans for every eventuality, having a knowledge of what expertise may be required and what is available in each circumstance may be beneficial in the future.

“This would allow consistent training of all personnel within all agencies nationwide to be more streamlined and consistent to allow for a unified approach.”

It was established during the inquiry, that Civil Defence was considered the lead agency during the emergency response, but police would be the lead agency in the search and rescue operation.

Examples of “double handling” and key information not being communicated between agencies in the crucial first hours after the eruption was highlighted.

“Defined layers of decision-making and control may be beneficial in the future. It also highlights the need for personnel to be designated for high-level communications, both upwards and downwards,” Pollett said.

“Immediate responders were challenged by the information requests being made while they were all feet on the ground to be responding to everything going on to rescue those from the island.”

Counsel for Bay of Plenty Emergency Management Amanda Gordon said they had submitted similar recommendations to the Coroner.

Gordon said evidence showed there was confusion about the terminology used in the response to the eruption.

“It’s clear that there was some confusion about who was the lead agency and the different terminologies of incident controller or local controller.

“From the group’s point of view, it’s not suggested, and the evidence doesn’t bear this out, that the confusion had any impact on the response.”

Gordon said there was a strengthening emergency management legislative reform process going on as a result of the North Island severe weather event inquiry.

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SH36 blocked after car hits power pole

Source: Radio New Zealand

RNZ / REECE BAKER

A power pole and lines are blocking State Highway 36 near Tauranga after a crash.

A car hit the power pole between Taumata Road and Oropi Road Friday afternoon.

Police say the driver was not serious injuried.

The highway will be blocked until at least 6pm and people were asked to find an alternative route if possible.

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Health workers’ strike: Hundreds in Auckland call for increased staffing, better pay

Source: Radio New Zealand

In Auckland, hundreds of striking workers picketed outside the central hospital. RNZ / Felix Walton

An estimated 7,000 health workers are striking across the country renewing their calls for increased staffing levels and better pay.

In Auckland, hundreds of striking workers picketed outside the central hospital.

Social worker Margaret Colbrough waved her sign as supportive motorists tooted in solidarity.

“The offers that are on the table at the moment are quite insulting, and given the pressures and the lack of resources that we’re working under, there’s very good reason to come out and strike today,” she said.

“I’m always up for a good fight. I’m a social worker … It’s what we do.”

Jeff Heywood, a worker at Kenepuru Hospital in Porirua, was visiting Auckland and decided to join the picket line in solidarity.

“Whether you are in Wellington, Christchurch, Auckland, the provincial centres, these are people trying to do a professional job and supporting others, looking after others,” he said.

“The least we can do is make sure they are paid and supported professionally, it’s as simple as that.”

Labour leader Chris Hipkins joined strikers and pledged his party’s support

“This is a crisis of the National government’s creation,” he told media.

“They’ve taken our health system, they’ve made things worse, they’ve put workers under so much pressure, and all [workers] are asking for is decent working conditions and an opportunity to provide decent care to the people of New Zealand.”

Labour leader Chris Hipkins joined strikers and pledged his party’s support RNZ / Felix Walton

He said the government was deliberately antagonising health workers.

“Unfortunately they’re more interested in picking a fight than actually doing the right thing,” he said.

Hipkins challenged the government to settle the dispute by the end of the year.

“I want to see their collective agreement settled before [the election]. It would just be absolutely wrong for the government to allow this dispute to continue into the new year.”

Health Minister Simeon Brown’s office has been approached for comment.

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How police discovered 30,000 ‘falsely or erroneously’ recorded breath tests

Source: Radio New Zealand

Police audited all breath testing that took place from 1 July 2024 using an algorithm that determined if a second test took place within 90 seconds of the first. RNZ

A series of documents reveal how police discovered about 130 staff “falsely or erroneously” recording more than 30,000 breath tests and the fallout that resulted.

RNZ can now reveal that the investigations began after a new mapping feature identified a police officer recorded 11 breath tests over a five-minute period over a distance of 3.5km.

There was no recorded traffic stop, checkpoint operation or call for service logged by or assigned to that officer during that period.

Police then audited all breath testing that took place from 1 July 2024 using an algorithm that determined if a second test took place within 90 seconds of the first, whilst the distance between the two indicated a speed of more than 20 km/h.

It found more than 30,000 tests, with more than 80 per cent of the staff under investigation belonging to dedicated road policing roles. Some of the irregular breath tests were recorded against staff who were rostered off duty, indicating the devices were used by colleagues without changing the logins.

RNZ earlier revealed about 120 staff were under investigation throughout the country after 30,000 alcohol breath tests were “falsely or erroneously recorded”.

The results were only discovered after police built a new algorithm to analyse the data, as the devices themselves could not distinguish between legitimate and illegitimate tests.

On Friday, following an Official Information Act request from RNZ, police released 150-pages of information in relation to the breath screening tests investigation.

Police breath testing data. Supplied / NZ Police

Anomaly identified

On August 18, the director of road policing, Superintendent Steve Greally, emailed Assistant Commissioner Mike Johnson following a discussion they had about the discovery.

Greally said that since creating the algorithm police had identified “several large-scale data anomalies that have the potential to cause NZ Police the same degree of criticism”.

Greally said that while it was potentially a “very small proportion of tests”, it was “a matter of absolute integrity”.

“Therefore, it is my strong view that these more persistent offenders (as determined by the decision maker) are held to account decisively.”

The following day Johnson forwarded the email to Police Commissioner Richard Chambers and Acting Deputy Commissioner Jill Rogers.

On August 27 senior police held an “urgent” meeting to discuss the “significant data issue”.

A second meeting was held two days later.

Assistant Commissioner Mike Johnson Nathan Mckinnon

A Breath Test Analysis document, classified as “restricted” said the National Road Policing Centre had created a new performance dashboard utilising a new data source.

While using the new mapping feature “an unusual pattern became evident”.

The analysis isolated tests by the staff’s QID – a six digit ID assigned to each staff member that was registered to the device.

This identified 11 tests that had been recorded over a period of five minutes over three kilometres all by the same staffer. There was also no recorded traffic stop, checkpoint operation or call for service logged by or assigned to that officer during that period.

This led to the wider audit of tests dating back to 1 July 2024.

A summary said police could be “confident” that over 99.4 per cent of the tests performed were valid.

“Examination of the patterns depicted by these 26,599 in-motion breath tests suggest it is almost certain that most of these tests are not legitimate, and that some staff have ‘simulated’ additional breath tests to increase their statistics.”

Where the in-motion tests were fewer than 10, it was “possible” there could be explained by user error, training or legitimate activity.

An executive summary said the activity “calls into question the integrity of the data and police actions with our partners, leading to potential long-term implications for performance reporting and funding for police”.

All the country’s police districts were identified in the data. The Waitematā, Wellington, and Canterbury districts together made up two-thirds of the total irregular tests identified.

Police Minister Mark Mitchell RNZ / Mark Papalii

On 11 September, a staffer for Police Minister Mark Mitchell said he requested a briefing on the matter and for the briefing to be shared with the Minister of Transport.

“The Minister also requests that engagement with partners is deferred until after Ministers are briefed.”

The briefing, released on Friday, said a sanction model had been developed.

The model said misconduct may include logging in to another QID to obscure identity or avoid accountability or directing or pressuring another officer to perform pretend tests or misuse the device.

Serious misconduct included trust and confidence in police negatively impacted by the employee’s activity and data manipulation used for financial gain or other advantage.

“Police remains committed to maintaining the highest standards of integrity and recognises the seriousness of this issue, particularly in relation to the integrity of our partnership with NZTA.

“In addition to addressing individual conduct, Police will also focus on the culture and practices that may have contributed to this behaviour.”

The briefing said police would engage with sector partners following the briefing.

NZTA warns of ‘clear breach’ of no surprises expectation

On 25 September, more than a month after the tests were identified, NZTA’s group general manager Richard Forgan wrote to Johnson and said they were notified of the matter on 22 September.

Forgan said that given NZTA’s role as investor and providing monitoring and assurance in relation to the Road Policing Investment Programme (RPIP) the integrity and accuracy of the delivery against the measures was “paramount”.

Forgan instructed the Road Policing Investment team in NZTA to look further into the data integrity issue with “urgency” and requested a series of information from police.

Forgan also took issue with the length of time it took NZTA to be notified.

“In addition to the issue regarding the data irregularity, the memorandum of understanding between us clearly states a ‘no surprises’ expectation.

“The fact this issue was first discovered in late August, the Minister of Police was briefed on 12 September and NZTA only informed via the Minister of Transport’s office on 22 September is a clear breach of this expectation. I reinforce NZTA’s expectation that we are to be advised of such matters early.”

Included in police’s response to NZTA’s request for information they said they had identified some instances where irregular breath tests were recorded against QIDs belonging to officers who were rostered off duty at the time.

This suggested some devices were used by others without changing the QID.

The communications plan

Also included in the documents is a communications plan dated 30 September.

Included in the plan is the strategy in terms of audiences including internally with a recommendation to send an internal memo to staff with an overview of what happened and articulating expectations to staff.

The plan said “given the high likelihood” of internal comms being sent to media, it was preferred to manage external communications through “proactive media”.

“The recommended approach would be to have a proactive reactive statement.”

Johnson would be the primary spokesperson, however “if the issue becomes elevated and uncontrolled in the media” consideration should be given to the appropriate Deputy Commissioner or the Commissioner to front.

The plan identified several risks including the issue leaking prior to internal or external comms, internal comms leaking prior to external comms, and the minister/ Prime Minister “unhappy with behaviour”.

‘Must stop immediately’

On 9 October, Greally emailed the country’s road policing managers following a hui he had been unable to attend.

He said he understood the managers were waiting for the NRPC to inform them as to what communications they need to send.

Greally said the main message was simple: “the practise of simulating breath tests must stop immediately”.

About 4000 further tests were discovered after the algorithm looked at tests between 17 August and 30 September.

On 31 October RNZ revealed that 120 staff were under investigation.

That same day the Road Safety Executives Group met to discuss the breath testing data.

The agenda item said the distribution of irregular tests over the 2024/24 year showed a sharp rise from July to October, followed by a gradual decline through to June, indicating a “concentrated period of higher activity in the first half of the reporting year before tapering off”.

“Approximately 82 percemt of the QIDs referred for further investigations belong to staff who were in dedicated road policing roles when the irregular testing was recorded.

“The remaining 18 percent were QIDs belonging to staff who were in non-dedicated roles.”

Following RNZ’s coverage every police officer across the country was ordered to do an online training module for alcohol breath testing Supplied / NZ Police

Disciplinary process

Johnson told RNZ last week police had progressed disciplinary processes for 130 staff members.

“Outcomes of the process vary between a finding of misconduct or serious misconduct depending on the particular circumstances.

“A case is more likely to be serious misconduct where the misconduct was repeated a number of times, or the officer involved was of more senior rank.”

Johnsons said no employees have been stood down for this matter alone.

“There has been a small number of employees stood down for additional misconduct issues.”

RNZ asked police if they could be more specific about the number of staff stood down, what sort of additional misconduct was involved and what rationale staff had given for their behaviour.

Police replied: “We will not be supplying these further details as we do not want to risk identifying individuals who are engaged in an active employment process.”

In relation to what was happening to the staff who committed serious misconduct, Johnson said that was an employment matter and would most likely be a “formal warning of varying lengths, starting from six months”.

Johnson said none of the cases were considered to be criminal.

Johnson said a third had already been “addressed and closed”. Those cases were managed as “misconduct/employment conversation” with a mix of outcomes, he said.

The remainder were ongoing.

“In most cases the officers have accepted the warning and have acknowledged their behaviour as unacceptable.

“For all employees clear expectations from the organisation have been set through organisation wide messaging and updated refresher training specifically on this topic.”

Following RNZ’s coverage every police officer across the country was ordered to do an online training module for alcohol breath testing

Johnson said more than 70 per cent of staff had completed their “refresher training”.

The Defence Lawyers Association earlier said the revelations called into question the integrity of their current and past work, including prosecutions they’ve been involved in.

Te Matakahi Defence Lawyers Association New Zealand co-chair Elizabeth Hall said there needed to be a criminal investigation launched following the “unprecedented” revelations and support a “full, independent audit” of historical data.

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Four fire engines break down or out of action in Dunedin, union says

Source: Radio New Zealand

FENZ said it was only aware of one command unit breaking down. RNZ/Marika Khabazi

The Professional Firefighters’ Union says four trucks broke down or were out of action in Dunedin yesterday.

High winds and heat fanned nine fires across Otago and Southland.

The union’s Dunedin branch secretary Mike Taylor said a command unit lost power and ended up coasting down State Highway 1 after being called to a blaze near Balclutha.

Mechanical problems meant two volunteer trucks could not respond straight away and a truck in Roslyn was unavailable, he said.

Fire and Emergency (FENZ) said it was only aware of the command unit breaking down.

It was being fixed and the problem did not affect fire fighting efforts, FENZ said.

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Search for missing Tokoroa teacher suspended

Source: Radio New Zealand

Jayleb Che has been missing since 30 September. Supplied / Police

Police have suspended their search for a Tokoroa teacher who has been missing for two months.

Jayleb-Che Dean, 36, went missing from a swimming spot on Waiotapu Loop Road in Rotorua on 30 September.

Earlier this month police ruled out foul play and said they weren’t looking for anyone in relation to his disappearance.

Detective Senior Sergeant Mark van Kempen said police had conducted aerial and ground searches but hadn’t been able to find him.

“This is an incredibly difficult situation for Jayleb-Che’s family, and we are offering them ongoing support.”

He said police were still committed to bringing the man home, but the physical search had been suspended.

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Too hot to sleep? Take a warm shower

Source: Radio New Zealand

Parts of New Zealand hit 33 degrees this week, and a weekend heat alert is in place for Napier, with Christchurch and Hastings not far behind.

If high temperatures seem to be stealing your zzzs, there are things to try, says Dr Karen O’Keefe, who researches the latest sleep science at Wellington’s Sleep/Wake Research Centre.

She recommends taking a warm shower an hour or two before you hit the pillow.

Sleep researcher Karyn O’Keeffe.

Supplied

Why we used to sleep in two segments

Warm up to wind down

Taking a warm shower, then cooling down again, is a way to mimic the falling body temperature that’s part of the body’s “falling asleep process”, O’Keefe says.

The shower should be “warm” or “warmish” – not cold and not hot.

“It seems that [taking a warm shower], let’s say one to two hours before you fall asleep or want to fall asleep, can be helpful.”

Tips on how to cool down

Afternoons

Keep your bedroom cool during the day

sleep

Erwi / Unsplash

The ideal temperature of a bedroom is around 17 to 19 degrees, O’Keefe says, but anything between 15 to 23 degrees is “not too bad for sleep”.

Heat pumps and fans – which some people place ice in front of – will, of course, help cool the room. But during the day, she says, unless there’s hot air rushing in, it’s useful to keep windows and doors open as much as possible.

“Sometimes it can help to close the curtains and keep the room cool that way.”

Keep your naps snappy

Take a nap if you get the opportunity, O’Keefe says, but it’s best to make it quite short, O’Keefe says.

“You’re using [naps] to boost alertness to help get through the day rather than trying and have a large amount.

“Except if you’ve had a very short sleep, then sometimes a long nap can help… You might aim for two to three hours if you’re really trying to boost your sleep quotient for the day because you’ve had a lot less sleep than you intended.”

Don’t add a couple of bad sleeps to your worry list

Long-term sleep loss day after day is really hard to catch up on, O’Keefe says, but don’t fret if you’ve had a couple of rough nights.

“Our bodies are really good at helping us sleep if we really need it, so if you don’t sleep well for a couple of nights, then your brain and body will help support you to get deeper sleep and longer sleep to catch up in the next few nights.

“[When we’re underslept] we get deeper sleep, and we can sleep for a little bit longer because our brain promotes sleeping for longer. So if you give yourself a chance to, you’ll catch up.”

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Nark: Guards cast doubt on Ross Appelgren’s involvement in deadly prison beating

Source: Radio New Zealand

Poremoremo Prison guard Mark Anthony Mark Anthony

Two prison guards have spoken for the first time about a prisoner’s confession that Ross Appelgren was not responsible for the 1985 murder of Darcy Te Hira in the kitchen at Mt Eden Prison.

The RNZ podcast Nark hosted by Mike Wesley-Smith has been investigating the Appelgren case. In today’s episode, former Paremoremo prison guards Mark Anthony and Dominic Malcolm reveal that in November 1990, the prisoner told them he knew Appelgren wasn’t involved in the murder, because he had ordered the attack himself.

“He said he organised it,” Anthony says.

RNZ has decided not to name the prisoner, because doing so could put him and the Appelgren appeal at risk. He is instead referred to as “Danny” in the podcast.

Appelgren was twice convicted of murdering Te Hira but died in January 2013 still proclaiming his innocence. His widow, Julie, is seeking to overturn his conviction in the Court of Appeal and have his name cleared posthumously.

Appelgren, who only learned about Danny’s confession after he was convicted, successfully petitioned the Governor-General in 1994 to refer his case back to the Court of Appeal. Acting on the advice of then-Justice Minister Sir Douglas Graham, the Governor-General’s referral stated the prosecution’s failure to disclose Danny’s confession to Appelgren’s lawyers at his retrial meant “a miscarriage of justice might have occurred”.

However, Appelgren’s failing finances and health meant his appeal hearing never went ahead, so no judge or jury have ever heard the guards’ evidence of Danny’s confession. Both Malcolm and Anthony say they believe Appelgren was innocent and that the police failed to properly investigate Danny’s confession.

Dominic Malcolm remembers Danny coming to talk to them on a stormy day in November 1990, shortly after Appelgren had had his first conviction overturned.

“What [Danny] did say was, was that Ross Appelgren had been convicted for using a paddle out of the kitchen to kill Darcy and Danny stood there categorically and said Appelgren didn’t do it”.

His former colleague Mark Anthony remembers the same thing.

“[Danny] immediately said that it was nothing to do with Appelgren… And then just opened up and nominated the inmate that he said actually did do it, and [Danny] said that he was part of it, and then he revealed that Darcy Te Hira was supposed to have only taken a warning shot to the back of the head.”

Anthony says Danny told them he had another prisoner hit Te Hira with the paddle because they had been dealing drugs in Mt Eden and Te Hira “was taking a bit for himself”.

Malcolm and Anthony say they reported this to police at the time. Police records suggest that after interviewing Danny and Anthony, the claims were dismissed as not credible and were not passed on to Appelgren’s lawyers.

Danny’s conversation with the guards only came to light in 1993 when Anthony mentioned it in passing to Appelgren himself in Paremoremo prison.

TV3 journalist Keith Davies asked investigation head Chief Detective Inspector Peter Jenkinson if it cast doubt on Appelgren’s conviction. “I don’t. I don’t personally think so,” he replied.

Ross Appelgren was twice convicted of murdering fellow prisoner Darcy Te Hira in 1985. Corrections NZ

Others have also poured doubt on Danny’s claims. Another inmate who knew him in prison said “he couldn’t order bloody fish-n-chips at a takeaway, let alone a hit”.

Veteran defence lawyer Marie Dhyrberg KC interviewed Danny at the time and got him to sign an affidavit in which he acknowledged having a conversation with two prison officers about the Te Hira murder. He said it involved two other people, not Appelgren. However, he did not admit to taking part in the killing.

“I found him credible enough that there was nothing I could point to that showed was inconsistent, outrageous, couldn’t be believed. So, in my view on the balance of probabilities, it was reliable enough for me to take the affidavit.”

Dhyrberg says the claims would have been “gold” in the hands of Appelgren’s lawyers at his previous trials.

Police insisted at the time that they had handed details of what they knew about Danny over to Appelgren’s lawyers, Simon Lockhart QC and Bob Hesketh, but both men denied having seen it. The Governor-General, in referring the case back to the Court of Appeal, accepted the information was not made available to Appelgren or his counsel.

“It seems to me to be a miscarriage of justice,” Dhyrbeg says, “that was such potent evidence that should have been made available and was not, and could easily have brought about a different verdict.”

Her concerns are echoed by both Malcolm and Anthony, who are unimpressed with how the police handled the information they provided.

“They were trying to make a conviction,” says Anthony. “And regardless of whether the guy did it or not, they were going to get that conviction anyway.”

“I thought it was justified for the police to take it further and because they didn’t, then I’d have to say that the police are culpable and not doing the job properly,” Malcolm believes.

RNZ asked Police to respond to these issues in a list of more than 150 questions sent to them as part of the podcast investigation. In an email, Detective Inspector Scott Beard, Auckland City CIB, wrote: “We are aware there is an ongoing Court of Appeal process which remains in the early stages at present. As this process is ongoing and has not been heard by the Court, it would be premature for Police to engage in detail at this point”. Beard promised Police would comment further “once we are in a position to do so”.

Asked if they think Appelgren was wrongfully convicted, Anthony and Malcolm are of the same mind.

“Absolutely wrongfully,” Anthony says. “It was, I believe, common knowledge within the staff there [Paremoremo] that the wrong person was got”.

Malcolm says he felt powerless to do more than he did to right the wrong, but he “felt the guy was innocent of what he had been convicted of”.

The latest episode of Nark is out now at rnz.co.nz/nark or wherever you get your podcasts. The series airs 7pm Sundays on RNZ National.

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