Member log in

David Farrar: The sentencing of Phillip Hans Field

Former Labour MP (Taito) Phillip Hans Field was sentenced to six years' prison on Tuesday. Field’s sentencing was the final chapter in the most disgraceful behaviour in Parliament since Parliament first convened in May 1854 after the UK granted us our own Parliament in 1852.

Field is not the first member of Parliament to have been a crook. But what makes him unique is that his offending was directly related to his job. He used his position to enrich himself at the expense of vulnerable new immigrants.

Many people have expressed surprise at the length of his prison sentence, noting it is longer than the sentences for many violent criminals. But a reading of Justice Hansen’s sentencing notes makes clear that in fact Field has got off lightly.

Field was convicted of 11 charges under s103(1) of the Crimes Act 1961, being “Corruption and bribery of member of Parliament”. This has been an offence under New Zealand law since at least 1908. Its history though in fact goes back to 1695 in the United Kingdom, when the House of Commons resolved that offering a bribe to a Member of Parliament shall be a high crime and misdemeanour which subverts the English constitution, and that an MP accepting such a bribe shall be a matter of privilege.

In New Zealand, both offering and accepting such bribes are deemed serious crimes with a maximum sentence of seven years' jail.

Field was also convicted on 15 charges under s116 of attempting to pervert the course of justice. This is also a serious crime with a maximum seven year jail term. The two sets of crimes were considered distinct offending so Field faced a maximum sentence of 14 years jail.

His offending occurred between September 2003 and late 2006. In 2002 Helen Clark appointed him as a parliamentary under-secretary and she again promoted him in 2003 to the Ministry making him associate minister for Pacific Island affairs and ironically the associate minister of justice. He was never elected to these positions by the Labour caucus – his promotions came as the personal gift of Helen Clark.

From 2003 to 2005, he accepted thousands of hours of free labour from grateful Thai immigrants, after he got his close friend, Associate Immigration Minister Damien O’Connor to over-ride his officials and grant them residence. Some would say that O’Connor is fortunate to have escaped close scrutiny for his approval of so many appeals against decisions of the NZ Immigration Service when they were made by Field. In fact the conviction of Field raises real questions about whether Ministers should have such unfettered discretion to allow people in, regardless of policy.

Field profited greatly from the free or near-free labour from his grateful immigrants – many of whom joined the Thai branch of the Labour Party. He purchased a house at 42 Allan St in August 2003 and after his band of serfs went to work, he sold it a few months later for a $60,000 profit.

Another property on Kinghorne St made him an $87,000 profit, and of course in Samoa he had the famous Sunan Siriwan working for just $100 a week. At the same time as Labour was raising the minimum wage to $12 an hour, their associate minister of justice was paying someone around $2.50 an hour.

The perverting the course of justice convictions are relatively simple. He lied time and time again to Noel Ingram QC, author of the Ingram Report into Field’s misconduct. And worse, he bullied others to lie. Knowing that Helen Clark had not given any power to Ingram to require testimony under oath, Field thought he could get away with this. Field also arranged fake invoices, receipts and quotes.

After the Police started their investigation, Field again pressured his Thai army to lie to the Police and stick with their false stories.

As Field’s offending was unique in New Zealand’s parliamentary history, the judge had no direct precedent to guide him in sentencing. The closest cases he could find was a Customs officer who took bribes and got four years jail. However he, unlike Field, pled guilty and co-operated fully. Without that he would have got six years.

An overseas precedent was a Canadian MP who got five years' jail for a one-off 10 years $10,000 bribe. Closer to home a New South Wales minister got 10 years for taking bribes to let prisoners out early.

Justice Hansen found that the appropriate sentence for the bribery would be five years, and for the perverting the course of justice four years. He then reduced the total of nine years to seven and a half years as the two categories of offending were linked together, and finally reduced it further to six years to take account of Field’s previous community service and other mitigating factors.

Normally if a colleague is found to have acted corruptly, his or her former colleagues will talk about the sense of betrayal they feel at his offending. In Field’s case he not only became the first person in our history to be found guilty of bribery and corruption as an MP, his offending ran contrary to everything the Labour Party prides itself on – standing up for the most vulnerable in society and ensuring everyone is paid a decent wage for their work.

This was an opportunity for Labour to put behind them the shameful defence of Field by the previous leadership of Helen Clark and Michael Cullen. The Ingram Report detailed many of Field’s abuses and made it very clear Ingram felt Field had lied to him. However Clark said she would not rule out Field returning to the Ministry one day, and Cullen defended him in the House as a hard working MP.

But Labour has refused to comment on the conviction of their former colleague for the crimes he undertook while Associate Minister of Justice. Phil Goff and Annette King passed up the opportunity to tell New Zealanders how disgusted they are with their former colleague and their sense of betrayal. Instead upon his conviction all we got was a press release from the youthful chief whip Darren Hughes saying Labour acknowledges the decision of the jury.

This sits in huge contrast to the actions of another party in dealing with a corrupt MP. Donna Awatere-Huata was exposed by the Dominion Post as having misappropriated money from her education trust. This offending wasn’t actually in her capacity as an MP. Nevertheless the other ACT MPs were so disgusted by what they read, they demanded she explain herself or leave the party. When she refused, they tried to expel her from Parliament. She fought this and ACT spent probably over $100,000 of its own money going all the way to the Supreme Court to get her expelled. The party won.

Some time ago I phoned up then ACT Leader Richard Prebble and asked him if he could detail to me everything they did to force Awatere-Huata out. I explained I wanted to contrast their resolve to condemn such corruption, with Labour’s defence of Field.

I was staggered when Richard said he did not want to be held up as a role model. He explained that he actually felt guilty that they didn’t do more. Perhaps they should have asked questions earlier he said, as there was the odd rumour about her.

I leave readers with that comparison. One party that went all the way to the Supreme Court to force a corrupt MP out of Parliament, and then still felt guilty that it didn’t do more.

And another party that received a 158 page report detailing the numerous abuses and lies of one of their own MPs, and resolved to defend him. Desperate not to upset a core constituency their leader said one day he could be a minister again. Their deputy leader said his only crime was to work too hard. They posed with him for the TV cameras as he claimed to be exonerated. And then two years later after he is sentenced to six years jail, the new leader and deputy leader still refuse to condemn him. They refuse to say whether or not they think he did in fact break the law. They refuse to express any remorse, shame or disgust over not just his behaviour, but their party’s behaviour in defending him.

Can Labour ever be deemed fit to hold office again until they do so?

More by this author

Comments and questions
18

Sinister... Latin for "Left" - the cap fits! The Left are the true enemy of the people. Their hypocrisy now fails to stun as it is their default position. National should destroy their recruitment base by keeping up the work of extending the success-franchise to all and sundry... they will then remain unelectable. If this ultimately fails, well... there is always the Army!

How you people would love to see that there was no union or labor party to give some protection to the underdog.
I have never voted for labor but I fear any comeback of a Muldoon era. Reading some Chinese history of how the Land lords did deal with their underlings and how this Chang khi check did deal with those that wanted a better income. I fear any national government, as it too would stoop to pay reduction to satisfy their land lords.
Joe van Alphen

Seems to me if Mr Field was in a position to have his crimes backdated and made legal as Labour did with the $800,000 they took on the" PLEDGE CARD RORT" ,Mr Field would still be in Parliament,as most of the backdaters are still there.

Agreed - the Left IS Sinister... the Right is, well, right.

You hit the nail on the head. The Labour party need to really understand that it is this sort of behaviour turns people off big time. Including their core support base.

They won't have a real purge, or do any real soul searching til maybe after the next election.

The manner of the rise of Field through the Labour Party parliamentary ranks highlights teh dangers of having a Dictator as Leader.
That Labour, are unable to apologise for their part in this saga, is not surprising; ideologically deluded individuals are rarely able to recognise the difference between 'Right and Wrong' .
Tthe Clark-Cullen regime were masters at obfuscation of the TRUTH.

But the question remains. Why did it take the Courts such a very long time to bring this to a conclusion? He was charged in 2006 as I recall, but Labour did not want it in the Courts and lose his support in the House. That is understandible whn you have no majority, but despicable in terms of honesty and justice. But also, was it really possible for the Government of the day or its Minisaters, to delay processing by Police and Justice departments?

The silence of Labour shows the depth of their involvement- Look out the UN- and the world

Clark and Cullen the rest of the socialists knew Field was guilty and are as guilty as he is. They have no morals or ethics or principles. They are condemned as the lowest of the low

"his promotions came as the personal gift of Helen Clark."
Yet again Farrar's obession with the previous Labour Government is so blinding that one needs blue tinted sunnies to read his column. Wow a Labour Caucus elects members to cabinet what a foreign notion that must be, in fact I had to take the blue Sunnies off to read that part.
Field deserved all he got, yet the above "OPINION" makes little on the actual ways Labour supposedly protected him just wildly flayed the tar brush. One wonders if the promised list of differences between ACT and Labour over the two differing scenarios was just a bit too hard for David to dig up (considering it is all basically in the public domain)

The Field conviction throws into question other instances of ministerial 'corruption' that were whitewashed by Labour when in government, and never got to see the light of day in court. For example, 'Paintergate' - knowingly signing another's work and passing it off as ones own in full knowledge that such an act was undertaken principally to increase one's own political capital in the electorate (or at least, not reducing it by appearing churlish in refusing to supply a work). Not to mention the considerable obfuscation and 'cover-up' that went on behind the scenes (including the deliberate destruction of the work in question by a Labour Party staffer).

Despite the Solicitor General's finding of a prima facie case of fraud to answer, police declined to prosecute in Paintergate because it was 'not in the public interest' to do so - a quite surprising decision when at around the same time the same police force deemed it was 'in the public interest' to prosecute opposition MP Shane Ardern for driving his tractor up the steps of Parliament as part of a protest against government agricultural greenhouse gas emissions policies (arguably as much part of discharging his duties as an opposition MP as responding to requests for donation of materials for fundraising purposes - something many public figures feel obligated to do as part of their 'public duty').

The Labour Party's reaction to the Field wrongdoings appears to confirm a collective view that prosecuting Field was likewise also 'not in the public interest'. Without doubt, the prosecution was not in the interests of the Labour Party, given that its process crossed over both a general election and a high-profile Auckland by-election. Yet when tested in court, it was found that not only was there a public interest at stake, but at the core of that interest was that abuse of one's privileged position by an MP is intolerable in New Zealand and when identified should be punishable by imprisonment.

Police have been silent on whether they were placed under pressure from politicians in relation to either the Paintergate or Ardern cases ('bribes' do not necessarily have to be associated with direct monetary reward to be classed as such). One presumes that in the Field case, even if there was political pressure not to proceed, it was unsuccessful, as prosecution ensued. Indeed, it is plausible that, given the potential for a perception of political pressure to attend decisions to prosecute politicians, the precautionary approach might be for Police to adopt a lower threshold for bringing charges against MPs (and especially those who are members of the government of the day) than the general public. Whilst the court adjudging Mr Ardern was frustrated with having its time wasted by a trivial charge, the public was ultimately satisfied that the case had been tried in a court of law against legal tests and not suborned and buried by political pressure. Mr Ardern's name is now clear and Mr Field is serving his term because the law was given a clear chance to assess the facts. Allegations will continue to swirl around Miss Clark with respect to Paintergate because the matter was not tested against points of law.

Comparing the Field and Paintergate cases, it begs the question therefore of whether the decision to prosecute abuses of privileged position by members of parliament recently has turned upon whether one is found to be guilty of having accepted a bribe offered by another (succumbing to temptation) or one has actually instigated an illegal act (forgery or 'bribery') oneself (no less an abuse of a privileged position as the former - arguably an even greater wrongdoing as it originates with a deliberate act by the person concerned).

Perhaps the Labour Party's silence on the Field case can be interpreted as a signal of acceptance Field's fate as one of 'there but for the grace of God go I'.

Would the Labour Party leadership have been so arrogant and dominating in a First Past the Post system where candidates are all representatives of their electorate and selected by their Electorate committee and have free conscience votes? In my opinion, I think this case highlights the arrogance that comes from a Party leadership who feel they control all individuals and members of their party. National could be capable of this too. In my opinion, once you elect politicians who only have an allegiance to their Party, and not their electorate, then such abuses are likely to become more widespread.

The Labourite comments to this bolg seem to think the Field story fits into the big "Red vs Blue" struggle. Well, not quite.

These Labourite deniers need to accept that Field did wrong (some Labour MPs have, some haven't). Farrar simply points out that the protection Clark and Cullen gave Field was automatic and blindingly obstructive to the processes of justice.

The Labour leadership (or perhaps Cullen) need to acknowledge this and apologise. Its not just a "blue tinted" opinion - but I doubt Labour will ever formally accept it now.

Phillip Field's expulsion from the Labour Party had absolutely NOTHING to do with the allegations of wrong-doing which swirled around him. His sacking offence was to rain on the Prime Minister's parade. Readers with long memories will recall that Field refused to deny speculation that he planned to set up his own political party on the day that Helen Clark was to make her Prime Ministerial statement at the start of the 2007 Parliamentary year.

Not showing undying loyalty to his leader was deemed to be the unpardonable sin. History will remember that Labour has point-blank refused to condemn Phillip Field for anything else. Need anything else be said?

Quite so . They are a threat to democracy.
These incidents also raise the question of the value of MMP.
When a marginal government needs corrupt politicians and its policies are dictated by the need to schmooze minority groups to the extent of having a foreign minister not of its own party, Democracy is at risk.

David does not know the full depth of Labour's complicity in corruption even in the Awatere case. The ACT caucus discovered that she had tried to sell her vote on a matter to Bill Birch in return for funds for the trust she milked. That was an offense against Parliament. Speaker Hunt blocked our request for a Privileges Committee inquiry on grounds I regarded then and now as spurious. I believe he was steeped in the corrupt culture fostered by H Clark's view of realpolitik so simply did not see the need for the cleansing we sought for Parliament by showing that it would itself expose and punish corrupt members.
The most worrying aspect of this is the coincidence between the Maori Party's attitude to corruption (on which I've blogged) and Labour's

David does not know the full depth of Labour's complicity in corruption even in the Awatere case. The ACT caucus discovered that she had tried to sell her vote on a matter to Bill Birch in return for funds for the trust she milked. That was an offense against Parliament. Speaker Hunt blocked our request for a Privileges Committee inquiry on grounds I regarded then and now as spurious. I believe he was steeped in the corrupt culture fostered by H Clark's view of realpolitik so simply did not see the need for the cleansing we sought for Parliament by showing that it would itself expose and punish corrupt members.
The most worrying aspect of this is the coincidence between the Maori Party's attitude to corruption (on which I've blogged) and Labour's

well bill english is no saint either claiming on his ministerial house I think he has a guilty consience. MPs are just a bunch of crooks & hypocriates. Look at roger douglas said taxpayer cannot afford to give mps a free lunch well what a laugh he clocked up $65000 in the space of six months & taxpayer paid for him to go over to see family in the UK. Thats a free lunch by taxpayer

Post new comment or question

Login to use your NBR member name
Full HTML is not supported but you can use the following tags in your comments:
Link: <url>link</url>
Quote: <quote>text</quote>