Thursday, June 25, 2015

Live music venues in Edinburgh, Scotland are awaiting a review later this year on the 2005 licensing policy, which places limitations on the volume of amplified music in the city. Investigating into how the policy is affecting the Edinburgh music scene, a group of Wikinews writers interviewed venue owners, academics, the City of Edinburgh Council, and local band The Mean Reds to get different perspectives on the issue.

Since the clause was introduced by the government of the city of Edinburgh, licensed venues have been prohibited from allowing music to be amplified to the extent it is audible to nearby residential properties. This has affected the live music scene, with several venues discontinuing regular events such as open mic nights, and hosting bands and artists.

Currently, the licensing policy allows licensing standards officers to order a venue to cease live music on any particular night, based on a single noise complaint from the public. The volume is not electronically measured to determine if it breaches a decibel volume level. Over roughly the past year there have been 56 separate noise complaints made against 18 venues throughout the city.

A petition to amend the clause has garnered over 3,000 signatures, including the support of bar owners, musicians, and members of the general public.

On November 17, 2014, the government’s Culture and Sport Committee hosted an open forum meeting at Usher Hall. Musicians, venue owners and industry professionals were encouraged to provide their thoughts on how the council could improve live music in the city. Ways to promote live music as a key cultural aspect of Edinburgh were discussed and it was suggested that it could be beneficial to try and replicate the management system of live music of other global cities renowned for their live music scenes. However, the suggestion which prevailed above all others was simply to review the existing licensing policy.

Councillor (Cllr) Norma Austin-Hart, Vice Convenor of the Culture and Sport Committee, is responsible for the working group Music is Audible. The group is comprised of local music professionals, and councillors and officials from Edinburgh Council. A document circulated to the Music is Audible group stated the council aims “to achieve a balance between protecting residents and supporting venues”.

Following standard procedure, when a complaint is made, a Licensing Standards Officer (LSO) is dispatched to investigate the venue and evaluate the level of noise. If deemed to be too loud, the LSO asks the venue to lower the noise level. According to a document provided by the City of Edinburgh Council, “not one single business has lost its license or been closed down because of a breach to the noise condition in Edinburgh.”

In the Scotland Licensing Policy (2005), Clause 6.2 states, “where the operating plan indicates that music is to be played in a premises, the board will consider the imposition of a condition requiring amplified music from those premises to be inaudible in residential property.” According to Cllr Austin-Hart, the high volume of tenement housing in the city centre makes it difficult for music to be inaudible.

During the Edinburgh Festival Fringe during the summer, venues are given temporary licences that allow them to operate for the duration of the festival and under the condition that “all amplified music and vocals are controlled to the satisfaction of the Director of Services for Communities”, as stated in a document from the council. During the festival, there is an 11 p.m. noise restriction on amplified music, and noise may be measured by Environmental Health staff using sophisticated equipment. Noise is restricted to 65dB(A) from the facades of residential properties; however, complaints from residents still occur. In the document from the council, they note these conditions and limitations for temporary venues would not necessarily be appropriate for permanent licensed premises.

In a phone interview, Cllr Austin-Hart expressed her concern about the unsettlement in Edinburgh regarding live music. She referenced the closure of the well-known Picture House, a venue that has provided entertainment for over half a century, and the community’s opposition to commercial public bar chain Wetherspoon buying the venue. “[It] is a well-known pub that does not play any form of music”, Cllr Austin-Hart said. “[T]hey feel as if it is another blow to Edinburgh’s live music”. “[We] cannot stop Wetherspoon’s from buying this venue; we have no control over this.”

The venue has operated under different names, including the Caley Palais which hosted bands such as Queen and AC/DC. The Picture House opened in 2008.

One of the venues which has been significantly affected by the licensing laws is the Phoenix Bar, on Broughton Street. The bar’s owner, Sam Roberts, was induced to cease live music gigs in March, following a number of noise complaints against the venue. As a result, Ms Roberts was inspired to start the aforementioned petition to have Clause 6.2 of the licensing policy reviewed, in an effort to remove the ‘inaudibility’ statement that is affecting venues and the music scene.

“I think we not only encourage it, but actively support the Edinburgh music scene,” Ms Roberts says of the Phoenix Bar and other venues, “the problem is that it is a dying scene.”

When Ms Roberts purchased the venue in 2013, she continued the existing 30-year legacy established by the previous owners of hosting live acts. Representative of Edinburgh’s colourful music scene, a diverse range of genres have been hosted at the venue. Ms Roberts described the atmosphere when live music acts perform at her venue as “electric”. “The whole community comes together singing, dancing and having a party. Letting their hair down and forgetting their troubles. People go home happy after a brilliant night out. All the staff usually join in; the pub comes alive”. However licensing restrictions have seen a majority of the acts shut down due to noise complaints. “We have put on jazz, blues, rock, rockabilly, folk, celtic and pop live acts and have had to close everything down.” “Residents in Edinburgh unfortunately know that the Council policy gives them all the rights in the world, and the pubs and clubs none”, Ms Roberts clarified.

Discussing how inaudibility has affected venues and musicians alike, Ms Roberts stated many pubs have lost profit through the absence of gigs, and trying to soundproof their venue. “It has put many musicians out of work and it has had an enormous effect on earnings in the pub. […] Many clubs and bars have been forced to invest in thousands of pounds worth of soundproofing equipment which has nearly bankrupted them, only to find that even the tiniest bit of noise can still force a closure. It is a ridiculously one-sided situation.” Ms Roberts feels inaudibility is an unfair clause for venues. “I think it very clearly favours residents in Edinburgh and not business. […] Nothing is being done to support local business, and closing down all the live music venues in Edinburgh has hurt financially in so many ways. Not only do you lose money, you lose new faces, you lose the respect of the local musicians, and you begin to lose all hope in a ‘fair go’.”

With the petition holding a considerable number of signatures, Ms Roberts states she is still sceptical of any change occurring. “Over three thousand people have signed the petition and still the council is not moving. They have taken action on petitions with far fewer signatures.” Ms Roberts also added, “Right now I don’t think Edinburgh has much hope of positive change”.

Ms Roberts seems to have lost all hope for positive change in relation to Edinburgh’s music scene, and argues Glasgow is now the regional choice for live music and venues. “[E]veryone in the business knows they have to go to Glasgow for a decent scene. Glasgow City Council get behind their city.”

Ms Martina Cannon, member of local band The Mean Reds, said a regular ‘Open Mic Night’ she hosted at The Parlour on Duke Street has ceased after a number of complaints were made against the venue. “It was a shame because it had built up some momentum over the months it had been running”. She described financial loss to the venue from cancelling the event, as well as loss to her as organiser of the event.

Sneaky Pete’s music bar and club, owned by Nick Stewart, is described on its website as “open and busy every night”.”Many clubs could be defined as bars that host music, but we really are a music venue that serves drinks”, Mr Stewart says. He sees the live music scene as essential for maintaining nightlife in Edinburgh not only because of the economic benefit but more importantly because of the cultural significance. “Music is one of the important things in life. […] it’s emotionally and intellectually engaging, and it adds to the quality of life that people lead.”

Sneaky Pete’s has not been immune to the inaudibility clause. The business has spent about 20,000 pounds on multiple soundproofing fixes designed to quell complaints from neighboring residents. “The business suffered a great deal in between losing the option to do gigs for fear of complaints, and finishing the soundproofing. As I mentioned, we are a music business that serves drinks, not a bar that also has music, so when we lose shows, we lose a great deal of trade”, said Mr Stewart.

He believes there is a better way to go about handling complaints and fixing public nuisances. “The local mandatory condition requiring ‘amplified music and vocals’ to be ‘inaudible’ should be struck from all licenses. The requirement presupposes that nuisance is caused by music venues, when this may not reasonably be said to be the case. […] Nuisance is not defined in the Licensing Act nor is it defined in the Public Health Act (Scotland) 2008. However, The Consultation on Guidance to accompany the Statutory Nuisance Provisions of the Public Health etc (Scotland) Act 2008 states that ‘There are eight key issues to consider when evaluating whether a nuisance exists[…]'”.

The eight key factors are impact, locality, time, frequency, duration, convention, importance, and avoidability. Stewart believes it is these factors that should be taken into consideration by LSOs responding to complaints instead of the sole factor of “audibility”.He believes multiple steps should be taken before considering revocation of licenses. Firstly, LSOs should determine whether a venue is a nuisance based on the eight factors. Then, the venue should have the opportunity to comply by using methods such as changing the nature of their live performances (e.g. from hard rock to acoustic rock), changing their hours of operation, or soundproofing. If the venue still fails to comply, then a board can review their license with the goal of finding more ways to bring them into compliance as opposed to revoking their license.

Nick Stewart has discussed his proposal at length with Music is Audible and said he means to present his proposal to the City of Edinburgh Council.

Dr Adam Behr, a music academic and research associate at the University of Edinburgh who has conducted research on the cultural value of live music, says live music significantly contributes to the economic performance of cities. He said studies have shown revenue creation and the provision of employment are significant factors which come about as a result of live music. A 2014 report by UK Music showed the economic value generated by live music in the UK in 2013 was £789 million and provided the equivalent of 21,600 full time jobs.

As the music industry is international by nature, Behr says this complicates the way revenue is allocated, “For instance, if an American artist plays a venue owned by a British company at a gig which is promoted by a company that is part British owned but majority owned by, say, Live Nation (a major international entertainment company) — then the flow of revenues might not be as straightforward as it seems [at] first.”

Despite these complexities, Behr highlighted the broader advantages, “There are, of course, ancillary benefits, especially for big gigs […] Obviously other local businesses like bars, restaurants and carparks benefit from increased trade”, he added.

Behr criticised the idea of making music inaudible and called it “unrealistic”. He said it could limit what kind of music can be played at venues and could force vendors to spend a large amount of money on equipment that enables them to meet noise cancelling requirements. He also mentioned the consequences this has for grassroots music venues as more ‘established’ venues within the city would be the only ones able to afford these changes.

Alongside the inaudibility dispute has been the number of sites that have been closing for the past number of years. According to Dr Behr, this has brought attention to the issue of retaining live music venues in the city and has caused the council to re-evaluate its music strategy and overall cultural policy.

This month, Dr Behr said he is to work on a live music census for Edinburgh’s Council which aims to find out what types of music is played, where, and what exactly it brings to the city. This is in an effort to get the Edinburgh city council to see any opportunities it has with live music and the importance of grassroots venues. The census is similar to one conducted in Victoria, Australia in 2012 on the extent of live music in the state and its economic benefit.

As for the solution to the inaudibility clause, Behr says the initial step is dialogue, and this has already begun. “Having forum discussion, though, is a start — and an improvement”, he said. “There won’t be an overnight solution, but work is ongoing to try to find one that can stick in the long term.”

Beverley Whitrick, Strategic Director of Music Venue Trust, said she is unable to comment on her work with the City of Edinburgh Council or on potential changes to the inaudibility clause in the Licensing Policy. However, she says, “I have been asked to assess the situation and make recommendations in September”.

According to The Scotsman, the Council is working toward helping Edinburgh’s cultural and entertainment scene. Deputy Council Leader Sandy Howat said views of the entertainment industry needs to change and the Council will no longer consider the scene as a “sideline”.

Senior members of the Council, The Scotsman reported, aim to review the planning of the city to make culture more of a priority. Howat said, “If you’re trying to harness a living community and are creating facilities for people living, working and playing then culture should form part of that.”

The review of the inaudibility clause in the Licensing Policy is set to be reviewed near the end of 2016 but the concept of bringing it forward to this year is still under discussion.

Monday, December 17, 2018

A fire occurred on Saturday at Chester Zoo in Cheshire, UK, in a building the zoo says is the largest indoor zoological exhibit in the UK, at 11:30 a.m. local time (UTC). The only injury reported was a case of smoke inhalation. Some of the animals living there died.

Chester Zoo opened in the early 1930s. It is now home to around 21 thousand animals from 500 species. Nearly two million people annually visit Chester Zoo, reportedly the largest annual draw of any zoo in the UK not in London. However, the fire caused it to shut down on Saturday.

The monsoon forest habitat, where the fire occurred, housed, amongst other creatures, crocodiles, orangutans, macaques, and birds. In an attempt to replicate the conditions of South East Asia, it was kept at a temperature of 26.6°C (about 80°F). Reports passed on by witnesses indicated zoo personnel evaluated at least 40 animals from the area. The zoo reopened on Sunday.

Although all the mammals reportedly survived, some of the frogs, insects, and small birds housed there died. The fire spread very quickly and strong winds helped the fire spread so fast. Reports suggested the fire was caused by an electrical fault.

Friday, August 24, 2007

George Hotz, 17, confirmed on Friday that he has cracked the lock that joins the Apple iPhone to AT&T‘s wireless network and was using it on T-Mobile‘s network—the only other major U.S. carrier compatible with iPhone technology. This crack opens up the phone, which is only being sold in the U.S., to use on overseas networks. “That’s the big thing,” said Hotz.

Hotz posted the complicated hack, which requires skill with both soldering and software and takes about two hours to perform, to his blog Thursday. He collaborated over the Internet with four other people, including two Russians, to develop the unlocking process that leaves all iPhone functions intact, with the exception of the “visual voicemail” feature.

With the hack available to the public, there is the possibility that some will buy U.S. iPhones, unlock them and send them overseas for profit. “That’s exactly […] what I don’t want,” Hotz said. “I don’t want people making money off this.”

Hotz said he wished he could have made the instructions so that users could modify the phones themselves. “But that’s the simplest I could make them.”

AT&T spokesman Mark Siegel said the company has “no comment” and referred questions to Apple.

A second phone, which was also hacked by Hotz, was placed for sale on eBay. He states at the auction site “Soon, you will be able to buy unlocked iPhones everywhere, in fact probably before this auction ends. But this is the one that started it all. The one unlocked while the steps were posted live on the blog. This isn’t just an unlocked iPhone, this is a piece of history.” Starting at $540, bids reached $99,999,999, although many bids were canceled as fraudulent. Before their removal, Hotz commented on the excessive bids, stating “I’m sure these most recent bids are fake.” The auction was canceled early by Hotz due to “an error in the listing”.

Tuesday, February 26, 2008

The European Commission currently has proposals on the table to extend performers’ copyright terms. Described by Professor Martin Kretschmer as the “Beatles Extension Act”, the proposed measure would extend copyright from 50 to 95 years after recording. A vast number of classical tracks are at stake; the copyright on recordings from the fifties and early sixties is nearing its expiration date, after which it would normally enter the public domain or become ‘public property’. E.U. Commissioner for the Internal Market and Services Charlie McCreevy is proposing this extension, and if the other relevant Directorate Generales (Information Society, Consumers, Culture, Trade, Competition, etc.) agree with the proposal, it will be sent to the European Parliament.

Wikinews contacted Erik Josefsson, European Affairs Coordinator for the Electronic Frontier Foundation (E.F.F.), who invited us to Brussels, the heart of E.U. policy making, to discuss this new proposal and its implications. Expecting an office interview, we arrived to discover that the event was a party and meetup conveniently coinciding with FOSDEM 2008 (the Free and Open source Software Developers’ European Meeting). The meetup was in a sprawling city centre apartment festooned with E.F.F. flags and looked to be a party that would go on into the early hours of the morning with copious food and drink on tap. As more people showed up for the event it turned out that it was a truly international crowd, with guests from all over Europe.

Eddan Katz, the new International Affairs Director of the E.F.F., had come over from the U.S. to connect to the European E.F.F. network, and he gladly took part in our interview. Eddan Katz explained that the Electronic Frontier Foundation is “A non-profit organisation working to protect civil liberties and freedoms online. The E.F.F. has fought for information privacy rights online, in relation to both the government and companies who, with insufficient transparency, collect, aggregate and make abuse of information about individuals.” Another major focus of their advocacy is intellectual property, said Eddan: “The E.F.F. represents what would be the public interest, those parts of society that don’t have a concentration of power, that the private interests do have in terms of lobbying.”

Becky Hogge, Executive Director of the U.K.’s Open Rights Group (O.R.G.), joined our discussion as well. “The goals of the Open Rights Group are very simple: we speak up whenever we see civil, consumer or human rights being affected by the poor implementation or the poor regulation of new technologies,” Becky summarised. “In that sense, people call us -I mean the E.F.F. has been around, in internet years, since the beginning of time- but the Open Rights Group is often called the British E.F.F.“

Sunday, April 2, 2006

President Bush signed the “USA PATRIOT Act Additional Reauthorizing Amendments Act of 2006” into law. In the signing statement, Bush averred that he could withhold information about the administration’s controversial use of Foreign Intelligence Surveillance Act powers and National Security Letters if he deemed that they impaired foreign relations, national security, the deliberative processes of the Executive, or the performance of the Executive’s constitutional duties. Lawmakers and Legal experts have questioned the president’s authority to contravene the Congress’s intent in such a way.

The Patriot Act reauthorisation bill specifically mandates the Inspector General of the Department of Justice to audit the administration’s use of investigative authority granted by the Foreign Intelligence Surveillance Act and National Security Letters and requires these audits to be submitted for congressional review.

In the signing statement, President Bush wrote “The executive branch shall construe the provisions of H.R. 3199 that call for furnishing information to entities outside the executive branch, such as sections 106A and 119, in a manner consistent with the President’s constitutional authority to supervise the unitary executive branch and to withhold information the disclosure of which could impair foreign relations, national security, the deliberative processes of the Executive, or the performance of the Executive’s constitutional duties.”

This follows on the heels of the signing of the congressional ban on torture issued in January of this year, when the President declared that he would view the interrogation limits in the context of his broader powers to protect national security. A senior white house official told a Boston Globe reporter that “Of course the president has the obligation to follow this law, [but] he also has the obligation to defend and protect the country as the commander in chief, and he will have to square those two responsibilities in each case.” The official added “We are not expecting that those two responsibilities will come into conflict, but it’s possible that they will.”

Lawmakers tried to get a handle on President Bush’s use of signing statements in 2003, by passing a Justice Department spending bill that required the department to inform Congress whenever the administration decided to ignore a legislative provision on constitutional grounds.

Bush signed the bill, but issued a statement asserting his right to ignore the notification requirement.

Friday, March 2, 2007

Sirius CEO Mel Karmazin appeared before a newly formed Antitrust Task Force, a sub-committee of the House Judiciary Committee, on Wednesday last week in Washington, D.C. to defend the proposed U.S. merger between XM and Sirius satellite radio services.

The hearing, carried live on C-SPAN, was attended by representatives from various competing broadcast companies. The representatives challenged the merger deal, and some speakers were openly hostile to Karmazin and to satellite radio in general, while other speakers were more civil.

Several times during the debate, the discussion centered on the failed merger deal between the two satellite television networks DirecTV and Echostar. The comparison between this proposed radio merger and the failed television merger was settled to some extent with an understanding that nearly all television viewers now use either cable or satellite to view available programming. Televised programming content is now delivered mainly in the form of a subscription, rather than airwave transmissions.

Unlike television programming, most radio listeners use over the air receivers to listen to free programming content supported advertisers.

“We come to this hearing with an open mind, but we recognize that the companies have the obligation to convince the Congress, the regulators, and most importantly, the American People that this combination will improve the competitive playing field and benefit consumers,” said John Conyers, the sub-committee chairman. To determine the legality of this merger, Congress first needs to decide whether a combined XM and Sirius would be a monopoly, as the only satellite radio provider in the United States, or whether the new company will actually be in competition with other forms of radio-like entertainment, according to Conyers. The hearing focused on alternatives such as Internet radio, terrestrial radio, portable audio devices, and emerging services, such as cell phone services and WiMax.

Thursday, May 7, 2009

Penske Automotive Group, Inc., an Ohio-based investment group and Telesto Ventures have indicated separately that they are interested in purchasing the Saturn auto brand from General Motors (GM).

According to The Wall Street Journal, Nissan-Renault is interested in purchasing Saturn. Bloomberg, however, indicated that Nissan-Renault may be a partner of Penske’s potential bid. If Penske acquired the brand, they would distribute Saturn vehicles and outsource the assembly.

GM revealed that the Saturn brand along with Saab and Hummer were up for sale when unveiling their restructuring plans to Congress for governmental loans. While the Pontiac brand was originally to be a niche brand, GM had changed their plans recently and decided to eliminate the brand.

Telesto Ventures is an investment group that includes private equity firm Black Oak Partners LLC of Oklahoma City and several Saturn dealerships. Initially, Telesto will purchase Saturn branded cars from GM then act as a general retailer for foreign brands. Telesto is in talks with several foreign manufacturers.

The Ohio group includes many former senior auto company managers plus private financial backers, chemists and engineers who live in Michigan, Ohio, Indiana and Florida. This group plans to initially purchase cars from GM then purchase existing but closed plants due to automaker restructuring. Additionally, one of the partners indicated a willingness to accept some “legacy” cost in relation to the United Auto Workers. The Ohio group is also pursuing possible loans or other support from national and state governments.

GM is reviewing several offers for Saturn. GM has contracted with S.J. Girsky & Co. to advise them on the sale.

Friday, February 8, 2008

The United States House of Representatives has passed the bipartisan US$152 billion economic stimulus package that gives one-time rebates to United States citizens, US$600 for individuals or US$1,200 for couples plus US$300 for each child. US$300 checks would be sent to people on low-income including retirees on Social Security which was not included in the original bill backed by President George W. Bush. The plan would begin to decrease rebates for citizens with taxable incomes of US$75,000 for individuals and US$150,000 for couples. The checks would go out to more than a 130 million Americans according to Treasury secretary Henry Paulson.

The House overwhelmingly approved the more broad Senate amended bill which included the low-income portion mentioned above along with provisions that would keep illegal aliens from receiving a rebate check. Despite some opposition from some Congressmen, such as John B. T. Campbell III of California’s 48th congressional district, the plan passed overwhelmingly 380–34.

Campbell called the plan “wealth redistribution” and noted it did not have safeguards to prevent illegals from receiving these rebates and also claimed that stimulus plan would increase the deficit more and noted the cause of the looming recession was because of “credit problems.”

The United States Senate voted hours earlier on the bill which passed in the Senate, 81–16. after having to shed some incentives included by Senate Democrats which caused the bill to fail. Some of the incentives that were left out of the plan in a compromise to gain Republican support were demands for benefits for long-term unemployed workers and stipulation that would allow low-income citizens to pay off heating bills and let home builders pay off losses off the current year against previous tax years.

President Bush approved of the package, noting in a statement, “This plan is robust, broad-based, timely, and it will be effective, this bill will help to stimulate consumer spending and accelerate needed business investment.”

Thursday, August 21, 2008

August 21, 2008 is the 12th major day of the 2008 Olympic games. The below article lists some of the highlights.

Olga Kaniskina, who represents Russia, has set a new Olympic record in the women’s 20km walk with her time of 1 hour and 36 minutes. After the race Kaniskina said that the weather did not affect the record.

“I think my regular training is the most important factor contributing to my victory,” she said, explaining the factors that she believes led her to victory.

Britons Iain Percy and Andy Simptson won the gold medal in the star class sailing event after a successful performance in the final round, which took place today. The pair started today in silver medal position, and gained one place in the final round to win the gold medal.

Spanish Fernando Echavarri and Anton Paz won an Olympic gold medal in Sailing’s fast Tornado catamaran class. Darren Bundock and Glenn Ashby from Australia finished in second place and the Argentinean pair of Santiago Lange and Carlos Espinola won the bronze medal.

Maarten van der Weijden, a long distance swimmer from the Netherlands, beat the favorites in the men’s marathon 10 km swimming event to secure the gold medal with a time of 1:51:51.6. David Davies, who was one of the favourites to win the gold medal, was overtaken by Weijden in the final 500 metres of the race.

Davies finished 1.5 seconds behind Weijden.

Misty May-Treanor and Kerri Walsh won the Olympic gold medal for the United States in the women’s beach volleyball competition by winning every set in the final against the Chinese Tian Jia and Wang Jie.

Both sets were won 21-18.

American LaShawn Merritt won the final of the Men’s 400 meters in an event which saw all three of the medals going to the American team.

Jamaican Veronica Campbell-Brown won the gold medal in the final of the women’s 200m sprint with a time of 21.74 seconds.

Allyson Felix, the defending Olympic champion, who was representing United States, won the silver medal, with her time being approximately 0.2 seconds behind the time of the winner.

Nelson Evora won the men’s triple jump at the 2008 Beijing Summer Olympics. Evora won the gold medal with a jump of 17.67 meters beating silver medalist Phillips Idowu of Great Britain by 5 centimeters (17.62 meters). Leevan Sanders of the Bahamas won the bronze medal with a triple jump of 17.59 meters. link Nelson Evora of Portugal Wins Men’s Triple Jump Gold Medal

Wednesday, May 30, 2007

New Zealander Folole Muliaga died Tuesday morning after Mercury Energy cut off the power in her household due to $168.40 of unpaid bills. Mrs Folole Muliaga was seriously ill and dependent on an oxygen life support machine that required electricity to run.

The 44-year-old died two and a half hours after the power was cut by a contractor, working for State Owned Enterprise, Mercury Energy. A spokesperson for Mercury Energy has said that they are devastated and deeply sympathetic by the news, but state they did not know that the power was needed to run the oxygen machine. They have stated that discretion is exercised in cases of extreme hardship or when medical conditions make it appropriate and that the same contractor had done so the previous day. However, relatives claim that the contractor was told that the power was needed by family members present, was invited into the house and talked to Mrs Folole Muliaga, but showed no discretion or compassion under the circumstances.

The power was cut at about 11am. Brendan Sheehan, spokesperson for the family, said that after the power was cut, Mrs Muliaga suffered from breathing difficulties. During this time Mrs Mulianga declined an offer for an ambulance from family members. At about 1pm she informed her sons that she was feeling dizzy and asked for hymns to be sung. Her condition quickly deteriorated until she couldn’t speak. When she passed out at 1:32pm, an ambulance was called but Mrs Mulianga could not be revived when it arrived 12 minutes later.

That same evening remaining family members claim they had to grieve in the dark, power was only reconnected after the outstanding amount of $168.40 was paid to Mercury Energy. Mercury Energy claim that the were initially only made aware that a funeral was going to take place and attempted to reconnect the supply at midnight once the full circumstances were made clear but were unable to contact the family. They state the supply was eventually reconnected before 8am the next day. Evidence has been provided by family members to show that they had made two payments to Mercury Energy in the same month trying to clear their outstanding bill, $61.90 on 1 May 2007, and $45 on 17 May 2007.

Trevor Mallard, minister of State Owned Enterprises, said, “I do think it is important that the facts are established before people rush to judgement.”

Both the New Zealand Police and Mercury Energy, the retail operating division of Mighty River Power, are conducting investigations into the events.

The mother-of-four school teacher lived in Mangere, South Auckland and had been suffering from a heart and lung condition, according to relatives of Mrs Muliaga, since February.

Hospital doctors have expressed surprise at the short length of time between when the supply was cut and the death occurred. They have also explained that relatives are trained what to do if the supply is lost, including to call for an ambulance if severe symptoms develop.