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A constitutional law expert has questioned Michael Cullen's ability as Attorney General after he delegated responsibility for dealing with possible terrorism charges to the Solicitor General.
Solicitor-General David Collins QC this week ruled there was not enough evidence to meet the high threshold required to authorise prosecutions under the Terrorism Suppression Act.
But Auckland University law professor Bill Hodge said the Act clearly referred to the role of the Attorney General in some situations, and the anti-terror debacle was one of them.
He said the legislation clearly defined the Attorney General's responsibility to advise Cabinet on possible breaches of the law.
Dr Hodge said it was not the first time Dr Cullen had delegated responsibility to Mr Collins who, despite being a very good lawyer, was essentially a senior civil servant.
Dr Hodge said about a year ago, an arrest warrant was issued for an Israeli general who was in the country and Dr Cullen again abdicated his constitutional responsibility and delegated to the Solicitor General.
Dr Hodge said Michael Cullen did not have any legal training, and if he was not up to the job then should not have it.
There has been considerable debate following the Solicitor General's decision not to charge 12 people arrested by police and held in custody under the Terrorism Suppression Act.
Mr Collins said the statute was unworkable and incoherent, although he was reportedly fully briefed on the police raids long before they took place.
While he was satisfied police had good reason to investigate activities in the Ureweras, Collins was of the view the charges and allegations - mostly relating to firearms - did not fall within the guidelines of so-called terror-related crimes.
He did not comment on the evidence, but Dr Hodge said it still needed to be made public, and the constitutional responsibility for that rested with the Attorney General.
Police Commissioner Howard Broad had said charging the 16 accused under the Terrorism Suppression Act was not a step too far and the evidence would speak for itself.
Evidence collected over the past 18 months by police, and obtained by the Herald on Sunday, gives fresh insight into last month's raids.
According to police, since November 2006, six "quasi military training camps" were held in and around the Ruatoki Valley area.
During those "camps", police say, participants were involved in using firearms (including drills with live rounds), conducting ambush exercises and loading and unloading drills with different weapons.
Police allege the various accused were involved in simulating the ambush of vehicles, counter interrogration training and training in the use of molotov cocktails.
Lawyers for the accused have rubbished the police case and claim the tactics used were excessive.
Over a period of 18 months, police went to monumental lengths to thwart the activities of the various accused, using interception warrants to bug landlines and cellphones.
Hundreds of hours worth of recorded conversations form the backbone of the police allegations.
Extensive covert electronic and visual surveillance was undertaken on the so-called training camps in the Ureweras.
Police documents obtained by the Herald on Sunday talk of alleged threats made by the accused but, under the Crimes Act, the newspaper is prevented from publishing any alleged comments from intercepted phone calls and text messages.
Earlier media reports, quoting sources, suggested National leader John Key and US president George Bush were apparent targets of the group - again, allegations which have been rejected by lawyers for the accused.
It was also previously reported that Maori activist Tame Iti - who was released on bail on Friday - christened the group "Rama", the Maori word for enlightenment.
Iti's lawyer Annette Sykes could not be reached for comment last night.
But Auckland Queen's Counsel Peter Williams, who has been hired by Iti's Tuhoe tribe to investigate suing police over the raids, said he was sceptical about the police case.
While he did not want to make a judgment call without having the facts at his disposal, he said if you looked at anyone's phone calls over a period of time you would find things said that could be regarded as "suspect".
"People say things that are not always meant to be taken seriously," he said.
Mr Williams has already described Solicitor-General David Collins' decision not to lay charges under the Terrorism Suppression Act against 12 of the accused as "wise and sagacious".
A total of 16 people were arrested on October 15 on a variety of weapons charges, the most high-profile being Iti, who has long campaigned for independence for his Tuhoe tribe.
Recriminations were swift following the raids with the police actions labelled as heavy-handed: "This has got to be a lesson for New Zealand. We cannot send police stormtrooper-style into people's homes and villages in this small country," Maori Party co-leader Pita Sharples said.
Among the other accused were Whiri Andrew Kemara and Auckland activist Jamie Lockett. He is currently out on bail, and is facing eight firearms offences.
Other accused include Omar Hamed, Emily Bailey and Valerie Morse.
Most of the accused have now been released on bail, and are yet to plead to the charges. They have all indicated they will defend the charges vigorously.
Shane Wenzel, a spokesman for one of the accused, Jamie Lockett, said yesterday the charges were trumped up and ridiculous. "How can you hold people on these allegations. Someone should be hung and quartered for this," he said.
The Herald on Sunday understands police first became concerned about alleged "terror-related" activities in the early part of 2004.
It is understood that in one incident the National Party website was hacked into by a group calling itself "Bl@ckmask".
Then, in March last year, according to police sources, two men allegedly telephoned Parliament telling staff in the Prime Minister's office they would be approaching her at the Auckland Cup races.
Police allege both men later turned up at Ellerslie, and when one tried to approach Helen Clark he was restrained by a police officer.
With concern mounting, police obtained interception warrants allowing them to bug the cellphones and landlines of some of those now standing accused.
According to police, suspicions were first aroused about activities in the Ureweras in April last year.
An off-duty constable, who was tramping in the area at the time, came across a fenced semi-permanent campsite about three hours' walk into the bush.
At the campsite were six male Maori, including one of the accused, police allege.
Then, in September, according to police, an officer noticed one of the accused entering an army surplus store in Auckland, where the police claim the man had inquired about buying camouflage clothing.
Two days later, the accused was stopped by police en route to Ruatoki, near the Urewera National Park and home to what police allege was "quasi military training".
Again, lawyers for the accused have said there was nothing sinister about the camps.
On September 12, police say, two officers were outside the home of the Tongan King following his death when two of the accused arrived to pay their last respects.
One of the officers challenged one of the men about what right he had to be there and was told he was "there for the Maori people" and was not interested in listening to the officer's "white man law".
At the time, police say, the man was wearing combat boots and army style trousers.
Police say the following month another of the accused allegedly bought supplies - including three ready-to-eat food packs and 100 rounds of ammunition - from an Auckland gun shop and then drove to Ruatoki.
The man, police allege, was a regular customer at the store and had previously bought three or four ammunition pouches.
With suspicions aroused, police obtained a search warrant, put men in the Ruatoki bush and secretly began watching the camp they allege was attended by about a dozen people.
Over a period of two hours police claim they heard around 200 rounds of ammunition being fired.
There were also drill-type commands, raising the spectre of military-style training exercises, they said.
Police also obtained a surveillance warrant for another training camp in January.
Between 9.40am and 7.51pm on January 12, police say they heard the sound of high-calibre semi-automatic rounds being fired.
Police estimated 200 rounds were fired during the two-day period.
Surveillance cameras were also placed on a track leading to the camp. The images were later reviewed by police, who allege they showed those involved in the "quasi military training" carrying firearms, wearing camoflage clothing and balaclavas.
They were also using military techniques while on the track, police claimed.
At least 21 different people and eight firearms were seen, police say.
Adding to police concerns was the seizure of two grenade launchers.
The weapons were capable, police say, of launching flares, gas and smoke grenades.
Last month, police swooped on properties in the North Island, arresting 16 people.
Global Peace and Justice Auckland spokesman John Minto yesterday said he was disappointed information from the anti-terror raids was now in the hands of the media.
"The police are trying to get the public to ignore the million-mile gap between a bullshit conversation in a car and a credible threat to life. Threats are made against the Prime Minister in smoko rooms up and down the country every day without the attention of the police," he said.
Wellington lawyer Michael Bott, who is representing one of the accused, agreed.
He told One News: "What you've got is the police conducting intense supervision, monitoring, snooping and eavesdropping for over a year with hi-tech equipment and with informers, and they've taken in a document some juicy titbits and packaged them in this way."
- Additional reporting Newstalk ZB
