AAARGH

NOTES

2 . "We do not endorse or in any way condone Holocaust revisionism . . . ." Daryl LeGrew, letter to university staff, 20 April 2000 and "Audit pans thesis on Holocaust" The Press (21 December 2000).

3 . Tania Hinehou Butcher, "Relentless persecution of a respected academic" Manawatu Evening Standard (2 November 2002), p. 8.

4. Dov Bing, Professor of Political Science at Waikato University, raised the alarm as early as 14 December 1999 in an email to Vincent Orange. More specifically, The New Zealand Jewish Chronicle 56 (April 2000), pp. 1, 6. The New Zealand Jewish Council subsequently obtained official university documents that enabled it to make a formal submission on the thesis. David Zwartz made a formal request to Alan Hayward, University Registrar (and no relation to Joel Hayward), under provisions of the Official Information Act 1982 on 4 April 2000. In reply, Alan Hayward declined to release some materials. Acting on a request from the New Zealand Jewish Council, the Office of the Ombudsmen twice contacted Vincent Orange about the same materials on 19 June and 14 July. Orange declined to make public the requested documents. However, in his reply of 17 July 2000, Orange wanted to know how David Zwartz had knowledge of a letter dated 21 April that Orange had sent to the University Chancellor. Request for documents was again raised by the law firm of Macfarlane, Dougall, & Stringer, in a letter to Gerald Orchard, 9 August 2000, pp. 12.

5 . The New Zealand Jewish Chronicle 56 (No.6, 2000), p. 6; Sunday Star-Times (28 May 2000); The Press (31 May 2000); letter to the University of Canterbury Working Party, 25 September 2000, 29pp, passim; Listener (24 June 2000), pp. 56; Listener (9 November 2002), p. 8; Report by the Joel Hayward Working Party (University of Canterbury, December 2000), p.34.

6 . Dame Phyllis Guthardt, Chancellor of Canterbury University, letter to university staff, 20 April 2000; "Holocaust thesis investigated" The Press (27 April 2000); "Former High Court judge to chair Holocaust thesis inquiry" The Press (16 May 2000).

7 . Barker: Chancellor of Auckland University from 1991 to 1999 and former Senior Puisne Judge of the High Court of New Zealand; Trotter: Emeritus Professor of History at the University of Otago; and Macintyre: Professor of History at the University of Melbourne. Suggestions were made that the Working Party permit observers at its proceedings, but they were held in private.

8 . Report by the Joel Hayward Working Party, p. 86.

9. Some of that negative reporting is referred to in the notes of this essay. Telephone calls have caused Hayward several times to have his home telephone number changed and at times has received threatening or abusive email on a daily basis. Vincent Orange, letter to Miles Fairburn, 10 February, 2001, p.3.

10 . Detailed in various documents and correspondence. For example, Joel Hayward, letter to Vincent Orange, 22 April 2000, pp. 12; W. David McIntyre, letter to Ian Barker, undated [2000], p. 2; W. David McIntyre, letter to Alan Hayward, 25 May 1992, p. 1; Kingsley McFarlane, letter to Alan Hayward, 5 May 1992, pp. 12; McFarlane, letter to Alan Hayward, 9 September 1992, p. 1; Ian Catanach, letter to Vincent Orange, 30 December 2000, p.3; and Report by the Joel Hayward Working Party, pp.1719, 73.

11 . The head of the History department at that time refused to consider the matter. W. David McIntyre, letter to Alan Hayward, 25 May 1992 wherein McIntyre stated "the interference they have attempted is intolerable."

12Joel Hayward, Letter to the University of Canterbury Working Party, 25 September 2000, p. 3.

13 . "Submission to the University of Canterbury Working Party on the Joel Hayward MA Thesis," by the New Zealand Jewish Council, undated, paragraph 40, p. 8.

14 . L.L. Stevens, QC, "Memorandum for Members of the Working Party,"15 September 2000, p. 15.

15 . Part XIV of the Education Act 1989 underscores the essential principles of academic freedom. Section 161(2) (a) states that students and academics have the freedom, within the law, to query and test received wisdom, to advance new ideas and to state unpopular or controversial opinions. Reprinted Statues of New Zealand (Wellington: New Zealand Government, 1996), volume 34, p. 167. Other relevant canons include the New Zealand Bill of Rights Act 1990, Section 14. Grant Huscroft and Paul Rishworth, eds, Rights and Freedoms: The New Zealand Bill of Rights Act 1990 and the Human Rights Act 1993 (Wellington: Brooker"s, 1995), pp. 5004 at p. 501.

16 . Statement adopted by the Council of the New Zealand Library Association, 15 May 1980. http://www.lianza.org.nz/censorship.htm and commented upon favorably by library personnel. For example, John Redmayne, letter to Daryl LeGrew, 20 April 2000.

17 . Noam Chomsky, "The Faurisson Affair: His Right to Say It" Nation (28 February 1991), p.231. Chomsky is a prominent Jewish intellectual.

18 . Quoted in D. D. Guttenplan, The Holocaust on Trial: History, Justice and the David Irving Libel Case, (London: Granta Books, 2001), p. 302. Hilberg is a well-respected Jewish historian.

19. These principles are urged for example by Frank Haden, "Holocaust denier should have freedom to upset" Sunday Star-Times (21 May 2000) and Tim Darlington, "Politics has no place in thesis arguments" Sunday Star Times (4 June 2000). After the Working Party Report was released supportive letters to the editor were published in The Press (21 December 2000) and (26 December 2000). Hayward"s students likewise expressed their support for him. "Backing for controversial ex-lecturer" Evening Standard (31 October 2002).

20. There are academics who oppose this. For example, Chris Connolly, "Submission on Joel Hayward"s Thesis," [undated, ca. July 2000] p.4 where he states, "We have no business trying to "neuter" history at the postgraduate level, turning out students who shrink from controversy."

21 . "Submission to the University of Canterbury Working Party on the Joel Hayward MA Thesis" by the New Zealand Jewish Council, undated, paragraph 23, p.5.

22 . Elie Wiesel, "Words from a Witness." Conservative Judaism 21 (Spring 1967), p. 43.

23 . David Cohen, "Revisionist history casts campus shadow" The National Business Review (22 November 2002), p. 4.

24 . An irrefutable historical, social and political phenomenon. See for example the thorough and dispassionate treatment in Peter Novick, The Holocaust in American Life (Boston: Houghton Mifflin Company, 1999) and Norman G. Finkelstein, The Holocaust Industry: Reflections on the Exploitation of Jewish Suffering, (London: Verso, 2000).

25 . J.S.A. Hayward, "The Fate of Jews in German Hands: An Historical Enquiry into the Development and Significance of Holocaust Revisionism," unpublished MA thesis, University of Canterbury, 1993, 360 pp.

26 . Hayward, "The Fate of Jews in German Hands," passim but especially pp.143260.

27. See Christian Leitz, "Holocaust Research: The Current Position." History Now 6 (1) May 2000, p.28: "the search for a written order from Hitler will continue as long as there are still files of the Third Reich hidden away in the archives of Russia and elsewhere."

28 . Hayward, "The Fate of Jews in German Hands," p. 336.

29 . Israel Gutman, ed., Encyclopedia of the Holocaust, 4 volumes (New York: Macmillan, 1990), vol. 4, pp.17971802 projects a figure between 5.6 million and 5.9 million while stating the figures are "estimates." Estimated total deaths during and as a result of the Second World War are commonly estimated at between 50 and 60 million.

30 . Yehuda Bauer, "Don"t resist: A Critique of Phillip Lopate." Tikkun 4 (MayJune 1989) p.67.

31 . Cited in Barbara Amouyal, "Doubts over Evidence of Camp Survivors" Jerusalem Post (17 August 1986), p. 1.

32 . A standard reference work, however, lists Neuengamme, Sachsenhausen and Ravensbrück as German camps where gas was used, but does not mention camps such as Dachau and Buchenwald which were formerly thought to have been primarily extermination centres. Encyclopedia of the Holocaust, vol. 2, pp. 53941.

33

. Hayward, "The Fate of Jews in German Hands," p. 336 and Appendix to the thesis, p. 2.

34 . Hayward"s discussion of gas chambers has sometimes been presented as concluding that no gas chambers existed at all. "POW angry over thesis" The Press (20 December 2000); "Audit pans thesis on Holocaust" The Press (21 December 2000) and "MP wants choice of tutor probed" The Press (9 January 2001).

35. Jean-Michel Chaumont, La Concurrence des Victims. (Paris: Editions le Doucouverte, 1997), pp.137, 14849, 156.

36 . As argued by Elie Wiesel. See Irving Abraham, ed. Against Silence: The Voice and Vision of Elie Wiesel, 3 vols. (Washington: Holocaust Library, 1995). Others argue the uniqueness doctrine amounts to "intellectual sleight-of-hand", fetish and cult characteristics (Peter Novick, The Holocaust in American Life, pp.9, 198) just plain silly (Jacob Neusner, The Public Side of Learning (Chico, CA: Scholars Press, 1985), p. 128) or "sterile" (Finkelstein, The Holocaust Industry, p.47). The most systematic treatment of the doctrine of uniqueness is Steven T. Katz, The Holocaust in Historical Context, vol.1. (New York: Oxford University Press, 1994) esp. pp. 28, 58, 60.

37 . A reference to the outrage prompted by Hannah Arendt, Eichmann in Jerusalem: A Report on the Banality of Evil (London: Faber, 1963). It is noteworthy that "almost all scholars have come to accept Arendt"s thesis." Novick, The Holocaust in American Life, p.137.

38. Goldhagen says institutionalised hatred of Jews among Germans produced the holocaust. Daniel Goldhagen, Hitler"s Willing Executioners: Ordinary Germans and the Holocaust (London: Little, Brown & Co. 1996). For a robust critique see Miles Fairburn, Social History: Problems, Strategies and Methods (London: Macmillan, 1999), pp.26380 and Raul Hilberg, "La Phénomène Goldhagen," Les Temps Modernes 592 (Feb-Mar, 1997), pp. 110. On the other hand, Stanley Milgram, a Yale psychologist, in the early 1960s carried out experiments which suggested that ordinary moral people under dictatorial influence could easily engage in atrocities. Stanley Milgram, Obedience to Authority: an Experimental View (London: Tavistock, 1974).

39 . For example, "Hayward lacks the integrity necessary to hold a position of trust in the academic world." Comment by David Zwartz cited in "Thesis supervision angers Jewish group," The Press (3 March 2001), p.1.

40 . Hayward was criticised for having disseminated his thesis, while others condemned him for having embargoed it. It is true that Hayward did give copies of his thesis to two or three individuals. That does not constitute academic publication. While he has been criticized for this there is nothing unusual in it. Whether or not he was naive is hardly relevant. It is a common practice for people assisting research scholars with information to expect or even require a copy of the thesis in return for their cooperation. Hayward gave copies in this manner. "But I expressly forbade any use or publication of the thesis, in part or in whole, and even attached a clearly worded statement to the inside cover, which read: Copyright 1993 J.S.A. Hayward All Rights Reserved No reproduction, copy or transmission of any part of this MA thesis may be made without written permission from the author." Hayward goes on to say that as far as he was aware only Frederick Töben of the Adelaide Institute made any effort to further "holocaust denial" by using his thesis. As soon as this came to Hayward"s attention he "took immediate and successful steps . . . to prevent any mischievous or harmful use of my thesis being made by that man." Joel Hayward, letter to the University of Canterbury Working Party, 25 September 2000, pp. 34. It came to wider attention only after a copy apparently was removed from the Canterbury University library, illegally photocopied and distributed. This act of theft was apparently never investigated by the authorities.

41 . David Zwartz, president of the New Zealand Jewish Council put it bluntly: "We lay full responsibility on the experienced professional historians at the university whose job was to guide and assess his [Hayward"s] work." "Making History" The Press (20 May 2000), p. 2. Astonishment later was expressed that Orange had been appointed convener of the History department Research Committee which oversees all thesis proposals. "Historian in thesis post" The Press (10 June 2000), p. 8. Elsewhere, Orange's resignation was called for. "Shonky thesis a dire scandal" Sunday Star-Times (14 January 2001), p. A8. See also the New Zealand Jewish Chronicle 56 (No.6, 2000), pp.1, 6, 78.

42 . Lyall Lukey, letter to the editor of the Sunday Star-Times (19 January 2001).

43 . Frank Jones, "Rabid Attack" Sunday Star-Times (21 January 2001).

44 . Report by the Joel Hayward Working Party is 89 pages in length but also includes over two hundred pages of supporting materials.

45 . A news media report claimed "amid tight security" the University Council "debated for two hours the findings. . . ." The Press (19 December 2000). According to the Vice Chancellor, "At its meeting on Monday 18 December 2000 the Council adopted the... Report from the Working Party and approved its public release." Daryl LeGrew, letter to Vincent Orange, 19 December 2000.

46 . For example, Ian Catanach and Marie Peters to Vincent Orange, 30 December 2000. A dozen other scholars from around the country expressed their disapproval, some in strident terms.

47 . Vincent Orange, letter to the Working Party, 18 October 2000, 7pp and Orange, letter to Miles Fairburn, 10 February 2001, 18pp.

48 . "A tale . . . full of sound and fury, signifying nothing!" "Comments by Professor (retired) John H. Jensen on "Submission to the University of Canterbury Working Party on the Joel Hayward thesis" by the New Zealand Jewish Council and "Report" by Professor Richard J. Evans," undated, 5pp.

49. For example, Martin Lally, Victoria University, letter to Daryl LeGrew, 1 February 2001, p. 3 but passim. On legal advice, L.L. Stevens, QC, letter to Ian Barker, 10 October 2000, pp.12.

50 . http://www.hist.canterbury.ac.nz/news/index.htm

51 . Minutes of Special Departmental Meeting, 21 February 2001, p. 2.

52 . At least three New Zealand academics (outside Canterbury) publicly calling for Hayward's disgrace admitted not having read the thesis. Certain individuals appeared on national television decrying the thesis but only afterwards read it. Elsewhere, "I have no hesitation in endorsing the New Zealand Jewish Council's condemnation of [Hayward's] University of Canterbury MA thesis." Greg Ryan, letter to the editor, The Press (5 May 2000), p. 4. A month later (6 June), Ryan, a lecturer at Lincoln University, admitted to a member of the Canterbury History department he had not read the Hayward thesis. See also Chris Connolly, "Submission on Joel Hayward's Thesis," p. 5.

53 . Miles Fairburn, memorandum to History Department, 8 February 2001 and Vincent Orange, letter to Miles Fairburn, 10 February 2001, pp. 216. The dossier assembled formally by Orange in February 2001 consists of approximately 144 pages.

54. Vincent Orange, letter to Ann Trotter, 25 May 2000, pp. 12 referring to many of the documents eventually included in the dossier and attaches copies in advance of his own meeting on 26 July. Receipt of the documents also acknowledged by Stuart Macintyre, letter to Vincent Orange, 12 June 2000, p. 1. The documents again are referred to in some detail in Orange"s letter to "Ian Barker and Colleagues" on 16 July 2000, pp. 14.

55 . Report by the Joel Hayward Working Party, p. 86 and Daryl LeGrew, letter to the academic community, 21 December 2000.

56 . The materials evidently were placed in the University archives. Chancellor Phyllis Guthardt, letter to Vincent Orange, 30 April 2001.

57 . "We feel that the Department should be "closed lip" if approached by any media. Also we should wait until we have heard from the VC [vice chancellor], as to what we should say to the media." Judy Robertson (on behalf of Miles Fairburn, head of the department of history), letter to all history staff, 20 April 2000. This was the basis for Orange declining to appear in a proposed segment of the 60 Minutes television programme. Vincent Orange, letter to Melanie Jones, 5 August 2000. A similar communiqué was circulated throughout the History Department on 2 February 2001 and again on 23 October 2002: "We are to give "no comment" and if anyone is persistent refer them to . . . the Registry."

58. Evans was supplied with the examiners' reports on Hayward's thesis as well as Vincent Orange's letter to the Canterbury Chancellor (21 April 2000) by Macfarlane, Dougall, Stringer, barristers and solicitors, and asked by David Zwartz to examine and comment on them. Richard J. Evans, letter to David Zwartz, 19 September 2000, p. 1. Evans concluded that all three documents are problematic, essentially repeating his arguments detailed in his report on the thesis.

59 . "Submission to the University of Canterbury Working Party on the Joel Hayward MA Thesis," (undated) consisting of seventy statements.

60 . There is some dispute over this last point. "Holocaust thesis investigated" The Press (27 April 2000) stated the Jewish Council wanted the thesis removed from the library but Mike Regan of the New Zealand Jewish Council denied it (Canta 3 May 2000), as did David Zwartz. "Flawed arguments" Sunday Star-Times (28 May 2000) and in his letter to Chancellor Phyllis Guthardt, 4 April 2000, p.2.

61 . Gerald Orchard, "To the Working Party inquiry into JSA Hayward"s MA Thesis," 13 October 2000, 4pp.

62 . See Report by the Joel Hayward Working Party, pp. 3637.

63 . L.L. Stevens, QC, "Memorandum for Members of the Working Party," 15 September 2000, p. 21.

64. Journal of Social History 32 (No.4, 1999), pp. 9412; History and Theory 39 (No. 2, 2000), pp. 21829; The Times Literary Supplement no. 4935 (31 October 1997), p. 10; HistoryReviews in History (October 1999), and others.

65 . Richard J. Evans, In Defence of History (London: Granta Books, 1997), pp. 121, 123.

66. Richard J. Evans, Lying About Hitler: History, Holocaust, and the David Irving Trial. (New York: Basic Books, 2001), p. 248.

67 . Report by the Joel Hayward Working Party, pp.3, 57, 70 and 86.

68 . "An odious decision" The New Zealand Jewish Chronicle 57 (No. 3, 2000 [sic]), pp. 1, 7.

69 . Comment by David Zwartz in Sunday Star Times (28 January 2001).

70 . The cost of the enquiry has been reported at $200,000. "Thesis casts shadow" The Press (20 December 2000). Also in Daryl LeGrew, letter to Vincent Orange, 19 December 2000, p. 2 estimated at between $150,000 and $200,000 and in "An open letter to our community from the University of Canterbury", 22 December 2000.

71 . "Varsity leader defends historian" The New Zealand Herald (1516 April 2000) wherein Pro Vice Chancellor Barrie Macdonald of Massey University affirmed the high regard the university had for Hayward.

72. Joel Hayward, letter to Vincent Orange, 9 May 2000, p.1 wherein he refers to specific treatment by a physician. In 2002 Hayward again referred to continuing care.

73 . Joel Hayward, letter, 6 December 2002, read publicly at Orange's retirement function at Canterbury University on the same day. The letter was an expression of gratitude and congratulations to Orange who devoted forty years to Canterbury.

74 . "Second Holocaust thesis controversy" The Press (24 October 2002) and "Essay was revisionist" Waikato Times (23 October 2002). The suggestion was advanced by Dov Bing. Ironically, an editorial shortly thereafter dismissed Bing"s suggestions as "Trivial to-do" The Press (29 October 2002). One wonders why editors of a leading newspaper permitted a "trivial" matter to appear on the front page or composed an editorial on the same "trivial" subject?

75 . Glyn Harper and Joel Hayward, eds, Born to Lead: New Zealand Military Commanders and their Style of Command.

76. Tony Fisk, letter to Joel Hayward, 29 November 2002. Fisk is the managing director of HarperCollins in New Zealand.

77. Joel Hayward, letter to Vincent Orange, 4 December 2002.

78 . Joel Hayward, letter to Vincent Orange, 5 February 2003.

79. John H. Jensen, submission to the Working Party, p. 8; Hayward, letter to the University of Canterbury Working Party, p. 25 and Hayward, letter to Melanie Jones, 6 October 2000 declining to participate in the proposed 60 Minutes programme.

80 . Alan Hayward, letter to Vincent Orange, 17 October 2002.

81 . Vincent Orange, letter to Alan Hayward, 7 May 2000, p. 4.

82 . Charles Liebman, "What should have been done?" Jerusalem Report 2 (9 January 1992), p.37.

83. All of these are considered constituent aspects of holocaust denial in Deborah E. Lipstadt, Denying the Holocaust: The Growing Assault on Truth and Memory (New York: The Free Press, 1993). On what basis can these criteria be considered binding?

84 . Elie Wiesel, "Trivializing the Holocaust." New York Times (16 April 1978), p. 2:1; Harry J. Cargas, "An interview with Elie Wiesel." Holocaust and Genocide Studies 1 (1986), p.5.

85. Neither Joel Hayward nor Vincent Orange has been associated with the preparation of this article and neither has seen it prior to publication.