So pissed oFf before Xmas because of $10,000 ACC withholding from me and so broke, looking around for a way of getting my legal stuff in front of a judge and thought Habeas Corpus might work. Now I know even more sure about it. This will be why Crown Law are appealing it in Appeal Court because REALISE THIS LAW IS THE DOOR FOR US PEASANTS BEING DENIED $ AND SERVICES, TO HOLD LOTS OF DIFFERENT GOVERNMENT AND LEGAL AGENCIES TO ACCOUNT.
Crown Law said they didn’t want the urgency requirements of Habeas Corpus applied. As you will see the documents they used to support their case for having the appeal for the application thrown out actually gave me the evidence I needed to support it. What dumbarses – can’t see the forest for the trees those legal people – live in their own little elitist self-righteous worlds.
Sure I have a right to use this law mainly because I discovered the dictionary definition of LIBERTY is freedom from oppression OR imprisonment. Below is the original application, then the appeal because I Judge Ellis struck out the application, now Crown Law are appealing the appeal – arseholes. Below is a link to the law if you want to look it up.
In the High Court of New Zealand
Under the Habeas Corpus Act 2001
In the matter of an application for a writ of habeas corpus
BETWEEEN Jayne E R, Carterton, Civil Society Actor as defined by the United Nations handbook on Civil Society
AND Scott Pickering, CEO of ACC at 19 Aitken Street, Wellington
AND Mike Bush, Commissioner of NZ Police at 180 Molesworth Street, Thorndon, Wellington
AND Debbie Power, CEO of Ministry of Social Development at 56 The Terrace, Wellington
AND Andrew Kibblewhite, CEO of Ministry of Justice also at 19 Aitken Street, Wellington
AND Dr Ashley Bloomfield, CEO of Ministry of Health at 133 Molesworth Street, Thorndon, Wellington
Application for a Writ of Habeas Corpus
Filed by: Jayne E R…….. firstname.lastname@example.org
To the Registrar of the High Court at Wellington
To Scott Pickering, Chief Executive of ACC at 19 Aitken Street, Wellington
And Mike Bush, Commissioner of NZ Police at 180 Molesworth Street, Thorndon, Wellington
And Debbie Power, Chief Executive of Ministry of Social Development at 56 The Terrace, Wellington
And Andrew Kibblewhite, Chief Executive of Ministry of Justice also at 19 Aitken Street, Wellington
And Dr Ashley Bloomfield, Chief Executive of Ministry of Health at 133 Molesworth Street, Thorndon, Wellington
This document notifies you that –
- The applicant, J E R, will on ……………………………….. apply to the court for an order for a writ of habeas corpus
- The grounds on which each order is sought are as follows:
- I am being detained (which includes every form of restraint of liberty of the person) by being deprived of my entitlements to ACC treatment, care, rehabilitation, housing and Independence Allowance illegally withheld after winning two ACC Reviews in 2010 and 2011 (now over $10,000 according to WINZ staff and Lawyer Alisdair Ross who ACC gloated they were holding of mine).
- I was told ACC Review decisions have the same standing as a District Court decision and yet ACC continue to deprive me of my entitlements. Instead repeatedly saying I will receive services then failing to provide them. With no concern for my welfare or life.
- I am being harmed and my physical and mental health are deteriorating and life-threatening.
- My level of poverty, deprivation, restriction and confinement are greater than that of an incarcerated convicted criminal.
- I receive less health care, access to a lawyer/law, opportunity to work, study, social interaction, care, rehabilitation and stable affordable shelter (ie basic necessities of life) than an incarcerated convicted serious criminal.
- Although not in prison or a police cell when I write this, I am under constant threat and fear of incarceration and/or drugging without bail for any protest I do where I become distressed in any way.
- I have been recently labelled insane and unfit to stand trial on approximately 25 unjustified charges related to my protests. As a result these matters will not be argued and court and those who have harmed me and I responded with non-violent protest will not be held to account. This will also include my complaint of a completely unwarranted violent assault with handcuffs during one of the arrests.
- It is the right thing to do.
- I am so poor I am forced to beg for food which I find extremely degrading, people in prison aren’t forced to beg for food.
- It is the appropriate instrument to quickly force those harming and depriving me of my own money (10yrs of accrued Independence Allowance) and health care, taking into consideration the life-threatening nature of my disability (Complex PTSD has a 60% mortality rate due to suicide).
- I have been unable to get a lawyer to take a judicial review for nine years. Community law refuse to instruct me how to do it myself, I don’t have the money to hire a lawyer and although I have studied the documents that instruct you how to do it have been unable to work it out.
- WINZ are well aware of my situation with being deprived of ACC care. When my awesome case manager Tina Hemi tried to do something about it, she was prevented. I am kept rotting on welfare and unemployed which contributes significantly to my suicidal ideation (WHICH IS VERY DANGEROUS and not what Dr Nick Judson suggests). I don’t want to die, every suicidal episode I have makes that outcome more likely.
- I have asked dozens of lawyers to act for me in civil matters, I have been given lists of names by Community law. The answers are always the same, I don’t have time and/or I don’t have the expertise in such a complicated case. (Not me who made it complicated.)
- If I had the IA of over $10,000 ACC are withholding these are some of the most basic things I could afford that I cannot do now:
- Insure my car – it is not insured for first time in my life since last rent increase
- Get new tyres, repairs and service for my car so I feel safe and it is reliable (electric windows have just stopped working)
- Visit my daughter who had a serious car accident several months ago
- Develop a business around my poetry, songwriting, art, writing and other things I make and sell using recycled new materials from the building and retail industry
- Eat decent healthy culturally appropriate foods for someone born in New Zealand
- Have people to my home for a meal and take food with me if I invited somewhere else. I don’t do either as I am so humiliated at my food issues.
- Go into a joint home ownership situation with another person so I have a stable safe affordable home (where I can grow a vege garden and nobody can kick me out)
- Not experience safety, shelter and food insecurity which is extremely debilitating, stressful and inhuman
- Pay back people who have helped me over the past couple of years particularly when I became too terrified to get another flatmate after a more than six really bad ones.
- Pay back a person who has helped me more recently who is also an impoverished abuse victim with Complex PTSD. So she can visit her children/family/grandchildren only 2 hours drive away for the Xmas/New year holidays. Her distress at not being able to do this is also my distress, she really needs to see her family. It is impossible to support someone when you both being subjected to degrading soul-destroying poverty, you end up traumatising each other more often than not.
- I am now so terrified of police, if I go for a walk without my car, I become overwhelmed if I see a police car or police officer and my brain/body shuts down. I immediately freeze, put my head down & close my eyes until I know the danger is passed. In the middle of the street, it is so humiliating.
- Legal Aid are acting illegally and denying me criminal legal aid for current raft of minor charges related to my valid legal non-violent protests.
- Health providers are refusing me all health care (except hospital A&E) due to inaccuracies, lies, discrimination and bigotry. Most of this is perpetrated by ACC, public mental health services (which I protest against), police and contracted officials, like those who work for Bell Gully and Meredith Connell.
- I desperately need to see a doctor about my ankle, valid skin cancer concerns and my worsening kidney/bladder issues.
- When a 6’+ tall security guard at Masterton court I had never ever seen ‘rattled’ no matter who he was dealing with and I had got on with very well for past few years became abusive and threatening. When I was waiting for my bail forms last time after I had just been labelled insane and realising the ramification of this and the demand for a compulsory treatment order by police. Jason became very angry when I started wailing in distress & threatened me with police cells (which he knew I was terrified of) so I had to stop, the pain in my chest/body was overwhelming and I started self-harming/hitting myself, he again threatened me so I had to stop. I was sitting and bent my head down, started rocking and saying repeatedly I wish I was dead. He again became angry, threatened me with police, was really mean and insulting and told me I WAS DOING IT ON PURPOSE TO HURT HIM. Mental health staff had told everybody my overwhelming distress was me putting on an act. I wrote a poem called I’m Not Allowed to Cry. I also had a similar experience with WINZ staff.
- I am sure I could give more reasons for why being kept impoverished and without health care is being unlawfully detained and worse treatment than the very dangerous criminals in jail but I am becoming very distressed and unwell writing this.
- The application is made in reliance on:
- ACC Review decisions 182678 Date of hearing 30 June 2010 (Appendix A) and 194747 Date of Hearing 10 February 2011 (Appendix B)
- Imperial Laws Application Act 1988 with particular reference to (1275) 3 Edw 1, c 1 – (Statutes of Westminister the First) so much of that Act as is stated in the worlds “The King willeth and commandeth….. that common right be done to all, as well poor as rich, without respect of persons.” [being the English translation of part of the authentic text of that Act as it appears in the edition called Statutes of the Realm].
- Magna Carta 1297
- Habeas Corpus Act 2001
- Crimes Act 1961 Sections 150A – 151 – 116 – 157
- NZ Bill of Rights 1990
- Human Rights Act 1993
- New Zealand Public Health and Disability Act 2000
- Common sense and doing what is right
- Addressing a gross injustice of Psychological Torture and other Cruel, Inhuman or Degrading Treatment or Punishment as defined by the United Nations.
- Full version of NZ National Anthem God Defend New Zealand (which I consider a constitutional document)
- New Zealand Disability Strategy 2016-2026
- Disability Action Plan 2019-2023
- NZ Government signed ratified United Nations treaties:
- Universal Declaration on Human Rights
- Convention on Rights of People with Disabilities
- International Covenant on Economic Social & Cultural Rights
- Oaths sworn by police, public servants and judiciary to uphold the law and do what is right as interpreted by the Queen who is head of the Anglican church, which believes in the King James bible – which sits beside me while I write and gives me the strength to do this application in the face of overwhelming fear within me and evil within those that put me here.
19th day of December 2019
This document is filed by the applicant in person. The address for service of the applicant is ….
…………………………………………………………………………… APPLICATION FAILED AT HIGH COURT, SO I APPEALED
Rule 30 Form 2
IN THE COURT OF APPEAL OF NEW ZEALAND
BETWEEN Jayne E R
AND The Queen
NOTICE OF APPEAL
Filed by: Jayne E. R Carterton. Phone …..hotmail.co.nz
The appellant in the proceeding identified above, Jayne E R, gives notice that the appellant is appealing to the Court against the decision of judge Rebecca Ellis in the High Court at Wellington on 19 December 2019 to decline my application for a Writ of Habeas Corpus, based on Sections 5.35a and 5.35b of the High Court Rules. Particularly that my application was struck out because it was plainly an abuse of the process of the court, which it unequivocally was not.
- The specific grounds of the appeal are:
- That the Registrar at the High Court in Wellington did by her actions accept my application. She gave me an email address so my respondents could access the supporting documents for the application. Told me to serve the respondents at the various government agencies and come back after she had seen the judge. If she thought my application plainly an abuse of the process she would not have done that. She saw me cry with relief when she accepted it, as I knew the significance of the registrar acceptance. I have had applications to the court refused by the Registrars and the court in Masterton.
- The judge Rebecca Ellis states in her decision that she would go back to the Registrar part of the process and decline it at that point. You can’t do that, the law doesn’t work like that. There is a separation of powers at this point between the Registrar and applicant which is obviously there for good reason.
- Judge Rebecca Ellis has, in an undignified, unprofessional, elitist and insulting way, suggested that the very fact I was delivering these documents in person proved Habeas Corpus law could not be applied. When my application in fact challenges that interpretation of detention in 2020 neo-liberal New Zealand. The Act definition of detention plainly does not include incarceration. I argue detention should include depriving people of financial and health/ACC entitlements so they are kept in terrifying, degrading, demeaning, dehumanising, cruel poverty.
- I vehemently deny my application for a Writ of Habeas Corpus is plainly an abuse of the legal process. It is use of the process, a simple legal avenue open to me as a poor person. An avenue that is quick and holds people in power over me to account for their actions in front of a senior judge of the court.
- This application can only have a positive outcome for my upcoming criminal case, as the judge and I will know exactly why I am being deprived of my Independence Allowance, other entitlements and caused harm by ACC and others.
- My application is not related to any serious crime I have committed. They are related to fundamental rights as a disabled and poor citizens of New Zealand, the Commonwealth and a United Nations country.
- The situation I am in is an abuse of political power, that goes unaddressed and weakly denied. Parliamentary Services and a group they set up to turn people demanding entitlements to health care/ACC etc into terrorised, discredited citizens. I trust this appeal and original application are clear enough to prove I am indeed an intelligent person who is definitely not insane in my desperation to understand what his happening to me and get justice so I can move on with my life and return to work.
- I refer to the original application declined by Rebecca Ellis and all the reasons on there that the application should be approved. I believe her scorn that I would use this legal instrument in this way was proof of her bias. Which as a #metoo women I find heartbreaking.
- It is right and just I get to hold account these obscenely over paid CEO’s and leaders of our country, who are abusing their power over me.
- That as a disable victim of crime on Invalids Benefit in the situation I am with police and being deprived of health care, very isolated, I am receiving less than someone who has committed serious crimes against people and in prison. I have never hurt anyone, they hurt me.
- I have not been allowed to see a GP for over three years, it is very scary knowing the only place I can go is A & E. I have physical health issues that are getting worse, I am in constant pain and cannot see a GP. After years of doctors ignoring my requests to have my ACC care reinstated I became extremely terrified and distrusting of doctors. I would need a trusted mental health worker to accompany me, that worker I had in 2009 and was removed. Workers I have had that belonged to Pathways made doctor’s visits much much worse they were so unprofessional, incompetent and bigoted (even sexually offensive). After years of being forced to go and see doctors to get my invalids/disability benefit signed, for over two years now I have not had to do that and WINZ senior managers do not care at all I cannot access services. Neither does the complaints office and the DHB who have mocked me about the situation – when I know other people with serious trust issues get mental health support workers for this – I am deprived of this support.
- The appellant seeks the following judgement from the Court of Appeal:
- That the application for a Writ of Habeas Corpus be accepted on the grounds detention could also include a citizen deprived of financial and health entitlements being kept in poverty.
- That my application is not an abuse of the legal process.
- That the court provide some oversight on this process to prevent further persecution by government agencies I have named in this application. I am being harassed through social media and Parliamentary Services are using the police, who everybody knows I am terrified of.
- I do not know the scope of the court’s powers in judging other aspects behind the application for the writ. Particularly keeping me safe, from psychological harm and ill treatment at home or when protesting.
- Can this court have police trespassed from my home, the stress of their continued threat is huge. I don’t feel safe anywhere at any time. Cruel corrupt people are using the police to harm me further, documents attached. If they were trespassed they wouldn’t come here, I now have nightmares they are coming to get me. I have said they could phone if they must, mostly they refuse and just turn up out of the blue to terrify me. Police and others know how terrified I am and humiliated in front of my neighbours (I had a friend here last time they came a couple of days ago).
- To make a judgement that if my application for a Writ of Habeas Corpus succeeds this court will make sure the questions me or the judge is asking are answered. These respondents often just offer up nonsense answers and saying I am going to receive entitlements- then not provide them, or have state I have never been deprived of them, or its all my fault and I’m a liar ie mentally ill.
- Can the court do anything about my legal situation, now that Ministry of Justice has employed a bias lawyer to ‘assure my rights are protected’. Michael Bott, who ran for Labour in the 2011 election and both him and ‘the court’ believe this isn’t a conflict of interest. Labour are named as applicants in the criminal charges and the ones depriving me of entitlements. Also that my history with Bott started when he was a candidate for Labour and he did nothing to help me when I asked him to from 2011.
- Legal Aid have been unco-operative, demeaning and abusive, they violate the law instead of upholding it. It is a fundamental principle of law I have an appropriately qualified and resourced lawyer. The most violent criminals and immigrants in New Zealand get legal support of $100,000s that me as a local victim of crime, is deprived of. My formal complaints are ignored – can this court do anything about this?
- Any direction from the appeal court judge about what I can do and how I can get their assistance in this terrifying surreal situation would be welcome.
……………………………………………………………………………………………CROWN LAW APPEALED & I WAS ALLOWED TO SEND MORE DOCUMENTS ONCE I HAD READ THEIR APPEAL DETAILS – although they sent them 4.30pm on Friday, hoping I wouldn’t be able to respond I bet. Thankfully I had until 9am Tuesday (because of long weekend in Wellington) to get further information to the court – absolutely vital information about the LIBERTY and freedom from oppression argument. Now we will see how corrupt the judicial and legal system are in New Zealand. Can’t see how they can get out of this one – the law and dictionary are very clear.
IN THE COURT OF APPEAL OF NEW ZEALAND
BETWEEN Jayne E R
AND The Queen
FURTHER INFORMATION IN REGARD TO APPEAL
Filed by: Jayne E. R, Carterton. Phone hotmail.co.nz
On Friday I, Jayne E R. received an emaiil and documents from the respondent opposing my appeal for a writ of habeas corpus, which was very distressing. However a review of their reasoning and authorities has greatly assisted my case for the writ being issued to the respondents already named and two others who will be served soon.
The specific grounds of my appeal failed to detail one of the most simple things (when I discovered it I couldn’t believe what I was reading) about why my Habeas Corpus application should be successful. I don’t mean to offend anybody by assuming they don’t know the meaning of the word liberty but it appears the past 17 years of justice organisations (police, courts, commissions and tribunals), politicians, lawyers and others don’t. detention includes every form of restraint of liberty of the person
- The accepted Oxford dictionary definition of the word LIBERTY is: liberty .n (pl. –ies) 1 the state of being free from oppression or imprisonment. 2 a right or privilege, especially a statutory one. 3 the power or scope to act as one pleases……..
- I am being oppressed and have been for many years, which without initially knowing the definition of this law, is the basis of my application and objection to this appeal by Crown Law. My entire social media presence on facebook /jrmurphypoetmusician – youtube JR Murphy Poet and website jrmurphypoet.com are all dedicated to educating poor trauma/crime victims and exposing mine and others oppression. Without the justice I am entitled to I could not return to work and am further oppressed, so I became a non-violent Civil Society Activist to address these issues.
- I have done everything within my power/disability and within the current laws and processes, that I was made aware of, by all manner of authority/court/commission/tribunal, to get justice which failed.
- It is illegal for the government to use the concept of BUDGETS to deprive people of professional health care, state housing in their community, justice and legal representation they are entitled to under New Zealand law as a Commonwealth Citizen. The government purposely chooses to cut taxes to the wealthy people and corporations so their wealth increases and is now considered obscene. While illegal austerity and depriving some people of statutory entitlements makes those poor people poorer. As a result New Zealand government then borrowed $billions and pay $millions every day in interest on that money to foreign banks. If that tax money going on interest wasn’t going to foreign banks then it would be used to make sure EVERY CITIZEN had the treatment, care, rehabilitation, home and access to justice they are legally entitled to. The government makes choices that ensure I have no choices. The government make these choices to profit and encourage health insurance – in fact all forms of insurance – to create profits for business and harm people like me. THIS IS NOT MY CULTURE!
The appellant now seeks the following further judgement from the Court of Appeal:
- I should receive the health care I am statutorily required to based on professional ethical standards, which also accommodate my cultural rights as a Pakeha New Zealander, spiritual beliefs and constitutional rights as a subject of the Commonwealth under Queen Elizabeth II head of the Anglican Church.
- That these professional standards of care are not limited by the self-imposed budgets of cruel people within ACC, our government and other powerful people who are not health professionals. Including corrupted contractors and health professionals directly employed by ACC.
- That I have legal support I am statutorily required to receive, taking into account communication and trauma impairments I now have related to my disability (Complex PTSD).
- That I receive justice and compensation for all the wrongdoings and instances of oppression that have destroyed my peace, liberty, relationships and so many times almost destroyed me.
- Police and others monitored to ensure they also protect me from crimes/injustices I am being subjected to, whether from professionals, government agents, mentally ill people or any members of the community.
- Ensure an investigation, which the Appeal Court judges adjudicate on, to establish if police have adhered to the Solicitor-General’s prosecution guidelines in relation to the 25 criminal charges I currently face. A review of my entire police and justice file will prove without doubt I am being oppressed. The Police Commissioner and CEO of Ministry of Justice as respondents will supply all of this information if my Habeas Corpus application is successful.
- I don’t know if I am doing this right, there is so many other things, for so many years, that have gone on that need addressing, I will stop here and ask the court to do what they can to help me and others I know being oppressed. This is New Zealand and the very corrupt Transparency International tell the entire world every year how this country is not corrupt, when I know it is. They made ex Auditor General Lyn Provost one of their supporters, when she had me interviewed for an ACC performance audit where I told them what was happening to me. They ignored it and ACC were allowed to continue their abuse/criminal neglect and targeting of people like myself.
Dated: 20th January 2020
Jayne E R
TO: The Registrar in the Court of Appeal
AND: The respondent Crown Law