Tag Archives: nz police

MOJ corruption being illegally denied legal aid, correspondence

On 22 October I sacked my lawyer citing irreconcilable differences after he insulted me and discriminated against me multiple times.  The final straw were two conversations where he asked me repeatedly what health care I wanted, firstly not allowing me to answer, then when I started to explain my ACC rehab plan from 2009 he told me it was meaningless.  He then started repeating the same thing about what care I wanted over and over again, one of the times he did it very slowly.  There is something seriously wrong with the man and I refuse to deal with him, also given my severe stress disorder I no longer trusted him.  He also called me things that were sexually derogatory in nature and extremely offensive to any woman my age.

I sent WGNCriminallegalAid all the correspondence  between me and the lawyer to prove my case as I have had serious issues with in the past.  Although I emailed the complaint they have refused to send me the legal aid decision electronically, they sent it by mail so I have had to type it out to post it here.   Firstly my response to their decision letter.  then you can see their decision letter which will shock you.

Last time they refused me legal aid for this current case that is now almost two years old, I was not quick enough – because I was so unwell and did not know what to do that I missed the 10 day deadline.  This time the letter dated 5 November arrived at my home on 10 November so I only have 5 days to get it done.   These complaints are very distressing – mostly because I know I will be ignored but also because of the gross injustice I am being subjected to just for wanting my ACC care reinstated after winning two reviews nine years ago.

11 November 2019

WGNCriminalLegalAid@justice.govt.nz

I disagree with the decision to withdraw legal aid and not provide another lawyer and want it reviewed by someone who isn’t corrupt for the following reasons.

  1. The first lawyer you gave me didn’t work in the Wairarapa region, it was only two days before court and I contacted him, he had never heard of me. He told me then he didn’t work in the Wairarapa and hadn’t for years. Legal Aid Services already know this from previous complaints that were ignored.
  2. The second lawyer was Jock Blathwayt and at the time there was a conflict of interest and Jock agreed it wasn’t appropriate for him to be my lawyer.  Legal Aid Services knew this and still prevented me from getting a lawyer for over a year, illegally.
  3. Preventing me from getting a lawyer not only seriously traumatised me and caused me humiliation and harm, it also delayed my case and perverted justice. Which has resulted in me being charged with 25 different minor spurious crimes since.
  4. The relationship with the lawyer broke down as my valid complaint and request to have my case reassigned proves. Which you are unjustly and cruelly ignoring. This is a valid reason to be given a new lawyer according to laws you quote.
  5. It would be an injustice for a purposely impoverished disabled Civil Society Actor in area of suicide, abusive mental health, sexual abuse care, homelessness, civil/human rights and inequality, to be denied a lawyer. Especially when I live in the district with highest rate of suicide and self-harm in New Zealand.

 

As Jock Blathwayt and I are no longer in this legally conflicting situation, if you want to reassign Jock that is fine with me. It is not me who the problem here, it is corrupted Legal Aid Services and the appalling disrespectful behaviour of your staff and lawyers like Alisdair Ross who specialise in denigrating victims of abuse with mental health issues.

 

Still horrified you stated in your letter that the first lawyer was forced to withdraw or dismissed by me when you know from previous complaints he didn’t work in Wairarapa.

 

Sincerely

Jayne R

Civil Society Activist

HUMAN SEWAGE

—————————————————————————————————————————————-

On behalf of the Legal Services Commissioner

5 November 2019

Ms J R

address

Carterton

(for enquiries: Kathryn Ross 0800 253 425)

Legal aid no: (which I won’t give you
Lawyer :   (which I will give you if you want me to)

Your Case:   Fail to answer bail: other acts/statues; Wilful Damage, Other charges < 6 mths x2

 

Dear Ms J R

About your legal aid

 

On behalf of the Commissioner, we write in response to your numerous emails requesting us to reassign this matter from Alisdair Ross to a new lawyer. We have considered your request and now respond as follows:

  1. We will not assign you a new lawyer, and we have decided to withdraw aid, because it is no longer in the interests of justice for you to receive it (s 29(a)(ii) of the Legal services Act 2011 – “the Act”)
  2. We refer to the Commissioner’s “Granting Decisions – Guidelines”, which set out the grounds for reassigning or terminating aid. The relevant part of the guidelines reads:
  • It is expected that reassignment and terminations of assignment will occur infrequently.
  • To request termination of an assignment the lead provider (lawyer) and/or aided person must submit a written request to the legal aid office, which sets out the reasons termination is sought,
  • The aided person can request a change of provider once: a second reassignment may be only in exceptional circumstances. Grounds for reassignment are:
  • Conflict of interest.
  • The provider has insufficient time available.
  • — not relevant
  • —- not relevant
  • A genuine breakdown in professional relationship such that the case is unable to be advanced.
  • ——- not relevant
  1. To date, you have had 2 lawyers assigned to act for you in these matters. We do not accept it would be in the interests of justice for a third lawyer to be assigned to represent you, or for aid to continue, for these reasons:

2.1       The 2 lawyers who have represented you are competent and experienced. They have been dismissed by you, or been forced to withdraw, for reasons which have no bearing on their competence or skill.

2.2       The Commissioner’s policy on applicants (such as yourself) requesting a change of lawyer is clear. You have previously been made aware of this policy.

2.3       Exceptional circumstances do not exist here which justify us granting you another lawyer. Any breakdown in professional relationship in this case has been caused by your behaviour towards previous lawyers.

2.4       This is not the first matter in which you have caused your relationship with lawyers to break down. We refer, for example, to legal aid file 18866786 which concerned a wilful damage charge you faced last year.   (Note from me: I had a great lawyer, Suzie Barnes, we lost the case and the two officers who violently assaulted me and threatened me with worse lied in court – but Suzie was still a good lawyer, just way out of her depth. Especially when ACC lawyers Meredith Connell threatened a judicial review that would taken months if she kept asking for the REAL NAME (they give false names) of my ACC case manager to be subpoenaed as a witness to prove she contacted me by phone and promised me my care would be reinstated. When Suzie asked for CEO of ACC instead, the big guns really came out. Suzie is not part of a huge legal company like Meredith Connell, she could not defend me. There were also other perversions of justice. As a result of losing this case I threw red washable poster paint on the white ribbon banner inside Masterton police station that said SPEAK OUT AGAINST VIOLENCE TOWARDS WOMEN and left a piece of art as well.

2.5       We refer to Cant v R (2013) NZCA 513, Pitiroi v Police (CRI-2012-463-38), and Pointon v Police (2013) NZHC 2352. These cases establish the fact a defendant is not legally represented does not necessarily mount to a miscarriage of justice, or a breach of the New Zealand Bill of Rights Act (BORA).  (NOTE: I could not find these cases on any legal database.)

2.6       You have had ample opportunity and been given the right (more than once), to receive legal assistance without cost, as provided by s 24(f) of BORA. However the Supreme Court noted in R v Condon (2006) NZSC 62: “…. If the accused…. Is rightly refused legal aid….. there will have been no breach of the s 24 (BORA) rights.”  (NOTE: Found this case and it doesn’t apply to my case at all.)

2.7       Here, it is reiterated, you have been given reasonable opportunity of legal representation twice. It cannot be argued unfairness accrues to you, based on this ground.

2.8       We have no confidence, if we assigned you a third lawyer, your behaviour towards that lawyer would be different from your behaviour towards your previous lawyers. (NOTE: What behaviour, last few lawyers been OK, just not Alisdair Ross.)

3.10     S 3 of the Act imposes a duty on the Commissioner to deliver legal aid efficiently and effectively. Given the above circumstances, it would be neither efficient nor effective for us to assign a third lawyer to act for you, or for aid to continue.

 

2.S 31(2) of the Act requires us to give you a reasonable opportunity to make submissions about why aid should not be withdrawn. Accordingly we will give you 10 working days from the date of this letter to make these submissions which, once received, will be considered by us.  (NOTE:  So if they weren’t forced by law to listen to reasons for not withdrawing legal aid then they would just ignore me anyway.  Oh boy do these people hate poor people!)

 

We have written to your lawyer about this decision.

 

If you wish to discuss this further, talk to your lawyer or contact Kathryn Ross on 0800 2 LEGAL AID (0800 253 425) or by email WGNCriminallegalaid@justice.govt.nz

Yours sincerely   (lol shd have been faithfully – no sincerity in this letter)

Kathryn Ross

Grants Officer

Reconsideration rights

 

If you disagree with the decision made you may apply for a reconsideration using the reconsideration form on our website or calling Kathryn Ross………..

—————————————————————————————————————————————-

(I phoned and was told just to send an email).

This is the first time I have read the document properly and I found a whole heap of other BS I never saw before.  Like my lawyer last year Susie Barnes was a good lawyer, just way out of her depth and resources.  The lawyer I have had in the past have been OK, they all got me off vast majority of my charges – I only been convicted of 3 things – Wilful trespass of Law Society for going there and refusing to leave until I got a lawyer – graffiti a few years ago and wilful damage last year.  I have been charged with DOZENS OF CRIMES, MULTIPLE TIMES – most of the charges never even ended up in court because police would drop the charges after three months, just before it got to a serious court sitting.   Gee I wonder why!

I had to represent myself – I was capable of it then – against DHB wilfil trespass charges for a legal protest I did and I won – the case was so bad and their witness the security guard had never been told about BORA and the rights of people to protest on public property.  I asked for compensation for being put through that court case unnecessarily – I was insulted, degraded and ridiculed by the CEO at the time for even asking.

Anyway, must get back to Criminal Legal Aid and add to my complaint above – I HAVE A LOT MORE TO FKN SAY NOW.  WTF are these people on??   Lawyers don’t like me for my protests about wanting me and other mentally injured suicidal abuse victims – mostly women – to get the professional ACC treatment care rehabilitation and homes we are entitled to under NZ law.   Mmmmm the legal profession – terrorising a victim of sexual abuse who asking for health care they entitled to – now why would they possibly do that – ewwwwww.  Do you think Kathryn Ross might be these abusers in the system’s madam – just like that woman did for Geoffrey Epstein.  Ewwwww

Below are more emails I have sent to Wellington Criminal Legal Aid, I post them to show people what goes on, validate if its happening to them and to give people knowledge of how they might approach something similar.

————————————————————————————————————————-


From: Jayne R
Sent: Tuesday, 12 November 2019 5:37 PM
To: wgncriminallegalaid@justice.govt.nz <wgncriminallegalaid@justice.govt.nz>
Subject: I have more to add to my complaint and request for a new lawyer

I have just read your decision thoroughly – I was too traumatised and unwell by what I had read earlier to do it.   I see I have until the 19 November before the 10 days is up to provide the information necessary for you to consider.  I have found several other things you have said that have me in shock, especially about lawyers, my lawyer Suzie Barnes was great, just way out of her depth.  She still says hi to me in the street and has told me how deeply distressed she is that she cannot represent me due to her lack of resources and the horrendous injustices I am up against at the hands of very powerful cruel corrupt people.  Injustices all people with mental health issues are experiencing at the moment according to the United Nations human rights reports I have seen and been involved in as a Civil Society Actor.

Please advise me urgently the names of these PREVIOUS LAWYERS where there was a breakdown of the relationship because of MY BEHAVIOUR towards them????  Please advise me what that breakdown was, you must have written record of it because I cannot recall many details after this long.  You must have information on your file about what happened with each of these lawyers that is inaccurate and I am certainly not aware of.  Did the bad ones I sacked for good reason say I was mean to them and lie about what happened – gee I wonder why they would do that?

Is this something to do with how all established lawyers accept #metoo sexual harassment and denigration of women as normal within your profession/industry, because that is what it feels like.

I think I might have sacked two really bad lawyers in the past nine years since I was forced to protest about being illegally denied ACC care, cause they were both really bad and didn’t know how to deal with my BORA related criminal charges for my NON-VIOLENT LEGAL CHALLENGES of people in power.  I’m pretty sure I got better lawyers after those two and won both cases, one of them in the Appeal Court from what I remember of the years of fighting for health care and justice I am entitled to under NZ constitutional laws and signed ratified UN treaties.  Please send me the details since you are using them to terrorise and pervert justice now – least you can do is full disclosure of these allegations and what I am up against so I can refute them.

Please advise how I look up the case law you quoted about what you are doing to me not being a violation of NZ BORA – which of course it is – I hadn’t actually thought of that, thanks for the tip.  I didn’t realise I was supposed to be a qualified lawyer with access to case law in order to defend myself against the Legal Aid COMMISSIONER.  I thought the point of disabled poor people getting legal aid and lawyers was because they didn’t know the law and particularly couldn’t access things like case law to defend themselves against very powerful abusers of power, right and justice.  I am quite sure my situation is nothing like the case law you quoted, given the inaccurate and deceitful things you have referred to in your decision.

If you know I cannot access those case law examples of why you are not violating BORA through the internet then please provide copies of them in full.

Mmmm trying to think of those lawyers I had before Suzie Barnes?   I remember one guy, who was a proud member of the National party, withdrew when I said I didn’t trust him, because I don’t trust anybody, I don’t know any badly abused and neglected abuse victim who does – I was in shock and very distressed he was allowed do that.  You’ll have to remind me of any others, people with Complex PTSD who subjected to prolonged psychological, physical and economic trauma often forget things that aren’t important.

Sounds like you’ve all been discriminating against me, gossiping and illegally sharing information about me that isn’t even true.  That must be why I have experienced such toxic hatred and bigotry from Legal Aid services – I could never understand why and what was going on.  I would imagine cruel corrupt bigots within NZ police and mental health services would also have information you would be relying on, please provide anything like that as well.  Is it any wonder at the UN Human Rights consultation process last year, the lecture theatre at Victoria of about 50 people, all but two were there about serious human rights abuses against people with mental health issues – just like me.  Which it appears you are participating in with regards to me simply getting a lawyer.

From news reports and lawyers I have spoken to it appears to be more a case of lawyers choosing to do commercial and easy law for rich people that pays well, rather than actually uphold law and protect poor and disabled people from abuses of power.

I would also point out I have a serious life-threatening stress disorder with related communication impairments, especially when subjected to discrimination, degradation, insults and bigotry, as is the life of a many disabled people with Complex PTSD – as a result of sexual violence  and criminal neglect.   I have serious, well founded, trust issues and once someone loses that trust the professional relationship can break down – YOU WOULDN’T BE ANY DIFFERENT IF IT HAPPENED TO YOU.  No rich person would have accepted what was said to me, they would have got another lawyer immediately – so why should a poor person be punished and have their legal aid illegally withheld.

So please consider my email yesterday just the beginning of my evidence – you will have received all of it by the 19 November, when you can put it all together and consider it – lol.  I expect the rest of your file in the next few days so I can check it for accuracy.

Also I would like to comment that your letter was extremely litigious considering I am a disabled lay person citizen and you are a Commission, not a court.  Perhaps my idea of transferring all commissions, tribunals etc back under our traditional legal system has more merit than I first thought.

Please provide the information requested above in the next two days so I can be sure to provide all the evidence you need, within your 10 day time limit, to make a right and just decision.

I can certainly feel the bigotry, hatred and evil of passive inaction many affluent people who work in justice, welfare and health exhibit towards disabled people like myself.

Sincerely
Jayne R
Civil Society Activist
HUMAN SEWAGE

From: Jayne R
Sent: Tuesday, 12 November 2019 6:40 PM
To: wgncriminallegalaid@justice.govt.nz <wgncriminallegalaid@justice.govt.nz>
Subject: Sorry this wasn’t the case the numbers and names didn’t all match up

I can’t find Cant v R or Pointon v police or Pitiroi v police so far, please provide a link or copies of these cases.

I did find R v Condon – which has no relevance to my case whatsoever.   My wanting to sack Alisdair Ross is to do with ongoing behaviour I didn’t like but put up with, but definitely could no longer cope with after his extremely bizarre bigoted insulting behaviour of recent phone conversations about me getting my ACC care reinstated and what that involved.  Also about him making sexually inappropriate derogatory comments calling me a Cougar – ewwwww – which I had not done anything about, except tell him how bad it made me feel – which he did not acknowledge or apologise for.  I felt it necessary to mention it after the phone calls as it was relevant and I should have made a formal complaint about it but was too scared I would end up with no lawyer and after the appalling treatment I had received from Legal Aid Services and Law Society in the past knew they would just abuse me for it.  #metoo and kia kaha to all those innocent young women in the misogynist world of law.

EVERYBODY had been telling me for ages my criminal case had nothing to do with ACC illegally withholding health care and I even have a criminally corrupt psychiatric report to say I was delusional for even thinking my criminal case and civil rights abuses by ACC and others were related.  So the discussion Alisdair and I were having wasn’t even related to my criminal case, it was related to what health care I needed, entitled to by law and wanted from ACC.  Apparently ACC had a list of OTs to choose from and as soon as I made the decision my care would be reinstated after waiting nine years and winning two reviews.   As they have said this at least three times before over past nine years and failed to do it I would only believe something like that unless it happened.  ACC telling a lawyer (or ACC reviewer) they will do something doesn’t mean it will happen, ACC have told lots of people my care would be reinstated but it never did.   Also I have been in regular contact with ACC begging for my care to be reinstated, they have never sent me a list of OTs to choose from.  The one they guaranteed would reinstate my care last year refused to do it WITHOUT REASON – I made complaints, they were ignored.

My situation makes the Condon case irrelevant and that you quoted it, you corrupt!  If you want to get really legal about it.  I don’t blame the lawyer from withdrawing, I would have as well, this was a business deal gone wrong, nothing to do with politics or civil, disabled, human, economic social and cultural rights and violations of criminal law by police, ACC, Forensic Mental Health, DHB, etc WHICH MY CASE IS ABOUT.   Thank you so much for the information though, its really interesting.  I was at law school before I was raped and my life destroyed by ACC and those supposed to care for, rehabilitate and protect mentally injured victims of crime.  It took me until 35 yrs old to work out what I wanted to be and it was all taken from me.  I now live destitute and still fighting for ACC entitlements so I can heal, return to work and be able to live with dignity and in safety, now I am 54 I am not allowed a student loan.  I also live with a $7,000 student debt from trying to get the qualifications to follow my talent and my passion.

Sincerely
Jayne R
CSA
HUMAN SEWAGE

From: Jayne R
Sent: Tuesday, 12 November 2019 7:08 PM
To: wgncriminallegalaid@justice.govt.nz <wgncriminallegalaid@justice.govt.nz>
Subject: I have searched the following database I found with no results, do these cases you refer to even exist?

Below is the database I searched with all the information you gave me about the case law you were relying on – they all came up NO SEARCH RESULTS.

I would have thought with all those numbers and details at least something would have come up.  Do these cases even exist, are you that corrupt you make these things up to mislead and further oppress disabled oppressed #metoo victims of crime?  I know there is a huge amount of evidence being presented by victims against Crown Law perverting justice in the current inquiry into abuse and torture in government institutions.  Quoting Crown Law case in regards to a sexual abuse victim, fighting for treatment care rehabilitation and home they are entitled to in order to recover and return to as normal a life as possible under ACC and other laws, seems to me an even more evil crime against victims.   What do you think?

I am due in court again on 18 November I will make sure to provide this information to the judge

Yours sincerely
Jayne R
CSA
HUMAN SEWAGE
P.S.  Using Yours sincerely  on Kathryn Ross’ decision is deeply disturbing, faithfully is the correct salutation.  That you sincerely just vomited such a vicious, hate filled, unprofessional, immoral, uncivilised, vindictive, unjust, punitive, oppressive, deceitful, ignorant response all over me would explain the gross constitutional rights abuses I am subjected to.  It seems understandable that police will violently assault me & threaten me with worse and ACC & public mental health services will prevent me from accessing services I am entitled to, why wouldn’t they – nobody is going to do anything about it.

Power Junkies

 

What becomes of my broken heart
The rage and fear you cruelly start
You proved that swastika justified
Stood up in court and you lied

The bruises on my legs and arm
For weeks remind me of your harm
All I asked for was a sorry
Promise peace so I don’t worry

The flashbacks haunt me of that day
They make things worse, won’t go away
You pledge white ribbon you do follow
You swear an oath to Queen and bible

Pakeha, Maori, Africaan
The race of men who caused me harm
I’m a child of this earth these stars
You left me with more ugly scars

Junkies rule the marginalised
The poor, oppressed, the most despised
Keep up their bullying over years and years
Follow cruel elites, profit from tears

And one more thing you oughta know about me
I DON’T TAKE NO SHIT FROM NO POWER JUNKIE

enD

Dedicated to Judge P J Butler, Sgt Q Hoera and Const Allan French, also 2 security guards at high court who assaulted me.

I DEMAND Donna Howard NZ POLICE deal with police assault – TODAY – #16DAYSOFACTION2017

I will take the focus off NZ police violence against me and others during my current protests if Insp Donna Howard DEALS WITH what happened, I get justice & to meet with the two officers.

THESE ARE MY COMPLETELY JUSTIFIED DEMANDS

The officer who assaulted me gets counselling, a written warning and a record of it on his file.

The officer who threatened me with future increased  violence, gets a written warning and has it recorded on his file.

They have to meet with me in a safe place so I can tell them what they did to me and how it affected my life.

I demand an apology and assurance there will be no future violence towards me if I have any future dealings with police in my Civil Society activism work.

I wish I could slap their faces for what they did – BUT I DON’T HIT MEN AS A RULE!

A sczophrenic man once told me DON’T TRUST VIOLENCE – and I don’t – shame the police and New Zealand government don’t hold the same high standards – like those ones in the bible they swear an oath to as an agent of The Queen.

I will put my focus about violence towards women back on the shoulders of New Zealands leaders – exactly where it belongs.

I have a traumatic stress disorder that is compounding if I DON’T or can’t deal with stressful situations in my life it makes my  mental health much worse.  Getting an apology and assurance of no future violence from those two officers IS DEALING WITH IT – while it remains un-dealt with it causes me significant stress and harm – that fuels my suicidality, self-harm, bulimia etc.

Please make it stop – that’s all I’m asking, please take at least one serious stress and worry out of my life.  Please make me stop thinking every time I hear a car in my street it is police coming to get me.  Please stop me from being too scared to protest about abusive mental health services, poverty and injustice.

As a woman I am deeply disappointed in the conduct of Insp Donna Howard, IPCA and New Zealand’s most senior police officers who have allowed this to continue – while promoting White Ribbon propaganda.  It breaks my heart every time I see a piece of marketing about violence towards women & then it makes me really really angry!

Then I can stuff down all the fear I feel and go out in the community and tie a whole lot of white ribbons outside the police station, or chalk a fence or the footpath, or put up a sign I have painted, or put a poem on youtube……

Conviction for Wilful Trespass of ACC – OVERTURNED – BOOM!

IN THE HIGH COURT OF NEW ZEALAND

WELLINGTON REGISTRY                                                         CRI-2016-485-15

                                                                                                            (2016) NZHC 1495

 

BETWEEN                 JAYNE ROUTHAN

                                    Appellant

 

AND                           NEW ZEALAND POLICE

                                    Respondent

 

Hearing:                      28 June 2016

 

Counsel:                      Bolland

                                    Wood

 

Judgement:                  1 July 2016

 

 

JUDGEMENT OF WILLIAMS J

 

Introduction

 

  1. Following a judge-alone trial in the District Court, Ms Routhan was convicted of trespass.  She represented herself.  Judge Boshier ordered by way of sentence, that she come up to Court for sentence if called upon within nine months.

     

  2. Ms Routhan was convicted pursuant to s3(1) of the Trespass Act 1980.  This provides that it is an offence to trespass on any place and refuse to leave after being warned by an occupier.   This is generally referred to as the ‘single event’ trespass offence.  This is to be constrasted with a s4(4) of the Act.  That provides it is an offence to trespass within two years of having been earlier warned by an occupier to stay off.  That is the ‘two event’ offence.

 

Facts

  1. Ms Routhan was, and remains, very unhappy with various decisions ACC had made about her and wished to protest about this.  At some time between 12pm and 1 pm on 2 September 2015, Ms Routhan visited the Wellington Branch of ACC.  She set herself up in the foyer within the building.  She displayed two placards each containing handwritten text to the general effect that ACC would kill her through bad, lawless or neglectful decisions.  She also displayed a painting in somewhat abstract form of a person with stab wounds in his or her back.  The items embedded in the persons back included a knife on which the letters “ACC” were painted.

     

  2. She sat on the floor in the reception area next to an armchair and a coffee table.  By being located in this spot she blocked the fire exit door.  A security guard repeatedly asked her to leave the premises.  She refused.  The manager was called and she too asked Ms Routhan to leave.  Ms Routhan still refused.  The police were then called.

 

  1. Meanwhile, the building was partially locked down in the sense that reception staff vacated that area and took refuge behind glass doors.  Automatic sliding doors at the entrance to the reception area were then set to exit only.  Ms Routhan would be permitted to leave, but clients could not enter.  Business was brought to a standstill.

 

  1. When the police arrived, they also asked Ms Routhan to leave.  They arrested her when she again refused to do so.

 

District Court Decision

 

  1. The judge summarised the evidence of the security guard, the manager and the arresting constable.  She also summarised Ms Routhan’s evidence.

     

  2. The judge then found that all elements of the offence of one event trespass were met.  The manager had the necessary delegated authority to act as the occupier of the premises.  Both the security guard and the manager had asked Ms Routhan to leave.  She had refused to do so.

 

  1. The judge also recorded the manager’s reasons for asking Ms Routhan to leave was that she was blocking the fire exit,  the placards and painting were disturbing to clients and here was a risk to client and staff safety.  There were also issues, the Judge noted, in terms of the ability of ACC to transact its ordinary business in light of the partial building lock-down.  These factors entitled the manager to ask Ms Routhan to leave the judge found.

 

Submissions and issues

 

  1. Comprehensive and thoughtful submissions were provided by counsel for the appellant raising a number of separate grounds by which, it was argued, the judge’s decision should be overturned.

     

  2. In light of the view I take of this case, only one ground need be discussed.  This relates to the applicability of the reasonableness standard in the New Zealand Bill of Rights Act 1990 (NZBORA) to decisions to invoke s 3 of the Trespass Act in relation to public buildings.

 

  1. Ms Bolland, for Ms Routhan, argued that Ms Routhan could invoke rights of assembly and expression protected by NZBORA and that this required the officials who involved the Trespass Act to be satisfied that doing so was reasonably necessary in the circumstances.  There was, Ms Bolland submitted, no evidence that officials had made such assessment.  Further, she said, there was no evidence either that Judge Boshier undertook her own analysis of that issue or even understood that NZBORA was relevant.  It followed, Ms Bolland submitted, that the judge had made an error of principle and the conviction should be set aside accordingly.

 

  1. In response, Mr Woods argued that although the judge did not explicitly consider NZBORA or any reasonableness test, she noted that there was evidence of three reasons for the manager asking Ms Routhan to leave and when those reasons taken together, they amounted to sufficient evidence that invoking the Trespass Act was reasonable.  The Judge, in her reasons, took these matters into account.  They were that MS Routhan was blocking the fire exit; the painting showing stab wounds in which ACC was implicated was disturbing for staff and clients; and Ms Routhan’s presence in the building had caused a partial lock-down, interrupting thereby, the ordinary work of the office.  In such circumstances, it was submitted, Ms Routhan’s behaviour was in fact unreasonable, and the corollary was that invoking the Trespass Act was reasonable.  Therefore, even if the Judge had erred, her error would not have affected the result

 

Analysis

 

  1. It is now beyond argument that those exercising public authority may only invoke the Trespass Act against when this is ‘reasonably necessary’, in light of the freedom of peaceful assembly and freedom of expression rights protected by ss 14 and 16 of NZBORA.  Kos J in an earlier case involving Ms Routhan provided the following non-exhaustive list of considerations to be factored in to assessing whether invoking the Trespass Act is, in any particular case, reasonable.  They were:
  1. whether the assembly was unreasonably prolonged;

     

  2. the degree to which the rights and freedoms of other people are affected by the trespass notice;

     

  3. the degree to which the assembly or protest interfered with the rights of the occupier to use the premises for ordinary business or duties free of nuisance;

     

  4. the size of the assembly and its duration;

     

  5. the content of what is being expressed, if the message is one of hatred, racial abuse, intolerance or obscenity; and

     

  6. whether the notice is justified on the grounds of maintenance of public order (such as lack of prior notice to police of the time and location of the event or in terms of management of street traffic).

     

  1. In my view it is plain that Judge Boshier was unaware that NZBORA rights were in play even though the matter had been raised both in evidence and argument.  For that reason, she did not subject the case to the justified limitations analysis required by s 5 of the Act.  That is (in short) that Ms Routhan’s freedom to express her views in government spaces could only be curtailed if this amounted to a reasonable limit, prescribed by law and “demonstrably justified in a free and democratic society”.

     

  2. It follows that the judge necessarily made an error of principle.

 

  1. But was Mr Woods right when he argued that the error was not material because, on the facts, such limitation was reasonable?  This question requires me to assess, in hindsight, the relevant facts alluded to by the Judge.  I am inevitably drawn into making my own assessment in light of the Judge’s failure to do so at first instance.

 

  1. In my view it cannot be said that trespassing Ms Routhan, in the circumstances that obtained on the day in question in the reception area, was reasonable.  She sat there quietly expressing her views that she was entitled to express in terms of s 14 of NZBORA.  She was not aggressive or violent.  She said nothing unless spoken to.  She made it clear that in her view she had a right to do what she was doing.

 

  1. The written placards were not offensive.  The painting was not either.  I accept that the painting might have been if the image had been a photo of a human body with gaping knife wounds, but it was not.  Whatever its merits, it was an abstract work of art and protest.  No reasonable person could have viewed it as offensive.  It is true that the building went into semi lock-down as a result of Ms Routhan’s presence in the reception area.  But that was ACC’s response to Ms Routhan’s presence.  That response too has to be measured against a reasonableness standard.  Mr Woods said that ACC had had experience of Ms Routhan’s protests in the past and management responded as much to their experience of her as they did to her actions on the day.  Whatever Ms Routhan had done in the past, she was being very careful to behave civilly, courteously and reasonably on the day in question.  If she had come to learn where the line was, beyond which freedom of expression crossed into unreasonable interference in the lives of others, then it seems to me that was a good outcome.  She ought not to be prejudiced for having learnt to modify her behaviour so as not to offend, annoy or be a nuisance.

 

  1. Finally, and perhaps most powerfully from ACC’s perspective, MS Routhan was, it was said, blocking a fire exit.  This, it must be accepted, could amount to unreasonable interference with staff and public use of the area.  But whether invoking the Trespass Act is a reasonable response requires a general consideration of the reasonable alternatives that would have been available to officials.  An obvious one comes to mind.  Either the security guard of the manager (or the Police for that matter) could have advised MS Routhan that she was entitled to sit silently and express her views through her placards and painting, but she could not block the fire exit.  An invitation to move a metre or two to the left or right was all that was required.  If she refused, then unreasonable interference in the use of the public space is necessarily established.  If she acceded to the request, then she was safely on her side of the freedom of expression/trespass divide.  There was no evidence of such an invitation being made to Ms Routhan.

 

  1. The appeal must be allowed accordingly.  The conviction and sentence are quashed.

 

J WILLIAMS  

 

 

                                   

ACC Ministers deny responsibility for Corporation persecuting claimants

After being told by Nikki Kaye’s office and the Speakers office that a police complaint is all I can do about ministers lying about professional care for abuse victims and mentally ill – that is just what I did.

Sent: Friday, 10 June 2016 2:13 p.m.
To: SUTTON, Michael
Subject: Complaint of harm by ACC under Sections 150A 151 155 and 157 of Crimes Act

This is yet another formal police complaint against ACC, Sarah Jones and others? who have again refused to accommodate impairments related to my disability and refused me access to health care – this time the counsellor.  I have the support of the counsellor but she is unable to do anything to stop it.

I just phoned the Minister for ACC’s office and was put through to the Associate Minister (Goldsmiths) office, there I was told by DAVE Goldsmith is the person to contact about individual cases of ACC illegally denying care and yet because ACC is a crown entity that the minister cannot get involved.  I was told to make a complaint to the police, which this is and of course you know I have made several complaints but been ignored.

I don’t understand why police and ACC ministers refuse to provide abused men women and children the treatment care and rehabilitation they are entitled to under NZ law.  They are harming disabled people and those with the power to act are refusing to.

I don’t understand why the police are allowing the government to deny people like me health care we are entitled to and when people commit suicide and harm those around them the police take no action against these immoral corrupt criminally negligent people.

Just making sure police are formally notified so when I finally do get justice I can prove you did nothing while people were dying and the government were purposely denying health care they were legally required to provide.

God please help me, I don’t want to live if I can’t work and I don’t want to live knowing the police don’t uphold the law if the people who are breaking it are the government ie ACC and others.

Sincerely

 

Spent 5 hrs police cells under mental health act for protesting at Police HQ New Zealand

Could someone outside New Zealand PLEASE DO SOMETHING – people in power here are completely fkd and very very good at hiding it.  Seems only when international media etc get hold of a story that they actually do something!  This just tip of the iceberg, 20 police ‘welfare’ visits to my home in past six months, am having nightmares – please someone make them stop.  All I am doing is begging for the health care and justice I am entitled to, then these people phone the police to intimidate me but do nothing to reinstate the health care I’m supposed to be receiving BY LAW.



Sent: Thursday, 12 May 2016 8:36 a.m.
To: tusha.penny@police.govt.nz
Subject: Fw: Formal complaint about being detained under mental health act as a form of intimidation

 

Of course you know this was partly to do with you ignoring me Tusha – I WANT A VOICE – I NEED A VOICE – what I know and what is happening to me is based on science and current legislation, I am an expert in this field – the longer I am censored and not heard the angrier I get and more intense my protests will become.

 

The current NZ Herald campaign is infuriating me, it is such a bunch of rhetoric, so much opinionated misinformation and lies.

 

I want some sort of investigation into what happened and who this person was telling police to detain me under mental health act for my justified protest.  Our society cannot keep suppressing the truth about how NZ government actions over the past 30 years have fuelled this culture of violence – how unprofessional inadequate mental health services and people forced to live in inhuman conditions so stressed to breaking create this violence.  Also addiction and suicide – as I am sure you know.

 

Seeing Mike Bush in the campaign photo for #betterthanthis made me want to be sick – of course we’re not better than this, we are this and successive governments have created it -but take no responsibility for it and dump blame on their victims.

 

People like that security officer are unable to accept the rage, distress, accountability and FACTS I challenge those in authority with – they like to pretend everything is great in New Zealand and people like me don’t exist.  It is imperative I do what I do according to the Milgram Experiment and even my new lawyer who said people like me are essential in a civilized society.

 

Please be aware I am petrified scared of mental health services, much more than any organisation, I have been treated so badly by them and lies spread in the community by the mental health team.  I have been denied care at some of my most desperate moments and didn’t react well to them in the cells either.  Awesome that the supervising officer (in black) allowed me to speak freely, I told them exactly what I thought of mental health services.  Advised them they were getting the result of years of hatred and psychological torture by other mental health workers, also my rage at what they were doing to me and so many others.  Sometimes I think these officers are thinking to themselves how much they wish they could say the same things I do.

 

Sincerely

 

Jayne



Sent: Thursday, 12 May 2016 8:20 a.m.
To: enquiries@ipca.govt.nz
Subject: Formal complaint about being detained under mental health act as a form of intimidation

Dear Sir/Madam,

 

Yesterday I was detained in the cells for 5 hours under the mental health act – Section 109 it was referred to repeatedly by officers.  I treat having my freedom taken from me seriously and so does the law.

 

This was as a result of a protest I was doing at Police Headquarters in Wellington about corruption, rich vs poor, magna carta violations, medical neglect, psychological torture, criminal negligence and abuse in ACC and mental health services against disabled mentally injured abuse victims and mentally ill people.  This is the topic I protest about on an regular basis, this is what I am an expert in, this is what I am subjected to and this is what most know is the reality of our appalling ACC and mental health system.

 

I don’t deny I ‘LOST IT’ and couldn’t stop swearing (I now have a tourettes type disorder) so should have been taken away from the scene.  This is an informal agreement I have with the police when I am so angry about what is happening to me and what is happening to people I know.  This particular event was triggered by yet another police visit to my home – number 20 I think it is now, threatening action for begging for police to help me and act on my complaints of harm by ACC and mental health under sections 150A 151 155 and 157 of the Crimes Act – while at the same time dragging me through court for a minor charge of screaming at ACC for help.  Also the current NZ Herald misleading government propaganda marketing campaign about violence in our society.

 

What should have happened is I should have been arrested for disorderly behaviour, spent 2 hours in the cells and released with a pre-charge warning, when I had calmed down a bit.  Instead what happened was a person at the scene who said he was a diplomatic security officer instructed the police officer to have me detained under Section 109 – mental health act, the officer did as he was told.  This man had only minutes previously been insulting me and ‘winding me up’ even more with his sarcasm.  I objected to his vindictive insulting suggestion and act of serious intimidation under Bill of Rights but was ignored.  I want this matter investigated and this security guard sacked for his appalling behaviour.

 

Where did this man get his authority over police?  Is this another example of a rich person getting superior rights to a poor person, which is against Westminster law?  It is certainly another act of intimidation for my justified angry protests about what is happening to me and so many other disabled abuse victims in our cruel corrupt society.  Threatening someone who is protesting with being ‘locked up’ and drugged up under the mental health act is an extremely intimidating act.

 

There was a struggle with the police officer at Police Headquarters and this security man, which has covered me in bruises, was traumatising and did not need to happen, when I am arrested I go peacefully with any officer, I know the process and I expect it to be followed.  I have this issue with laws not being followed by people in authority when I am expected to follow them.

 

I am a civil society actor with a disability I know the process so well now that I know what happened during this arrest was not right and not legal.  After I was arrested/detained I was compliant with officers, was not handcuffed, did not swear but was repeatedly objected to what was happening under Bill of Rights, Human Civil and Political Rights.

 

The CATT team /mental health came and went as I knew they would.  When I was being released I was told what a pleasure it is to deal with me.  Police, other than this security person were awesome, as almost all of them are – why wouldn’t they be, they agree with what I’m protesting about, they’re dealing with mentally ill people who cannot get services every day – like the woman in the cell beside me.

 

I look forward to your investigation and action on this complaint.

 

JR

CIVIL SOCIETY ACTOR

HUMAN SEWAGE

PERSECUTED WHISTLEBLOWER

 

 

NO RESPECT – Poem dedicated to Ombudsman & NZ Police

Police have really got to stop all this shit
The visits, feigned concern, discrimination – ALL OF IT!

All reports I have read say they’re supposed to protect
But for my welfare, my dignity, my peace – NO RESPECT!

The Ombudsman doesn’t want to hear what I see
So sends round the police to SCARE THE HELL OUT OF ME!

enD

Grrrr

Wrote this in response to a visit from police at 11pm last night for a welfare check, thanks to the Ombudsman and a 7 hour delay by Police Communications to allocate the job – someone in Masterton doesn’t like me.  Not surprised, I’ve pissed a lot of them off, they don’t like people who stand up to them and their stupid degrading rules.

Have made a complaint to IPCA and contacted my psychiatrist to get some advice (so he’s on my side).  Spent all morning trying to sort things out, still freaking out about what happened.

 

Private Prosecution lodged 19/6/2015 against John Key – Under Section 39 of Magna Carta 1215

So been thinking about all this stuff I know and how the government are ignoring the Magna Carta, and then while I’m working out what pieces of law I can get John Key under I realise I can use the Magna Carta as a legislative reference and prosecute him under that.

It was only at the last minute I added Section 39, but pleased I did, cause having the police used to intimidate me when I was asking for the health care I knew I was entitled to was not right and not just.  Of course they will say there was a judgement of my peers or law that says suicidal people must have police sent to their homes to protect them.  But with all my art and poetry I’ll prove what they are doing is discrimination and they have purposely put in these measures to stop people getting the heatlh care they need.

39. No freemen shall be taken or imprisoned or disseised or exiled or in any way destroyed, nor will we go upon him nor send upon him, except by the lawful judgment of his peers or by the law of the land.

MY RESPONSE

Shit just realised I didn’t take a photocopy of the Charging Documents – will have to go in next week and see if they will get me one – you can’t remember everything.  As you can see what I have said is pretty amateur but I know judges give lots of leeway to people who are not lawyers, they are more interested in fairness and justice and that the person has given it their best shot.

19 June 2015

 

Statement by J.E.R, date of birth 00/00/1965, of street, Carterton

 

I am about to start this and the emotion is overwhelming me, how the police have been used to intimidate and bully me for demanding and needing the professional health care promised under ACC, health, disability, criminal, human rights and bill of rights laws is persecution and torture.

 

How I am treated by the police varies greatly depending on the person,  I would like to refer to my police file at this point to highlight all the times I have been seen by police, have been detained by police and been prosecuted by police. 

 

I am not able to look at my police file as it makes me very unwell, I got a copy of it a few years ago and on page 3 it said I was ‘mental’ and a danger to police safety.  I wasn’t able to read past that and have had a rocky relationship with police since ACC illegally cut all my care in 2009, after National became the government and installed neo-liberal Business Round Table advocate John Judge, then Paula Rebstock.

 

Can the judge please consider my police file as being evidence to what has been happening me as I fight for the care I know I am entitled to.  Please note that all complaints to police about me being suicidal are from people who are public servants and/or agents of the government.  I would tell these people I was begging for help or justice from, how bad I felt and they would phone police but never help me get care.  This is a gross miscarriage of justice and proof what is happening in the real world I live in is very different to what the government and these agencies promote.

 

It makes me want to be violently ill when I think that forcing suicidal people to take their clothes off and put on the crazy suit is police policy and when I tried to challenge it as being extremely degrading and against human rights laws I was ignored.  They only got my clothes off me once, during my first protest, chalking Journalists are Maggots on the Times Age building in Masterton.  When I got down to my underwear I was told to take them off as well, I had my period and said I couldn’t – I was told I had to.  That is when my respect for the police and the government ended.  I told the officer I would fight her for my underwear as there was no way I was going to let blood run down my leg in front of so many men.  This policy is not law and therefore was not subject to scrutiny under Bill of Rights and Human Rights laws.

 

Over the past 30 years as neo-liberalism has relentlessly destroyed our unique Kiwi culture these attacks and laws on suicidal people have steadily increased.  It are the policies that are driving people to suicide and then the government and authorities blame the victims for a completely human response to an inhuman living environment. 

 

New Zealand is a beautiful country, there is enough resources for everybody to have the necessaries of life.  Giving massive tax cuts to the wealthiest people and organisations in this country while at the same time stopping poor people (rich people can still get this care and justice) from getting the health care and justice they are entitled to is immoral and against the law.

 

Also the massive social issues that have arisen due to high unemployment and concentration of wealth into the richest 20% of society – are being somehow blamed on the victims of these social issues, like violence, mental illness, poverty, ill health etc.  It was very sad to see all the changes that have been made to the Social Welfare and Social Security Acts over the past decade, all aimed at blaming those who can’t get work.  When we all know deregulation, free trade and neo-liberalism was instrumental in hundreds of thousands of manufacturing jobs moving offshore to be done by people who are treated like slaves in poorer countries.

 

I will be addressing this issue in another private charge in the near future.

 

I told a judge recently, when going through the court system over my protests at Masterton Hospital that I will take no more – and I won’t.  No more are you going to treat disabled, abused, mentally injured and ill people like you are.  Everybody knows it is wrong – EVERYBODY.

 

I know other people who are degraded and persecuted by police for being suicidal and I have experiences of people who attempted suicide who were living with me that I would like to be able to present to the court.  I cannot talk about them now I am too unwell.

 

I would like all book of poetry The Black Book ISBN 978-0-473-31199-5 to form part of this case but I do not have the resources to do a copy for each of the five charges.  I would also like all my photographs to form part of this.

 

Please help me get a lawyer, there is so much you don’t know, so many things.  These people have driven me insane, they have turned my family and community against me, just because I couldn’t get the professional health care I was entitled to.

 

I can’t go on with this document.

 

Kia kaha to us all.

 

 JR

Abuse of tazers in New Zealand for mentally injured abuse victims

Painted after police visit, was severely traumatised

Painted after police visit, was severely traumatised

While I was in cells ripped up a cup and some paper made art

While I was in cells ripped up a cup and some paper made art

Detained for phoning ACC Disputes begging for care

Detained for phoning ACC Disputes begging for care

Art after police arrest

 

 

I didn’t get tazered but I have been threatened with it when I was very unwell, extremely fragile and suicidal – this is police procedure.  I have also seen statistics about how many mentally ill people who are being refused treatment and care are being tazered and having the dogs set on them.  This is neo-liberal terrorism and I intend to take this to a judge and as far as I can through court!

ACC Disputes Tribunal phoned the police when I rang them extremely upset and begging for my care back (I had been waiting five years and won two ACC reviews).

Police arrived at the house I had only recently moved into with a woman I know, we were both abuse victims and really struggling with poverty.  I thought they were looking for some offender or something but it was for me, the forced me to go with them to Lower Hutt police station for two hours.  While I was there I sang, recited poetry and went mad about being detained – as loud as I could.  CATT team came and went and the police took me home – although I was strong on the way there and in the cells on the way home I was silent, curled over in the back of the police car rocking backwards and forwards with my hands over my ears all the way back to the house.

After this my flatmate and friend, who owned the house, became abusive and started putting knives around the house, so I was forced to move again which made my stress disorder even worse.

Government use the police to intimidate and bully mentally injured abuse victims and mentally ill people after cutting professional services through ACC and mental health.  This is a gross miscarriage of justice and I am going to spend my life making sure those people in our government who have created this nightmare are bought to justice.

 

God of National – song based on the NZ National Anthem

God of national at thy feet
In the bonds of fear we meet
Hear our voices we entreat
We must defend our free land

Guard our country’s loving state
From those who only want to take
Care for all show no-one hate
God defend New Zealand

All who sing this song are bound
A solumn oath to stand their ground
When there is injustice found
We must defend our free land

From dissension, envy, hate
And corruption guard our state
Make our country good and great
God defend New Zealand

Peace not war shall be our boast
But should those cruel asail our coast
Make us then a mighty host
We must defend our free land

Lord of battles in thy might
Give us strength, take up the fight
When our cause is just and right
God defend New Zealand

Let our love for all increase
Our quest for fairness never cease
Give all plenty, give all peace
We must defend our free land

From dishonour and from shame
Guard our country’s good deeds and name
Be guided by an eternal flame
God defend New Zealand

Never let democracy fall
Teach compassion, love and truth to all
Let the facts, not fear stand tall
God defend New Zealand

EnD