"We have maintained a silence closely resembling stupidity" - Neil Roberts

Until we have legislation adopted into law to ensure fiduciary accountability and transparency in public affairs we will continue to have human rights breached because the existing crown immunity and lack of any independent oversight invites corruption to flourish.

"Question authority, and think for yourself" - Timothy Leary

"We have maintained a silence closely resembling stupidity" - Neil Roberts

"Information is the currency of democracy" - Thomas Jefferson

‎"Never doubt that a small group of thoughtful, committed citizens can change the world; indeed, it's the only thing that ever does." - Margaret Mead

"The truth is like a lion, you don't have to defend it. Let it loose, it will defend itself."

"I = m c 2 [squared] where "I" am information" - Timothy Leary

"Ring the bells that still can ring, forget your perfect offering, there's a crack in everything, that's how the light gets in." Leonard Cohen

"The internet is a TV that watches you"

Thursday, July 25, 2013

Political prostitution - Ariana Paretutanganui-Tamati's devious, deceitful agenda exposed:

Pictured below is the 'work' of a nasty woman called Ariana Paretututanganui -Tamati - a devious, conniving, deceitful, liar, who is attempting to infiltrate and undermine the Wellington protest against the GCSB Bill and hijack it for her own personal agenda with the help of Max Dillon Coyle.

She has undermined and sabotaged all the efforts of the people who HAVE been organising the Wellington protest against the GCSB Bill this Saturday, while she's been doing nothing but wasting time and causing trouble - here's the latest evidence of her work - she and her low life mates have been reporting this perfectly innocuous post on the Wellington Event page (at the link above) in a co-ordinated, targeted attack in order to achieve the post being removed and me blocked from facebook - the post being the order of ceremonies for the Wellington event - which I am the Host of!

Who is behind this really - who is incentivising her to try and derail our peaceful protest with her shady mates talking about blocking roads and other violent action, and grandstanding for her own political agenda.  Even her mate Pete George couldn't stand it.

She previously deleted all the files on the organisers page - the list of speakers, the order of ceremonies, the fliers, the list of events, the outline of the skit, etc, she's lied and claimed other people's work as her own - she's a prize cow.  She's standing for the Mana party apparently - come along on Saturday and listen to her make a fool of herself. 

In this screenshot, you can see that I am the host of the event, but I now cannot post to facebook for 24 hours, after this little piece of scum called Ariana Paretutanganui-Tamati made false and malicious complaints - she's apparently representing the Mana party - I suggest they UP THEIR GAME!  - AND GET RID OF NASTY LITTLE TROUBLEMAKERS LIKE HER and find some DECENT candidates!

Then, she made the mistake of writing a huge diatribe for all the world to see - accusing me of being some lady in Napier - who came on and went nuts - and raving on about Ariana's mate, delusional fraudster Cherie Sweeney -Ariana Paretutanganui-Tamati couldn't apologise quick enough and admit her complete idiocy in accusing me of "being Fera Divinci on facebook"  - Regarding her claims that Cherie has complained about me - anyone with enough money to waste can pay a lawyer to write utter nonsense like this.  No Court has ever given it a file number I'll bet!  No wonder this country's in the state it's in - with "politicians" like Ariana Paretutanganui-Tamati "in charge of" the controlled opposition.

While I was blocked from Facebook and unable to communicate with the attendees of the protest I was hosting, thanks to Ariana, Max Dillon Coyle and other joint admins of the event page failed to remove a number of offensive posts such as the one above, for hours, and in some case days.

This picture shows that I can't even respond to questions from other organisers directed to me!

Ariana has SABOTAGED this protest and should be booted out of politics entirely!  She's nothing but a lying little attention seeker without any brains!  Here's how the facebook page is now being run - people now too scared to bring their kids because of Ariana and her gang mates and this outrageous and disgusting posting all over the page of offensive and violent rubbish from a bunch of gang members and half witted attention seeking "politicians" and self appointed "activists" - they're NOT activists - they are a bunch of half witted attention seekers!

Here's more evidence of Ariana's "extensive protesting experience" - shameless self promotion!  No support - apart from a few naive 'journalists'!

Speaking of journalists, I received an email from Andrea Vance, one of the speakers I invited, she'll be there on Saturday if she can make it, hopefully we can prevent Ms Ariana PT derailing it.

So, after posting her non stop nonsense, which culminated in an extraordinary rant in which she tells the world that I am "Fera DiVinci on facebook" and then has to admit that's it's a lie, after the real Fera DiVinci fronted up about it - on top of all the evidence of her malicious complaints to facebook from her and her Mana party mates, and slanderous lies about me, Max Dillon Coyle - who works for APN, selling 'news'papers, took the manipulative action of appointing Ariana P-T 'host' of the facebook event - seven days after the event - as the screenshot below shows! 

This gave her access to delete documents on the facebook page - which she had repeatedly done in an effort to sabotage the organisers of the event, and deleted the entire page a few days later to get rid of the evidence.  Why would Max Dillon Coyle appoint a 'politician' like her 'host' of the event after that?  I and the rest of the organising team organised and hosted the event, and changing this apparently minor detail is actually a very devious action. 

What's his agenda, and what's the agenda behind some of these little facebook groups, etc?  Max Dillon Coyle sells papers for APN - the tail's wagging the dog - she didn't 'host' the event - she HIJACKED it!  The date of this screenshot shows no 'likes', ten days later.  Speaks for itself really.

The NBR reported that there's an alarming amount of bribery in NZ.  Marketing and journalism are areas which are particularly prone to bribery and 'incentivism', particularly when you add politics.

Max Dillon Coyle has a track record of political manipulation as this report in the Waikato Times shows.  He's clearly a master media manipulator - anything to sell papers - ask Max Dillon Coyle why he DID make her host of the event a week after it was held!  More on Max here.

Update on the protest and subsequent events at this link.

Saturday, July 20, 2013

Going to prison - not as easy as you'd think with Serco in charge:

In 2010 Judge Helen Winkelmann contravened two statutes and unlawfully denied the defendants in the Urewera trials their statutory right to a trial by jury - cemented in the cornerstone of the law - dating back to the Magna Carta - a citizen has the right to be tried by a jury of their peers, not one Judge.  The standard of the judiciary in New Zealand is by and large an utter disgrace, and as this video shows, the standards at the Serco run prison aren't too flash either.

Vince Siemer tried to hand himself in at Mt Eden prison following the split decision in the Supreme Court ordering him to be imprisoned for exposing judicial corruption, the Chief Justice of the Supreme Court dissented with her colleagues, to her credit.

While most of the media - and most of the citizens of New Zealand blissfully ignore what's really going on with eyes wide shut, intrepid reporters like Vince Siemer, and Vinny Eastwood, who filmed and edited this clip - and composed and performed the stirring rendition of music in the clip - go where no man has gone before in the pursuit of the truth about our Courts, police, and prisons, and how whistleblowers are being unlawfully incarcerated in ever new and imaginative ways. 

Here Vince tries to hand himself in to the Serco run Mr Eden prison and finds out it's not as easy as you'd think.

Please leave an encouraging comment on the Youtube site to show support for the work Vinnie and others are doing to expose corruption and incompetence.

The NZ High Court sits on shaky ground:

While the people of Christchurch wait in vain for their earthquake damage claims to be dealt with, Marc Krieger has been served with an application for a Court declaration against him for "Contempt" for informing them of the reasons for the delay, which are, basically, incompetence and corruption on a massive scale.

On the day after fellow journalist and publisher Vince Siemer was ordered to go to jail for publishing the outrageous decision of Winkelmann J on his website Kiwisfirst, to deny the Urewera defendants a jury trial - as enshrined in the cornerstone of justice for centuries, the Magna Carta.   Her Majesty's Solicitor General has decided to waste taxpayers' time and money in an utterly futile and unsound application designed to impugn the reputation and destroy the quality of life of yet another unfortunate person who simply sought to expose injustice and corruption by publishing the evidence of it, and help the people of Christchurch to understand why their claims have been mismanaged and rejected.

The Crown's application is based on the assertion that "unknown defendants" published a spreadsheet containing information which the Crown claims was "confidential" and the property of the Earthquake Commission (EQC).  The spreadsheet was compiled by a subsidiary of Fletcher Construction, "Fletcher EQC", and it contained the details of 83,000 claims being processed by EQC.

An initial Court order prohibiting the disclosure of the spreadsheet "until further order of the Court", against "unnamed defendants", was served on an anonymous email address on about 10 April 2013.  On 10 July an application was made by Her Majesty's Solicitor General for a Declaration of (alleged) Contempt of Court.  The application declares that the Solicitor General will apply to the Court on 1 August for orders that Mr Krieger be held in contempt and "for such sanction" . . . "that the Court in its inherent jurisdiction considers appropriate" as well as an order for costs.  One of the more ironic statements in this application is at the end; after serving the "unnamed defendants" at the anonymous hushmail address, the Solicitor General has the cheek to say "Note:  the service of documents may not be effected by email or fax . . . "

On 30 June Mr Krieger filed a "Motion to Strike Out EQC's Frivolous Claims" against himself and these "unknown defendants", stating that apart from the request to dismiss the proceedings brought by the Solicitor General he politely declines to participate in the proceedings or to dignify this frivolous action by paying a single cent in filing fees (- and I don't blame him!)  Mr Krieger continues "Furthermore,  I wish to prevent the vexatious plaintiff and its counsel from further depleting what little remains in the EQC fund to pursue this ridiculous vendetta."  Mr Krieger's motion cites section 15.1 of the High Court Rules which allow the Court to strike out a pleading if it discloses no reasonably arguable course of action, is likely to cause prejudice or delay, is frivolous or vexatious or is otherwise an abuse of the process of the Court.

In the interests of justice, and the public interest, Mr Krieger's motion is embedded below in its entirety, because it's well worth the read:

This post will be updated with news of this frivolous folly - this is how your taxes are being spent - trying to shut up people who expose corruption.  In the meantime, more frivolity:

Thursday, July 18, 2013

The killing of George Tipene Harris:

What happened to George Tipene Harris is as shocking as what happened to his cousin, Nicholas Ward Harris.  Both murdered by taxpayer funded thugs in uniform.

Two Police officers were convicted and jailed for their part in the fatal assaults viciously inflicted on George Tipene Harris that night, and the evidence of the corrupt cover up is extremely damning indeed.  The Chief Coroner also considers that there is cause for concern regarding this matter, recently writing:

Judge MacLean is an eminently sensible Judge who understands his role as a jurist and conducts it with integrity, and transparency - because when you act with integrity you have no fear of transparency.

On the other hand, here's some transparency into the Police 'investigation' - Police lied to cover up for an off duty mate who delivered a sadistic beating to George Tipene Harris - a FATAL sadistic beating - here's how your taxes are being spent covering up murder and corruption!  Dead men don't tell stories - but others do, and good on them.  The meaning of life is redemption.  It's the putting right that counts.

Here is the report of  Constable Douglas PEACH, who 'investigated' the vehicle which is alleged to have hit Mr Harris, killing him - Constable PEACH states in his formal report that the registration number of the vehicle was CHM 187:

Now, here is another report.  This one was written the following day, by Senior Constable Karl WILSON, who seems to have been 'investigating' a completely different road sweeping truck.  - This one had the registration BRM 987.

In the photograph of the street sweeping truck which is contained in the Police report, embedded below, and linked to separately - click here - in order to enable viewers to enlarge this photograph, it can be seen that the registration plate has clearly been either removed from the vehicle - there is no mention of it in the reports of anyone at the scene, so it is not credible that it fell off the vehicle at the scene of the killing - or deliberately obliterated from the photograph of the truck.

Furthermore, the report states that the left front headlight was not working on low beam "However this would not have any bearing on the driver's view" - what???  So the truck was not up to warrantable standard??? 

And what about having any bearing on the VICTIM's view???  The left side of the truck struck and KILLED George Tipene Harris - most likely because George didn't see the truck, because the headlight wasn't working!  It's hardly rocket science!

Coroner Sarn Herdson led the predictable whitewash and damage control grave-y train.  Interested parties may write to Coronial Services and request the Coroner's file to verify these allegations.  There was no mention of the discrepancy between the two registration plates or any of the other relevant and damning facts regarding this blatant cover up of a vicious homicide.

In November 2009 Police Constable Clinton HILL pleaded not guilty to charges of manslaughter, assault, and perverting the course of justice.   Evidence was given that HILL had killed HARRIS and lied about it - and bribed other witnesses, including other Police officers - to lie about it.

It was reported on the 10th December 2009 that the jury had been unable to reach a verdict on the charges of assault, and perverting the course of justice, against Police Constable Clinton HILL, but acquitted him on another charge of manslaughter.  The family of George HARRIS was shocked at the verdict.

What the jury were undoubtably not told about was the fact that two of those other Police officers that were 'incentivised' to lie about the matter had been sentenced to jail for their part in the killing less than a year earlier.

Constables Reuben James Harris and Benson Lyle Murphy had initially protected their mate, Constable Clinton Hill, who assaulted George Tipene Harris while off-duty in the back of their police car.

Reuben Harris and Murphy pleaded guilty to conspiring to defeat the course of justice.  Another police officer, who allegedly spoke to Hill at the scene, is also charged with conspiring to pervert the course of justice.  We believe this is Acting Sergeant Justin TAIRUA, who told the junior officers what to say, and told them to falsify their statements.  There is no word of what happened to Acting Sergeant Justin TAIRUA, if anything.

The court heard that Hill had been out drinking on October 3 2004, and allegedly arrested George Harris in Manukau after he attempted to grab a phone from his pocket to call a taxi.  Hill was off duty, out drinking.

Murphy and Reuben Harris stopped in their patrol car and agreed to take Hill and Mr Harris to the station.

Reuben Harris said Murphy got out of the car and Hill asked him to drive down an alleyway and then began assaulting the victim.

George Harris escaped and Hill gave chase. Murphy and Reuben Harris later found Hill kneeling over Mr Harris's body on Great South Rd. George Tipene Harris was a second cousin of Reuben Harris, and was also related to Murphy.

Murphy said a sergeant who arrived at the scene told him and Harris what to say in their statements to investigators, which involved leaving out the alleged assault.

In March this year, a former officer told police that Murphy had told him before the 2005 inquest that his account to investigators was false.

Police reinterviewed Murphy, who had become a recruit with the Queensland police, and Reuben Harris, who had resigned from the force in December 2006, and the pair admitted making false statements.

The men agreed to testify against their former colleagues.  They have met the victim's family, who have accepted their apology.  Sadly, the whistleblowers are locked up and shut up, while a homicidal liar who encouraged so many other NZ Police Officers to also lie to cover up his sadistic killing, walks free among us.
Links will be updated in this report to evidence and information regarding this matter, in the next few days.

Transparency NZ are assisting members of Mr Harris's family to write to the Solicitor General about this matter, and take further action in the Courts to ensure accountability, and see that justice is served for George and his cousin Nick.

Here is the Police report into the death of George Tipene Harris, it is disturbing on a whole lot of levels (click the < arrow in the top left hand corner and then use the scroll bars to view, or access directly at this link).

Particularly damning is the statement of Constable Reuben Harris.  Reuben Harris states that his supervisor is Acting Sergeant Justin TAIRUA.  It's also just fascinating that there is no statement on this file from Acting Sergeant Justin TAIRUA, the officer in charge of the scene.  The driver of the truck alleged to have struck George Harris had been drinking, but was assured by Police officers that the death had nothing to do with him and he was - incredibly - allowed to leave the scene of the crime - and apparently allowed by Police to drive the truck away too!

Police caught up with him hours later, and breath tested him.  He was found to have a significant amount of alcohol in his system - as did Clinton Hill.  Why was he allowed to leave the scene?

The Police have withheld the age of Constable Reuben Harris, this is ridiculous, the public have a right to know how old he is.  Apparently Constable Reuben Harris - a key witness to the assault and killing of George Tipene Harris on 3rd October - was not interviewed until THREE DAYS LATER.  His statement was taken on Wednesday the 6th October 2004, the taking of his statement began at 9:55 pm and finished at 1:15 am.

At around 4 am on the 3rd of October Constable Benson Lyle Murphy and Constable Reuben Harris were cruising around Manukau in their Police car when they just happened to come across their mate. Constable Clinton Hill, who was off duty, and drunk, and George Tipene Harris, who was related to two of these Police officers.  There's also the question of whether they just happened to come across him or whether the phone calls between off duty cop Clint Hill and his brother resulted in the victim crossing paths with his killers that morning.  Constable Reuben Harris was driving.  Clinton Hill states that he was taking George Harris to Wiri Police station.

Constable Murphy states that Hill forced George Tipene Harris into the Police car and allegedly told him and Murphy that he - Clint Hill - had "arrested" George Tipene Harris.  Problematic on a whole lot of levels - Hill was off duty, drunk, aggressive and unreasonable.  He was looking for a confrontation and with George Tipene Harris and he co-erced Murphy and Reuben Harris into going along with it.  Bullying is all good fun - until someone loses a leg, and their life.  And the whistleblowers are locked up while the killers walk free.

So, Hill forced George Tipene Harris into the car, telling his mates that it was because George had "tried to take his cellphone" and "ripped his jacket" - showing them a little bit of white fluff as "evidence" of this alleged crime.  Neither Murphy or Reuben Harris cautioned George Tipene Harris or told him he was under arrest and what for.  "Trying to take a cellphone" and "ripping a jacket" are not listed under the Summary Offences Act or the Crimes Act, and the evidence shows that the so called arrest of George Tipene Harris was unlawful, and that it was in fact kidnapping.

Constable Murphy states that he noticed that Clinton Hill was intoxicated, but that he "seemed of his wits to know what he was saying and I was not concerned about that issue at all."  Murphy had only been a Police officer for 18 months.

He states that Clinton Hill "was worried that he may be inconveniencing us."

He then states that instead of taking Clinton Hill and George Tipene Harris to the Police station, they drove up the road and conspired in the killing of George Tipene Harris.  George's friends tell how the last they saw of George was when Clinton Hill grabbed him and marched him down the road to his death.  They went to the Police station to pick him up, like Hill told them to, but George never made it to the Police station.  He died on the side of the road after a bashing by Hill and his mates, and his death was corruptly covered up.

Constable Murphy states that after Clinton Hill forced George Harris into the car they drove up the road and Murphy and Reuben Harris got out of the car, leaving Hill in the back with George Harris, who they state was drunk - and so was Hill according to Murphy and Rueben Harris, and unrestrained. Constable Benson Lyle Murphy states that Clinton Hill was shouting at George Harris. Murphy states that they were going to take George to Manurewa Police station - he never made it to Wiri OR Manurewa or any other Police station - after Police "took him for a little ride" and beat him up and chased him to his death for "bumping into" a drunken off duty cop with an attitude problem.

George Harris got out the unlocked door of the Police car, Clinton Hill tried to get out his door but the kiddie lock was on on his side - but not on George Harris's side - so Hill got out the driver's side and chased George Harris up the road to his death.

Constables Murphy and Reuben Harris gave chase in the Police car.  Constable Benson Lyle Murphy states that they then "came across" Hill and George Harris again, but Harris was already dead or dying by then.

Constable Murphy states that when they pulled up next to Hill and George Harris, Hill stated that he couldn't feel the pulse of George Tipene Harris.  Constable Murphy called an ambulance, and then noticed a street sweeping truck pull up in front of the patrol car, he states that it was not there when the patrol car pulled up.  He states that he questioned the driver of the street sweeping truck, Constable Murphy states that he asked the driver of the street sweeping truck "Did you hit him" and the driver, Mr Semisi Cocker, stated "Yes."

Constable Murphy then told Clinton Hill to move away from George Harris, proceeded to roll him into the recovery position and ascertained that he was actually breathing.  Constable Murphy tried to assess George's injuries, he could see that his leg was "mangled" in fact it was almost completely severed, if not completely severed, evidence indicates the latter, blood was coming from his ear and there was blood on his face.  His eyes were rolled back in his head.  Constable Murphy stayed there with George, talking to him, telling him that the ambulance was coming.  Constable Reuben Harris walked away and occupied himself talking to a tow truck driver who had arrived on the scene - there is no statement from the tow truck driver, or from Glen SETU - another witness, and no statement from Acting Sergeant Justin TAIRUA - the ringleader of the coverup apparently.

After Constable Murphy helped to put George in the ambulance - which was dispatched as a priority TWO - and as such proceeded to the scene slowly, without sirens or lights, no hurry - appallingly! - Constable Murphy then asked for a supervisor to come to the scene.  Acting Sergeant Justin TAIRUA then arrived and "the scene was turned over to Acting Sergeant Justin TAIRUA."  Evidence at the scene was treated extremely carelessly to the point of deliberate negligence.

Constable Reuben James Harris had also been a Police officer for less than two years, having graduated in November 2002.  His age has also been withheld by Police - because it is indicative of a lack of maturity and experience!  And therefore in the public interest and RELEVANT!  Constable Reuben Harris was driving the patrol car and Murphy was in the front passenger seat.

Constables Reuben Harris and Murphy, and George's friends, confirm that George Tipene Harris was not aggressive at all, and that Clint Hill was, George was apologetic and submissive, while Hill shouted at him aggressively demanding to know why he tried to "steal" his phone.  Hill was also already wound up and aggressive because of a series of phone calls from his brother.  Hill confirms that he indicated that George's friends could use his phone, there was apparently a misunderstanding, no doubt caused by both parties being significantly affected by alcohol and Clinton Hill being affected by adrenalin after the phone calls with his brother indicating danger - whether real or imagined or deliberately fabricated - and it seems that the latter was the case.

Reuben James Harris and Benson Lyle Murphy were sentenced to 15 months jail in August 2008 after pleading guilty to conspiring to defeat the course of justice after they lied to try and protect Hill.

In the High Court on 2 March 2009 Justice Pamela Andrews quashed their prison sentences, instead sentencing them to 10 months home detention, the Dominion Post reported.

Harris and Murphy had immediately appealed their initial sentences and were bailed without spending a day in to prison.

Justice Andrews did not give a reason for her decision.

Hill is due to appear in the High Court at Auckland on 2 March 2009 charged with Mr Harris's manslaughter, while a police sergeant has been charged with conspiring to pervert the course of justice.

Saturday, July 13, 2013

Silence of the Lambs

13 July 2013

First they came for the trade unionists...  

"I, Vince Siemer, am going to prison tomorrow after the Supreme Court upheld the Court of Appeal ruling which in turn upheld two judges of the High Court decreeing I am in contempt of the Courts.  I consider I can show no better respect for the rule of law than contempt for judges who pervert it.  My 'crime' is publishing the secret December 2010 judgment of Justice Helen Winkelmann which denied the Urewera 18 defendants their statutory right to trial by jury on the basis a jury ?would likely use improper reasoning processes?.  The Chief Justice strongly dissented, recognising I disobeyed an unlawful order yet was denied the lawful right to challenge it in order to preserve my liberty.

I am believed to be the first person in the free world to be sentenced to prison for reporting a criminal court judgment.   (Who says New Zealand does not lead the world?!)  One reason I am the first is secret criminal court judgments are unlawful.  In my case, the Courts roundly protected the unlawfulness of Winkelmann?s order by asserting they need not determine the lawfulness on the ground even unlawful orders need to be obeyed until overturned - the Crown claiming a message needed to be sent to the larger community of this.    Interestingly, I invited the Attorney General to make submissions in the public interest regarding the lawfulness of Winkelmann's orders and he responded that, if he made submissions at all, he would seek an increased order of costs against me. 
Where Winkelmann?s order gave no reasons for the secrecy, the High Court Judges tripped over each other to retrofit the reason that justice required the secrecy.   The Crown conceded at my trial no prejudice or harm was alleged as a result of my publication, but they still wanted me imprisoned.  In a page out of a George Orwell novel, the Court of Appeal censored Winkelmann?s reason for negating the statutory right of appeal when upholding my conviction out of fear the public would not take kindly to being called stupid in a secret judgment.

First they steal the words; stealing the meanings only when required.
New Zealand judges are out of control.  We no longer have the instilling discipline of the Privy Council in England.  The NZ Court of Appeal judges trounced by the Privy Council as law-breakers in Taito v R now comprise the Supreme Court which replaced the Privy Council. 
Do you see any mainstream media reporting any of this?

We get what we deserve with our judges.  The incestuous nature of judicial appointments being what it is, every judge in New Zealand signed on to submissions to Parliament opposing the passage of the pecuniary interest of judges bill currently before Parliament.   Really?  Not one judge in the whole of New Zealand not actively opposed to this bill which requires them to register their financial and business interests?   While it seems impossible at times to get more than two Members of Parliament to completely agree, our 205 judges are in lock step with their independent view.  It is evident ?independent judge? is an oxymoron in New Zealand.

We have forfeited much with the loss of the independent Privy Council.  This should come as no surprise.  Former Attorney General Margaret Wilson was undeterred when 82 percent of Auckland law practitioners voted against her new Supreme Court.  When everyone?s back was turned it still happened.  We built a $100 million palace for five elevated judges, most of whom were known to engage in breaches of due process.  And, like sheep, this 82% fell into the fold even as this new court made mince out of established principles on judicial bias and essential legal rights, rolling over established legislation with all the finesse of a blitzkrieg.   It is the law today that the ?New Zealand independent and informed observer? is an endangered species and, where it does exist, does not consider a judge has a conflict of interest where he/she is business adversary or sibling to those who appear before him/her.  You now have to be rich to get to a hearing in the courts ? the Supreme Court ruling the requirement that plaintiffs pay the defendants? anticipated legal costs into the Court as a condition to obtaining a hearing is ?well-settled law? in New Zealand.  Two years ago, in Atty General v Chapman, the Supreme Court ruled judges are exempt from the New Zealand Bill of Rights Act 1990 on the ground this statute that expressly bound them threatens their ?independence? we all know so well.

Maybe the diminishing numbers allowed to be heard in the courtrooms no longer care.  But we could possibly survive without the legal necessity of independent judges if these judges had any respect for the rule of law and the courts they serve.  But they have no respect for laws where their mates and critics are concerned, and the most powerful sheep lawyers in New Zealand, while silent about it publicly, make no secret about it privately.  As retired Judge Sir Edward Thomas said in a 2007 email to the president of the New Zealand Bar, ?I am not a keeper of the court?s conscience and am of the view that my primary obligation is to Alan, not just as a matter of professional obligation but by virtue of my deep friendship for him.  There is a limit to how far I will go to uphold the integrity of the court if the judges themselves won't.?

Where is the ?independent bar? on this?  Flocking behind the independent judges, either cowering in fear or cloaked in protective partisanship.  This silent flock is hoping the perverse court judgments in my cases do not generally denigrate the rule of law in New Zealand.  History finds this the safest place for lawyers to be.  Look at Fiji.

Those who see little comparison with Fiji fail to realise that Fijians do not feel oppressed.  That is the insidious thing with erosion of the rule of law.  It is frighteningly uneventful until the tipping point.  In the Earthquake Commission contempt the Solicitor General filed against Marc Krieger this week, it was not the Bill of Rights or due process legislation which even featured in the SG's application.  The SG largely relies upon three of my court decisions to eventually bankrupt this poor citizen who had the audacity to expose the EQC's attempt to write off $100 million which evaporated from the public coffers.

Anyone who doesn't believe a deep friendship for Alan? is a more valuable commodity in a New Zealand Court than truth and law chooses to ignore the reality.  For whistleblowers, one obvious problem is they do not have deep friendships with the perpetrators whose power and influence is the currency of the New Zealand courts.  Partisanship and secrecy is endemic, and it is laying ruin to the rule of law in black robe and white collar New Zealand.  It would be better if it was blood in the streets, if only to wake people up to the huge corruption occuring behind closed court doors.  No one should need to go to prison to protect the rule of law but the sad reality is sitting in prison is often the best way to stand up for legal rights.  While it is unfortunate this price must be paid, I consider my imprisonment a demonstration of my highest respect for the law."  ~ Vince Siemer (NZ's leading independent journalist and publisher.
 - source, Kiwisfirst.co.nz

Friday, July 12, 2013

Contempt of Court - Vince Siemer's cruel and unusual punishment

Publisher Vince Siemer of Kiwisfirst
On 9 December 2010, Winkelmann J delivered a judgment making pre-trial rulings in criminal proceedings, regarding the trial of the defendents in the matter that became known as the "Urewera terror raids". The front page of the judgment carried a heading stating that the judgment was not to be published in news media or on the internet or other publicly accessible database or otherwise made publicly available until final disposition of the trial or further order of the court.   What Winkelmann J sought to suppress was her rulings that the defendants were to be denied a trial before a jury of their peers as they were lawfully entitled to, and that Winkelmann J sought to establish an arguably unlawful precedent forcing them to be tried by a Judge alone, because Winkelmann J was of the extraordinary view that a jury couldn't be trusted to arrive at a sound decision.  As we now know, the Urewera raids were found to have been conducted unlawfully.

Publication in a law report or law digest was permitted by Winkelmann J, as an exception to the order forbidding publication of her rulings.  Shortly after the judgment was delivered, the appellant Mr Siemer published an article on each of two identical “Kiwisfirst” websites he operated. The article referred to the decision made by Winkelmann J, and included a hyperlink which gave readers of the article immediate electronic access to a copy of the 9 December judgment.

The Solicitor-General brought proceedings in the High Court seeking to have Mr Siemer committed for contempt of court. A Full Court of the High Court held that Winkelmann J had power to make the suppression order in relation to the judgment.

The Crown argued that any other criticisms of the court order could not be a defence to a charge of deliberately breaching it. The Court was satisfied beyond reasonable doubt that Mr Siemer had knowingly published the judgment in breach of the order and found him to be in contempt of court. The Court sentenced Mr Siemer to six weeks’ imprisonment. This decision was upheld by the Court of Appeal.

Mr Siemer appealed to the Supreme Court. The Supreme Court has, by a majority comprising McGrath, William Young and Glazebrook JJ, dismissed Mr Siemer’s appeal.

The Chief Justice has dissented.

The first issue before the Court was whether New Zealand courts have inherent power or jurisdiction to suppress judgments in criminal cases. The majority has held that New Zealand courts have an inherent power to suppress judgments. This power has not been extinguished or replaced by s 138 of the Criminal Justice Act 1985 (now repealed and replaced with the Criminal Procedure Act 2011), which confers a limited statutory power to suppress. The majority has decided that a suppression order can be made consistently with the New Zealand Bill of Rights Act where publication of the information would give rise to a real risk of prejudice to a fair trial right.  Ironically.

The second issue was whether a person who wishes to act in a manner contrary to a suppression order may seek to have it varied or rescinded. The majority has held that such a person may apply to the court for review of that order. The application must be made in writing and set out the reasons why review of the order, or its application to that person, is sought. The application must be considered by a judge, who will determine the procedure to be followed in response to the application, and make a decision upon the application itself.

The final issue was whether, in proceedings for contempt of court based on breach of a court order, the defendant may raise as a defence that the order should not have been made or made in the terms it was. The majority of the Court has decided that breach of a court order will constitute contempt of court, at least where the court had power to make an order of the relevant kind. It will not generally be open to a person facing contempt proceedings to defend them on the basis that the order should not have been made. The person bound by the court order should instead apply to the court seeking to have the order varied or set aside.

The Court has decided that there are very limited exceptions to this general rule where that is
necessary in order to ensure that there is a meaningful and practically available opportunity for those subject to court orders to challenge them.

In the present appeal, the Court held the view that it was open to Mr Siemer to apply to the Court to seek to have the suppression order made by Winkelmann J varied or set aside. There was no exceptional basis for allowing Mr Siemer to raise a defence, in the contempt proceedings, on the basis that the court order should not have been made at all or in the terms that it was.  Mr Siemer’s actions breached the order made by Winkelmann J and frustrated its purpose. For that reason, Mr Siemer’s conduct was held to be contemptuous.

The appeal is accordingly dismissed and the Supreme Court has directed that Mr Siemer must commence serving his sentence.

The full text of the judgment and reasons can be found at www.courtsofnz.govt.nz:  
(SC 37/2012)
[2013] NZSC 68

Vinnie Eastwood interviewed Vince Siemer shortly after the release of the decision of the Supreme Court:

- In another recent ruling released today, another local businessman was sentenced to jail for contempt of Court for failing to co-operate upon being called for jury duty.

Friday, July 5, 2013

How to really add insult to injury - John Keys legacy to twenty nine men, twenty nine families, and our country as a whole:

Today it was announced that Pike River Coal does not have the cash to pay compensation to the Families of the men who died in the mine they operated in a dangerously unsafe manner for years, because company bosses have already spent the money on their legal fees, according to one of the receivers.

And that's not the only thing they, and the directors of the company who took over the mine, Solid Energy, have been spending it on either.  The Families want their men back not just some cheap payoff, what an absolute insult.

The Families and the men in the mine have been brushed aside with contempt by the vultures who've been picking over the carcass of Pike River Coal.  The role of the Department of Labour has never been scrutinised - the Minister resigned her portfolio because of the liability of herself and the Department and the Ministry so it seems that the Families should instruct the police to lay charges of of criminal negligence and instruct a lawyer forthwith to lay civil charges against the DoL.

"Let's let Solid Energy buy the mine, they'll get the men out" said certain people - self appointed community advocates, etc, well let's look at how that's worked out.  CEO Don Elder, married to "political commentator" ( - nice work if you can get it - who pays her how much to be a "political commentator"?) when you look at what Don Elder's been raking in (see links above, para 2).

In April 2013 Clayton Cosgrove went to the Ombudsmen regarding the refusal of Solid Energy to respond to OIA requests - because staff responsible for responding to it were on holiday - Cosgrove said Solid Energy was making a laughing stock of the Ministry and that he was acting as a last resort because requests for information were being blocked at every turn.

Solid Energy has debts of four hundred million dollars and is facing financial ruin unless it can negotiate a rescue package with Treasury and the banks (source at link in paragraph above).  It's also been spending like there's no tomorrow on luxuries and holidays etc for its directors.

Meanwhile Conman Key has been blatantly manipulating the stock market and helping his mates thieve from Kiwi 'mum and dad investors' by claiming the money was going to go to schools and hospitals, when all the while the plan was to line his pockets and his mates' pockets!

Conman Key has been caught out lying again, after earlier denying that plans have already been made for the as yet unannounced bail out of Solid Energy and reports are now emerging about the outrageous culture of extravagance perpetrated by these pigs - feasting at the trough while twenty nine families grieve, and their men lay somewhere inside the death trap that murdered them by putting money before safe practice, and they are forbidden to even get near the mine to pay their respects.  Instead, each Family has a stone, a big boulder.  Ironic? - or symbolic of the heart of Conman Key and his greedy, deceitful mates?

Lee Scanlon's revealed that Solid Energy are paying over $25,000 a week to lease their offices - known as The Palace - while Pike Families and other honest hardworking New Zealanders are struggling to find work and jobs so they can feed their families.

Greymouth District Court judge Jane Farish ordered PRC to pay $110,000 in reparation to each of the grieving families and two survivors of the West Coast mine explosion - a total of $3.41m.

She also fined the company a total of $760,000 over nine charges.

Receiver John Fisk said it was impossible for PRC to comply with that order.  Judge Jane Farrish refused to fall for that nonsense and expressed the view of the Court perfectly clearly in that respect.

Only $156,000 - or about $5380 per family - of its $2 million liability insurance cover was still available for compensation payments, said Fisk.

The other $1.84 million had been used by company staff and directors for their legal fees, Mr Fisk said.

"There's a cold hard sort of commercial and legal reality as to what we're dealing with here as receivers and then the tragic situation of the death of 29 men in a workplace accident.

That does come into stark contrast in these situations."

Mr Fisk said he did not know what Judge Farish meant when she said there was the "means" for reparation payments to be made.  - What arrant nonsense!  Of course he does!

"I'm not sure what she means by that because it can't come from the company so I'm at a loss to know where she thought that could be paid from.

"Unfortunately they won't be able to get anything out of the company."  - No - because the pigs and vultures are still feeding!

Pike River Coal was valued at $400 million before the mine explosion on November 19, 2010.

It has about $500,000 in cash and assets remaining, but it is legally bound to pay that money to its largest secured creditor New Zealand Oil & Gas (NZOG).

Families spokesman Bernie Monk said today it was "morally wrong'' that secured creditors were paid first.

Although the families had received financial support, that help had been divided among 55 different families.

"The impact statements show they (Pike) didn't care two hoots about staff."

Mr Monk said he had written to Pike's former Indian directors, but they had "not had the guts to write back".

He said the directors were not fit to run the company.

"It's laughable to hear NZ Oil and Gas made so many millions last year. It's not the end of it."

Judge Farish indicated NZOG was in a position to pay reparation. She also mentioned former directors' private insurance policies.

Last August, NZ Oil and Gas posted a full-year profit of $19.9m.

"Good on the judge," Engineering, Printing and Manufacturing Union assistant national secretary Ged O'Connell said immediately after sentencing.

"Pike River Coal's directors should not be able to hide behind shabby legal structures and carry on as if nothing ever happened. It's time we had corporate manslaughter laws and personal liability for directors so they can be held accountable for their actions.''

Receivers were appointed in mid-December 2010 - just two weeks after the mine exploded, claiming 29 lives.

Pike River Coal had invested $290m in the mine operation. The Bank of New Zealand was a first ranking secured creditor, owed about $23.2m. In 2011, the receivers said they would give full payouts to the 243 unsecured creditors owed up to $10,000 each.

Grey District Mayor Tony Kokshoorn said self-regulation of health and safety lit the fuse of the disaster, fuelled by the company's "greed and complacency".

West Coast-based Green Party MP Kevin Hague said it was "a travesty of justice" that the families could end up with as little as $5000 each.

He said Pike River's $2m liability insurance cover was "totally inadequate" for a high-risk operation and the families had been left with "crumbs" after everyone else had been paid.

The crippled mine was last year sold to Solid Energy for $7.5m.

Mr Fisk said today it received $80m in an insurance claim, which was partly used to pay unsecured creditors. The rest was used to repay secured debenture holders in order of priority.

There was money in the bank account when the receivers were called in, mainly advances from NZOG. Some was used to stabilise the mine, and the tunnel reclamation plan.

The $7.5m from Solid Energy was also used to pay secured creditors.

When the board put itself into receivership, it said in a statement: "The only prudent action we could take was to approach our major creditors and advise them we were unlikely to be able to repay our loans at the end of the standstill period that NZOG and BNZ offered us after the 19th of November.''

Former Pike River chairman John Dow was not answering the phone at his Nelson home this morning, or his cellphone.  (- Source: Hayden Donnell, NZ Herald, Laura Mills, Greymouth Star, 5 July 2013)

It's been revealed that Conman Key and his government TOLD Solid Energy to borrow - after lying about that too and arrogantly denying it - manipulating the stock market - right before the controversial float of Mighty River.

More and more lies are emerging daily, indicating the real asset sales agenda and

There is more on these matters at this link and this one, and this site will certainly be updated with reports on them and Transparency NZ will be working hard to (a) recover the bodies of the twenty nine men - or at least make an honest attempt to do the decent thing - and provide some REAL justice for the Families of these men!; (b) hold the proper people accountable instead of the ritual sacrifice of a couple of unwitting scapegoats; and (c) ensure this never happens again.(and that can't happen until (b) happens anyway).

Meanwhile, all this time, years later, the Families can't even get near the mine where their men are, because of this stinking, and corrupt cover up.  Neville Rockhouse is one of the scapegoats.

Conman Key has lied, and lied, and lied, and what was revealed at the commission of inquiry about the role of the Department of Labour - or lack of a role - and what happens when you let industry and commercial interests regulate themselves should have been a lesson, but recent events prove otherwise.

The Trust set up for the families of the Pike River miners' Families, is at this link.

Photo / File

(Source: Hayden Donnell, NZ Herald, Laura Mills, Greymouth Star, 5 July 2013)

Transparency NZ will continue to protest at parliament and the Court until justice is done, and good on Judge Jane Farrish for dishing out a bit of justice, and having the integrity to tell the guilty parties that she will not tolerate their deception.

The day is soon approaching when we file action in the Courts for some REAL justice for the Families of the men in the Pike River mine - and all other decent hard working New Zealand taxpayers for that matter - it's coming very soon, and it's long overdue - we don't pay taxes to be governed like this!

Thursday, July 4, 2013

Masterton, Manakau, near enough, for the incompetent and corrupt - and ironically named - NZ Ministry of Justice . . .

I recently sent the Manager for Courts another email:

Tena koe Mr Frengley,

I'm writing regarding the matter of the news report at this link, regarding the conviction of a Police prosecutor for assaulting his former partner and her son.

Would you please send me a copy of the Judge's decision regarding this matter (by return email).

Also, I filed three appeals in the Masterton Court recently, can you tell me whether any dates have been set down to have them heard please, or provide me with an email address for the person dealing with those matters, it would be good if they were set down for different days.

Thank you for your attention to these matters.

Yours faithfully

Katherine Raue
Today, I received this response:

Dear Katherine,

I have been asked by Mr Alistair Frengley to respond to your query dated 9 June 2013 regarding the news report about the conviction of a Police prosecutor, please  expect the High Court to respond to you on this matter.
With reference to your three appeals these matters are being dealt with in the Manakau District Court in July, to obtain information on these matters please make your request to the Manakau District Court.

The court will refer your request to the Judge who will in turn oblige or deny your request.

Unfortunately, I am unable to provide you with any further information on these matters.  I trust you will be able to pursue the gathering of information on these matters as set out above.

It is my pleasure to assist you.

Warmest regards

Lauri Blyth-Carter 
Court Services Manager

Tuesday, July 2, 2013

GCSB Act - Penny Bright speaks to the parliamentary committee regarding her submission:

This is a fascinating insight into our political leaders, and the way they interact with their constituents - Key and his ministers display a contempt and arrogance which is unmistakable, as ever more evidence of the government spying on ordinary New Zealanders is revealed.

The government is currently 'hearing' oral submissions in support of the written submissions received regarding the proposed amendments to legalise the illegal actions of the government.

Auckland activist Penny Bright travelled from her home in Auckland to speak in support of her written submission regarding the Government Communications Security Bureau Amendment Bill, this short video clip shows that Key had no intention of listening to Ms Bright, and can barely disguise his arrogance and contempt at being forced to listen to the people he serves - a fascinating insight into how the government of the people REALLY works. 

Note how Key attempts to close the meeting with undue haste in order to prevent Ms Bright from being heard, after she popped out for a no doubt much needed breath of fresh air, luckily she beat Key to the door, after fellow political commentator Maria Van Der Meel saved the day.  John Banks and Tony Ryall reveal their true colours:

Other submissions have been made by TechLiberty, The NZ Law Society, and many others.

Illegal and unwarranted spying on citizens for political purposes is now widespread, and this matter is of great concern to a growing number of New Zealanders.

Instead of being held accountable for the widespread illegal spying on the citizens who elect our representatives, Key's National government is now trying to change the law, and make their illegal actions legal - this is NOT democracy, and as the video above clearly demonstrates, Key had no intention of listening to submitters, and apparently lacks basic good manners and other vital qualities of a Prime Minister.  The video speaks for itself, and is a testament to the value of diligent independent journalists, such as the one who filmed this clip yesterday afternoon. 

Watch this space for the next clip, Kim Dotcom is due to appear today.  The link to Mr Dotcom's full address is at this link.

This particular link here shows how Russel Norman and David Shearer asked for extra time to question Mr Dotcom - given that he was the whole reason we were there, however Key demonstrated his usual arrogance and contempt for the democratic process, Mr Dotcom says he was sent an email saying he and Mr Van Der Kolk would be given twenty five minutes instead of the fifteen minutes John Dot Con suddenly decided to impose (that's me in the background in the green jacket filming).  Journalist Gordon Campbell summarises at this link.  Thomas Beagle also rated a mention on The Civilian.
Among the submitters heard on Friday were representatives from OASIS.

Monday, July 1, 2013

Renee Maurice, a talent worth watching:

This song was written by 15 year old Renee Maurice in 2009, because she wanted to express how she felt about child abuse, following the deaths of more babies and children in New Zealand as a result of violence and abuse. Do yourself a favour and listen to it sometime, and think about it. We have one of the highest child mortality rates in the world, support Transparency NZ and Renee Maurice to change things - this young woman needs to be heard more widely, how about donating her some money and sending her an encouraging message, more at this link.

Renee didn't stop there either - here's some more of this inspirational Kiwi talent:

What a wonderful young woman.