"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

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"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

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Saturday, August 6, 2016

Police deny Housing NZ Corporation's claims:

Below is page 120 of the bundle of documents provided to Mr Mihaka and his Agent the day prior to the hearing in the Human Rights Review Tribunal.  This is one of the pages containing defamatory allegations about Mr Mihaka.  On 21 April 2015 Naomi Davies of Housing New Zealand Corporation alleged that "Police have confirmed tnt [tenant] to be a serious cannabis smoker and although they can not confirm, they have heard that the tenant is using meth".  Mr Mihaka first became aware of this notation in March 2016 whereupon he immediately requested that it be removed or corrected, a request which was refused by Kathy Furfie of HNZC.
Mr Mihaka's lawyer wrote to Police regarding this outrageous defamation, and guess what?  NZ Police deny telling Housing Corp any such thing.

The reference above to "Karaka" seems to refer to a person called Karaka Tuhakaraina, who is part of the Housing NZ Corporation's legal department apparently - and given to a bit of exaggeration and invention himself - in another piece of information recently obtained, this Karaka Tuhakaraina states that Mr Mihaka actually ADMITS assaulting Mr Dickie, which is blatantly untrue to the point of delusional - Mr Mihaka has always strenuously denied assaulting Mr Dickie.

Contrary to the claims that Mr Mihaka "continue to antagonise others", there is no evidence whatsoever of any complaints of antagonistic behaviour being received from anyone other than Mr Dickie!

The letter from Mr Mihaka's lawyer to Police regarding this matter is at this link, and the letter from Police denying HNZC's claims is at this link.  Mr Mihaka considers that there are a number of inaccuracies in this letter, including the claim that Constable Tahere was "helpful" toward Mr Mihaka.  Mr Mihaka says that in the time he has known Constable Tahere it has been apparent to Mr Mihaka that Constable Tahere was more inclined to be helpful to people such as Housing Corporation staff and Mr Dickie, and that there was a history of animosity between Constable Tahere and Mr Mihaka.  The offhand manner of this response is both ignorant and arrogant - ignoring the fact that this is a serious issue which has resulted in the imminent eviction of Mr Mihaka and the recording of outrageous false allegations against him attributed to NZ Police and Warren Frederick Dickie, and arrogant in the continued allegations of assault despite the nebulous and conflicting claims of Mr Dickie which simply do not stand up to scrutiny.  Despite all this it is perfectly clear that Police categorically deny the claims of HNZC.

When Mr Mihaka's Maori Agent collected the files from the two lawyers previously acting for Mr Mihaka, Nathan Bourke and Brett Crowley, there was no sign whatsoever of any Police statement from Mr Dickie regarding the allegation against Mr Mihaka.  There was a Summary of Facts on the files, which Mr Mihaka was unaware of.  When a person engages a lawyer, the lawyer receives all information on that person's behalf, so the lawyers had the Court transcript and other information, but Mr Mihaka had never seen the information on the lawyers' files, including the transcript and the Summary of 'Facts' (sic), let alone Mr Dickie's statement to Police, which it seems was never seen by Mr Mihaka or either of his lawyers.  Mr Mihaka's Maori Agent made enquiries with Nathan Bourke and Brett Crowley and both confirmed that they had never seen any statement made by the complainant to NZ Police, so the Maori Agent made a formal request according to the Criminal Disclosure Act 2008, the Privacy Act and the Official Information Act for all information regarding this matter, in particular any statement made to NZ Police by the complainant.

Eventually the following statement was provided:
Page 2 (above) shows that in fact Mr Dickie 'assaulted' Mr Mihaka by touching him unnecessarily, while he was asleep.  ". . . he dozed off in the early part of the evening . . . it was then that I . . . tapped him . . . it was about 9 - 9:30 at night.  That's when the assault took place I knew Dun was asleep and I tapped him."  Mr Dickie, in effect, assaulted Mr Mihaka, not the other way around.  Police left this FACT out when they wrote up their Summary of "Facts".

This is a very serious discrepancy.

In his sworn evidence Mr Dickie states the incident happened at around 7:30 in the morning just after he awoke and made coffee - NOT 9:30 at night as he was about to go to bed!

Page 3 of Mr Dickie's statement makes it quite clear that he is prone to panicking, and that he did panic.  He imagined he was under attack and panicked, probably hyperventilating to the point that he had trouble breathing.  He estimates that Mr Mihaka had his hands on him for "between 30 seconds and one minute."  He doubles this to one to two minutes in his sworn evidence, demonstrating a propensity for exaggeration and embellishment.

Page 4 of the complainants statement against Mr Mihaka was provided to Mr Mihaka with the last four lines blacked out:

We finally obtained a copy of the unredacted page, and surprise, surprise - it seems that HNZC obtained the defamatory information regarding Mr Mihaka from none other than Mr Dickie.   They seem to have also exaggerated, claiming that they received the information from Police when in fact, the information came from Mr Dickie.

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