judiciary

Lets put justice back in New Zealand

Open letter / OIA to Minister of Justice

This letter has been published on www.Transparency.net.nz and broadcasted via social media

I also  refer to a previous open letter to you “What justice system “ and statement you made in this news article where you stated “it’s a court of law not a court of justice”.

I have become aware through being sued in our courts for speaking the truth and for exposing serious corruption that our courts are on a par with our casinos.Except that  our casinos have more security issues in place to prevent abuse.

We apparently fare no better than the Wild West it appears to be a free for all in our courts with no ENFORCEABLE systems or processes  to give those taken to court any protection .

When truth and evidence are not factors we cannot have justice. The justice sector by not providing prosecutions for perjury is failing the people

It appears  to me, that the course of justice has been averted. Those in the middle income group who own their own houses are a very good target. Their houses are now worth going after and what better way than to bring a massive financial burden on to them, costs which no one can possibly budget for.

This means that those with means and those who are lawyers themselves can totally abuse the court system for their own advantage and write the costs off as a tax advantage while forcing the other party to hire a lawyer .

If you do not hire a lawyer and defend  yourself you become prey to the dirty legal tricks which deny justice and which is apparently allowed in our Legal system .

Our Justice sector fails in its task to “to make society safer and provide accessible justice services.”

Court has become a tool of oppression , why use a baseball bat to steal some ones wallet when you can use a lawyer and get their house and anything done through a lawyer is apparently legal .

Truth, evidence and integrity have no place in our courts and it appears that you can bring civil claims based on nothing but hogwash . Once the papers are served it is for your opponent to spend funds on lawyers, money which they cannot recover due to the oppressor cleverly hiding all their assets before they start.
I have experienced instances where the civil jurisdiction is being used to pervert the course of justice.

Police simply won’t act if a matter is before the court and without evidence the civil jurisdiction supported by the total lack of rights to the Universal Declaration of Human rights

Some Lawyers appear to use the court to pervert the cause of justice by using the civil jurisdiction to conceal criminal offending.While it is a crime to beat someone up with a baseball bat it appears to be sanctioned if done with a lawyer and legal tactics.

The fact that immense stress and bullying has health repercussions is not even considered a factor and neither must the person being beaten up show any emotion because that is another black mark against them.

I am a former police prosecutor and through my involvement in the Civil court have found that our bill of rights in New Zealand does not afford the right to a fair and public hearing by an independent and impartial court to those in the civil jurisdiction this is totally out of step with the Universal declaring of Human rights .

I have previously made an OIA request with this regard and  your staff have responded .

I would By way of OIA request further Documentation and discussion papers which examine
1. Why criminal judgements confidential when all civil judgements are published, are both not equally accountable to the public records act.

2. Why convictions in the criminal jurisdiction are not a matter of public record and accessible to all yet civil matters gets full and permanent publicity

3. Criminals have advantage of the clean slate act yet those in the civil jurisdiction are accountable to the decisions for ever , this appears to be a disparity has this been considered and discussed if not why not

4. What the threshold for perjury is and to what degree that drifting from the truth is acceptable before any one is prosecuted, and who prosecutes when the police are under resourced and overburdened?

5. What consideration the minister of justice has given to the use of the civil jurisdiction to pervert the course of justice in the criminal jurisdiction? – To this end, those engaged in crime tend to have more funds than whistle-blowers. Any one coming across a crime has a choice of becoming an accessory by concealing it or speaking up. When they speak up they find themselves under attack from the “would be” criminal and legal tactics rather than truth and evidence are used to financially cripple them. Law is not affordable to the average person and the costs of being taken to court is crippling it is a tool by which the rich and the corrupt can beat up those who are trying to survive. An hour for a lawyer is a weeks wages for the average New Zealander . Law has got out of hand.

6. If the minister of Justice has no way of delivering justice has the minister considered ways to put justice in place or otherwise renaming the ministry.

Our courts need to give protection to the citizens of this country. To allow the courts to be used in appropriately is an abuse of process which I believe the Minister of Justice should seek to prevent.

I look forward to your response.

I am standing as an Independent for Epsom and will make this an election issue.

 Update  see response from Judith Collins re justice

State capture—a form of grand corruption..alive and well in NZ

‘State capture’ obtains when a small number of firms (or such entities as the military) is able to shape the rules of the game to its advantage through massive illicit, and non-transparent provision of private benefits to officials and politicians. Examples of such behaviour include the ability to control legislative votes, to obtain favourable executive decrees and court decisions. A relatively new concept, the main proponents being World Bank researchers, it echoes that of ‘crony capitalism’ and covers cases where high-level corruption is pervasive.
Read more: http://www.answers.com/topic/state-capture#ixzz1E0fTEZHG

Fighting corruption in the capture economy

By recognizing the dynamics of state capture, we gain a much clearer understanding of the factors underlying the persistence of corruption in many transition countries. Although corruption has usually been seen as a symptom of weak state institutions, our analysis highlights the powerful forces that have a strong interest in fostering and maintaining these weak institutions.

Any reforms to improve the institutional framework, which might undermine these highly concentrated advantages, will be strongly opposed by captor firms that have the political influence to derail such reforms. Consequently, tackling the problem of state capture is a prerequisite for reforms to improve governance and strengthen the legal, judiciary, and regulatory environment. But once the capture economy has become entrenched, how can the country break out of the vicious circle?

How does it relate To New Zealand?

we need only look at the  workings of   the former  Waitakere City Council   and its relationship with the  Auckland film studios as an example of state capture .

Over the next few days I will be revealing the  inside story   for a  taster  visit How to invest using public funds

“Seize the state, seize the day”: state capture, corruption, and influence in transition

MAF gives Law enforcement powers to a Mythical creature

How to write legislation for your own business plan

How to get your litigation funded through the public purse

No evidence required to bring court action

It has  long been a concern of mine that  court action can be brought  by any one on anything.

If you have a larger wallet than the person you are taking on and wanting to beat them up  and totally destroy them  then the court is your arena.

Defamation claims are always good because they put the onus of truth on the other party   and then when you can ensure that their defence is struck out- you are on a home run.

I have been fighting this for four years and have met up through the course of events with Vince Siemer who has had a similar experience.

While we spend years arguing law, the facts are not put before the court. Lawyers who are skilled debaters can win any argument   especially when they do not have to produce the facts to back them up.

The police do not act on perjury complaints,  I have  had one with  them for  6 months now  for a matter I was involved in  and it has not progressed

Through my Fresh prepared Limited  case I can prove categorically that  the  courts are  abused .

Today I received some documents from  Vince , he has asked me to put them up  on the  transparency site and I have done so  in the interest of transparency.

http://www.trans.quantoaduro.com/wp-content/uploads/2010/06/sol-general-recall1.docx.

http://www.trans.quantoaduro.com/wp-content/uploads/2010/06/sc482009-16june2010-secondrecallminute.doc

http://www.trans.quantoaduro.com/wp-content/uploads/2010/06/2nd-recall-application.pdf