Tuesday, September 1, 2015

Henry Rongomau Bennett Centre - Lunatics running the asylum:

If the regional mental health facility, the Henry Rongomau Bennett Centre, wasn’t already a circus, it soon will be when ringmaster and Director of Mental Health, John Crawshaw send’s in the clowns for another token inspection to ascertain why this service is failing so miserably.

And what a dismal track record this outfit has.

In 2010 Christine Morris scaled the security fence and bludgeoned her neighbour, Diane White, to death. Coroner Peter Ryan recommended that the DHB erect a higher fence, Clinical Director of the Henry Bennet Centre, Rees Tapsell refused.

In 2013, it was reported that psychiatrist Paul Fox, who had been de-registered in the USA for sexual misconduct, and was the former clinician for the Sandy Hook Elementary School mass murderer Adam Lanza was employed by the DHB. Fox was de-registered in NZ by the Medical Council in February 2014.

In March 2015 Nicky Stevens, known to be suicidal, was allowed to leave the wards for an unsupervised cigarette break, despite the families’ pleas to keep him safe. Nicky’s body was recovered from the Waikato River three days later.

The following month two patients with a history of violence scaled the security fence and fled the city.

More recently it was discovered that a man gained employment with Waikato Mental Health Services posing as a psychiatrist. Mohamed Shakeel Siddiqui has been arrested and charged with obtaining a pecuniary advantage by deception.

It certainly is quite a pitiful rap sheet for a service designed to care for and protect a very vulnerable group within the community.

Should we really be surprised though? Are the lunatics in fact running the asylum? It seems so;
In addition to the dubious hiring practices highlighted by the examples above, one member of staff who understands forensic Mental Health treatment first hand is Peer Support Worker Trudi Tapsell, yes sister of Clinical Director Rees Tapsell.

She was once a special patient herself, detained under the Mental Health Act. Ms Tapsell, as a 26 year old, was found not guilty by reason of insanity of the brutal murder of her grandmother, whose decapitated body was found wrapped in plastic bags in a freezer, her head was found in a rubbish bag nearby. Ms Tapsell, with the help of her brother, has now moved on from being the patient to being the clinician, working with a very vulnerable group of people.

Clearly her current employers know her background (given it is a family affair), but considering she carries no conviction for the murder of her grandmother, because Not Guilty By Reason of Insanity is an acquittal of sorts, is it not appropriate that in the interests of transparency and trust, the patients she works with, and their families, know her background?

One would think so, although unfortunately this is not the case.

Friday, December 19, 2014

South End School - Community newsletter December 2014:

This is Mario Geremia, as featured in the Wairarapa Times-Age in this little feel good article - written by none other than school secretary Elaine Scully, who called a young Maori student a "lying little bitch" recently - and was forced to apologise for it.

Elaine Scully is also responsible for spreading the defamatory rumours about me which resulted in me receiving a letter from the Board of Trustees falsely alleging that I had "recently been charged by Police with an offence involving a child" in 2009.

I have never been charged with an offence involving a child in my life - as I told the Board of Trustees PRIOR TO EVEN RECEIVING THE LETTER, and I challenge anyone to prove otherwise.

After the intervention of Kelvyn Alp and the Office of the Ombudsmen I finally received an utterly pathetic excuse for an apology signed by none other than the person who is continuing to lie and spread untrue and defamatory rumours throughout the community about me, while writing to the 'news'paper on behalf of the School to trumpet the praises of her 'friend' - who is mates with a man recently accused by the Police of raping boys as young as six!

Funny that Elaine Scully's friend Mario Geremia, who replaced me and the other staff member who was unlawfully sacked in 2009, seems to be best mates with a man who Police actually HAVE charged - with raping little boys! These offences were apparently committed while Ball was working as a school bus driver - there is a pattern of sleazy men rising through the ranks in school administration and local government and paedophiles are aided and abetted by corrupt local Police officers who are complicit in the offending and actively covering up for the paedophiles while blaming and discrediting the victims.

Who is Mario Geremia, and why were two staff members at the South End School in Carterton sacked and replaced by a seedy photographer who has a strong association with accused child molester Godfrey Ball.  It seems that Mr Geremia is developing a nice little line in photographing local children, as the Carterton School newsletter of 4 November 2014 shows.
"Video of the Kapahaka Festival - The day was filmed by Mario Geremia and he will be selling copies of the DVD. He will be selling the DVDs individually for $25.00 and your school will be on one or the other (the powhiri will be on both), or you can purchase the whole day for $35.00.  Please contact Mario directly on mardi53@hotmail.com - or call him on (06) 378 8349."
And who is Godfrey Ball, alias Geoffrey Ball?

He is a local man who was charged with a number of violent sexual offences against boys as young as six years old.

He is believed to have committed suicide on 7th August 2014, around two months after he was charged, and after Police began actively seeking other victims.  The Deaths notice in the local 'news'paper confirms the friendship between Mario Geremia and Godfrey Ball alias Geoffrey Ball.

The fact that Mario Geremia is a photographer who likes to photograph little children is a matter of great concern to many people in the community, but it's apparently not of concern to the Ministry of Education, despite the fact that they have recently appointed a Statutory Manager after findings revealed that the Board of Trustees was incompetent.

The Statutory Manager is likewise unconcerned about any of it.  This is consistent with a pattern of concealing and covering up child abuse in the Wairarapa, involving corrupt local Police, Members of Parliament, District Councillors, and other so called 'community leaders'.  It would appear that the Statutory Manager, Ken Wilson, is being well 'incentivised' to ignore our concerns and further slander and victimise myself and the other victim of this outrageous bullying and corruption.  It seems that the longer Ken Wilson can cover up problems the more he is paid.  In a situation that bears remarkable similarities to this one, it is reported that:
"The bill for a government-appointed manager at a Levin high school is likely to top $12,000, pulled from the school's board of trustees coffers and away from student resources.

The Ministry of Education instigated a statutory intervention at Horowhenua College in June after issues between the board and principal, Brenda Burns, came to light.

Nearly six months later Wellington-based education contractor Ken Wilson is still on the grounds, working through things with staff and likely to remain there until mid-March next year, according to the board chairman.

The board called for help at the college when financial reports went askew after a computer system failed, causing six months' of data to disappear, and problems with governance and management escalated.

Concerns circled around lack of clarity between the board's roles and the principal's roles, blurring of responsibilities and communication breakdowns, causing tension."
The following email was sent to Mr Wilson on 1 March 2011:
---------- Forwarded message ----------
From: Katherine Raue
Date: 1 March 2011 17:37
Subject: South End School
To: ken.wilson@webresearch.co.nz, secretary@southend.school.nz

Hi Ken,

I understand that you are the Statutory Manager appointed to the South End School, and have been asked to write to you regarding issues around the management and administration of the school.

I was recently handed correspondence between the school and Wayne Rogers, regarding the termination of his employment at the school, which seems to mirror the way I was treated (attached).  I've also been contacted by a number of people who have also complained about the school, including the family of a young girl who was called a "lying little bitch" - as in "You're nothing but a lying little bitch" by Mrs Scully, who is also responsible for this confidential correspondence ending up in my hands and the hands of a number of other people.  Many people said that Mrs Scully, Mr O'Leary, Ms Powell and other staff and members of the Board of Trustees have been spreading rumours throughout the community that I am a child abuser, and that Wayne Rogers is also a paedophile.

I received a letter from the Board of Trustees which is attached.  Also attached is a note of thanks I received at the end of the year (2008).  The last paragraph of the letter to me, and the thank you note, make a mockery of the school's current position on the matter, and of the Court proceedings brought against me by Rod O'Leary and the former groundsman Thomas Smith.

I've also received copies of correspondence between the school and the Armstrong family about me, which frankly disgust me because they contain nasty and untrue accusations.  Furthermore, Board of Trustees member Emily Brown came to the Armstrong's home and made a number of derogatory statements about me and about how Emily had contacted Police and mental health authorities about me after I politely requested that she arrange a meeting between and the Board about this correspondence I had received containing the untrue allegation that I was a danger to the children.  Emily Brown is an adulterous liar, who has acknowledged (and boasted about) the fact that she was having it off with George Smith while still married to and living with her husband Graham.  Emily's mother and brother committed suicide, and it disgusts many people in the community that she is going around to homes like the Armstrongs, spreading her nasty spiteful UNTRUE rumours, and causing hatred and division in the community.  She claimed to be representing the Board on this visit, which disgusted us even more.  She should resign from the Board immediately, her adultery and lies disgusts decent people in the community. 

I request the immediate return of everything I brought to the school, including the large sign, tools, hoses, plants, etc.

I request that the school write immediately to Wayne Rogers and apologise to him for distributing his correspondence and breaching his privacy.  He deserves the job as groundsman for all his voluntary work for the school!  The way the Board treats volunteers is disgraceful!

I request that you inform me immediately:
(1) specifically what information (referred to in the correspondence) the school received about me that led them to believe I was (or "could have been") a danger to the children, and
(2) from whom specifically the Board (or O'Leary) received this information.

The correspondence to the Armstrongs is outrageous, the two letters to them clearly contain allegations that I am a danger to the kids, O'Leary knows perfectly well that I never told him any such thing, and that there was no meeting until AFTER I received the letter sacking me, ex Deputy Principal Dallas Powell knows this too. They know perfectly well that the local corrupt police officer told him the lies about me being charged, not me, as he is not dishonestly inferring!  The visit to the Armstrong's by Emily Brown was equally outrageous and she should resign immediately because of that alone - how dare she go around the community breaching my privacy and spreading lies like this!!!?  How unprofessional!  I requested a meeting with the Board!

I request an immediate meeting with the Board to discuss the letter which I received from Gavin Kennedy.  The last paragraph promises me my job back if I am "acquitted of the charges withdrawn" - there never were any charges as everyone knows, and I want my job back without further delay.

I understand you were appointed on 1 October 2010.  How is it then that Wayne Rogers was hired and fired by Rod O'Leary and the Board?

I look forward to your urgent response.

Katherine Raue

This is the outrageous response I received:


Hi Ken

We have had the attached email in from Kate.

I spoke with Emily yesterday to try and ascertain how she got the attached letters.  Emily is sure she has stolen them from her letterbox.  Unfortunately for us, Emily has admitted that she often doesn’t clear her letterbox (which is on the main street) for days at a time.

I have not responsible for this info getting into Kate’s hands as she states.  I phone Emily or leave a message on her answerphone every time I drop mail into her letterbox.  The only other way I give her board info is to hand it to her son Zac and ask him to take it home (this is usually non important info).

We have phoned the Police and asked them to come down to track this for us.

Any advice?  Do you want me to inform all the board members about what is happening?  Ray was in the office this morning so I have informed him.


On the 9th August 2012 I sent this email to Hiria Parata - nepotism is alive and well at parliament, despite all the tax payer funded flowery propaganda published by the State Services Commission MP's flagrantly hire the most incompetent and corrupt individuals imaginable. as the featured article at that link shows.   Parliamentary Services has a stable of these at the ready and are always keen to add more members to the firm.  Complaints are treated with contempt.  So called 'good news' is generated by well paid journalists who then

Hiria Parata is related to Hekia Parata and employed at parliament to pervert the course of justice.  Initial correspondence regarding this matter resulted in an email from Hiria Parata telling me to seek resolution through the Board of Trustees - who have consistently refused to engage in discussion or dialogue regarding this matter.
Tena koe Hiria Parata,

I am forwarding the response I received when I requested the contact details for the Statutory Manager at the South End School so that I could communicate with him in order to resolve the outrageous and ongoing matters regarding the letter I received from the Board sacking me over a false allegation and the subsequent exacerbation of the problems when another staff member was also unjustifiably dismissed and his privacy breached in a similar - and and equally slanderous- manner.

I was phoned about an hour ago by Diane Drake.  She refused to give me an email address for the Statutory Manager and said she'd resolve it by a phone call to police.  I said I'd like to see the evidence in writing and I'd like to put my statements to the school, police etc, in writing and have them responded to in writing.

Please provide me with contact details (email address and phone number) for the Statutory Manager without delay, and arrange for an urgent meeting with the Board, preferably recorded by audio or video to avoid any more false allegations.  This matter should have been resolved a long time ago, the Board must honour the letter and reinstate me forthwith, and stop the dishonesty about the property, it was never 'returned', witnesses confirm this.

I am forwarding copies of this email to other parties including the media because it is in the public interest to do so, the Ministry has continues to fail to deal with it and the latest threats from Ray Craig and assault by Emily Brown's partner is the last straw - is Brown still on the Board?  I request an immediate apology for the slanderous allegation contained in this email!  There never were any "charges involving a child' or any evidence of any "incident" apart from a well documented violent attack on me in my home by a criminal who has been found guilty of fraud and lying as well as violent offences against children, the evidence directly contradicts the false allegations, and the Board must honour this letter and reinstate me without delay and sort out this disgraceful situation!

Katherine Raue
Eventually I received a bit more nonsense from the Minister and her Ministry staff, who clearly had an agenda along the lines of delay, deny and defer, and continue to pervert the course of justice and aid and abet lying bullies as long as possible while enabling the guilty parties to retain their snouts in the trough and their access to vulnerable and innocent victims.

27 Feb 2014
to kateraue@gmail.com
Please find attached.
Best wishes

Enquiries National Team | Ministry of Education |MW
45-47 Pipitea St, Wellington, New Zealand Email enquiries.national@minedu.govt.nz

Note that messages sent to several Ministry email addresses are responded to by this mailbox"


Despite the Personnel and Employment Policy stating that "an elected or co-opted member of the Board of Trustees will be given the position of Personnel Officer and will oversee and monitor the Board's responsibilities associated with this policy" it is clear by a screenshot of the school's appallingly inadequate website as at 19 December 2014 showing that this has never been the case.

There seem to be only the two Policies, and these were only introduced during the tenure of the aforementioned Statutory Manager, and are clearly not worth the paper they're written on.

After the involvement of Kelvyn Alp who wrote to the Ombudsmen pointing out that the previous documented correspondence from the Board and the Ministry (the Privacy Commissioner etc, and all involved except me basically) is nothing more than an orchestrated litany of lies and a despicable and blatant attempt to pervert the course of justice,the Ombudsmen reopened the investigation and eventually I received the following information:

This is outrageous - the Minster of Education, Anne Tolley, clearly stated in 2010 that "the Board of Trustees of the South End school in Carterton was your legal employer." - and as for the claims of Elaine Scully in the email above - these are blatant lies!  I WAS employed - to teach the children the Let's Get Growing NZ community gardening program, every Friday afternoon and Elaine Scully knows that perfectly well, like Wayne Rogers, the other staff member unfairly maligned and unlawfully sacked, I was employed, and promised that I would be paid eventually, "as soon as the Board applied for the funding"!

No information has ever been provided regarding the source of the allegations made in the original letter and neither has any answer been given to most of the other substantive matters raised regarding the sacking of me and the former groundsman Mr R, or the relationship between the new groundsman and the person charged with raping so many children.  The fact that the school has refused to provide the information to date is certainly a matter the Minister should be dealing with effectively!

Here's how it works - corrupt and incompetent local Police hold little witch hunting sessions and lie to the community in order to facilitate the rise to power of people like Logan Bathurst and Georgina Beyer - known locally as Beyer the Liar.  Then they boast in the local paper in a twisted attempt to rationalise and excuse it:

More on how it works at this link, including letters from senior lawyers upholding my complaints and making further complaints of serious malfeasance, assault, corruption and perverting the course of justice.  While the Privacy Commissioner lied and falsely claimed that I told the school I'd been charged with an offence involving a child, the information provided recently shows that I was right all along - and NOT delusional in the slightest - whoever believed I'd been charged by Police with an offence involving a child was either delusional or corrupt and as the tax payer pays their wages we'd better find out which!

It has been claimed by senior lawyers that the actions of the NZ Police regarding these matters are corrupt and politically motivated, and the evidence of it is indisputable.

Tuesday, November 25, 2014

Prime Minister's staff wag Cameron Slater's tale:

Here is the redacted copy of the report by Cheryl Gwyn into the involvement of the Prime Minister's staff in the release of information about Israeli spies to Cameron Slater as pressure mounts for the Prime Minister to resign.

Friday, July 18, 2014

What happened to George Tipene Harris - taxpayer funded Police corruption and manslaughter.

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 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.

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).

Tuesday, December 24, 2013

Joanne Ufer's open letter regarding workplace safety:


Joshua Ufer's mum has worked tirelessly to make working conditions safer for all in the mining industry, in Australia, New Zealand and around the world, following the death of her only son Joshua, aaged just 25 years old when he was killed in the Pike River mine explosions, after a litany of criminal negligence and failure by the corporations running the mine and the government agencies who should have ensured that the mine was shut down long before the day it exploded, killing Joshua and twenty eight other working men, family men, dearly loved men.

Joanne Ufer has written the following open letter to the Australian mining industry - it should be mandatory reading in a range of New Zealand industries and framed and hung on the wall in every smoko room and workplace, and every office of what used to be called the Department of Labour (now known as the MoBIE dicks) - particularly our forestry industry.  Joanne's approach is a holistic one, and while it's not heavy on sentiment, focusing on constructive action, this letter touches deep into the heart of any parent, any wife or partner, any mother, grandmother, and any bereaved child, it's profoundly moving, and deserves to be published far and wide in my humble opinion, and re-read often.

To all in the Australian mining industry,

It has been with a heavy heart that I have watched the news over the past two weeks. Four fatalities in the industry in nine days, Western Australia, New South Wales, with the most recent the two fatalities at Mt Lyell in Tasmania on Monday. 

This brings the total fatalities in Australia’s mining sector to six in 2013.

Firstly may I say that my thoughts and condolences go out to all the families, friends and colleagues affected by these tragic and what would appear to be totally avoidable deaths. 

I know all too well the feeling of hopelessness, despair and grief associated with losing a loved one in a mining accident. I have been there and I am deeply saddened that it still appears that the lessons of the past, the lessons given by all those who have given the ultimate sacrifice are not being taken note of.

My son died in an underground coal mine disaster but the environment doesn’t really matter.
In any sector of the mining industry, coal or metalliferous, underground or open cut - it is a risky business.

Many of us get up, go to work, do our day’s toil and go home with little thought to the enormity of that risk.

I myself did not for one minute ever think that there was the chance that my son would go to work one day and that would be it, I would never speak to him, or see him or hold him ever again but that is the reality for me and for all those who have suffered the same loss, parents, partners, children and friends.

While this time of year brings with it much joy, it is also a time that brings added stresses to many.
Allocating time to spend with all the family, spending too much money, not having enough money, going on holidays, not getting holidays approved, the fatigue that comes with the additional socialising inherent with the festive season.

For the companies, it means pressure to reach end of year targets, ensuring staffing levels are adequate when employees may be throwing the odd sickie.  I have worked in the industry myself and witnessed first-hand the pressures that are felt from all sides.

A lot of people may say: ‘it won’t ever happen to me’. But do you know what?

It can and does happen to ordinary people.  My son said not long before his death that he would be around forever and sadly that was not so. I am now looking at spending my third Christmas without him being a part of it, and it does not get any easier.

My little grand-daughter never got to spend one Christmas with her Daddy, she was born six months after he died.

Can you imagine never seeing the joy on your children’s faces on Christmas morning?

As a parent can you imagine never seeing your child’s face ever again, it is still something even after three years I find hard to comprehend.

So I plead with you all please, please remain vigilant.

Look out for the signs that things may not be all right.

Watch yourself and have your mate’s back.

Don’t be afraid to say something if you feel your safety is being compromised. 

Remember too that safety doesn’t begin the moment you clock on.

As soon as you step foot out of your home, or your camp, it begins.

Don’t become another statistic.

Don’t let your family face Christmas and New Year without you.

Stay safe over the festive season and always.

Kind regards,
Joanne Ufer
 This is the ladder that the corporate Scrooges deemed adequate for Joshua and his workmates to escape from the mine in an emergency - workmates like Joseph Dunbar - killed on his first day of work, aged just seventeen years and one day - this ladder was NOT fit for the purpose and management KNEW that and so did the Department of Labour and the union!  Indisputable evidence was given at the commission of inquiry that the ladder was NOT fit for the purpose!

There is more information at these links about the Pike River mine, including a link to the Trust fund set up for the families of the miners, to provide for their children.  Please spare a thought for these families, now facing their third Christmas without their loved ones, their sons, brothers, husbands, fathers and friends, used as a pawn by this government, the innocent victims of corporate greed and systemic government failure, incompetence and corruption.

Friday, October 11, 2013

Democracy in NZ - by Lewis Verduyn

Standing Up For Democracy in NZ – YOU Hold The Key

by Lewis Verduyn - October 11, 2013
We are all born equal, and sovereignty resides in the People, whose power is the source of law. But if you don't know the basic rules of the game, you will be incapable of defending your rights and freedoms, while your Public Servants will become your government masters.

People create governments to serve, not rule. Our representatives are elected into office, not power. So when our government repeatedly defies the will of the People, rolls back democratic processes, avoids debate by acting under urgency, and passes legislation that violates our Bill of Rights, it's time to examine our “democracy”.

The John Key government has dismissed widespread opposition to asset sales, the secret TPP talks, the planned cuts to RMA protections, and the controversial GCSB spying act which rejects the democratic precept that natural rights cannot be overridden without demonstrable cause. Ministers have ignored and demeaned the Law Society, the Human Rights Commission, and the Privacy Commissioner. Even more concerning is the apparent suppression of critical resource consent information in favour of vested interests.

So is our Kiwi democracy being steadily eroded by those who would take advantage of their positions of trust, and what are the fundamental principles that underpin our rights and freedoms? What exactly is a democratic government?

Some basic principles of democratic governance:
• All people are created equal, with inalienable rights and freedoms.
• Sovereignty resides in the People, whose power is the source of Law.
• Private people institute public governments to serve them with Public Servants.
• Officer holders of governments are accountable to their employers, the People.
• The State cannot grant any privilege that is not already a sovereign right.
• A government that ignores the inherent right of consent is not democratic.
• Rights carry duties, starting with the eternal vigilance needed to protect them.

The right to self-determination is an imperative principle of democratic governance and national sovereignty. But it is easier to describe the inherent rights and freedoms of the People than it is to design and protect a democratic society.

In any governing arrangement it is essential to define the roles of those involved to clearly establish duties and responsibilities.

A democratic government is a Public Trust:
• A freely-elected government is a Public Trust instituted by private sovereign people, together called “the State”.
• Government officers are Trustees called “Public Servants”. All Public Servants have a Fiduciary duty to serve the best interests of the Beneficiaries, called “the People”.
• As grantors and underwriters, the People are burdened with the ultimate responsibility for their Public Trust.

The People delegate limited powers to their Trustees, giving them authority to act on their behalf in the role of Public Servants. These Public Servants perform their management duties subject to their jurisdictional authority.

Public Servants often presume that they have authority over you, which is not always true, such is their conditioning, and ours.

Jurisdiction follows a natural hierarchy. The order of jurisdiction is logical:

Nature/God > Man/Woman > State/Government > Corporation/Person

Men and women live in the jurisdiction of the Common Law, which is de jure “in law”.

The jurisdiction of the State is de jure Common Law.

New Zealand's system of government is a de jure constitutional monarchy. Every office holder including the Head of State, the Queen – who governs “in the right of” the People, swears an oath to serve “according to law”, which is de jure Common Law. Therefore, the highest recourse is to the People directly, not their government, hence the constitutional importance of Trial by Jury.

The People's Common Law power of justice is “Judicial”, while the government's delegated power of management is “Executive”, and exercised as “Legislative”.

From the beginning, the People knew that the democratic State would be destroyed if the power they vested in the Judiciary was ever corrupted by self-serving interests through the Legislature, for in this way the People's access to the Common Law could be restricted, and their democratic rights and freedoms could be eroded, quietly reducing them to a life of servitude. As a precaution against corruption, the People have separated the powers and functions of the State.

The three branches of “democratic” government:
• Legislature: Enacts statutes to regulate legal entities in society, prescribing “terms and conditions” which depend for their effect upon the consent of the governed. Statutes franchise benefits and privileges in exchange for freedoms and rights, as services that should promote order, welfare and equality.
• Executive: The Cabinet with Departments. They are the managers of the government answerable to their employers, the private sovereign People, who will either support their Executive by giving consent, or will oppose their Executive by withdrawing consent, which can be done at any time, not only during a government election, because democracy is not a three-yearly event.
• Judiciary: The People's Courts, for the preservation of the State and Justice. Lower courts apply “the statutes” to the legal entities created and approved by the government according to prescribed legislation. Higher courts, with Juries, decide “the Law” according to evidence and precedents in the Common Law.

Notably, over time, “administrative courts” have arisen in commerce presided over by “commercial list” judges.

The Law and Statutes (Statutes are not “Laws”!)

We hear almost every day that the government is “passing a law”, which strictly speaking is not true, because governments enact statutes, not laws. Statutes are not called laws for the simple reason that they are different in origin and effect. In practice, statutes only have the “colour of law”, not the “power of law”. The use of the word “law” in respect of statutes, without clarification, is misleading.

Statutes are Acts, Bills, and Legislative Instruments:
• 'Act, civil law, contracts. A writing which states in a legal form that a thing has been said, done, or agreed.' – Bouvier’s Law Dictionary, 1856
• 'Bill, legislation. An instrument drawn or presented by a member or committee to a legislative body for its approbation and enactment.' – Bouvier’s Law Dictionary, 1856
• 'Instrument, contracts. The writing which contains some agreement, and is so called because it has been prepared as a memorial of what has taken place or been agreed upon. The agreement and the instrument in which it is contained are very different things, the latter being only evidence of the existence of the former. The instrument or form of the contract may be valid, but the contract itself may be void on account of fraud.' – Bouvier’s Law Dictionary, 1856

All statutes are legislation prescribing “legal” instruments, which are contracts. The origin of all legal jurisdiction over you is your given consent.

The foundation of democracy is the consent of the governed.

If you accept that we are all created equal, and presumed innocent, then how can anyone have authority over you without your consent? It's not possible.

Statutes, by right, require consent. The New Zealand Police website correctly says: “It's important for us to know what people think of our service - in New Zealand we police by consent and cannot afford to lose the support of the people we serve.”

You can never be forced to give your consent, because that would be “under duress” which is not genuine consent. Your right to contract, or not to contract, is unlimited. The State cannot remove a right without due process of law, including notice and opportunity to defend. Otherwise, you retain the right to say: “I do not consent”.

Implicit in the right of consent is the right to withdraw consent. Indeed, the People have a duty to do so in order to defend their rights and freedoms, because only the People can redress the corruption of their democratic government. These people may waive societal benefits. But when the imposition of liabilities outweighs the benefits, such a waiver may be justifiable. The choice must be theirs to make.

The de jure jurisdiction is the last line of defence. It divides living men and women from the inferior “legal fiction” government.

Governments create and control legal fictions.

The government is but an agency created by the sovereign People, which therefore cannot rise above its creators. It is brought into our consciousness from nothing. It has no life or will of its own. It is something created and perpetuated in the minds of the participants – it is a “legal fiction”.

A government, as an artificial construct, can create more artificial legal fictions such as corporations or “legal personalities”, over which it has control.

You are born into your own sovereign jurisdiction, as a living entity with inalienable rights and responsibilities. This is your “private capacity”. The government later creates a second legal entity on the Birth Certificate, providing you with a “public capacity”. Since the government controls what it creates, anyone who “acts” in a “public capacity” as a “legal personality” is giving their consent to the government.

Public Servants routinely make the presumption that we are all “in the public”, which is why retaining your rights “in the private” is difficult. To achieve “lawful standing”, as a living man or woman, it is necessary to “rebut the presumption” that you are acting in “joinder”.

Since jurisdiction equates to power, and power equates to money, it is not surprising that a mysterious language has evolved for all legal and lawful matters, called “legalese”. Inevitably, the most important knowledge is obscured and manipulated by those who would subvert the de jure State for their own purposes.

Any court without a jury is an “administrative court”.

Importantly, any court without a jury is an administrative court, without the Common Law authority of the sovereign People. Administrative courts require the free and genuine consent of living men and women, and otherwise have no jurisdiction.

'The law is absolutely clear on this subject. There is NO authority for administrative courts in this country, and no Act can be passed to legitimise them.' - Halsbury's Law 2011

Administrative courts operate with a subordinate de facto “in practice” jurisdiction for the quasi-administration of statutes.

The de facto jurisdiction is Admiralty Maritime, also called the “law of the sea”. It is essentially for settling commercial disputes among publicly registered corporations, including people who consent to “act” as “legal personalities”.

The de jure jurisdiction is Common Law, also called the “law of the land”. It is for the provision of justice among living men and women, whereby decisions of law are made by living men and women on juries, who are not “actors”.

“You get the democracy you are prepared to stand up for.” - John Key, 2007.

We the People are responsible for the failures of our government. Every power exercised by our government is delegated from us.

As a culture, we have become increasingly dependent on the government, and wary of its inflated power. We have been deceived by the corporate media, psychologically conditioned to be subservient, and trained to be material consumers and debtors even if we destroy ourselves and our planet while enriching a parasitic hegemony.

We have forgotten that our Public Servants are indeed our “servants”.

Democracy, by definition, requires the active participation and oversight of the People. If we are not prepared to “stand up” for what we believe in, our lack of rebuke allows corruption to take hold, eroding our democratic rights and freedoms.

However, the People should remember that the “legal personality” has no arms and legs – it has no “standing”. It cannot “stand up”. It is a servant of the State.

People commonly surrender their inherent democratic rights whenever they do not expressly reserve their rights in everyday legal matters, in documents and verbally.

Your consent is your signature. Your consent is your silence. YOU hold the key ...

[IMPORTANT: This article reflects the considered opinions of the author, a jurisprudence researcher, and should not be construed as legal advice. By: Lewis: Verduyn, All Rights Reserved, Without Prejudice, UCC 1-308]


The Law    Statutes
PEOPLE make The Law
by the acceptance/validation of Jury verdicts    PARLIAMENT makes Statutes
by the en-Act-ments of Legislation
“The Law” is the People's “Common Law”,
unlike Statutory “Colour of Law”    “Statutes” are “Legislative Instruments”,
unlike the “Common Law”
Laws are moral CUSTOMS made effective
by the CONSCIENCE of the People    Statutes are offered CONTRACTS made effective by the CONSENT of the Governed
'LAW. As a compound adjective “common-law” is understood as contrasted with or opposed to “statutory.” ' [Black's Law Dictionary, 2nd Edition]    'STATUTE. The written will of the legislature...; This word is used in contradistinction to the common law.' [Bouvier's Law Dictionary, 1856]
from harm, loss, and deceit    STATUTES GOVERN LEGAL ENTITIES
as a franchise benefit to the State
in the eyes of The Law    We are NOT ALL EQUAL
in the books of Statutes
Laws are based on PRINCIPLES    Statutes are based on PRACTICALITIES
Laws evolve over TIME and often endure    Statutes can QUICKLY come and go
A Jury of People can overturn a Statute    The Legislature cannot overturn Case Law
Laws can be taken into Statutes
but if repealed in Statute they remain in Law    Statutes can serve The Law
but cannot diminish or expand The Law
De jure “in law”    De facto “in practice”
The People's Common Law
“Law of the Land”    Admiralty Maritime Commercial
“Law of the Sea”

Inalienable Rights
Inalienable Rights are the Inherent, Sovereign, Natural Rights that existed before the creation of the State, and which, being antecedent to and above the State, can never be taken away, diminished, altered, or levied by the State, except by Due Process of Law. Nor can any Inalienable Right be fundamentally removed or waived by contract, whether by non-disclosure, which is fraud and unenforceable in Law, or knowingly by sufferance, which is contrary to the Spirit of the Law and prejudicial to Sovereignty.

The Original, Permanent, Inalienable Rights of every Man or Woman, include:
The Right to Life, Freedom, Health and the Pursuit of Happiness
The Right to Contract, or Not to Contract, which is Unlimited
The Right to Earn a Living Income by being Compensated with Wages or a Salary in a Fair Exchange for one's Work
The Right to Travel in the Ordinary Course of one's Life and Business
The Right to Privacy and Confidentiality, free from Unwarranted Invasion
The Right to Own, and Hold Property, lawfully without Trespass
The Right to Self-Defence when threatened with Harm, Loss, or Deceit
The Right to Due Process of Law, with Notice and Opportunity to Defend
The Right to be Presumed Innocent, suffering No Detention or Arrest, No Search or Seizure, without Reasonable Cause
The Right to Remain Silent when accused, to avoid Self-Incrimination
The Right to Equality in the eyes of the Law, and to Equal Representation
The Right to Trial by Jury, being an Impartial Panel of one's Peers
The Right to Appeal in Law against Conviction or Sentence, or both
The Right to Expose Knowledge necessary to one's Rights and Freedoms
The Right to Peaceful Association, Assembly, Expression, and Protest
The Right to Practice a Religion, and to have Beliefs, of one's choosing
The Right to Love, and to Consensual Marriage with Children, as a Family
The Right to Security from Abuse, Persecution, Tyranny, and War
The Right to Refuse to Kill under command, by reason of Conscience
The Right to Live in Peace and be left alone when Law-Abiding

Surely, the most critical failure of The People is their failure to ensure the teaching and common knowledge of their Inalienable Rights. If you do not know your Rights, you effectively have none. By the path of Ignorance, whether by Apathy or Deception, The People arrive in a State of Exploitation, Oppression, and Tyranny.

Friday, October 4, 2013

Independent report damns EQC as they gang up with Her Majesty's Solicitor General and the Clown Law Orifice to persecute whistleblower:

Marc Krieger cast transparency over the 'work' of the Earthquake Commission (EQC), and provided an independent report into their activities , and was recently served with an application by Her Majesty's Solicitor General in respect of alleged contempt of Court for his efforts.  The application is astounding - and deeply concerning if it indicates the calibre of the writers and the focus of their efforts.

Wellington consultancy Martin Jenkins (MJ) and Associates and insurance expert Derek Scott were asked to conduct an independent review of EQC’s response to the Canterbury earthquakes.
They have reported that the Earthquake Commission planned poorly for a major catastrophe and therefore lacked the leadership and systems needed to cope with the Canterbury earthquakes.

The consultants interviewed 75 EQC staff and contractors late in 2011 and early 2012 and found:
  • Only three of the theoretical list of 20 executive support people for EQC were available on September 4, 2010, the date of the first major earthquake.
  • It took a year for EQC to appoint a general manager with the management capabilities to deal with a large scale disaster effort. 
  • EQC’s poor response was determined by its pre-earthquake family culture – “nothing will happen until I retire.”
  • People were tossed into the field which worked well where individuals were highly experienced and capable … But there were many cases “where initially we had no idea what we were doing.”
  • iPads using Comet software were introduced with minimal cost benefit analysis and proved incompatible with EQC’s IBM claims software (ClaimCenter). The iPad application could deal with only one assessment per property and was therefore unsuitable for multiple events.
  • Despite EQC having invested in a web-based, field orientated software system, it initially used paper data recording in the field.
  •  Input staff did not fully understand ClaimCenter and by November 2011, ClaimCenter had 112,000 entries against which no activity had been entered. There was also a discrepancy of 40,000 building exposures between ClaimCenter data and Canterbury-sourced data.
  •  Apportionment of damage between events was “largely subjective” despite best efforts.

EQC had a permanent staff of 22 and outsourced all core functions – call centres for claims lodgement, claims administration and processing (to Brisbane) and field operations.

“In the absence of overarching direction individual solutions were created on the spot with negative downstream consequences,” the report said.

It also criticised EQC for its lack of expertise on its systems capability. The expertise “needed to be at hand to constantly advise the management of realistic possibilities”.

“Without adequate reflection new challenges were often met with more resources or new teams rather than working smarter eg experienced staff claimed better use of the ClaimCenter system could have saved 100 staff.”
What happened was that a group of greedy public servants saw an opportunity to create a lot of overpaid jobs for their mates and because of a total lack of accountability in NZ at present regarding the public sector, they got away with it, to the cost of all NZ taxpayers, and the people of Christchurch and Seddon in particular.

EQC’s lack of planning and project management skills meant suppliers took advantage charging premium rates, the MJ report said. Hourly rates were set which were more costly than fixed-term contracts and the report gave the example of Datacom charging a scanning cost of $6 per page.

The Scott report said EQC found it difficult to maintain standards as leaders at its various field offices and imported assessors were inconsistent and the pods were all managed differently.

“The training function experienced difficulties in responding to continual changes in form and work processes made by individual field offices, whilst the Canterbury Events office frequently changed the names and functions of teams.”

Further thought also needed to be given to better prescribing jobs to the provider agencies.

“… A number of assessors provided by Verifact (Brisbane-based firm that supplied 210 Australian assessors) were either physically unsuitable for the job or lacked the necessary skills including those of basic numeracy. Many assessors and estimators appear to lack knowledge of EQC cover, the 1993 Act, building code or repair strategies even after induction and training,” the Scott report noted.

Unrest occurred when inexperienced and untrained staff were paid the same rates as personnel previously contracted to EQC.

Effective performance management did not appear to be part of EQC culture, Scott said, with the focus on quantity rather than quality.  Judge Noble said "I'm left with the uneasy impression that the understanding of accountability is blurred" regarding Crown accountability.

The NZ High Court sits on shaky ground records the application of Her Majesty's Solicitor General and the Clown Law Orifice, and Mr Krieger's response, and other reports show that lawyers and Judges are fiddling with themselves while New Zealand democracy and human rights go up in a puff of smoke and flames.

Corrupt Police prosecutors like Garry Wilson and Gregory Peters regularly conspire with Wilson's partner, Masterton Court registrar Liz Harpleton, and other Police, lawyers and Court staff, etc, to pervert the course of justice in the Masterton Court - they are incompetent and corrupt in the extreme. 
Complaints are routinely fobbed off and ignored, and the social and economic costs mount up - a dysfunctional legal system masquerading as a 'justice system' - used as a trough for pigs like Bryan Yeoman and the above mentioned police officers, ex police officers, lawyers, etc, and some of the highest rates of suicide in the world.