Tag Archives: ACC

Request Christopher Finlayson to allow prosecution for torture by ACC

 


From: JR
Sent: Wednesday, 8 March 2017 9:34 p.m.
To: c.finlayson@parliament.govt.nz
Subject: Request of Attorney-General to allow prosecution under Crimes of Torture Act 1988

Dear Mr Finlayson,

I have been advised in order to take a case of torture against ACC I am forced to get your agreement under law.

This is a formal request to allow me to take a private prosecution against ACC on the basis they have tortured me for the past 15 years by refusing to provide the PROFESSIONAL treatment care and rehabilitation I am entitled to under the IPRCA.  That in 2009 after 7 1/2 years of requesting these services I did begin to get a professional multi-disciplinary rehabilitation team of people and professional plan that was supposed to last 2 1/2 years but was illegally stopped after six months against the advice of all medical professionals and others involved in my care.

That although I have won two ACC reviews to have this care reinstated, ACC continue to tell me at regular intervals care is going to be reinstated then refuse to do it, which is extreme torture and makes me highly suicidal and unwell.  They also refuse to accept they have significantly harmed me as a consequence of their actions.  They violate government  disability directives, along with Human Rights and Bill of Rights acts by refusing to accommodate communication and other impairments I have related to my worsening stress disorder which prevents me from accessing any services or receiving other monetary entitlements, even when my disorder is life-threatening.

ACC do not use professional rehabilitation models and are therefore experimenting on me – it is illegal under Human Rights and Bill of Rights to experiment on people and I have complained about this multiple times.  I have been unable to get a civil legal aid lawyer in New Zealand, according to multiple lawyers there is nobody that does this type of law now – even though I know the Magna Carta ensures I do receive access to right and justice and the government is not allowed to destroy me – which they have.

I am currently under ACC for the sensitive claim, but receive no services, I have received limited and intermittent counselling since 2009 but no professional rehabilitation that resembles reinstatement of the care I had in 2009.   I have attempted multiple times to organise communication options with ACC but they refuse.  Currently they are refusing to allow me access to counsellor Jenny Kirby who I have asked to be a mediator in my case with ACC as I have been told by multiple advocates I need a lawyer and I cannot get a lawyer as I become highly suicidal having to recount my situation over and over again when the majority of lawyers are too busy to represent me.

I have made continual complaints to ACC which are ignored, I have the support of Dr Alan Doris psychiatrist, Jenny Kirby Counsellor, and Occupational Therapist Glenda van der ven Long.  Currently ACC are prosecuting me for Misuse of a Telephone for phoning them screaming for help when I was very unwell, begging them to reinstate my care as they continually say they will but then refuse.

This is extremely urgent and important as I desperately need to heal from my mental injury so I can return to work and be in a safe and stable home, with hope for the future.

​Can you please advise that you have received this email and when you will be responding to it.

Sincerely

JR

***********************************************************

I honestly believe he will ignore my request as I know how deeply corrupt/immoral/uncivilised he is and the extent of his radicalised neo-liberal terrorist beliefs that advance rich, disadvantage middle class and persecute people who cannot work at 100% productivity.

 

Anne Tolley MP – Either Corrupt or Seriously Deluded Regarding Abuse Victims

My response to Anne Tolley’s garbage about looking after people who were abused in state care – or anybody who suffered childhood abuse for that matter.

From: JR
Sent: Wednesday, 30 November 2016 9:16 a.m.
To: anne.tolley@parliament.govt.nz
Subject: You are either corrupt or seriously deluded

Your comments about abuse victims in state care – in fact ANY ABUSE VICTIMS – is absolute garbage.  I have been involved in this field for 15 years, all of that time screaming for the professional treatment care and rehabilitation I am entitled to from ACC and being mostly refused (or having it provided then illegally removed).  If I can’t get care I am entitled then no child is every going to.

I talk to dozens of people who say exactly the same as me that the system is corrupt, abusive and psychological torture – it is those of us who do not have well functioning families that are the ones who suffer the most.  You are seriously deluded, your government and neo-liberal obsessed radical terrorist friends know the damage they have caused by not providing what mentally injured abuse victims are entitled to under ACC, health, disability, criminal, imperial, human rights and bill of rights laws.

I have six people I know right now who are all suicidal and suffering, all abuse victims 3 women and 3 men.

You disgust me, watched you in the house yesterday, you’ve seen my chalking around Parliament, I’m sure you have seen all my complaints of harm by ACC and others.  I still don’t have a safe house to live in, still petrified my latest flatmate going to hang himself, he barely speaks, there’s something wrong with him – he didn’t like it I asked him to get rid of his dog who kept pooing inside.  I don’t want to live with mentally ill people, I don’t want to live with suicidal people, I don’t want to live with dangerous people who rip me off – even when they are supposed to be under care of NGO!

Why won’t you meet with me, I’ve asked you before – 1 hour and I’ll tell you how bad it is in Carterton.  But then Wairarapa is particularly bad because neo-liberals, mostly National Party, sold off all the state housing in order to gentrify this region – so your rich voter mates have somewhere safe to live.  There will never be anywhere safe while you allow the persecution of so many disabled mentally injured and ill people – you drive these people mad, they used to have state homes to go to, but you stopped all that.  You do realise intelligent people knew why safe stable housing was needed don’t you.  You are seriously disturbed, just like all the other neo-liberal extremist governments around the world who have spent past 30 years advancing rich business people, disadvantaging middle class and persecuting poor.  Driving decent jobs overseas to poor countries with few human rights, violating human rights of disabled people in New Zealand, denying disabled people like myself the necessities of life and leaving me to be harmed and further traumatised – to be marginalised and ostracised because of the situation I am in.

You are a liar, you are ignorant and you refuse to accept what your cruel immoral corrupt government are doing to an entire sector of society.  From my extensive study and research people with histories of abuse seem to be those who are being treated like human sewage – those who become violent particularly (which is an impairment related to their disability according to world experts).  These are the people ending up in jail, harming those around them, addicts and committing suicide.  Of course you love those who harm others and end up in jail, its the ones like me who self-harm and suffer for years rotting on welfare that you despise the most.  What you force police to do to people like me is seriously disturbed, check out my website for what’s happening there.  One day I’m going to get you sickos into a court room – no matter if you leave parliament, what you have done is a crime against humanity for abused and the most vulnerable people in this country.

You are an extremely sick woman – bet you don’t even get this email – that’s why you have staff so you don’t know this pain and suffering you are causing in our communities, for me and so many others.  I have referred you to my website previously, but here it is again, these are the laws, the solutions and the trauma you are causing.

​Sincerely

JR

Civil Society Actor

PERSECUTED WHISTLEBLOWER

HUMAN SEWAGE LIVING IN THE DARKLANDS

ACC & Paula Rebstock are Criminally Negligent and Corrupt – New Zealand 2016

Below yet another email begging to have my care reinstated and professional care/rehabilitation provided – I saw on social media a meeting called #integratedcare held in Wellington today, which is really Occupational Therapy (a method of rehabilitation that has been around for decades) and like I have repeatedly called Multi-disciplinary Approach to Rehabilitation which I studied at Massey University 7 years ago.

People are trying to say this is new – its not new – its what should have been happening – and mental health care (especially trauma care after abuse) should never have been excluded like it has been – thanks to corruption ignorance bigotry and general hatred of abuse victims.  If you read over ACC laws you will see good intelligent educated compassionate NORMAL people developed those rehabilitation requirements (based on Occupational Therapy), they are extensive (especially in the area of social rehabilitation) and detailed.  Just ACC doesn’t do it and nobody seems to give a shit that they are violating laws and harming people – which is a crime under NZ Crimes Act.

If you read over disability documents put out by the government you will see they promised integrated care, if you read over human rights, disabled rights, mental health documents they all say this is happening WHEN I KNOW IT IS NOT!  Because I have known what these people were talking about for 15 years and told thousands of people about it I am currently blocked from Ministry of Social Development, White Ribbon campaign, Human Rights Commission, Health and Disability Commission and so many others.  I am denied any care that even resembles an integrated care plan and police bully and threaten me for speaking out about this gross miscarriage of justice against me and 10,000s of others.

I feel disgusting at the moment, have put on so much weight on top of everything else.  Anyway the email.


From: Jayne
Sent: Wednesday, 23 November 2016 4:43 p.m.
To: Complaints ACC; ACC Complaints
Subject: I still havn’t heard from my counsellor about treatment & reinstatement of my rehabilitation

I am very unwell, suffering extreme psychological distress, bombarded with violent suicidal and self-harm thoughts over and over again.  My bulimia is bad, ticking is bad, I am trying to hide it from everybody as much as I can as I don’t want to be threatened, insulted, degraded, abused, forcibly drugged and incarcerated.  My living situation is unsafe and I am still very frightened.  I am still putting on a large amount of weight, I have tried to get help to do some exercise but the person let me down.  I have barely left my bed the past two days I am so unwell.

I have been waiting for many months to see the counsellor Jenny Kirby, she was supposed to phone me, you have not reinstated my rehabilitation similar to that I had in 2009, you have not done anything to ensure I am protected from harm and provided the health care I am entitled to.  You have ignored impairments related to my disability and refuse to support me to even get to Jenny Kirby.  You are violating ACC, health, disability, criminal, imperial, human rights and bill of rights laws.  You are causing me to be discriminated against, driving me to suicide and dysfunction, ensuring I am isolated and marginalised in my community – and frightened to participate.  You have made me dependent instead of resilient and you think its a great joke because you saved that corrupt American Paula Rebstock money – but cost me my life and left no hope for my future.  Now I don’t own a home and will never recover from the past 15 years of discrimination, persecution, abuse and psychological torture.

I have noted on social media a large meeting on #integratedcare being held in Wellington today – this is the same as what I studied at University years ago about Multi-disciplinary approach to rehabilitation – which is what my care in 2009 was the beginnings of (that you illegally withdrew against all professional (and my) advice) - I told you that I wanted this type of professional rehabilitation, instead corrupt cruel immoral and criminal negligent people in ACC stopped it from happening.  Why?

Can you please advise Jenny Kirby when I will be receiving professional rehabilitation as required under law and this nightmare of hell will end, so I can get back to a normal life and work?

GOD PLEASE HELP ME.

JR

PERSECUTED WHISTLEBLOWER

HUMAN SEWAGE LIVING IN THE DARKLANDS

 

 

Violence & Trauma Experts New Zealand

Wanted to share this with news media in New Zealand – who keep censoring what is happening to me as a Civil Society Actor fighting for the rehabilitation and welfare me and 10,000s of other disabled mentally injured abused/traumatised people are entitled to under NZs ACC, health, welfare, disability, criminal, imperial, human rights and bill of rights laws.

New Zealand government are corrupt in this area, after 15 years of study I sure I know why, however it going to take media with integrity to expose this gross miscarriage of justice as it will take down the government and if justice prevails corrupt, criminally negligent politicians, public servants and paid outsiders will go to jail.  I believe the intensity of attacks on me proves ‘the establishment’ is aware of what is going on and doing everything within its power to discredit & stop me EXPOSING THE TRUTH.

Warwick Pudney is the head of Violence & Trauma studies at AUT in Auckland – who I discovered after investigating who was bringing my hero Bessel van der Kolk (world expert in trauma) to NZ

Hi Warwick,

So pleased to talk to you last week, was breath of fresh air to discuss the issues of Violence and Trauma with someone who knows what I know.  Here are the links to my website, I think you will be interested in the legal things I refer to.  Was at a Workbridge seminar last week where we were told they shut down work places for disabled people in 1991- said they were institutions.  This is of course untrue, they should be as much an institution as any medium size business is – a place where people can do meaningful work, within their capabilities, with appropriate support (physical or psychological)  and using their talents.

Check out my posts on Regional Rehabilitation Centres and Regional Mental Health facilities.  Also my Fence At The Top Of The Cliff rehabilitation model might interest you – it is based on ACC laws – should already be happening, which is why I protest A LOT.

If you find any of my poetry useful and would like to use it with your students please contact me.  I am inspired by what Bessel said about the role artists played in healing and expressing the pain of trauma and its aftermath if not treated.

As I said on the phone I would be very keen to be involved in any study or group involved with improving mental health services for traumatised people – especially away from drug based care to professional rehabilitation models and drug free methods.

Now I know you exist I’ll do some research on what you’re doing, I’ve already been telling friends about you on facebook and that you’re running this course.  Would appreciate you sending me any links you think I might be interested in.

www.jrmurphypoet.com

Also check out my social media facebook /jrmurphypoetmusician   twitter @jrmurphypoetry and youtube JR Murphy Poet.  Got some interesting photos, some of the more recent protests where I used chalk pen to do swastikas and a guerrilla artwork of five paintings, also with a swastika on Appeal Court I am currently up on charges for.  Quite proud,  Have been acquitted of four wilful trespass charges so far for different protests – why they keep dragging me through court is another reason I so angry.  After this latest lot I’m pretty sure they’ll stop, currently up on 7 charges, all I should get off under Bill of Rights.  I think the way they treat me for protesting about violence and trauma care shows how much they don’t want to admit the truth and provide what they should be, grrrrr.

Kia kaha to us all.

JR

Civil Society Activist

NOTE: I was being polite saying to Warwick he was breath of fresh air – talking to Warwick was like drinking a bucket of spring water after spending 15 years in the desert with only my and others urine to drink.

New Zealand Court of Appeal – Unreasonable Trespass Notice

Below is a copy of the letter I have sent to the woman who identifies herself as the occupier of the Wellington Court of Appeal.  As you will see from my previous posts, especially where I won the judgement about being able to legally protest inside public buildings, unless the public servant issuing the trespass notice is being reasonable then they have no right to do it.  As Ms Obrien issued this notice and the following complaints without knowing my situation then she has not acted reasonably. I know this is only a small thing and won’t change much but, some of the big reports and letters I have to write are just too hard at the moment.

1 November 2016

Ms Clare O’Brien

Court of Appeal

54 Molesworth Street

Thorndon

WELLINGTON

Dear Ms O’Brien,

You are named as occupier of the Wellington Court of Appeal and have had me trespassed then charged with wilful trespass for legal political protests I have been doing.

I am a civil society actor in the area of mental health, injustice, inequality and government corruption.  I am a non-violent activist and artist and know the law well, as prior to being raped, the person being found not guilty and years of criminal negligence & torture by ACC and others, I was studying law at Victoria.  Since the mental injury in 2002 I was unable to return to Victoria but I have studied law extensively, along with being an expert in traumatic stress disorders and current abuse in the system – what I call the ‘violence industry’.

Why did you trespass me without finding out why I was driven to such lengths to express myself the way I have been doing more recently?  You have been unreasonable in the circumstances to create a situation where a disabled artist and activist is being made a criminal for exercising her rights under United Nations declarations,  NZ human rights laws and Bill of Rights laws.  You would have noted my years of chalking on the streets around Parliament, that have made no difference whatsoever in me or others receiving mental health care we are entitled to, it is now much worse.  More family violence, more people being killed by mentally ill and more killing themselves (please refer to latest crime stats & suicide stats).

I am not a criminal, I am the victim of serious crimes that violate the most basic laws of this country.  Laws and accepted principles printed on the window of the Appeal Court building.  When I made submissions about the NZ constitution 3 yrs ago I included the words on the Appeal Court as making up our current constitution – I believe to advertise such justice in such a way is a written contract with citizens like myself.  I can assure you people with mental injury as a result of abuse and trauma (like myself), also mentally ill people are NOT receiving the justice those words say we are – our human civil and political rights are being violated.

Did you know I was driven to expressing myself in these ways because I am unable to get a Civil Legal Aid lawyer to protect me from repeated police visits.  That I have recently been assaulted by High Court Security and police for legally protesting and IPCA are refusing to do anything to bring my complaints in front of a judge – along with my complaints under Sections 150A 151 155 157 of Crimes Act against ACC and others.  Did you know I am currently up on charges of Misuse of a Telephone for phoning ACC screaming to have my rehabilitation reinstated from 2009 as required by two ACC reviews.  Did you know how many times I have been dragged through court for legally protesting and won?  Please feel free to look through my police and justice files – this letter gives you authority to do this so you understand the situation I am in.

You cannot use the wilful trespass laws to stop Civil Society Actors from expressing themselves in a non-violent way – especially in the area of appalling mental health services, which is such a serious issue and has been in the public arena recently – even discussed by Justice Winkleman and the Law Society.  Please refer to my website for more about what I do and advise me what you intend to do about your unreasonable trespass and ongoing criminal complaints – www.jrmurphypoet.com.  I look forward to your reply.

Yours sincerely

JR

Civil Society Activist

 

New Zealand govt using Social Workers as health professional for abuse victims to save ACC $

Have just watched One News and was horrified at the Social Worker complaining she was being bullied and not getting help she needed for her PTSD.  Then the government comes on and says they’re going to train more people.

SOCIAL WORKERS ARE NOT HEALTH PROFESSIONALS AND SHOULD NOT BE DEALING WITH MENTALLY INJURED ABUSE VICTIMS THE WAY THEY ARE BEING FORCED TO BY NZ GOVERNMENT AND ACC – especially if they have serious mental health issues themselves.   Social Workers are not Occupational Therapists, not counsellors, not psychologist/psychiatrists and as part of a multi-disciplinary team  of professionals working with a mental injured abuse victim should only be there to co-ordinate housing, welfare, maybe advocacy and a few other things.

The New Zealand government are telling the public of New Zealand that what they intend to do is helping abused children and their families - what they are actually doing is avoiding paying for the extensive rehabilitation and multi-disciplinary team of health professionals ACC are supposed to be providing under law.  Under law, under all the laws I refer to on the pages of this website.

Care that I was receiving in 2009, that ACC continue to refuse to reinstate after winning two reviews and waiting seven years – now why do you think that is when I have a leading psychiatrist that supports everything I say I need.  I know what the law says, I know my disorder, I know what I need and I know ACC and the NZ government are corrupt in not providing that.

I worked as a temp for six months at ACC in 2000, while I was there I saw some horrendous things and fraud.  One department was really bad, they were data entry operators – half of them had RSI and had to have at least 2 days off a week – WHY were ACC employing people with RSI as data entry operators – it obviously aggravated their disorders – they should have been retrained and doing a different job.  Using mentally unwell people as social workers is about as bad as that.  How can a person with PTSD support people who have even more serious CPTSD.  Also that data entry department was headed by a woman who her staff loved and fawned all over – I later found out she was recording many of those having lots of days off as being at work.  Everybody just ignored it.

After receiving a disgusting email from one of the data entry operators, who thought she was sending me a joke I had to speak up and went to the Manager of Funding and Pricing where I was working.  I told him about the email and he needed to say something to these people sending such emails – he did talk to them and boy was I the most hated person in ACC, I had ratted on staff.  Thing is I didn’t want to get into trouble for having such disgusting material on my computer, I was only a temp.  Also I didn’t like the manager and her staff, they weren’t nice people and as I saw it stealing taxpayers money with their bludging.  Not sure if it is the same now but back then ACC staff had unlimited sick days – how many companies in NZ give that to their staff?

The person I was covering for had been in ACC for decades and told me ALL THE GOOD PEOPLE LEAVE – so ACC is run by the dregs of our workforce- however they get paid so much they don’t leave no matter what they are expected to do in order to save money and stop people getting entitlements.  I was also told when IRD (building around the corner) was overhauled because of the numbers of people who owed them money committing suicide, those that were doing most of the damage were moved to ACC.  Another reason ACC is so corrupt and criminally negligent, many of those people are right-wing psychopaths.  I used to hear them talk – they were all right-wing National party.  My contract was not renewed after I was seen on TV at a NZ First party conference.  Only weeks before I had been asked to stay and they would have paid for my Law studies I intended to begin the following year.  Stupid me said no – how could I work for an organisation that was morally bankrupt and treated people so badly.

Anyway a bit off topic.

Also wanted to comment that the social worker on One News tonight was severely traumatised by a young abuse victim phoning her while attempting suicide – bleeding out on the phone.  I’ve had two flatmates attempt suicide and begged for help from ACC, got nothing – I still havn’t dealt with them and will never get the image of opening the door to our garage and seeing Josh with a rope round his neck standing on a chair.  And what happened with the other flatmate I can’t even talk about it was so bad.  This social worker got help – I got nothing, not even mental health would help me.  And they wonder why I protest the way I do and flip out at them on the phone and am still suicidal, self-harming, bulimic and much much more.

After I was raped in 2002 I fought for 7 1/2 years to get the professional rehabilitation I was entitled to under the Act.  In 2009 that started and I had Dr Alan Doris psychiatrist leading my care (or I thought he was but ACC refused to let me speak to him again), I had the most amazing health professional I ever worked with Occupational Therapist Glenda as the central person in working out what my needs were and how to overcome the phobias/dysfunction that had developed because of the ‘untreated’ PTSD after the rape.  I had a mental health worker for 3 hours a week, which helped me put in place those things Glenda suggested – both these women walked beside me, they didn’t do it for me.  We had just identified why I couldn’t go for job interviews – was related to not wanting to be judged after the person who raped me was found not guilty.  We were about to start role playing being in an interview so I could overcome the fear when ACC ILLEGALLY DUMPED ME FROM ALL CARE.  I also had a doctor who was OK because he was being fed information by the OT, psychiatrist and psychologist – not providing and deciding on the care like NZ government now do.

Oh yeah I had a psychologist but the woman was useless and I found myself counselling her because her methods were so bad (I know consider them brainwashing) – a good counsellor would have been far better.  In fact just before I was dumped I had written to ACC saying to get rid of her, she wasn’t helping and cost a lot.  I also asked at that time if I could go away for six weeks to deal with the deep psychological trauma that was causing my continued suicidal thoughts.  I couldn’t do that and parent my children at the same time – I couldn’t do that in the community – Dr Doris agreed with this at a later date.  INSTEAD EVERYTHING WAS TAKEN AWAY and I felt like I had been thrown out of a six storey building.

Plus I had help in the community from a local gym who my OT talked to about how to help me – those guys were so amazing, I still appreciate what they did for me back then.  At gym I could deal a bit with my eating disorder, building my physical strength with lots of encouragement and support, being in my community with others (as I was very isolated) etc etc.

These are the things I had, when National got in 2008, they put John Judge in charge (then Paula Rebstock) and all my care was taken – they said my mental health issues were not related to the sexual abuse – even though they had been providing me on and off counselling under ACC for 7 1/2 years.

I can’t go on much more I’m getting upset.  These are the sorts of things ALL mentally injured abuse victims are entitled to – BUT BEING REFUSED.  ACC are saving their money $4billion per year I was told in order to invest in banks, shares, dams and businesses around NZ and overseas.  This is money that should be invested in our own people – especially mentally injured abuse victims.  When I think of how much most car accident victims get it makes me cry – when you compare it to that of mentally injured.

When I was dumped they said I could go to mental health services – but when I talked to them, who had let me down multiple times already they said they didn’t do any of the things I had been receiving.  There only options were medication, how can a person be receiving around 12 hours per week rehabilitation with several health professionals, based on professional advice and go to absolutely nothing?

Someone in power, in media, in parliament has to speak up and expose this gross miscarriage of justice - so many are suffering because ACC and NZ government are corrupt, criminally negligent abusers.  This is why I protest at police stations, because I know under Sections 150a 151 155 and 157 of Crimes Act ACC and mental health are breaking the law.  I also know under Crimes of Torture they are breaking the law,  these crimes have sentences that would see politicians and government employees (including Rebstock) jailed and lose their right to be an MP.  Who would disagree with me that our current government does not have anybody honourable running it – NOBODY.

Can’t go on for now – kia kaha to us all.  Will send this link to every opposition party and all media outlets so they know – I know they probably won’t do anything because I am so discredited but I can’t stop telling the truth – I can’t stop trying to get mentally injured abused men women and children the treatment care and rehabilitation they are entitled to – not only under ACC law but also health, disability, criminal, imperial, human rights and bill of rights laws.

Kia kaha to us all

God of Nations at thy feet
In the bonds of love we meet
Here our voices we entreat
God defend our free land

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

 

Murray Jack GOTCHA!

Murray Jack you piece of crap
Controlling this, controlling that
Me and others know what you do
Advance the rich, degrade the few

Murray Jack you piece of crap
On the board of this and that
Neo-liberalism’s wrong
You harm the weak, protect the strong

Murray Jack you piece of crap
How could you choose this and that
Just another one percentre
Greed and fear’s what you engender

enD

Yesterday went out with some pieces of art which had a swastika on them and placed them at three differently places I thought were violating human rights.  NZ Initiative (aka Business Round Table), IPCA Police Conduct Authority and Ministry of Justice.

Left a poem, videod it on phone and put it on my youtube channel JR Murphy Poet.  This is one I had found in my visual diary, written a couple of months ago after seeing Murray Jack at court hearing about unsafe workplace at WINZ where John Tully shot the two workers.  Know he was part of the inquiry into these killings and ignored me when I spoke to him about how desperate things had become for long term disabled.  He one who suggested all the security guards, which have made things worse.

When I saw him at court case, before I was escorted out by security for wanting to put up a sign about the case.  I told him I was going to get him, told him he was neo-liberal scum and his lot had caused this tragedy.  Gave him a bollocking.

Writing this poem about him and sticking it up at NZ Initiative – where he is a board member – was what I meant.  I couldn’t find out where his office was and I hate this neo-liberal think tank.  I wrote GOTCHA at bottom of poem.  Putting it on youtube is also another GOTCHA (if you are reading this Murray, or any of your neo-liberal mates that created this hell for me and others).

Quite an honour to get a poem written about you – John Millar, Ruth Dyson, Tony Ellis, John Key are the others.

Now I want to meet with you for an hour at least and tell you my story and how I know the government are corrupt and experimenting on mentally injured abuse victims, traumatised and mentally ill – also persecuting many of them and denying them professional health care and rehabilitation.

Come on you coward, front up – contact me through my email, facebook or twitter.  I don’t check comments on my website because of trolls.

 

Submission on Disability Strategy – New Zealand

Below is my submission, it is not comprehensive as writing it was extremely traumatising for me – along with everything else going on in my life, but it covers a few things that the people who run the Disability sector obviously have no idea is happening – or are corrupt and covering them up.

So many things I havn’t said :-( Oh well I did my best at the time, they are never going to listen to anything I said anyway.

Submission on the Draft Disability Strategy August 2016, by Jayne Routhan, Civil Society Actor.

 

  1. Overall what do you think of the draft Disability Strategy? What overall changes or improvements would you like to be made?  Is there anything missing?

     

    It is a great piece of marketing, in the area of mental injury (eg traumatic stress disorders) and mental health I have 14 years experience in exactly the opposite is happening.  DPOs have not represented people with my type of disability because it often has violence aspects to it, and people can also be highly challenging and have extensive needs – like a safe house to live in.

     

    From personal experience I would like to see mentally injured and ill disabled people’s rights protected not just promoted. Justice Winkelman pointed out many disabled people had no access to justice in ever increasing numbers and often up against powerful government and private organisations.  I have had experience with Health & Disability Commission and I found them insulting, degrading and they discriminated against me.  Their advocate worked for four years and could get no services in the Wairarapa – the HDC refused to get involved.

     

    There are Sections of the Crimes Act 1961 – 150A 151 155 and 157 that make it a criminal offence to not follow the law and a disabled/vulnerable person be harmed as a result – these are being ignored.  I have made multiple complaints  to police about ACC health professionals, doctors, Occupational Therapists, Psychologists etc and not been protected from their unprofessional and criminally negligent behaviour.  I know what these people are supposed to do, I have studied rehabilitation and health at Massey University, along with Disability, ACC, human rights, bill of rights, imperial and welfare laws (including United Nations declarations).  Not only that I am intimidated,and hounded by police for asking for help and legally protesting at the gross miscarriage of justice happening to me, the systems in place they say are helping me are being used in a punitive way – which is illegal.

     

    I think it is imperative recognised lay-expert Civil Society Actors like myself are included in the consultation process not just DPOs.  Especially if we cover an area no DPO is – like in my case violence and crime.  Other DPOs, even those focused on mentally ill reject violent disabled people and want to distance themselves from them – this is not helpful.  This is another reason services for these people are so abusive, inadequate and do not follow professional rehabilitation models.

     

     

     

     

     

     

     

 

 

  1. Please let us know what you think about the following sections.  Would you like anything changed or improved.

     

    Firstly I have changed the order and a few of the words:

     

  • My vision – and where to from here
  • What’s important to me and many other mentally injured abuse victims
  • Outcome 1:                  Attitudes
  • Outcome 2:                  Justice
  • Outcome 3:                  Choice and Control
  • Outcome 4:                  Health and Wellbeing
  • Outcome 5:                  Accessibility
  • Outcome 6:                  Leadership
  • Outcome 7:                  Education
  • Outcome 8:                  Employment

     

    I have changed the order because I do not believe our society will be well served (and resources well spent) by people disabled by mental injury and illness if 1-6 are not fulfilled before the person becomes involved in education and employment.

     

    Also comments within the introduction of the Strategy appear to not cover mentally injured abuse victims and discount people with mental injury as a result of abuse and overwhelming trauma as disabled.

     

    I find it interesting that the people writing this document think there has been real progress, when I have only seen worsening statistics in suicide, self-harm, violence and sexual offences.  More people living on the streets, in unsafe unstable environments, more dysfunction and badly serviced, if in fact getting any services at all.

     

    The convention was ratified in 2008 – that is eight years ago and things have deteriorated for those with stress disorders.  It is a condition of the convention that things continually improve for disabled people – they are not.

     

    Children disabled by abuse and overwhelming trauma (which causes a mental injury) are poorly served, living dysfunctional lives of unresolved trauma that impacts on them and those around them every day – it can lead to years of unnecessary suffering, poverty, alienation, suicidal ideology, addiction, phobias, eating disorders, aggressive behaviour, etc.  Many only coming into contact with services through welfare, police and justice agencies.  For some prison fulfils many of the psychosocial needs they don’t have met in a hostile and uncaring community.

     

    Overwhelming unresolved trauma as a child (eg sexual, physical and psychological abuse) and neglect affect brain development.  It has to be accepted some of these children will need life-long support to be well functioning parents and valued members of society.

     

    A positive aspect to stress disorders is the heightened right brain activity, which includes creativity – which is why the arts are so fundamental in the expression, healing and resolving of trauma.  I find poetry, writing, music and other creative arts very therapeutic, but my expression of these is hampered by my disorder and no access to resources to develop and be valued for my talents.

     

    My Vision Statement for Mental Injury Services:

     

    To be a world leader in the

    treatment, rehabilitation

    and support of the mentally injured.

    to have a positive affect on

    the happiness and prosperity

    of all the community.

     

     

    I would also point out that the strategy has had very little input from families with histories or issues with abuse and trauma.  To me it is very focused on physical and sensory disabilities with little acknowledgement of psychological and emotional ones.  It was noted earlier this year that people with mental health issues are the least wanted as neighbours and most victimised.  It is well known that many of those with long term mental health issues are homeless or stuggling to provide themselves a safe home.

     

    Community is not changing it is getting worse, with good reason, so many dysfunctional and dangerous mentally injured and ill people are rotting with few or no services in the community – services they are entitled to under ACC, health, disability, criminal, imperial, human rights and bill of rights laws.  The Community are scared as are those with mental health issues continually denied professional treatment care rehabilitation along with access to justice and safety – but nowhere near as scared as the disabled.

     

    One psychologically dysfunctional person can traumatise dozens if not hundreds of people – including children – I believe that is the main reason we see deteriorating family and sexual violence statistics.  The brain is the most complicated organ of the body, it controls EVERYTHING we do from breathing, to loving, hating and violence.  I believe in the area of mental health far too many unqualified/or poorly qualified people are currently making medical decisions for this disabled group.  Poor decisions and centred around the use/abuse of psychotropic drugs – which I believe in the area of mental injury, of an otherwise ‘normal’ person, is extremely detrimental to healing, resilience and overcoming past and current trauma.

     

    Our communities won’t change, history has shown us that – from research I have done, and stories like those of Janet Frame – I discovered NZ developed its extensive institutional mental health facilities mid 20th century because people with this form of disability were not coping in the community.  Although I agree in part with shutting down some of these institutions, they were not replaced with a professional support and health network – the lack of safe stable housing is at an extreme level currently.  For people disabled by mental injury there needs to be ‘retreats’ specialising in this form of rehabilitation – which in turn focus on different forms of trauma and some of the debilitating impairments people develop.  (Note: you cannot mix offenders with victims and expect people to feel safe to heal.)

     

    For example, I am easily enraged when triggered by being physically threatened, degraded and discriminated against.  This is an impairment related to my disability, I have learnt to manage it mostly, but have the police file to prove at times I become so frustrated and angry with how agencies like ACC, MSD, mental health and police treat me (along with politicians) I am often arrested.  Noting I am never violent towards others but I do retaliate verbally – I am however violent towards myself.

     

     

    WHAT’S IMPORTANT TO ME

     

    That I have somewhere safe to live where I can heal from my mental injury.  That I have access to models, laws and documents like the disability strategy.

     

    Along with all the items listed in the disability strategy.  Which are also mirrored in the Covenant on Economic, Social and Cultural Rights, human rights act, ACC legislation, Bill of Rights, Welfare agreements, etc.  So many documents saying so many good things while society deteriorates – time to do this the right way.

     

    That we have a multi-disciplinary approach to rehabilitation (as outlined in Shrawan Kumar’s book 2000 – Butterworth & Heinemann) in the area of mental health, particularly mental injury.  That I am able to have a Whare Tapa Wha approach to my rehabilitation and extensive professional Occupational Therapy services (I would envisage Social Workers, counsellors, mental health workers given OT training – these people are pivotal in a comprehensive well run, co-ordinated, efficient, rehabilitation plan).  Every one of this team needs to be educated in the area of traumatic stress disorders and the laws, expectations.

     

    I would have a psychiatrist of my choosing overseeing my rehabilitation and progress, an Occupational Therapist,  a counsellor, mental health support worker, lawyer, people in the community, trauma art therapist, education support and access to culturally appropriate residential ‘retreats’ when necessary.  That my GP would be kept informed and from time to time saw me to check on progress to independence and prosperity.

     

    I would have care in the community and help to reintegrate back into the community.  I would be able to go on a ‘retreat’ for six weeks of drug free healing and intensive care (which is actually a requirement in the ACC legislation).  Intensive care of traumatised people at the beginning is far more humane and cost effective than as the person deteriorates through medical neglect.

     

    Outcome 1:                            Attitudes

     

    I am valued by society just like everyone else

     

    Now I know why I was avoiding writing this submission, it is the attitudes of some people, especially those in authority, in health and justice services that are the worst.  Also those of my family and many in the community who don’t really know me and what I have been through.

     

    The attitudes of police I was recently subjected to who think I am refusing health care, am mentally ill and that’s why I make this my job, plus wasting their time.

     

    Government show over and over again through changes to welfare legislation that they think disabled people are of no value, except for making money for drug companies and creating lots of jobs for lawyers, welfare agencies, judges, police, justice system, etc.

     

    Reporting by media in the area of violent mental health cases is uninformed, discriminatory and biased.  I protest regularly and extensively, along with making submissions and writing to various people – media refuse to tell my story, what I know and what I do – what I’m fighting for.

     

    Outcome 2:                            Justice

     

    I am treated the same way as everyone else by the justice system.

     

    Hell no, this is not appropriate in the area of mental injury given the high levels of stress involved when forced by police to do anything – especially in a terrified or heightened state.  People with traumatic stress disorders need their phobias and triggers acknowledged and accommodated if at all possible.  Being near an exit, or being able to escape is a well recognised behaviour in abused people.

     

    Police sometimes accommodate my disorder and make arrests as stressless as possible – I am rarely held in the cells now and often out within 30 minutes.

     

    As Justice Winkelman has said disabled people are not getting access to justice and this needs to change.  The objective with mentally injured people would be to keep them out of the justice system, not have police and the justice system as the bottom of the cliff mental health services.  Although there has been a significant amount of resources go into people in prison, especially in the arts and being able to work, education and some health services.

     

    Then of course there are the mentally injured and ill people who are dangerous to society, pedophiles, paranoid, physically and sexually violent.  People we know are like this should not be allowed in the community, even with 24 hour supervision.  Ashley Peacock doesn’t have that priviledge and he hasn’t killed or sexually abused anyone.

     

    There are currently many dangerous mentally injured and ill in the community, these people need health and welfare services before they need justice services.  We all need to be kept safe, I have heard stories of dangerous mentally ill people begging judges for health care and being forcibly removed from court with nothing.

     

    There are significant improvements in the care of mentally injured and ill people in police custody.  Several officers at Wellington Central have said they need mental health workers at the station at all times – men and women.  They need somewhere and someone to get those with mental health issues out of the cells and into care.  I heard one senior officer make three phone calls trying to get someone to come and get a teenager with mental health issues that had been dropped by adolescent mental health services.

     

    The fact is many mentally injured and ill people cannot get protection and representation of a lawyer.  They are either too busy, not skilled in this area of law or cannot afford to do legal aid work – this is against the law – (the Magna Carta).  You can’t just say this is happening without something being done to rectify it (upskilling of lawyers in dealing with mentally injured and traumatised people is vitally important).

     

    Currently police are being used in a punitive way – which is against the law.  I have had the police called 15 times for welfare visits in four months, called by health justice and media organisations and never once did I say I was going to kill myself.  Though I do suffer from suicidal ideology which is a living nightmare when it is bad.  Police are supposed to help but they intimidate and humiliate – often just by being there, I have had several bad experiences with bigoted officers.  I wrote to police and begged them not to come to my house, they ignored me.  They have also turned up 11pm at night and frightened me badly.

     

    Currently I am up on five charges 1 of Misuse of a Telephone for phoning ACC and screaming for care (after being told for past 5 years my care would be reinstated), 3 counts of using chalk pen on windows at Carterton Police station (after 2 officers insulted me for 10 mins I did a swastika), Wgtn High Court after I was assaulted by security, refused a lawyer and refused access to watch Tony Ellis and the case of torture with 3 mentally ill men.  Also the Appeal Court in Wellington for a swastika and writing lies all over the words on that building about justice and law.  Also for Wilful Trespass of High Court for refusing to leave re Tony Ellis case.

     

    I have been taken to court by police multiple times, many times the charges have been dropped just before the case (I would have gone twice before however).  I have won four cases in court for wilful trespass, one I had to appeal a conviction of wilful trespass of ACC for a legal protest.  One for legally protesting outside the DHB offices at Masterton Hospital, which I had to defend myself – thankfully judge Tuohy was very accommodating of my stress disorder and helped me through the process.  This is a gross waste of money for me and the government, as well as stressful for me and challenging for court staff – as I no longer handle things well.  My last appearance – alone – was two weeks ago and I ended up curled up in a ball on the floor in a corner with a large painting of mine in front of me, with my eyes closed and fingers in my ears, crying, frightened of everything and everybody.  I have been in this position several times since I was assaulted and bullied by Wairarapa police, I have made a formal complaint about what happened being unjustifiably violent.

     

    I am sometimes kept in the cells too long and have broken down several times, there should have been people available to sit with me, or I should have been taken to a room with a window and if no risk taken for a walk outside – especially if I am there a long time.  A couple of months ago I was arrested for protesting and kept under mental health for five hours in the cells as punishment for swearing and yelling at staff at police headquarters about Its Not OK propaganda.  Mental health came and went – I am petrified of mental health services there is no way I would tell those people anything, mostly I am triggered and swear at them about how bad their services are.

     

    I have spoken to dozens of policemen and women who all agree with what I protest about mental health services being inadequate and not what they say.

     

    Outcome 3:                            Choice and Control

     

    I can make my own choices and have control over my life just like everyone else.

     

    This does not happen currently, especially with people like me who refuse psychotropic drugs on religious and ethical grounds.  The part about care and services being client centred are not true in regard to mental injury and mental health services.  Most do not get a say, once people have a psychotic episode or attempt suicide and are put under mental health act the majority of public mental health services heavily medicate.  Especially the lazy ones and most bigoted, like the head of mental health in Wairarapa who dislikes women.  We also have the highest rate of compulsory treatment orders and use of psychotropic drugs.

     

    I live in Carterton, I would like to continue living in my own community, however there are no available and suitable homes.  Even though it is a requirement that disabled people have access to social housing.  I would prefer to be able to buy my own home which I believe is a cultural right and I should be offered a government loan to do this.  Under the Crimes Act people must have the necessaries of life and a safe stable home is one of them – especially for a traumatised person.

     

    I should be able to ask for the help I read about in laws and brochures, not be rejected, not be further traumatised by the system, my human rights must be protected not just promoted.

     

     

    Outcome 4:                            Health and Wellbeing

     

    I have the same level of health and wellbeing as everyone else.

     

    I am supported to be the best person I can be, to self-actualise and have a life worth living.  I will manage my health and be grateful for the support I am given by participating to the best of my ability.

     

    I will have the necessaries of life as outlined in Maslows Hierachy of Needs, I will not feel life is to frightening and not worth living.  I will not feel worthless, like human sewage and on a torture wheel of hell from services supposed to help and protect me.

     

    I will have access to other health care needs besides my mental health – which I am currently not having in several areas as I am too afraid to see the doctor.  When you don’t want to live it is difficult to get yourself to beg for help about less significant medical conditions – I have issues with my bladder and kidneys but have been unable to have tests required done for past two years.  Because I need my ACC care back and mental health support worker to go with me – I have no-one else I feel safe taking.

     

    I will have the gym membership and support I had as part of my ACC rehabilitation plan in 2009, to help deal with my increasing weight and eating disorder.  I will be able to see a professional about my eating disorder, which I havn’t been about to do for over 10 years.

     

    Wellbeing include psychosocial support to reintegrate successfully into the community – from which I have become isolated due to poor mental health, poverty and unemployment.  I will reconnect with my whanau, as I have become distant from them as well, they dislike that I don’t work and do the activism I do.

     

     

    Outcome 5:                            Accessibility

     

    I can access places, services and information just like everyone else.

     

    I need help with this as I have tried for years to access the treatment care rehabilitation justice etc I am entitled to under law without success.  This is something my lawyer could assist with to start with as I am currently turned away repeatedly.

     

    I have a home that enables me to participate in my community.  In the current housing crisis this is a serious issue for me and many others.  I live in private rental accommodation with a flatmate who takes advantage of me and I need him to leave but I can’t say anything.  I could be asked to leave with six weeks notice if family wanted to move in.  The thought terrifies me as I have had so many bad experiences moving, I moved 4 x in 12 months a couple of years ago – sent my stress disorder off the scale.  I have lost many things, had many broken and many stolen in all my moves.

     

    I can regain the confidence to perform my poetry and plays, learn more about creative writing for profit and to share history and fantasy with my community.

     

    That as I heal and no longer need intensive services that at any time in the future when I am overwhelmed with trauma I can return to services without question.

     

    That I am not assessed to death, and have this processed used as a form of denying services rather than providing appropriate professional services depending on physical, psychological and psychosocial needs.

     

    Outcome 6:                            Leadership

     

    I have the same opportunities for leadership as everyone else and there are leaders who can represent me.

     

    This is definitely not happening in mental health and I do not feel there are any leaders or organisations representing me in any meaningful way.  In fact I feel our leaders are ignorant, arrogant and disrespectful of my expertise, experience and talents.

     

    Outcome 7:                            Education

     

    I have the same education outcomes just like everyone else.

     

    I was studying law at Victoria before I was mentally injured in 2002, I had passed five out of six papers – one I had dropped, I was very busy as a single parent and owner manager in my franchise business.  After I was hurt I tried but could not go back to university, I have since done papers in rehabilitation, health, journalism, creative scriptwriting, but none were successful due to my disability and inadequate support.

     

    If I have received an ACC Independence Allowance of $18 per week, half of it has to go to my student loan – which is incredibly unjust – also I disagree with the level of this allowance but could not challenge it.

     

    I have reports saying I am intelligent, do not have a personality disorder and am not delusional, yet I do not work and am rotting on welfare.  I protest and participate in submissions like this because I know my disorder, I know what I need, know what I’m entitled to and know what a professional rehabilitation plan actually entails.

     

    According to ACC legislation they are required to return me as near as practicable to my previous life – they have never made any attempt to do this.  I have tried and failed because they refuse to support those things I believe are necessary, for years I tried to heal myself – I failed over and over again until I gave up and started being a Civil Society Actor in the area of mental health full time.  If I can’t work then I don’t want to live – simple as that.  And I want a job that uses my knowledge and talents.

     

    Disabled people, in fact no people, should have to pay for their education.  Disabled people are currently driven out of the neo-liberal capitalist working environment, which does not allow for people who are not 100% fit and efficient to do the job – they don’t want anybody that cannot earn a maximum – that’s what they call productivity.

     

    As the New Zealand government has signed the Economic Social and Cultural Rights covenant, as well as the disability rights declaration I believe they are responsible for ensuring disabled people have valued work.  That will require the government to create meaningful jobs, or support the disabled person to create a meaningful job for them and perhaps others.  I would like to develop my scriptwriting and write the multiple plays I have started to develop, including plays about NZ history.  I would like to record some of my songs and work with a band to see if they are valuable when professionally produced.

     

    I am an advocate for Te Whariki – an early childhood document that I believe could be extended to cover all education.

     

    Mentally injured and ill students must be given extra help they are entitled to in order to achieve their best.  Many have behavioural issues and need more intensive support, or learn through doing, many are creative but not very academic and avenues to develop creative talents need to be provided.

     

    An older student cannot learn efficiently or sometimes at all if they are extremely stressed due to housing issues or poverty.  People who are studying need to be provided safe accommodation and/or travel to education (eg travel from Carterton to Victoria , Massey or Whitiraia).

     

    Outcome 8:                            Employment

     

    I have the same employment outcomes and opportunities as everyone else.

     

    One of my most basic desires and requirements of any rehabilitation plan I participate in, is how it is going to facilitate my returning to work and value in the community, that improves my mental health, not makes it deteriorate.

     

    I have learnt a lot over the past 14 years, along with my artistic expression I want to use what I have learnt to help and protect other men women and children with mental injuries.  I want to see realised all the resources services and facilities required to provide the professional treatment care rehabilitation and justice people, with mental injures as a result of abuse, are entitled to under ACC, health, disability, criminal, imperial, human rights and bill of rights laws.

     

    As referred to previously in our current economic climate people with disabilities (or those caring for them) are mostly unemployed – this needs to be addressed by government and not just left to the community.  They are not the ones who created this low wage, high unemployment, unequal society, government did and they have a responsibility to all disabled people to ensure their lives are worth living.

     

    Kia kaha to us all.

Conviction for Wilful Trespass of ACC – OVERTURNED – BOOM!

IN THE HIGH COURT OF NEW ZEALAND

WELLINGTON REGISTRY                                                         CRI-2016-485-15

                                                                                                            (2016) NZHC 1495

 

BETWEEN                 JAYNE ROUTHAN

                                    Appellant

 

AND                           NEW ZEALAND POLICE

                                    Respondent

 

Hearing:                      28 June 2016

 

Counsel:                      Bolland

                                    Wood

 

Judgement:                  1 July 2016

 

 

JUDGEMENT OF WILLIAMS J

 

Introduction

 

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

     

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

 

Facts

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

     

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

 

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

 

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

 

District Court Decision

 

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

     

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

 

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

 

Submissions and issues

 

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

     

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

 

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

 

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

 

Analysis

 

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

     

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

     

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

     

  4. the size of the assembly and its duration;

     

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

     

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

     

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

     

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

 

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

 

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

 

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

 

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

 

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

 

J WILLIAMS  

 

 

                                   

ACC Ministers deny responsibility for Corporation persecuting claimants

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

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

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

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

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

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

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

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

Sincerely