Tag Archives: activism

2nd night in Wellington police cells in New Zealand

Been avoiding writing this, don’t want to recall what happened it hurts too much, but I know I have to, then I won’t have to look at it again if I don’t want to – better out than in.

My arrest and night in Wellington police cells was going fine until the last three hours, then it all turned to shit because I was transported in a very cold NEW van into cold court cell, further delays and an arsehole guard looking after me.  People with stress disorders (in stressful situations) must be treated the same as people in shock, first thing you do is keep them warm, being cold adds to trauma/stress.  That is what should be on my court transfer papers not that I make vague threats of self-harm – WTF.  The design of that NEW transport staff were gloating about is absolute crap and harmful to those inside the boxes.

Start from the beginning

As I didn’t turn up for court on Monday, as I had been turned down by the OT for health services and still didn’t have a lawyer I knew there would be a warrant out for my arrest.  Chickened out doing a protest in Masterton so I would get arrested, too scared of police here.  Went over to Wellington chalking and then started on my mission.

Headed for Supreme Court to do some chalking about justice and how I completely blamed the judiciary for discrimination against mentally ill people and allowing government to criminalise and persecute them, deny them professional health care.  Then headed up to Treasury building and left a message for Treasury wankers – photos on my facebook page.  Held them to account for the appalling mental health stats as well – did a few swastikas and called them murderers as well – I know they hate it.  Then headed for Human Rights Commission, from which I am trespassed.

Nutted off at this old guy in reception and a group of people having a meeting about some bullshit.  I was in total fire breathing dragon mode, told them exactly what I thought of them and their responsibility for mental health crisis, suicide, NZ being No 1 for child suicide, self-harm in women and family violence.  Left before police arrived heading for my next target – didn’t make it 🙂

Have photos on my facebook page /jrmurphypoetmusician did a couple of videos of the chalking a few photos at the Human Rights Commission.  Its like lala land up there, those people are completely out of touch with reality and refusing to accept the seriousness of what has gone on in mental health due to an economic theory taking over from constitutional, health and justice rights.

Was arrested on Lambton Quay with my large naked torso painting a couple of cardboard signs and my big over shoulder satchel with chalk pens paper etc in it.  Was funny knowing they were coming, saw them to my left, I was heading towards Willis Street across from Midland Park.  They put on their lights, quickly did a u turn and jumped out of their car to aprehend me lol.  Told them to calm down I knew I was going to be arrested, that’s why I had come to Wellington – strange to them of course.  I was picked up on warrant for breach of bail for not attending court.  Not for nutting off at the dick head at the HRC and breaching a trespass order.  WAs prepared for it to happen though.

Tried to talk them out of handcuffs but couldn’t, managed to get them put on in front of me which is so much less oppressive/scary/vulnerable than behind your back.  She also did it really loosely on my right wrist cause told her I get arthritis in it.

Male officer told me handcuffs were for theirs and my safety – lol – brainwashed.  Not in my situation they’re not – its one thing I hope the UN can look at having a restriction on police using handcuffs, particularly in a public place.  They were OK, just following the book and treating me like any criminal who had a warrant out for their arrest.

Got back to the station and got processed, almost everybody was nice, were surprised to see me back.  The woman I had a run in with last time came and talked to me a few times, said she was pretty stressed with work etc last time I was there and sort of apologised, we made peace – that’s the main thing.

Didn’t sleep all night but was able to read a book, which I couldn’t last time because my stress levels were too high.  I can’t hold the story in my head when very stressed, even this time there were a few times I had to re-read paragraphs because I hadn’t absorbed what I just read.  Its a horrible part of Complex PTSD and a lot of people don’t understand it, can make you feel really stupid and like you going mad.  I worked out over years, it comes and goes depending on my stress levels.

I was OK with going through the police process I had gone over it in my head many times.  Had all the same guards as last time just in a different order, they were really cheerful and nice.  Told them I was in a much better state than last time and just wanted to get through the process and get things sorted out.  Last time I was self-harming and really distressed, this time I was really chilled out.

Had a guy come into the cells about 6pm who banged and yelled most of the night, then started up again in the morning – when I get stressed too, cause you don’t know what time is and all the guards disappear to organise transfers etc.  Handover is at around 7am.  So in the morning he sets off sprinkler in his cell and flooded something else by the sounds of it, lol, all the male prisoners were put in the female section – was weird seeing the guys – cause you never do.  They have it set up so people can’t see each other – I’m all good with that, few of them looked dodgy as.  They handcuffed him and put him in the Female Day cell that I can see from my special window/mental health cell.  Gave him the thumbs up for what he’d done, I was bored too.

As 11pm shift came on I asked if I could go in the bigger cell to prepare myself for going in the van in the morning, like I had spoken to Stuart about – when I made a comment about my first visit and how they could improve it.  He was a pommy guy with a bald head, manipulative power tripper.  So a group of them are outside my cell and he makes a comment about me being a Human Rights activist in a mocking tone then tells me he will think about the change of cell and tell me in the morning – he didn’t.  I worried about it all night, because had a bad feeling I would have a meltdown in the morning – which I did and are really horrible.  He purposely denied my request and kept me guessing to exert his authority and disempower me – and it would have had even more impact if I didn’t understand psychology of abusive power relationships.  so I’ll be making a complaint to police about it.  That is the sort of person who SHOULD NEVER BE in a position of power over others.

Got to have a shower at around 4.30am and had an early breakfast, 3 weetbix milk sugar & a milo.  Should have asked for something to take with me, didn’t realise how long it would be until I had food again – and I have diabetes issues if I don’t eat reguarly – especially having been up all night, when your body needs extra food.  I learnt that years ago, if you want to stay up all night at a party you have to keep eating throughout the night, its your body running out of fuel that makes you tired.

Reluctant to get in the van in the morning, they just turn up to take you, it freaks you out, I need to know what is going to happen to mentally prepare – fuck them!!!!

Van to Lower Hutt was really cold, 2 metal boxes in back of a van, 4 men sitting close together in one side and 2 women in the other.  First time I’ve had someone to talk to during transport, she was a regular visitor, knew the system well, but we avoided why we there.

We change to the NEW truck for trip over Rimutakas, it has about 10 metal boxes with individual windows – the staff were gloating that it belonged to Wairarapa and Hutt were jealous they didn’t have anything that flash.  Obviously they  have never spent any time in the back – I have got to get something done about the design or they going to have lots more people flipping out like me.

I refused to get in this van, he had to take my arm, but I did’nt resist past that, these metal boxes are only as big as your body and solid except for small windows.  Killer on your back, when you get jolted over bumps, there no padding its just a stainless steel bench about 1m square – FREEZING COLD AGAIN.  Not only cold thick metal there was a blast of cool air blowing down from directly above that you couldn’t get away from, it either went on top of your head or if you sat hard up against back it went onto your body and legs, which felt even colder.

Someone yelled out to guards to turn the fans off at about Upper Hutt, guards told him they were for ventilation, I chimed in that I wanted them off too, I was fkn freezing.

I got colder and colder – sooooo bad for my stress disorder – people under extreme stress are supposed to be kept warm.  Got angrier and angrier too.  When I got to Masterton refused to move – couldn’t move – I don’t know, but didn’t get out of van for about 5mins – they didn’t know what to do.  When I finally did because I thought they were going to get more physical two women were standing at end of truck.  I angrily asked WHAT ARE YOU – they were detectives, one of them said how she had heard about me in a nice enough voice –  I have got lots of supporters in the police – my response as I went past was a vicious GET FUCKED.  Was angry at the police for putting me through this shit, through all of this shit letting ACC manipulate them and refusing to investigate my complaints about them.

Was put in women’s holding cell at Masterton Court – it was fkn freezing as well, blasting cool air and a vent that went directly outside I could see through.  We had arrived about 10.30am from what I can gather, I wasn’t feeling very well coming over but was so fkn angry ignored it.  Got there was so cold put x2 on my ReFuSe tag I left two weeks ago.  They wouldn’t give me my shoes, eventually they gave me a museli bar at around 12pm – I had breakfast at 5am – they were told I had diabetes issues, it should be on my transfer notes I have to be offered food at regular intervals, they know the time I don’t – WTF.  Grrrr  That’s what those notes are fucking for – not a pile of disgusting offensive bigotry.

I sang Why Am I Arrested, Human Sewage and I wish I was dead with all loud drumming required on the walls – which went through the whole building I now know tehehehehe.  Some young people in other cells made comment about me ‘that protester’, also came to look at me through the window when one of them was wandering around.  Said something about me being Crazy – not me the crazy one dumarse – sometimes young people grrrrrrrr.

After singing revolting old white guy guard came to tell me I was embarrassing myself – trying to degrade me – oppressive and wanting to make me feel even more marginalised.  Again, lucky I know these sorts of tactics and can shake off most of their shit – but always a bit that sticks and makes you feel like shit.  Those are the comments that go on a loop in your head when you sink down into the well/darkness and consider all the good reasons you should kill youself.  I’m sure I’ll have to deal with that in the next few weeks – I’m sure there will be fallout from Thursday’s meltdown.

Then the arsehole said I was up next, ie first after lunch,  They called out 4 names before I STARTED LOOPING OUT – I was so distressed and so cold started losing it, started ticking by banging my whole body back against the door making a really loud noise, felt sooo good, calms me, its like a heartbeat and because its so violent on your whole body you can’t think of the anything else and it calms down the ‘panic attack’ you about to have – that happened later when outside.  Telling someone something is going to happen and then it not happening is another psychological torture method and what the guard in Wellington did.  An abuse and perversion of power – it is very common but should not be tolerated in people working in police etc. (Have found out since guards were pissed off with delays too, it was court staff who delayed my appearance – same court staff I gave shit to recently for not providing CCTV footage.)

Guard came along trying to get me to stop, turned the fan on full blast so I was even colder, turned the light on and off several times.  I was freaking out because of what had been happening and him lying to me, then he didn’t know what to do when I started freaking out more than he expected and the judge knows about it, cause the whole building can hear me.  If I’m causing that much fuss, then he has failed his job and EVERYBODY knows it.

I knew bus back to Carterton was at 1pm and it was 12, I got out at 1pm, with no time to walk to the bus stop 10 mins away.

My old public defence lawyer Susie turned up, which was a welcome sight as I was in full freak out mode pacing around the cell.  She spoke to the judge when i was up, told judge not-guilty and case now set down for 25 June.  They kept saying the police don’t oppose bail – because this is the third time I havn’t turned up for court and violated my bail conditions.  Of course police don’t oppose bail – that might be a bit much considering they put me here – they wouldn’t want to be reminded of what they have done grrrrrrr.  Police prosecutor in court looked ashamed, wouldn’t look at me.

After Susie spoke I made sure I had my say, without following any rules – except trying not to swear, it was pretty obvious I was really pissed off and really freaked out.  Not many people get to address the judge like I do but there was NO WAY I was leaving that courtroom without her knowing about Geneva Healthcare refusing me OT services and still not having a lawyer – which Susie told her anyway.  It was Judge Morris, I Know her and she knows my situation quite well, was still all I could do not to swear at her for allowing this to go on for years.  Like I said, I have never hurt anyone, they hurt me.

I reakon they left me until last so there weren’t many people in the gallery, they don’t like the public seeing me go through the system because I have no respect for the judge or the process and give them shit – using their own laws.  Quoted Magna Carta several times and reminded her I said two weeks ago when I saw here I wasn’t voluntarily participating in teh justice process until I had health care I need and lawyer I need.

They know at court making me wait stresses me out – they’ve accommodated this aspect of my disability before – why not now, when I’m in an even more stressful situation do they now ignore it?  They could have changed the order, they knew I was going to arrive the night before. grrrr, will be bringing this all up in my complaints to police AGAIN – that they will never listen to but I have to do because nobody else does grrrrrrrrr.

Told court staff to go get my painting and bag etc because I would not be going to the police station to pick them up like last time – I don’t want to see those motherfuckers at the moment – especially that dark headed bitch on reception.

Waited in the bail room, at least slightly warmer, but I was chilled to the bone.  NEK MINIT started crying uncontrollably, that heartbroken cry where you can’t even close your mouth and you dribble onto the ground in front of you as you sit there rocking, wailing, in such emotional pain.  Your heart smashed to pieces by what you are being put through for asking for health care and justice you entitled to, for throwing paint on a white ribbon banner after being assaulted and threatened by police  – plus knowing just how cruel and corrupt your government and so many others are.

Was let out, almost ran out of the court, got outside took two steps, stood there shaking, thinking – I had missed the bus, I was now extremely upset and would have to go to the park, find something sharp and spend the next few hours self-harming until next bus to Carterton.  Didn’t have anyone I could call to pick me up.

I became completely overwhelmed, my arms gave way & I dropped my paintings signs & bag just as my legs gave way from under me and I ended up on the footpath curled up in a ball on my side.  I managed to sit up and started rocking and wailing/crying loudly – in a way that would make my broken heart feel some sort of relief from what had just happened to me.  I wasn’t there long and a woman came along and one of the guards from court came out.  They were both very nice, the woman was from Te Hauora, I been screwed over by them several times, so I was scared of her, but when she offered me a ride home I had to ignore that and say yes – I had to get home – my homing beacon was on full strength and causes me huge stress if I don’t listen to it.  I wanted to be where nobody could see me melting down, it is so humiliating when it happens – it has only been this bad four other times in 15 years.

I couldn’t keep my mouth shut with the woman, I tried, I didn’t want to tell her anything, but all my biggest fears and worries were just tumbling out of my mouth, just like the anger does when I go ‘tourettes’.  I kept saying sorry, it was OK, it didn’t matter, I just wanted to go home etc.  She asked all the usual questions about a doctor etc, told her I don’t have a doctor and why – that I havnt’ seen one for over 2 years (1 for WINZ form last year doesn’t count).  Think she was pretty horrified at how unwell and unsupported I was, told her a little about not trusting Te Hauora.  I didn’t’ have any bread or milk at home, was crying about how poor I was and how tired I was of being poor and there of course was not point in living in this shit hole country. etc etc.  She gave me $20 I refused – I HATE CHARITY – she demanded I take it, I HATE PEOPLE WHO DEMAND I TAKE CHARITY, and from an organisation that has ensured I was taken advantage of and traumatised by a flatmate under their care, denied me care themselves and let me down when I was really unwell.  A friend in the community who worked for Te Hauora for a short time told me what they thought of me, that lots of people had tried to help me, I just didn’t want help.  FUCKING SCUMBAG FUCKING LYING PIECES OF FUCKING GARBAGE.  Same people I have made complaints about that were covered up and not dealt with you mean.  They a big part of the bigoted rumour mill round here.

I’m sure the only reason I had that horrendous meltdown is the cold, it was like being tortured.  It has left me feeling tearful and very very fragile, I don’t want to go out anywhere –  I can’t anyway I”m so broke.  I’m hoping I don’t get a backlash in a few days, sometimes that can happen and I get highly suicidal and all the oppressive degrading things staff did/said will come back to haunt me.

At least Susie and even Judge Morris acknowleged that I had been punished and suffered in custody – which is why of course I wasn’t prosecuted for breaching bail ($2,000 fine & 1 yr in prison is what they threaten on bail form for violations).  Given I had sent them an email Thursday last week saying I was both mentally incapable due to my disorder and refused to attend, asking them not to make me into a criminal – they did anyway.

One thing pissed me off about Te Hauora lady, she spent at least 5mins telling me to take medication for my anxiety – WTF.  Terrorised women are being put on medications to deal with teh inhuman and unsafe living situations they are being forced to endure by the government.  Its sick, deeply deeply disturbing, immoral, unethical, unprofessional and ILLEGAL.  I also explained I was a rescuer and helped lost souls pass over to the light, I was told by spirit not to take medication or it would affect my ability to protect myself spiritually.  She didn’t say anything after that – Maori understand spirituality a lot better than Pakeha thank God.  They have a lot more respect for spiritual people as well – most Pakeha ridicule us – sad considering our entire legal system is based on christian principles of fairness justice and us being all the same before God irrelevant of our wealth and status on earth.

I’m having a chill out day today, my daughter is taking me out for brunch for mother’s day which will be nice.  Will try and stay in the present and not feel bad about the fact I can’t afford to take myself out for brunch or anybody else.  I will barely be able to afford to buy my daughter a present, its her birthday soon – my life would have been so different if I had health care and help I needed to return to work after I was raped.  Fkn scumbag government, fkn terrorist murderers 🙁

My back is hurting, so trying to not do anything more to strain that after the trip over Rimutakas in truck, feels like a lower disc wants to move and I know what that means – not being able to sit down at all, only being able to walk around slowly or lay down and in agony for days.  Its happened before.  Obviously justice transport not designed for older people with aches pains & injuries.

People ask me why do I do this to myself, I can assure you it is actually helping me, it is very hard being really unwell at home on my own, its far more stressful than protesting and getting arrested.  I get food I don’t have to pay for, hot drinks, to talk to interesting different people who understand more about failings of mental health system than anybody else – police.

Some police are OK & actually respect what I am trying to do with my mental health advocacy work –  trying to get a better journey through teh system for people who have traumatic stress disorders.  I can assure everybody I DO NOT TRUST THE POLICE and nobody reading this should either – their are some real nasty pieces of work amongst them & most/all of the others will cover it up.  As nice as some are there are others who are fkn aresholes and they all sit back and allow shit to happen. Wouldn’t even be surprised if the cold transport was for my benefit – I would assume the new truck would have had heating.  Police trying all those psychological torture tactics perhaps – when constable French said you’ll see how bad police can be, is this what he meant?

 

Power Junkies

 

What becomes of my broken heart
The rage and fear you cruelly start
You proved that swastika justified
Stood up in court and you lied

The bruises on my legs and arm
For weeks remind me of your harm
All I asked for was a sorry
Promise peace so I don’t worry

The flashbacks haunt me of that day
They make things worse, won’t go away
You pledge white ribbon you do follow
You swear an oath to Queen and bible

Pakeha, Maori, Africaan
The race of men who caused me harm
I’m a child of this earth these stars
You left me with more ugly scars

Junkies rule the marginalised
The poor, oppressed, the most despised
Keep up their bullying over years and years
Follow cruel elites, profit from tears

And one more thing you oughta know about me
I DON’T TAKE NO SHIT FROM NO POWER JUNKIE

enD

Dedicated to Judge P J Butler, Sgt Q Hoera and Const Allan French, also 2 security guards at high court who assaulted me.

Took OIA request to find out all trespasses

All the places I am ILLEGALLY TRESPASSED FROM – those people and organisations who are terrified at seeing the face of those they terrorise in the darklands of this neo-liberal hell hole of a country.  Had to do a Official Information Act request just to get them

Email to John Key – I am an Activist NOT a Terrorist

Good day chalking in Wellington, John Key was out on a walk so I vented and bollocked the fk out of him – called him a fkn murderer stopping people getting mental health services, stopping people from having safe houses to live in, etc – was really hard for me as I was assaulted by his security officers last time.  Was threatened with arrest again by one of them but stood up to him, told me to leave the area, told him NO WAY, PUBLIC STREET AND I WASN’T MOVING AND I HAD EVERY RIGHT TO SWEAR AT HIM!   When I went into question time about an hour later, same officer escorted me and sat directly behind me – its quite amusing now cause I know I’m never going to do anything while in the house, CAUSE I’M AN ACTIVIST NOT A TERRORIST – never have been violent and never will.

Below is the email I sent to John Key in response to today, I like to reassure him, as I know he’s a frightened bully and a coward.


From:
Sent: Tuesday, 29 November 2016 8:58 p.m.
To: John Key
Subject: I am an activist not a terrorist

Hi John,

I swore at you again on the street today and got threatened with arrest by one of your security staff.  If you can’t handle the language of New Zealanders who are being persecuted by your violent, immoral, criminally negligent policies then you shouldn’t be in Parliament.  I’m a NON-VIOLENT activist, doesn’t stop me venting at you verbally and I never threaten harm, unlike your bullies threaten me – I just tell you what you are doing and that I don’t like it.

Reason I ‘lose it’ when I see you, is you have not been listening to me and 100,000s of other struggling New Zealanders – especially those of us who are disabled by abuse, trauma and neglect.  Not having a safe home to live in is abuse/trauma/neglect; not getting the health care I am legally entitled to from ACC etc so I can heal from the rape and return to work is abuse/trauma/neglect; not listening to what I know about the science behind violence, addiction, suicide and stress disorders is abuse/trauma/neglect; being told I am abusive when I politely tell my MP Alastair Schott how bad ‘the system’ is, is abuse/trauma/neglect; not listening to what I know people are entitled to under law & science is abuse/trauma/neglect; having me dragged through court repeatedly for legally protesting in a non-violent way is abuse/trauma/neglect – I could go on…………..

You were the one who stopped my ACC care illegally in 2009, you ordered ACC to dump 10,000s of claimants and you didn’t care how they did it either.  Of course I am angry with you A LOT of people are, but they don’t tell you and your supporters to their face, like I do.  I despise all people who vote National and if I get the opportunity I tell them that they are the ones who vote for the ongoing cruelty – although from watching the house today I’m not sure if your party are even mentally stable any longer.  Only time I cried today was when Nick Smith was going on about how great government have done with housing?  NOT ONE THING he said would help me get a safe house to live in in Wairarapa – as we don’t have state houses here and proceeds from Trust House (sick sick name) all go to extravagant sports and arts projects and business.  How do you expect a person with CPTSD to heal if they aren’t in a safe place – it is impossible?

This email gives John Key the authority to view my ACC, police, justice and medical file – I have nothing to hide, as I’m sure your security team will already know.  Speaking of them, they didn’t like it when I called them aholes as I was leaving the Parliament today, I realised later that was retaliation for the officer who threatened me when I swore at you in the street – which you deserved – please tell them that.

Lots of people don’t like you, but you’re not the worst in Parliament, Bill English, Nick Smith, Christopher Finlayson, Judith Collins, Anne Tolley, Paula Bennett, Simon Bridges and Amy Adams are.

Have you worked it out yet, 30 yrs of neo-liberal terrorists advancing rich, disadvantaging middle class, persecuting disabled poor, driving decent jobs overseas, cutting state housing, selling off public infrastructure, privatising everything possible and putting in hands of greedy immoral people, cutting health care and making welfare SO SO SO degrading has bought us to now and the seething angry resentful ignorant bigoted country we have become.  Trumped again.

Now if I could get the ACC care I am entitled to, or any other of those mental health services you go on about – that don’t actually work and aren’t actually there for disabled people like myself, then maybe I wouldn’t be so angry and ‘lose it’ when I see you.  Before I was raped and treated like human sewage by those agencies who were legally supposed to help me, I seldom swore and definitely not in public – you and your ignorant supporters have driven me to this.

I chalked some things on the footpath outside Supreme court and across from Parliament for you.  A poem called You’re Cruel I’m Blamed (Google it, check out my website jrmurphypoet.com) was very apt after what your security officer said to me.  Plus I made comments about neo-liberals being terrorists and how the judiciary was participating in this cruelty and criminal negligence – that there were laws in this country that say you cannot advance rich at the same time as disadvantaging poor, you are not allowed to destroy people (like you have destroyed me) and everybody must have access to justice, which of course I don’t – unless I get charged with legally protesting, which I will get off AGAIN.  I can only imagine the amount of money I have cost since I was raped by a badly abused child who didn’t get help he was entitled to, would have been lots cheaper to provide me the treatment care and rehabilitation I am entitled to under ACC, health, disability, criminal, imperial, human rights and bill of rights laws.  As you know from my website me and 1000s of others already know the solutions, YOU CHOOSE not to do them, sad when I know this could be an international business that could bring peace to so many countries.

I find it EXTREMELY offensive when you (and Nick Smith today) wear the white ribbon when you know you create 80% of this violence by traumatising and degrading people.  You refuse to provide professional and adequate mental health services and facilities, you refuse to provide safe housing (mentally ill have had housing issues for years – and majority of people in state houses were from troubled homes.)  You and your neo-liberal terrorist friends created this, then you make money out of it – ahhh THE VIOLENCE INDUSTRY.

One day you will realise just how much suffering and harm you caused so many people in this country, who did not deserve it.  When history looks back at your time as Prime Minister it will be in disgust at what you and your supporters/controllers did.  Karma

Sincerely

JR

Civil Society Actor

PERSECUTED WHISTLEBLOWER

HUMAN SEWAGE LIVING IN THE DARKLANDS

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.

Hurry Mr Ombudsman

Please hurry Mr Ombudsman
Rescue me from this red tape war

Please hurry Mr Ombudsman
I’m on my knees at heaven’s door

Please hurry Mr Ombudsman
This war is such cruel hell

Please hurry Mr Ombudsman
There is evil down in this well

Please hurry Mr Ombudsman
Get me off this torture wheel

Please hurry Mr Ombudsman
I just want to work and heal

Please hurry Mr Ombudsman
This situation is so NOT RIGHT!

Please hurry Mr Ombudsman
Before my disorder wins the fight

Please hurry

Jayne

eNd

I had been begging the Ombudsman for help but they did nothing except call the police when I phoned on 1 March 2011.

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  

 

 

                                   

Social Security Legislation Rewrite Act Submission, all punitive changes illegal!

If you are reading this and want to make a submission please follow the link below, last day today, every voice counts.  Below that is my submission if you would like some ideas.

http://www.parliament.nz/en-nz/pb/legislation/bills/00DBHOH_BILL68669_1/social-security-legislation-rewrite-bill

SUBMISSION ON SOCIAL SECURITY REWRITE

SUBMISSION ON SOCIAL SECURITY LEGISLATION REWRITE BILL

JR

Early last year I was doing some research for my own legal issues when I came across copies of the Social Security Act and noted with distress the long list of amendments to this piece of legislation.  Now I see the government have become ashamed of this list and want to tidy it up.  Perhaps so it isn’t obvious to future generations how the rich and powerful in New Zealand/the world persecuted the poorest sector of our society, using neo-liberal economic policies and radicalised political beliefs they knew were harmful. 

 It is common knowledge that neo-liberals deregulated the finance industry, removed tariffs and implemented GST, cut taxes to the rich, etc etc.  They created unemployment and a low wage economy, then went about creating propaganda that it was the fault of the unemployed for their situation.

 I am an active protester in the area of mental health services for mentally injured abuse victims and mentally ill.  I am being persecuted through the justice and health system for legally protesting and not treated with impunity as required by the United Nations, as a civil society actor.  In the work that I do, which includes a significant amount of law I have been introduced to Imperial Laws.  Firstly Westminster Statute 1st, Common right be done to all, rich as poor and Secondly Magna Carta, No man shall be destroyed and every man shall have access to right and justice.

 It is quite obvious from the number of changes to the Social Securities Act that were designed to degrade and intimidate that these changes are supposed to be punitive against poor people.  At the same time we pass laws that advance rich people like those passed to advance The Hobbit and Hollywood multinationals.  This IS NOT COMMON RIGHT BEING DONE TO ALL – this is rich being advanced and poor disadvantaged.

 Throughout history mankind have shown they cannot control their love of money and power, to the detriment of society, that is why we have laws.  That is why we live in a civilized society and democracy, in an effort to control this propensity for abuse of power and strong attacking weak.  This is no longer happening, those with money and power have created extreme suffering, that is leading to social issues, violence, addiction, suicide, etc.  Their radicalised political belief that those who don’t work are bludgers and a drain on society is immoral and an act of discrimination in my culture.

 These same people who don’t work are not given the opportunity as cuts to funding for professional treatment care and rehabilitation mean there is no support.  ACC and mental health do not use professional rehabilitation models, I know this for a fact, I studied this topic at Massey University.  All the talk about people with disabilities being in work, are just not a reality in a neo-liberal capitalist society.  Jobs need to be created for disabled people to use their talents, within their capabilities and create value in society.  So many disabled people with so much talent – especially with people who have mental health issues, many highly intelligent and being left to rot.

 The focus on work is offensive, while ACC, mental health and others ensure people are not treated, protected, cared for and rehabilitated as required under the IPRCA.  Also as required under Health, Disability, Criminal, Human Rights and Bill of Rights Acts.

 Again I would point out it is the fact that at the same time as resources were being taken from the most vulnerable and poorest people, those who were the richest were increasing their wealth according to data.

 I will say it simply – you are not allowed to use the law to advance the rich and persecute the poor – people must be advanced, or not, in a common way.  As I know in my case this is happening I understand the law to be interpreted that I no longer have to respect or adhere to the law under the Westminster System.

 The consolidation of this Act is immoral and illegal.  I am also quite sure the government will bring something more degrading in for beneficiaries, even though they say they are not going to – they always do – it is modern day oppression of mostly disabled citizens.

 That people in power, with access to scientific evidence about the social dysfunction etc poverty and inequality create, continue to harm vulnerable minorities makes me want to be ill.  It is a gross miscarriage of justice that is somehow being legitimised by the media and all neo-liberals and worst of all by our justice agencies.  We have Criminal Laws and Bill of Rights Act that few people can use to protect themselves against cruel immoral radicalised political terrorists who work for government organisations.  Under the Terrorism Suppression Act, what neo-liberals have done over the past 30 years constitutes terrorism, especially in the area of destroying mental health infrastructure and causing serious harm to a significant targeted group of the population. 

 I also have Christian beliefs and know it is EVIL to advance and protect the rich and powerful, while they degrade, disenfranchise and persecute the vulnerable poor.  Westminster Law is based on Christianity, so is our monarchy and I expect to have New Zealand’s cultural, religious and ethical beliefs respected and acknowledged in this debate/law change.

 Now I have pointed out rich people can’t use the law to harm poor people I expect there will be a police and GCSB investigation – perhaps a Royal Commission of Inquiry.  That this bill will not progress and there will be urgent legislation enacted to remove any parts of the Social Security Act implemented since Rogernomics/neo-liberalism that has harmed the poorest of citizens.  That of course would involve a return to welfare and housing conditions prior to Ruth Richardson.

 All these punitive laws that were made are illegal and we must (now we understand what has happened and how it happened) strike them down and return to the law prior.  The poorest New Zealanders must be advanced in common right as rich people were, to do anything else is uncivilized and against Westminster Law and democracy.

 I wish to speak to my submission in person.

 June 2016