Tag Archives: disability

The Amazing & Kind Jacinda Ardern is a marketing phony

Was so disappointed with the budget- even worse than I thought it would be, wish I had money to get to Wellington I would be chalking every day! Grrrrrr  Singing, reciting poetry and protesting.  these filthy neo-liberal Labour scum – I knew they were bad but this is worse than I even imagined????  Where the fuck did the 1800 police come from???? I never heard that mentioned once coming up to the elections, I heard lots of promises about mental health services that they desperate not to provide.

What planet are these people on, they are continuing to grossly violate international treaties on the way you treat disabled and poor people.  They are allowing a grossly unjust and abusive economic system replace constitutional law.  The people who believe in it are radicalised extremists – they infect our media, our political institutions, our business world, our banking sector.  They leech off us peasants and then blame us when they screw up.

No reprieve from punitive welfare requirements, no reprieve from housing crisis.  It just gets worse and those in power continue to trivialise it and perpetrate it.  Karma coming, end of days I reakon from where I’m sitting, not long now before armageddon? or whatever it is going to be.  They promise all those greedy scum will be gone, so hopefully.

This can only be a good thing as people will realise this government weren’t going to save them and they have to get out on the streets and start fighting for their rights!

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?

 

Budget Policy Statement 2018 – New Zealand

SUBMISSION BY JR Civil Society Actor, on NZ GOVT BUDGET POLICY STATEMENT 2018

 

Yet another submission to government that I know will not be considered because it does not fit the neo-liberal agenda and demands immediate action on the terrorism of an entire sector of society after 30years of this illegal, immoral and irrational economic model.

 

It has been my contention for many years it is government PRIORITES that had become illegal/immoral by violating our most basic laws of Westminister Statute 1st – Common right be done to all rich as poor, and Magna Carta – no person shall be destroyed and every person shall have access to right and justice. They also violate Commonwealth Charter, NZ Bill of Rights, ACC legislation, disability, human & civil rights laws and multiple SIGNED United Nations declarations. Then of course there is the violation of Christianity -which our laws are based on and every sociology and psychology rule about causes of violence & social dysfunction.

 

Government kindness was

Never an OPTION

And

Cruelty was always

ILLEGAL

 

It is obvious people in power have started to realise those of us impoverished and persecuted by this economic terrorism aren’t going to take any more of it and our appalling statistics in child suicide, homelessness, addiction, violence, corporate greed, inequality etc is proof. I am sure there will be many others like me demanding to get gross injustices we have experienced addressed and compensated in a Court of New Zealand. I am sure this is why you are so focused on CHILD POVERTY and not dealing with the damage the past 30 yrs of adult poverty has caused – which our mental health stats reflect (and international drug companies profit from/along with justice system). You don’t want to deal with all those abuse victims who driven mad due to lack of services they entitled to – which included safe homes to live in and decent jobs if they older. You don’t want to deal with those of us demanding compensation for the torture and suffering we have been through – demanding justice.

You have mentioned child poverty 14 times in this one document, every one of those was an insult to the parents of these children who are obviously living in poverty as well. Of course elites like to pretend these parents are all losers, drink and drug and don’t care about their kids – which is NOT TRUE. Although many of the parents that are dysfunctional in this way are abuse victims themselves and never got the help they are entitled to and needed under ACC/disability laws/disability strategy/professional rehabilitation models to heal from their trauma and STOP the cycle. I know this for a fact because I live this grossly unjust nightmare – where media and government continuously say they don’t know what to do yet allow ACC to deny disabled mentally injured abuse victims our entitlements. I have spent the past 15 years since I was raped understanding the violence industry, law, human rights etc – I’ve been rotting on welfare, I have the time and I work very long hours and weeks without a break.

 

You refer to the Governments Budget Responsibility Rules, which I am sure National party have been violating for the past eight years, that makes me nervous, cause it indicates you are going to continue to give BUDGET constraints, as an excuse to deny disabled people safe stable homes to live in NOW! (People in Carterton who know how bad housing crisis is here was asking why aren’t govt bringing in the army, prefab homes like they had in Christchurch?)

 

Addressing housing and infrastructure crisis over years, while continuing with extreme levels of immigration is grossly irresponsible and illegal under Imperial Laws. Immigrants are driving New Zealanders out of their homes, businesses and jobs – you have made that legal and any sociologist will tell you it creates racism and violence. Humans have been fighting off invaders that take their most basic resources since BEGINNING OF HUMANS. Having this sort of environment will be triggering the basic instincts of all those affected – another reason people are becoming violent, cruel, addicted and committing suicide.

 

I’m not a social deficit and mental health infrastructure was purposely destroyed by Annette King and the Labour party, people thrown into the community without professional care & safe stable homes to live in. Everybody knows this, it is common knowledge, it is also common knowledge many mentally ill people caused significant harm and ended up in our justice system instead. I know for a fact as psych hospitals emptied, prisons filled and our judiciary were completely complicit with this gross miscarriage of justice against an entire sector of society. I have seen it myself watching court for just over an hour, 12 cases, four of them identified as mental health, four more I identified as mental health (ie violence as a result of Complex PTSD and severe stress) and four more deserved to be there.

 

I find it extremely threatening that government would want to invest more in police, when they are the ones who currently leading the way in persecution of mentally injured abuse victims and mentally ill. Why would you need more investment in police if you are going to help poorest people get safe stable homes and jobs? Or are you in complete denial at the inhuman environment people are being forced to live in – a living and social environment that satisfies Maslows Heirachy of Needs model (a model I satisfy on no levels – which is why I have been unable to recover from the sexual abuse and neglect trauma) which is why I am highly suicidal, self-harm, bulimic, attachment disorder, tick, have Complex PTSD and live rotting on welfare when I am an intelligent person treated like human sewage.

 

I have seen a new department start about evidence based policing, you managed to get something like this going in the first 100 days but you can’t address the 1000s of us who make complaints about police that are ignored. I have written to several Ministers telling them about ongoing police intimidation and violence – my own MP Kieran McNaulty emailed me recently and told me there was nothing he would or could do about it. Many of my activist friends in area of ABUSE have heard the same thing from those in the government they were relying on for justice and compensation. (NOTE: compensation that would see them at the same economic level of their peers, which they were unable to realise due to impacts of their abuse and criminal neglect.)

 

ECONOMIC AND FISCAL OUTLOOK

 

The admission in such an important and formal document that some New Zealanders have not received the benefits of economic growth using neo-liberal theories is an admission previous govts have violated the Westminister Statute 1st and Magna Carta. I am sure many in the legal profession would be aware that when a poor peasant has these rights to protection and safety illegally removed by rich powerful people THEY NO LONGER HAVE TO FOLLOW ANY LAW – the contract between rich and poor that created our justice system has been violated. Our ancestors were quite aware of human behaviour and knew allowing rich unbridled power over poor only ever resulted in suffering and violence, hence the increase in violence in our society, people with nothing to lose. Who now get more of their basic needs met in jail than in the community – although I do think this was designed like this purposely to support a corrupted cruel immoral and criminal penal system & create jobs (where many had been driven out of the country to China and poorer countries with few human rights).

 

It terrifies me with the focus on FAMILIES as it purposely limits any support for some of the most terrorised and persecuted members of society after 30yrs of neo-liberal terrorist policies, disabled people without children or whose children have left home. (NOTE, neo-liberal policies are terrorist acts as I have read the Terrorism Suppression Act and you are not allowed to impoverish large sectors of society for a belief system.)

 

Government acceptance and happiness with a 4% unemployment rate is grossly unjust neo-liberalism at its worst. In one breath you are saying you want to increase trade and employment, while in the next you are saying you’re happy with 4% unemployment. It is obvious if free trade was going to FIX unemployment in New Zealand it would have happened after the Chinese FTA. I find it interesting the number of unemployed is about the same number as disabled people and it is true from my experience, those who can’t get work most often have disabilities.

 

In recent OPINIONATED news from NZ Initiative (ie Business Round Table terrorists) the appalling statistics of people with injuries/illness/disabilities who now don’t work compared to pre-neoliberalism was offset by comment by AAAP members, a group of social activists. There was no discussion with disability advocacy groups, Workbridge or WINZ employment consultants as to the facts of what happening.   NZ Initiative implied these disabled people worked through their impairments but now they are too lazy too. I have attended many meetings by many different organisations and the fact is employers refuse to employ disabled people due to cost and OSH requirements.

 

It makes me very sad to think the massive increase in productivity in New Zealand was mostly due to disabled people being dumped from the workforce. I have never met a disabled person that isn’t desperate to work – at something they are capable of doing without suffering and being bored into suicide (like they do in China). I have studied health disability and rehabilitation at Massey University, the book Person to Person outlined the plight of disabled people over decades – we are the ones last to be employed and first to be fired.

 

Any employer will hire something who can work faster than another – that is why orchardists prefer to hire healthy strong Fijians on their orchards rather than less able New Zealand workers. With the mass immigration government are continuing (at their peril) it is quite obvious disabled people will continue to be denied work, safe stable homes and a dignified standard of living.

 

The obsession with education in neo-liberal countries has got to stop, we cannot all be what we want and trying to perpetrate that illusion is one of the reasons we have such a high rate of youth suicide. Someone has to clean toilets and make 100s latte’s every day for years. If we were all lifted out of poverty by education then who would do this type of work.

 

That the government are going to stop bringing in low skilled workers and continue to import highly skilled wealthy people is a NEO-LIBERAL ABOMINATION. So what you are saying are New Zealanders, especially our young are going to be doing the menial, low paid, low skilled, boring work, while foreigners are going to get the good, interesting, well paid jobs. This appalling aspect of neo-liberalism HAS destroyed the entire fabric of our society and violated so many cultural and criminal laws it still astounds me it is allowed to continue. Of course I am resentful when a foreigner moves to Carterton with a good job I could have done if given the opportunity – if my kids had been given the opportunity. Of course I am prone to Xenophobia – ie hating all immigrants and seeing them as a threat to my survival – because they are – its not their fault of course, its our corrupt, cruel and incompetent governments fault. Same people who hold themselves up as knights and dames with high moral fibre. Watching the hypocrisy and these gross injustices every day is the main reason I want to die every day as well – as I have no hope while this is not acknowledged and rectified IMMEDIATELY – not in four years!

 

Treasury are corrupt – I know that for a fact and their forecasts that migration will drop from 72,400 to a long-run average of 15,000 by 2021 is absolutely ridiculous and not based on any FACT whatsoever. The world’s population is growing at an alarming rate, millions of people displaced by war, lack of water/resources etc requires those places like New Zealand that can sustain humans are going to fill up faster. Also many people are trying to escape the violence of other neo-liberal controlled countries more progressed than ours, like USA – Americans are high on immigration list. Sadly they are bringing with them their vindictive, self-righteous and cruel cultural beliefs about advancing rich, profiting from everything possible, including those they put in jail – the American prison system is the most corrupt, cruel and grossly unjust in the world today according to multiple documentaries coming out about it.

 

I did not see one mention of the appalling state of justice system for disabled/mentally ill and poor people who are now having their Magna Carta rights violated – as I am – I have been unable to get a lawyer to protect me from civil rights violations, ACC illegally withholding my entitlements and harm by police etc FOR YEARS. Apparently civil legal aid lawyers are almost impossible to find, human rights is considered civil law, which I find extremely disturbing considering the level of violence and suffering people like me are subjected to. Only those in the legal system would understand just how bad it is – because our bias media mostly refuse to address or report on it. While Justice Winkleman makes speeches about how poor citizens up against powerful government institutions are having their rights to justice violated. She writes about it and speaks about it – but this gross miscarriage of justice goes on unchecked. I have written to her several times – I am not even given the respect of a reply and the Secretary for Justice just trivialises or discredits anything I say about gross violations of law.

 

When considering what priorities the government should have over the next term I would suggest beginning at those points where people’s rights are being violated are the most important. I know for a fact disabled people must have access to social housing in a society like New Zealand. All resources currently devoted to infrastructure or commercial construction should be moved to urban development IMMEDIATELY. (Personally I think a percentage of private construction resources should be diverted as well.) If the government did this then the immigration issue would not be as socially damaging as it is now. It is people losing resources to rich foreigners that is causing the hatred and racism. No person should be allowed in this country unless they have somewhere to live AND NO NEW ZEALANDER SHOULD BE KICKED OUT OF THEIR HOME by an immigrant.

 

Imagine the social repair to our society that would happen if we were allowed to help each other. With all disabled people in state provided housing (that could be with state loans) it would free up property for others who need it, it would bring down rental costs dramatically (which I know rich people, neo-liberals and National party right DO NOT WANT). It would take the profit out of property and stabilise the accommodation market. Of course it would cause a huge financial crash which would have to be managed by banking regulation – but then it is banking deregulation behind so much suffering, waste, greed and pollution of our entire planet. Money that was created from thin air in the form of a loan to someone who did not work for any of it. (This is why ANZ bank now funds so much elitist sport, cause they have most of the money – it overwhelmes me to think how much money banks take out of our economy in the form of interest – how much suffering they create.)

 

For 30 years taxes to the rich have been reduced while taxes to the poor continually increase. When the government said they weren’t going to reinstate higher taxes to the rich I was horrified.   They have all the money, they have taken all the money, they are the ones using to harm people as well, they gloat about their wealth everywhere in our media, they are grossly wasteful while others are forced to be frugal to the point they can’t participate in society or fulfil cultural beliefs (eg can’t go home for Xmas, can’t go on holiday cause can’t afford it).

 

Every time you go on about child poverty and delivering more money to families with children I cry. Every impoverished and disabled parent is humiliated and denigrated with this patronising insulting elitist ‘propaganda’ – it is the parents who are poor, not the children. The propaganda about poor people is rife and based on no scientific understanding of what causes poverty and family violence. New Zealand has extreme rates of family violence in New Zealand because of the radical application of neo-liberal theories – academics have spoken about NZ going from one of the most protected and controlled countries in the world to THE MOST unprotected and free economies. A fact that saw 100,000s families broken forever as people were forced to move to Australia and other countries to find work – while the rich got richer and the disabled poor who couldn’t leave were persecuted (yes I have a dictionary and know what the word means and it is appropriate to use).

 

When I was a disabled single mum with children, after being hurt in a violent sexual crime, I was much better off than a disabled single woman with nowhere safe and stable to live, forced to go flatting with people who exploited, victimised and terrorised me (as well as attempting suicide and them and me getting no help). As my children came of the age to leave home it was horrendous for me and them – I had lost my own home after I was raped and couldn’t return to work or my law studies – as ACC refused to provide entitlements.

 

Knowing I am a destitute disabled woman living on welfare in this hell hole of a country, is why I continuously battle suicide, as I have absolutely no hope for the future. The government even put out advertising saying if people didn’t save for their retirement they wouldn’t have enough food to eat – did anybody think they were showing these advertisements to disabled people who had no way of saving for the future – they don’t get enough to live with dignity now.

 

Also families being better off by $66 a week – is completely insignificant in the scheme of raises in rent and other costs that can’t be avoided, including the extreme cost of food – $5.50 for 500g butter, $25/kilo for fish – cause we have to compete with rest of world & what they will pay. Then of course there are the costs we now face of education, health and justice – all introduced by neo-liberals to cut taxes to the rich and impoverish the poor.

 

I know about disability, I know about laws related to disabled people and their rights, I have read the disability strategy I know for a fact disabled people’s rights to participate in society are not upheld, neither are their rights to housing and WORK. Please refer to my website SOLUTIONS page about what should be happening in the area of rehabilitation for mentally injured abuse victims. www.jrmurphypoet.com

 

Please refer to my regional rehabilitation centres idea and regional mental health facilities – we must heal those who have been damaged by the past 30years of neo-liberal terrorism because WE ARE NOT going to be ignored. Germany recognised their human rights violations and what they had done to Disabled, gypsies and Jews, they gave compensation – what has happened in New Zealand is very similar (except many were driven to suicide & profited from in jails) and those who been harmed will demand this injustice is addressed and rectified – I demand it.

 

Government should have NO DEBT WHATSOEVER they should be in credit and loaning it others. The idea that any group could run up debt by cutting taxes to the rich then forcing poor top pay massive amounts of interest to foreign banks is extremely corrupt, incompetent, negligent and immoral. No council should have private debt either, user pays is part of neo-liberalism and DOES NOT WORK. Places like Masterton spent $millions of rates on doing up sports grounds, parks, business centres etc – while illegally not doing anything about things like sewerage infrastructure (eg Masterton mayor Bob Francis).

 

HOME OWNERSHIP IS A CULTURAL RIGHT that is currently being violated. This began during Gov Grey era 1900s, as I have done history research on Grey and Small Farms Settlement at Greytown. Grey knew then what landlords were capable of, after seeing what had happened to tenant farmers in Ireland during potato famin. He wanted peasants to have opportunity to own/work land. Personally I prefer the Maori model of land ownership, as caretaker of land and I do not believe any corporation of foreigner should EVER own land in this country. Making peasants tenants is a neo-liberal terrorist ideology that, like I said, is a violation of our cultural rights. The current level of foreign takeover of our resources HAS GOT TO STOP – and the lies that this is imperative for New Zealand to survive HAS GOT TO STOP AS WELL.

 

I disagree with the priorities in the 100 day plan, as a mentally injured/ill suicidal abuse victim, rotting on welfare in unsafe unstable private housing with no health care and having my human and civil rights violated NOTHING in that package has helped me IN ANY WAY.

 

The idea of yet another inquiry into mental health, when we all know what the problems are is insulting to my intelligence and 15 years of fighting for the treatment care rehabilitation and justice I am entitled to under the law – both under National and Labour governments. We don’t need to restart the Mental Health Commission we need to provide professional care using professional health and rehabilitation models – we need to follow the law and science, not the experimental and harmful system we currently have.

 

We do need an inquiry into corruption by drug companies in the area of mental health and the forced drugging of mentally injured abuse victims (who being refused professional care) and mentally ill. The drugging of people terrorised by poverty, housing and food insecurity. I know Mark Unsworth is an ex-drug company executive and I believe was sent here and set up his PR business in 1993 just to ensure drug companies made profit from those the government was about to impoverish and terrorise PURPOSELY.

 

I’m sorry I can’t go on, I have become really unwell and can’t stop crying, the injustices me and so many other neglected disabled mentally injured abuse victims are being subjected to by government and our communities overwhelms me.

 

I am unable to proof read what I have written either, so I hope it is OK, please ignore spelling and grammar mistakes. I am sure I have not covered everything I want to say but I do always hope I will one day get a voice with those who have power in government to change the gross injustice happening to me and many other women children and men.

 

Kia kaha and Aroha to us all

 

JR

Civil Society Actor

 

19 January 2018

I DEMAND Donna Howard NZ POLICE deal with police assault – TODAY – #16DAYSOFACTION2017

I will take the focus off NZ police violence against me and others during my current protests if Insp Donna Howard DEALS WITH what happened, I get justice & to meet with the two officers.

THESE ARE MY COMPLETELY JUSTIFIED DEMANDS

The officer who assaulted me gets counselling, a written warning and a record of it on his file.

The officer who threatened me with future increased  violence, gets a written warning and has it recorded on his file.

They have to meet with me in a safe place so I can tell them what they did to me and how it affected my life.

I demand an apology and assurance there will be no future violence towards me if I have any future dealings with police in my Civil Society activism work.

I wish I could slap their faces for what they did – BUT I DON’T HIT MEN AS A RULE!

A sczophrenic man once told me DON’T TRUST VIOLENCE – and I don’t – shame the police and New Zealand government don’t hold the same high standards – like those ones in the bible they swear an oath to as an agent of The Queen.

I will put my focus about violence towards women back on the shoulders of New Zealands leaders – exactly where it belongs.

I have a traumatic stress disorder that is compounding if I DON’T or can’t deal with stressful situations in my life it makes my  mental health much worse.  Getting an apology and assurance of no future violence from those two officers IS DEALING WITH IT – while it remains un-dealt with it causes me significant stress and harm – that fuels my suicidality, self-harm, bulimia etc.

Please make it stop – that’s all I’m asking, please take at least one serious stress and worry out of my life.  Please make me stop thinking every time I hear a car in my street it is police coming to get me.  Please stop me from being too scared to protest about abusive mental health services, poverty and injustice.

As a woman I am deeply disappointed in the conduct of Insp Donna Howard, IPCA and New Zealand’s most senior police officers who have allowed this to continue – while promoting White Ribbon propaganda.  It breaks my heart every time I see a piece of marketing about violence towards women & then it makes me really really angry!

Then I can stuff down all the fear I feel and go out in the community and tie a whole lot of white ribbons outside the police station, or chalk a fence or the footpath, or put up a sign I have painted, or put a poem on youtube……

Health & Disability Commission – Terrorists of NZs disabled poor

Am currently formally retrieving information from multiple agencies for my upcoming court case, those who have refused to resolve or do anything about government health agencies refusing me professional treatment and rehabilitation or ensuring necessaries of life – ie a safe stable home to live in.

Thought I’d post the email I sent them today – HDC have already tried once to not provide the information by saying I hadn’t explained myself clearly – which I had.  Its one of the techniques they use to stop disabled people from progressing serious complaints – so watch out if you do use HDC, they will do anything they can to stop the process and make you feel stupid.

Sent: Sunday, 5 February 2017 9:53 a.m.
To: Margee Do
Subject: Re: OIA Request

Dear Ms Do,

Due to impairments related to my disorder I cannot go over the years of rejections Health & Disability Commission subjected me to, when I knew my rights, was being persecuted and denied professional health and rehabilitation models/services by multiple agencies.  However can I please have a letter from the Commissioner stating which organisations I complained about on what dates and that NONE of my complaints were ever resolved.

My HDC advocate from Nationwide HDS is sending me everything she did over the past decade to try and get me professional services without success and it will advance my legal case to have Health and Disability Commission confirm they refused to believe any of my valid and serious complaints even when Nationwide were unable to resolve them and was fully supportive of how badly I was being treated – but could do nothing without your backup.

I am also getting complaints I made to Human Right Commission, Tribunal, ACC, Salvation Army, Oasis Network, King Street Artworks, Wairarapa DHB, Ombudsman and Auditor-General that failed to uphold my rights or accept what was happening to me was a criminal violation of my human rights to professional health care.

It makes me unwell when I think those health care agencies supposed to help me persecute me instead and deny me care I am entitled to under law – but it makes me even more unwell when I know how corrupt cruel immoral and criminally negligent those who supposed to protect me from this are.  All those poor disabled abuse victims and mentally ill people in this country you are torturing (as defined by the Torture Suppression Act), who are living in misery, draining or harming those around them who also can’t cope, killing themselves or killing others – that is your fault, you people are murderers, cruel violent murderers.

My latest formal complaint is to the Privacy Commissioner, a second one about a mental health advocacy worker from Oasis.  Who told a woman I have just got to know that she couldn’t help me I was too unwell – I only wanted two things, for her to talk to police and get them to backoff (this was when things were bad and I was having nightmares they were coming to get me), she told me I should stop protesting/exercising my rights if I wanted this.  I also asked her to find and arrange for me to learn Maori weaving and Tukutuku and it ended up with her abusing me saying I was demanding too much of her.  The first complaint I made about her last year for violating my privacy and going to DHB mental health services when she said she wouldn’t and knew how I felt about them – she did and responded to me with an abusive text – was discredited and unresolved by Oasis etc.

You must know how many people like me you are rejecting (cause I hear horror story after horror story about dealings with your agency – everybody I know has given up and stopped making complaints of harm) how can you sleep at night knowing the suffering and death you cause in our society?

Sincerely

JR

Civil Society Actor

HUMAN SEWAGE


From: Margee Do <Margee.Do@hdc.org.nz>
Sent: Monday, 30 January 2017 11:38 a.m.
Subject: Re: OIA Request

Dear Ms Routhan

Thank you for your clarification. We will respond to your request in due course.

Sincerely

Margee Do ‐Legal Team Administrator
Office of the Health and Disability CommissionerPO Box 11934, Wellington 6142Level 11, TechnologyOne House, Wellington 6011
Ph: (04) 494 7900
Email: Margee.Do@hdc.org.nz


PPlease consider the environment before printing this email
This email may be legally privileged. Please do not forward without permission

(HAVE YOU NOTICED HOW HDC ARE TRYING TO USE THE LAW TO STOP PEOPLE MAKING PUBLIC WHAT THEY DO – OUR CORRUPT GOVT MADE THEM DO THAT – THEY WILL NEVER EVER SILENCE ME – AND IF THEY WANT TO TAKE ME TO COURT FOR MAKING THIS PUBLIC – BRING IT ON!)

To:        Margee Do <Margee.Do@hdc.org.nz>
Date:        30/01/2017 10:52 a.m.
Subject:        Re: OIA Request


Dear Ms Do,

Don’t know how I could be clearer on this matter, are you trying to avoid sending it – do you hope, due to my disability, that I won’t pursue this because that is the usual behaviour I get from agencies trying to hide something horrendous they have done to disabled people.

I want every piece of information and every complaint I have sent to your organisation since 2002, since I was raped and discovered ACC and the NZ government were persecuting and discriminating against mentally injured abused men women and children disabled by their abuse – along with every mentally ill person in New Zealand.  Denying them professional care, professional health and rehabilitation models, ensuring they became more unwell so drug companies could make more money and driving many to crime so they filled up the justice system.

One day the world is going to know what you people have done condoning this violent, torture, persecution of NZs most vulnerable people on the order of radicalised neo-liberal terrorists.

Jayne 


From: Margee Do <Margee.Do@hdc.org.nz>
Sent:
Monday, 30 January 2017 8:53 a.m.
To:
 
Subject:
OIA Request

 
Dear Ms Routhan

I am dealing with the request for information you have sent to this office on 9 January 2017, please can you kindly clarify the scope of your request. You have your requested for:


      copy of my information
–        all the formal complaints

Did you just want a copy of the complaints you have sent to this Office?

We would appreciate your clarification on this matter on or before 1 Feb 2017.

Many thanks


Margee Do ‐
Legal Team Administrator
Office of the Health and Disability Commissioner

PO Box 11934, Wellington 6142Level 11, TechnologyOne House, Wellington 6011
Ph: (04) 494 7900
Email: Margee.Do@hdc.org.nz


P
Please consider the environment before printing this email
This email may be legally privileged. Please do not forward without permission


From:        
Jayne Routhan <jrouthan@hotmail.co.nz>
To:        
Health & Disability Commission <hdc@hdc.org.nz>
Date:        
19/01/2017 10:18 a.m.
Subject:        
Privacy Act request for a copy of my file


Dear Sir/Madam,

Under the Privacy Act can you please send me a copy of my information and all the formal complaints I have made to the Health and Disability Commission since approximately 2002 – they are required for a criminal case.  Can you please advise if I will receive this information in the next 20 working days as required by law.

Thank you

JR
Civil Society Activist
HUMAN SEWAGE
*************************************************************

The information contained in this document is confidential to the intended recipient and may be legally privileged. You may not copy or disclose this email to anyone without the written permission of the sender. It is not necessarily the view nor an official communication of the Health and Disability Commissioner. If you have received this email in error, please notify the sender immediately and delete this message.

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

The Innovation of Collaboration – Regional Rehabilitation Centres in New Zealand

Am currently writing my submission for government innovation funding and felt I needed to put it on my website.  I’m only half way through editing and will post the finalised version soon.  Information on this website will make up part of my submission – have to keep focused on moving forward and doing what I know is right – as the current situation with police, ACC and others is dragging me into the darklands of hell on a regular basis.

Kia kaha to us all – NECESSITY IS THE MOTHER OF INVENTION – nobody can say I don’t have solutions to the issues I repeatedly complain about.

DRAFT

The potential to positively transform New Zealand’s economic performance, the sustainability and integrity of our environment, help strengthen our society and give effect to the Treaty of Waitangi

 

Introduction

It is a fundamental flaw in neo-liberal capitalism that 80% of the people who are disabled in some way and cannot provide for themselves or not work at 100% capacity are consigned to lives of poverty and unfulfilled aspirations.  In my opinion it is the most serious sign of an uncivilised society to not provide for those less fortunate – allowing strong to attack weak is against multiple laws (including religious ones). 

 

My submission combines the medical sciences (particularly Occupational Therapy) with law and the untapped creativity and unrealised productivity of the 100,000s of disabled people living in New Zealand.  It also addresses issues successive governments and researchers have identified about unemployment, violence, addiction and suicide/mental health issues.

 

The three main areas of innovation I am applying for involve Disability Services, NZs Disabled Creative workforce and Mental Health – these would also be eligible for research funding as I envisage all three to be teaching and data gathering environments.

 

I am particularly guided in my innovations by government disability documents, signed United Nations documents, along with ACC, health, disability, criminal, imperial, human rights and Bill of Rights legislation.  Necessity being the mother of invention when your area of expertise is stress disorders, poverty, disability, law and living the current nightmare of social dysfunction created by radicalised capitalism (ie neo-liberalism).

Scientifically it is recognised that traumatised people have high blood flow to the right brain, the creative brain – a physiological change in how the brain functions that ensured the success of our species when confronted with life-threatening situations.  This is a state many disabled and mentally injured people now experience in our neo-liberal society.

 

Although my ideas fit within parts of the application for funding under this mechanism, there seems to be other parts which are barriers to the fulfilment of my ideas because I am not part of an organisation.  I would suggest this isolation, my 14 years of full time study in this area and my extensive breadth of knowledge and personal experience are what make me an innovator (with necessity being the mother of invention).  I see my ideas as an ‘innovation of collaboration’ by turning laws, research and rhetoric into practical useful resources and services for all citizens.

 

This is indeed an investment that focuses on long-term transformative impact for those affected by disability, poverty, violence, addiction, mental injury and mental illness.  This is a Top of The Cliff innovation in the area of mental health and welfare – not the current Bottom Of The Cliff mentality lead by people obsessed with neo-liberal economic theories of providing services to those who cost the most – eg those who end up in the justice system and causing harm in society.  In the area of disability caused by accident, including sexual and physical abuse, ACC are supposed to be the experts and have the resources to contribute significantly to ensure these innovations are realised quickly, professionally and regionally.  It would be fundamentally wrong and flawed to exclude people who were disabled by illness or born with disability – they have a right to work (and self-actualise) as do injured people – it would just require funding to come from a different avenue. 

 

I envisage some of the $4billion annual savings by ACC could be INVESTED in these centres and in the disabled people of New Zealand so they can contribute and have the opportunity to fulfil their potention.

 

I will also take this opportunity to suggest how these centres can be put into operation extremely quickly (which would also work for social housing).  As I walk around Wellington and travel the roads I see huge resources going into public and private works, resources that could be diverted for a very short time (say 2 weeks) to focus on these regional disability centres (and maybe the same done for mental health facilities – which I think are more appropriately set in more rural/quiet areas).  This would include site works – similar to what is happening on our roads and building works, like those used to refurbish Ministry of Health building, Ministry of Education and Victoria University.  Whatever resources are used, business people and tradespeople should have the opportunity to participate as an integral part of strengthening our society.

 

I believe suitable land should be taken under the Public Works Act and particularly from owners who are hampering development for personal gain.

 

My inspiration is watching television home renovation programmes and watching Mormon churches being built in very short time frames by large numbers of people.  I expect many people involved in such a project who I am sure would become proud of the part they play – especially when the rewards of such work become realised (I predict significant almost instantaneous decreases in violence, addiction and suicide statistics).

 

Such a large project would of course take some organisation, however it would be easily done as we have many people in New Zealand who have had experience.

 

It may of course be more cost effective and appropriate to purchase an existing building for conversion in some cases – as I see these rehabilitation centres being near the heart of our communities rather than on the fringes, while, as I said above, the mental health rehabilitation centres being in quieter more healing environments.

 

 

GOVERNMENT REGIONAL REHABILTATION CENTRES

 

It has been proven to me repeatedly and based on professional research that Non-Government Organisations do not work in mental health environments – which I see each of these areas being.    It has also been proven that basing mental health care on the current drug based experimental system, which fails to provide the necessaries of life (as outlined by Maslow’s Hierarchy of Needs) is also a failure.

 

At a recent event organised by the Human Rights Commission the Special Rapporteur for Disability advised that as Governments had signed the Convention on the Rights of People with Disabilities in 2008 and other United Nations documents, it was their responsibility to provide the services/resources required to fulfil its obligations, not ‘the community’.  Four years ago I was also part of an event that discussed fiscal responsibility in the area of crime, where a speaker (Mike Bazette) referred to extensive studies in UK that pointed to NGOs being unreliable and untrustworthy to deal with with disabled people who had high needs/challenging behavioural issues (ie they said one thing and did another).  As a result those clients who society wanted to get more services actually got less, which caused significant increases in crime, violence, addiction and social dysfunction.  I can confirm this is happening in New Zealand currently, also with the government demanding public mental health services operate under commercial models, it is happening in this system.

 

It is a neo-liberal philosophy to introduce as much private enterprise into all aspects of our society, including health care, to this end governments have made it more and more difficult for people to access health care so they are driven by necessity and desperation to pay for it themselves (eg Capri Hospital & increasing need for health insurance).  If they cannot pay for it themselves they are subject to ongoing persecution and inhuman living environments.  Recent advertising by Capri targeted middle class and affluent parents of young people who had drug addiction – offering far superior services to what the public system would.

 

In more recent times neo-liberalism has been exposed as an extremely socially destructive economic philosophy with all the outcomes contributing to inequality (concentrations of power and money in small groups with unprecedented political influence), poverty, violence, addiction, suicide, unemployment and under-employment. 

 

A series of documentaries called The Hard Stuff by Nigel Latta touched on some of the issues this radicalised form of capitalism has created in NZ and other modern societies.  So have documentaries by Bryan Bruce.  A premise of neo-liberalism is everybody is responsible for themselves which contradicts human nature and us as social animals living in large organised ‘civilised’ societies, reliant on each other for physical and psychological good health.

  

Every region in New Zealand should have a habilitation/rehabilitation centre where people with disabilities of all types can go and work, within the capabilities, doing worthwhile rewarding work that fulfils their self-actualising, psychosocial and physical needs.

 

I envisage these centres to consist of a large warehouses capable of building homes for disabled people.  Housing being the greatest area of need and unmet government responsibility at the moment, building houses is the most practical thing to do, especially with disabled people being the most adversely affected by the current severe housing shortages.

 

“In times of high unemployment it is disabled people who suffer most.”

Person to Person, Lindsay Gething, 3rd ed 2006

 

These centres would also be training places for Occupational Safety and Health professionals, health workers, Occupation Therapists, etc and research and development in the area of disability support services/devices.  Work would be done by teams, based on the capabilities and talents of the disabled person working with others however no mentally injured sex offenders working with mentally injured abuse victims, or potentially dangerous people working with vulnerable.  Developing teams and schedules would be done with mental health professionals to ensure supportive safe environments.

 

These Centres would be available to all physically and psychologically disabled people.  Will run using professionals in health and habilitation and rehabilitation processes and models.  It will also follow legal requirements. 

 

I have spoken to several people with disabilities who are unable to work and they were extremely enthusiastic about the idea of being able to work in a group doing something within their capabilities and valuable to society.  A man I know with a bad back, he injured when a child, was very keen to be part of a centre like this.  He and I have talked about the isolation of being unemployed and being despised for it, it seemed especially difficult for a man.  Because he can do some things on good days he couldn’t work for a traditional employer because of his need to not sit too long or stand too long – or not be able to work at all on bad days.  Sadly people saw him selling scrap metal and judged him for being a bludger on welfare.

 

I can picture these rehab centres with 2 or 3 houses at various stages of completion, surrounded by equipment that would enable people with physical disabilities to work.  Equipment that perhaps could be developed and improved with onsite collaboration between disabled people and engineers.  Surrounded by specially designed scaffolding.  There would be rooms for health care/rehabilitation professionals, rooms for massage, physiotherapy and rest for clients. 

 

Healthy food would be provided so people didn’t have to do their own meals and some of those people who prepared it should also be disabled, perhaps adding variety to their weeks work and could get training as well.  There should be gardens attached to the rehabilitation centre to provide vegetables and fruit as growing food is an important life skill when you don’t have a lot of money and extremely good therapy. 

 

There must be a good transport network for people attending these rehabilitation centres, they should be picked up at their door and taken home, if they need that. 

 

Given New Zealands need for an increased labour force during fruit picking season that teams of disabled people with specialist equipment for these jobs are sent to work in orchards, market gardens, etc.  Remuneration for their work would be paid to the Rehabilitation Centre and distributed in a fair manner.  Disabled should could also be considered a flexible labour force and centres should allow for this.

 

Disabled people working at rehabilitation centres must be paid a reasonable wage (provided a reasonable income) with perhaps 2-3 different pay grades.  Every person who contributes to building a house in some way should be eligible to own one of those houses when available (or perhaps be eligible for a state house loan).  It is a cultural and human right to own your own home and disabled people who are unable to work should not be excluded from this.  There are multiple economic and social advantages to society for a disabled vulnerable person to have their own safe home to live in, especially as they age.   This would also be adhering to the Disability Action Plan and Strategy and Declaration on Disabled Rights, also Human Rights and economic rights.

These rehabilitation centres would be a hub of employment for support workers, educators, tradespeople and health professionals.  Also places where able bodied and disabled people undertook formal training that was absent from the local community or not.

 

This regional rehabilitation centre idea came to me during a recent meeting on disability rights (at Te Papa with Catarina Aguila), a tall/large tetraplegic man in a wheelchair spoke about not having access to most disabled areas because his wheelchair was so large.  He was obvious an intelligent man around 30 and deeply distressed by his physical impairments.  I thought about what he could do in this facility and pictured him organising building materials and managing work plans for upcoming construction, on the phone a lot or a specialised computer as he had very limited use of his hands.

 

Many years ago I read a book called Think and Grow Rich (rich in all areas of life) and it talked a lot about being rich in potential and just finding out what that potential was, irrelevant of perceived limitations.  For example a man taught his partially deaf son that his disability was going to be an advantage when he was a man not a hindrance.  The boy ended up being a very successful sales rep and developer for a hearing aid manufacturer.

 

People at these rehabilitation centres should also have access to business, research and development funding and resources, so we can tap into people’s creativity.  I believe giving disabled people the opportunity to reach their potential (also self-actualise) would be a competitive advantage internationally.

 

The psycho-social benefits of these regional rehabilitation centres cannot be under-estimated with the WHO and UN identifying the increasing problems with social cohesion in developed countries.  These centres will strengthen our society.

 

I have never ever met a person who doesn’t want to work, especially a disabled person, but nobody should be expected to work in physical pain and no intelligent person should be expected to do particularly mundane work for long periods of time.  These centres should be about balance and those things identified as necessaries of a good life in Maslow’s Heirachy of Needs.

 

I believe through these rehabilitation centres people with ‘talents’ could be identified and placed in jobs in public and private enterprise – or contracted to them perhaps.  I know personally in mental health there are some very intelligent people – in fact intelligence can worsen mental health issues in many cases.  Many of these people are also highly creative, innovation and creativity being something Nigel Latta identified in his recent documentary as important to the development of a high wage economy and lowering of unemployment and poverty.

 

It is imperative and sensible for the homes (or other things) manufactured/created in these centres use sustainable, environmentally friendly products as a priority.   That they also support NZ manufacturers to avoid miles travelled where possible.  They should have their own electricity generation options, like solar, window power, dynamos, etc.

 

The nature of the centres will allow for experimentation and labour intensive manufacturing/construction, areas the private sector avoids.  I envisages houses being made with extra wide doorways, large bathrooms, etc.  Also manufacturing of special features in the centre.  Designed and built with specific disabled people in mind, working with the person and Occupational Therapists.

 

Support of disabled workers to be run through multi-disciplinary teams, as outlined in Shrawan Kumar’s book Multi-disciplinary Approach to Rehabilitation.

 

 

GOVERNMENT REGIONAL MENTAL HEALTH FACILITIES

Attached please find a rehabilitation model and business plan for Mental Injury Services which outlines where I believe mental health care for mentally injured abuse victims, traumatised people should be going (also for some mentally ill people).  Mental injury being different in nature to mental illness because mental injury is a ‘normal’ person that has been subjected to overwhelming trauma and needs help to recover.  Mental illness is more permanent and requires ongoing care and support.

 

To provide the professional treatment care and rehabilitation people with mental injury or illness require there needs to be regional mental health facilities.  Shutting down mental health facilities based on improving someone’s human rights – when it actually adversely affected these disabled people more is incomprehensible – and allowing it to continue reprehensible.  On the news tonight yet another mentally ill man living in the community has killed, this time his mother and badly injured his father. 

 

It is too distressing for me to go into the extensive reasons New Zealand (and many other countries) desperately need facilities and safe housing for people with mental health issues.  Facilities to help them heal and those to help them keep busy and feel valued.  The extensive use of pharmaceuticals to try and control people who more importantly need the basic needs met (please refer Maslow’s Heirachy of Needs) is a gross miscarriage of justice.  The use of pharmaceuticals was a result of neo-liberal theories that it was cheaper to give a person a drug and put them in the community than actually providing professional treatment care and rehabilitation.  News reports have stated the government undertook to make the mental health services drug based to save money – it hasn’t.  Many of these drugs are highly experimental and have been linked to increases in psychopathy, suicide, mass murders and psychosis.  All the things they are supposed stop, they actually create.

 

I envisage these mental health centres be based on holistic practices with opportunities to participate in growing food etc – working in the earth is very good therapy and can be used once the person is back in the community.  Group therapy is important as people will need to be able to communicate and support each other in the community, learning skills here could help in society.  Help people who have been mentally injured pass on what they learn and know to others.  Art is another huge part of healing and therapy in the area of mental health with traumatised people having highly active right brains.  People should be able to explore their creativity and see it come to fruition if possible.  The cultural value for society is extensive and could lead to further work and recognition outside the mental health facility.  Talent could be identified and advanced with advocacy.

 

I envisage six week ‘retreats’ for mentally injured people with rehabilitation in the community prior to the retreats and following them, until the person is well enough to live independently.

 

 

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