Tag Archives: disability

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  

 

 

                                   

ACC Ministers deny responsibility for Corporation persecuting claimants

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

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

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

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

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

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

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

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

Sincerely

 

Spent 5 hrs police cells under mental health act for protesting at Police HQ New Zealand

Could someone outside New Zealand PLEASE DO SOMETHING – people in power here are completely fkd and very very good at hiding it.  Seems only when international media etc get hold of a story that they actually do something!  This just tip of the iceberg, 20 police ‘welfare’ visits to my home in past six months, am having nightmares – please someone make them stop.  All I am doing is begging for the health care and justice I am entitled to, then these people phone the police to intimidate me but do nothing to reinstate the health care I’m supposed to be receiving BY LAW.



Sent: Thursday, 12 May 2016 8:36 a.m.
To: tusha.penny@police.govt.nz
Subject: Fw: Formal complaint about being detained under mental health act as a form of intimidation

 

Of course you know this was partly to do with you ignoring me Tusha – I WANT A VOICE – I NEED A VOICE – what I know and what is happening to me is based on science and current legislation, I am an expert in this field – the longer I am censored and not heard the angrier I get and more intense my protests will become.

 

The current NZ Herald campaign is infuriating me, it is such a bunch of rhetoric, so much opinionated misinformation and lies.

 

I want some sort of investigation into what happened and who this person was telling police to detain me under mental health act for my justified protest.  Our society cannot keep suppressing the truth about how NZ government actions over the past 30 years have fuelled this culture of violence – how unprofessional inadequate mental health services and people forced to live in inhuman conditions so stressed to breaking create this violence.  Also addiction and suicide – as I am sure you know.

 

Seeing Mike Bush in the campaign photo for #betterthanthis made me want to be sick – of course we’re not better than this, we are this and successive governments have created it -but take no responsibility for it and dump blame on their victims.

 

People like that security officer are unable to accept the rage, distress, accountability and FACTS I challenge those in authority with – they like to pretend everything is great in New Zealand and people like me don’t exist.  It is imperative I do what I do according to the Milgram Experiment and even my new lawyer who said people like me are essential in a civilized society.

 

Please be aware I am petrified scared of mental health services, much more than any organisation, I have been treated so badly by them and lies spread in the community by the mental health team.  I have been denied care at some of my most desperate moments and didn’t react well to them in the cells either.  Awesome that the supervising officer (in black) allowed me to speak freely, I told them exactly what I thought of mental health services.  Advised them they were getting the result of years of hatred and psychological torture by other mental health workers, also my rage at what they were doing to me and so many others.  Sometimes I think these officers are thinking to themselves how much they wish they could say the same things I do.

 

Sincerely

 

Jayne



Sent: Thursday, 12 May 2016 8:20 a.m.
To: enquiries@ipca.govt.nz
Subject: Formal complaint about being detained under mental health act as a form of intimidation

Dear Sir/Madam,

 

Yesterday I was detained in the cells for 5 hours under the mental health act – Section 109 it was referred to repeatedly by officers.  I treat having my freedom taken from me seriously and so does the law.

 

This was as a result of a protest I was doing at Police Headquarters in Wellington about corruption, rich vs poor, magna carta violations, medical neglect, psychological torture, criminal negligence and abuse in ACC and mental health services against disabled mentally injured abuse victims and mentally ill people.  This is the topic I protest about on an regular basis, this is what I am an expert in, this is what I am subjected to and this is what most know is the reality of our appalling ACC and mental health system.

 

I don’t deny I ‘LOST IT’ and couldn’t stop swearing (I now have a tourettes type disorder) so should have been taken away from the scene.  This is an informal agreement I have with the police when I am so angry about what is happening to me and what is happening to people I know.  This particular event was triggered by yet another police visit to my home – number 20 I think it is now, threatening action for begging for police to help me and act on my complaints of harm by ACC and mental health under sections 150A 151 155 and 157 of the Crimes Act – while at the same time dragging me through court for a minor charge of screaming at ACC for help.  Also the current NZ Herald misleading government propaganda marketing campaign about violence in our society.

 

What should have happened is I should have been arrested for disorderly behaviour, spent 2 hours in the cells and released with a pre-charge warning, when I had calmed down a bit.  Instead what happened was a person at the scene who said he was a diplomatic security officer instructed the police officer to have me detained under Section 109 – mental health act, the officer did as he was told.  This man had only minutes previously been insulting me and ‘winding me up’ even more with his sarcasm.  I objected to his vindictive insulting suggestion and act of serious intimidation under Bill of Rights but was ignored.  I want this matter investigated and this security guard sacked for his appalling behaviour.

 

Where did this man get his authority over police?  Is this another example of a rich person getting superior rights to a poor person, which is against Westminster law?  It is certainly another act of intimidation for my justified angry protests about what is happening to me and so many other disabled abuse victims in our cruel corrupt society.  Threatening someone who is protesting with being ‘locked up’ and drugged up under the mental health act is an extremely intimidating act.

 

There was a struggle with the police officer at Police Headquarters and this security man, which has covered me in bruises, was traumatising and did not need to happen, when I am arrested I go peacefully with any officer, I know the process and I expect it to be followed.  I have this issue with laws not being followed by people in authority when I am expected to follow them.

 

I am a civil society actor with a disability I know the process so well now that I know what happened during this arrest was not right and not legal.  After I was arrested/detained I was compliant with officers, was not handcuffed, did not swear but was repeatedly objected to what was happening under Bill of Rights, Human Civil and Political Rights.

 

The CATT team /mental health came and went as I knew they would.  When I was being released I was told what a pleasure it is to deal with me.  Police, other than this security person were awesome, as almost all of them are – why wouldn’t they be, they agree with what I’m protesting about, they’re dealing with mentally ill people who cannot get services every day – like the woman in the cell beside me.

 

I look forward to your investigation and action on this complaint.

 

JR

CIVIL SOCIETY ACTOR

HUMAN SEWAGE

PERSECUTED WHISTLEBLOWER

 

 

First Draft report on NZ govt 6th periodic report Civil & Political rights

Thought I’d post this for people’s information, hopefully it helps someone else to make formal complaints.  Only at page 7 of report and so far I have 19 pages – 38 pages to go.  No wonder I was freaking out about starting it.  Kia kaha to us all

11 November 2015

 FORMAL COMPLAINT AND REPORT ON ABUSES OF HUMAN, DISABLED, CIVIL AND POLITICAL RIGHTS IN NEW ZEALAND by Jayne Routhan, Disabled Civil Society Actor

 I write many reports, letters and submissions on the issues and gross miscarriage of justice I experience and witness around me, each one causes me trauma that I respond to with dysfunctional behaviour.  With the inhuman living situation I am now in and years of trauma my mental health is now so bad I will regularly self-harm throughout the writing of this report – however self-harming is far better than acting on the now almost continuous thoughts of suicide I am forced to deal with.

 

The Compounding Complex PTSD I now suffer from is a result of 14 years of medical neglect and ongoing torture, abuse and victimization by NZ government (health, welfare, housing, ACC and justice systems).  When our country was taken over by radicalised neo-liberal (capitalist) terrorists in 1984 they set about creating a society that advanced rich and powerful people while persecuting and neglecting NZs disabled and poor.  This life-threatening form of PTSD was first recorded in people who had been held in hostage situations for long periods of time.  My severe dysfunctional behaviour is not a result of me being mentally ill, as I am not (and have reports to prove this), this is a result of years of degradation, abuse, neglect and persecution at the hands of cruel, corrupt, ignorant, immoral neo-liberal terrorists currently running our country (that includes powerful business people who control our politicians and news media).  I am mentally injured, or as the United Nations describe in A/HRC/22/53 (D) I have a psychosocial disability.

 

Recently I have been reading the 6th Periodic report on Civil and Political rights and I felt this was a good place to start for this report.  Anything I have not covered while going through this government report I will include at the end.  I have been trying for months to write this report but was too frightened because of my appauling mental health – I can wait no longer as I see the suffering and suicide around me taking its toll.

 

Introduction – 5.

 

I am a civil society actor and try my very best to keep up with any formal submissions I need to make to be heard.  With all the people I communicate with in the Human Rights area and those who know I am being persecuted to the point of suicide for legally protesting it is very disturbing that I did not see the draft report in 2014.  Then I note that it came out only a few days before Xmas, an extremely difficult time for me after being raped at New Year along with the trauma of being violently arrested New Years eve 2014 and the previous year being arrested on my birthday 2 January.  A time of year that is difficult for anybody and I am sure this date was chosen to discourage participation and comment.

 

I know of no other activist in New Zealand (I am on social media every day and am well known to many people for what I do and what I protest about) who is protesting the way I am, getting arrested and dragged through court, or being subjected to the intimidation, persecution and neglect I am.  I am not able to work sadly because I cannot get the professional health care and rehabilitation I am entitled to so I spend 12-15 hours per day collecting and disseminating information, writing letters and reports and dealing with poverty, rotting on welfare and being dragged through the justice system.

 

I am an expert in traumatic stress disorders (which my psychiatrist and psychotherapist will confirm), and well versed in international and NZ laws (ACC, health, disability, criminal, human rights, bill of rights, etc).  I live in the darklands of New Zealand rotting on welfare, this is my perspective – which is far broader and real than they myriad of people who make laws, write reports and make submissions.  I am particularly critical of NGOs and DPOs who assert themselves as representing disabled people or those with mental health issues.  Because of the nature of traumatic stress disorders and the associated violent aspects other disabled groups, including mental health groups, are very reluctant to associate themselves with violence.  As a result people such as me are experiencing the brunt of ignorant cruel laws and a society that has put violent people in the position of Jews in NAZI Germany. 

 

I have been insulted and discriminated against by physically disabled people and mentally ill people.  Mildly mentally ill people who do not have severe behavioural issues despise those who do because when someone is hurt or killed by a mentally ill person – every mentally ill person is blamed for it.  The same as every disabled person on welfare takes the blame for every wrong thing every other person on welfare has done – whether they are disabled or not.  I would like the opportunity to tell a court or a judge the experiences I have had with discrimination, they are too many to put in this document, but I need to be heard.

 

Recently I phoned Tuhoe extremely upset about Mr Kruger’s reasoning for Tuhoe starting a war on welfare dependency.  News item… http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=11546918   Why would anybody want to start a war on people who are disabled, unemployed and dependent on welfare.  I told a relative of his that these people were mostly disabled and welfare dependent for a reason.  Also that many of these people would be disabled abuse victims (if the statistics are right about the high levels of sexual and physical abuse by Maori)  and I know for a fact mental health services are abusive.  The same day Young Nats facebook page had a copy of the story on it, gloating that of course they were right and justifying their hatred of people on welfare.  (Note that none of the people who vote National are on welfare and are aware of the degrading hell it has become.) 

 

I would have been abused while protesting about poverty, human rights, mental health etc over 100 times by people telling me GET A JOB BLUDGER.  They insult you then walk off, or do it from their cars, they always refuse to stay and find out your story and what you know – they have been radicalised and brainwashed.  I am desperate to work, that is why I fight so hard for the health care I am entitled to – so I can go back to work.  Why would anybody want to live rotting in poverty on welfare ostracized, despised and discriminated against – the idea that people choose this is an example of people who have been radicalised against the poor.

 

I am finding this really difficult, especially to get in some sort of order, so I am just going to write.  Previously when I do these reports I am often unable to go back and proof read for grammar and spelling mistakes, so I will ask you to ignore these things – and not discredit my entire report because of it.  I become severely traumatised and self-harm if I think about to many traumatic situations at one time, this is what happens when you have compounding stress disorders.  This is why it is imperative traumatised people are given professional help and have their basic needs met when they experience ongoing trauma, victimization, degradation and discrimination.  Please refer to Maslows Pyramid of need – I can confirm that my current environment ensures that none of these needs are met in my case (which is why I am so suicidal, dysfunctional and cannot overcome the unresolved traumas).  This is proof that my allegations of inhuman treatment are valid and my complaints of harm and discrimination need to be dealt with through the criminal courts of New Zealand

 

Back to the govt report on civil and political rights – introduction 7. – This is a lie, New Zealand are not committed to protection of human rights, though are very committed to promoting it.  I am currently reading an item on NZ Law Society website by Justice Winkelman about the serious lack of legal representation for poor people, including disabled people like myself fighting the government.  https://www.lawsociety.org.nz/lawtalk/issue-878/mind-the-gap-closing-the-justice-gap

 

Radicalised neo-liberal governments since 1984 have changed a myriad of laws to stop poor people getting health care and justice.  I read these laws and usually start crying when I see what successive government have done to undermine our democracy and shift blame for unemployment and social dysfunction onto those that have been made unemployed and traumatised by radicalised economic theories that advance the rich and persecute the disabled poor.  (Note I have never met a healthy person on welfare in my life, if not a physical disability, many have psychological issues due to abuse or bad parenting.)

 

A review by a Royal Commission of Inquiry on the systematic undermining of laws that protected vulnerable poor people and their rights would prove just how corrupt and immoral radicalised neo-liberals have been. 

 

For example, I attempted to privately prosecute John Key under Crimes Act, Crimes of Torture Act and Magna Carta June this year.  The judge refused to accept my submission, saying I was abusing the process (Appendix 1) she also said I could not use Sections 39 and 40 of Magna Carta because they had been made irrelevant under Imperial Laws Act 1988.  At the height of abuse of power by Roger Douglas and his radicalised supporters.  I have read several books about the 4th Labour government, even talked to Laila Harre directly about it.  For a brief outline I refer to the Wikipedia explanation https://en.wikipedia.org/wiki/Fourth_Labour_Government_of_New_Zealand 

 

I tried to return to university study earlier this year, but sadly failed due to ill health and poverty.  One of my papers was Economics, some of what was being taught was extremely unethical and I have made complaints about it but been ignored.  However one of the things I learnt about economics is NOTHING changes in a drastic way, everything is done in increments – yet these Neo-liberals cut taxes to wealthy individuals by over 30% and wealthy businesses by 12% overnight.  Also on my first day we were told that the study of economics was the SCIENCE OF SCARCE RESOURCES.  This is an extremely damaging approach and a review of the American textbook we had to use will show they are teaching radicalised neo-liberal economics and not economics in its entirety.  For example the book says, there is no such thing as need there is only want – which of course is a lie.  There is so much more I could explain about how universities are now radicalising those who study commerce.  Appendix 2 is copy of a letter published in Salient magazine by a commerce student, and my response.

 

Introduction 8.

This is another lie, National was bought to power in 2008 and conditions for disabled people on welfare have significantly declined.  There may have been some small attempt at marketing that these rights were being respected, while government policies and changes to legislation more often were in violation of the Covenant rights. 

 

In 2009 my health care was illegally withdrawn through ACC after National came to power and installed John Judge (member of business round table/NZ Initiative).  I had fought 7 years to get the beginnings of a professional rehabilitation plan paid for by ACC, six months into this 2 ½ year plan there was a review and all my care was stopped.  I became highly suicidal and almost died, I have won TWO ACC reviews since that time to have this reinstated but still I have nothing as ACC refuse to reinstate the care I had, insisting I follow a plan they created that does not accommodate my religious, ethical and cultural beliefs – where my previous plan had.  I will go into this further into this report.

 

I find it extremely offensive and corrupt that a government report would say something that is such a blatant lie.

 

Introduction 11.

The NZ Public Health and Disability Amendment Bill (No 2) 2013 was bought in to stop these families getting all the support they needed.  The only reason they introduced it is because they were forced to by the United Nations, NZ citizens had been fighting for years to get this support, after 30 yrs of cuts to the poorest people were causing huge unnecessary suffering.

 

Introduction 12.

“the allocation of spending” I will take this opportunity to express my thoughts on the reasoning of any government to choose not to provide the treatment care rehabilitation welfare and justice services the poorest people due to lack of money.

 

Our legal system and democracy is based on Christian principles of fairness and equality.  It is immoral and a terrorist act to suggest that there is not enough money for disabled people’s health care, welfare, justice, housing, etc WHILE the government spends money on extravagant things like elite sports (Americas Cup, rugby, etc), mansions for diplomats throughout the world, flag referendums, wealthy movie studios and other gross extravagances that regularly make mainstream news. 

 

Then there is the $100billion government debt which NZ pays $150 per second in interest to overseas banks (banks that are directly associated with John Key and many others in government).  This debt is proof that the government are not fiscally responsible (and yet all their marketing says they are).  Since National got in 2008 debt has risen by more than $85billion, they have also given more tax cuts to rich people during this time, while increasing the burden on poor people.  The government should have increased taxes to the very rich ($70,000 threshold for top tax rate is ridiculous), who have done extremely well financially from radicalised neo-liberal economic policies, to cover expenditure – for example Christchurch earthquake etc.  That they have done the opposite shows they are corrupt, immoral and radicalised.  Why would you rack up massive debt and pay massive amounts in interest to foreign banks if you didn’t have to? 

 

I am also at a loss to understand how a government can be allowed to pass on such a massive debt burden to any successor.  Why should a left wing government have to pay off the debt of a corrupt irresponsible right wing government?  The only reason this country and government are in financial deficit is powerful rich people who control the current government insist in lower taxes.

 

When Ruth Richardson (radicalised neo-liberal terrorist) cut benefits in the 1990s to create a low-wage economy, overnight the government withdrew $millions from the poorest members of society.  This took $millions of dollars out of the economy and had huge flow-on impacts for small businesses, many were shut down as a result.  There were protests and ongoing submissions to select committees opposed to this, but from information I have read this opposition was all ignored – democracy was no longer operating.

 

Any grossly extravagant spending by the NZ government makes me and other people who are struggling EXTREMELY ANGRY.  Like when I see the BMWs our government bought at the same time as using the poverty excuse for not providing disabled/vulnerable/unemployed people with their basic needs (particularly safe stable housing).  My experience with unsafe unstable housing has been a significant contributor to my appauling mental health, suffering and suicidality – it would be the leading contributor to life-threatening psychosocial disorders in the developed world.   Hopefully I will be able to explain what has happened further in this report, at the moment, the thought of talking about it makes me unwell.  What I would say is I feel like a refugee in my own country and now I rent, landlords and their agents are some of the most immoral offensive people I have ever met.  I want the opportunity to tell the horrific stories I have of renting

 

17. – The principles of Natural Justice are not applied in regard to my formal complaints of harm and discrimination on the basis of disability.  Decisions by tribunals are ignored and the Human Rights Review Tribunal even told me they would not represent me because I had a ‘personality disorder’.  I do not have a personality disorder, which is confirmed by Dr Alan Doris and Dr Justin Barry-Walshe, both leading psychiatrists in New Zealand. 

 

Dr Barry-Walshe states in his report I am intelligent, do not have a personality disorder and am not delusional.  His report was requested by me & the court during hearings on criminal wilful trespass charges last year.  The fact he was asked to investigate if I was delusional for my protests and demands for professional health care and protection (ie a lawyer) indicates the level of corruption, irresponsibility and discrimination radicalised neo-liberals are prepared to go to in order to discredit those they are illegally persecuting.

 

18. Requirements of natural justice – I recently wrote to the State Services Commission making a formal complaint of a dangerous conflict of interest with the government putting Paula Rebstock as the chair of a committee on restructure of CYFS.  Appendix 3 is the letter I wrote.  I can’t open the response letter I got (I have communication issues and can’t open a lot of my mail, fear of self-harm with what I might read has created a phobia about it) however I phoned the SSC to ask what the response was.  The man I spoke to on the phone laughed and mocked me for even suggesting anybody would listen to a complaint like this from some common citizen when important people in the government had made such a decision.

 

Paula Rebstock is on the Board of ACC, is well known to promote neo-liberal agenda in all areas.  ACC were found to be medically neglectful of the boy who killed Arun Kumar and mental health as well – the very people I am trying to stop from abusing/medically neglecting me.  If an intelligent 50 year old can’t get the health care they are entitled to after years of formal complaints, with the support of health professionals, then how is any child going to get it – especially one with a dysfunctional family.  What I read in this news report http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=11504632 still distresses me.  When that boy was hitting his head against the wall at school saying he wanted to kill himself, I knew exactly how he felt – when I think of this it empower me to keep writing and fighting this gross miscarriage of justice.

 

When I saw the article by Jared Savage I phoned the boys lawyer Maria Pecotic and asked what they were going to do about the boy suffering medical neglect at the hands of ACC and mental health.  I was told that she didn’t know that sort of law, so wouldn’t be doing anything.  I also phoned the Children’s commissioner as he was waxing on about abused kids at the time, asked him to take a case to the Health & Disability Commission for the boy, or approach the police and have ACC and Mental health prosecuted under Sections 150A 151 and 157 of the Crimes Act, and sections of the Crimes of Torture Act.  He did nothing, because like most people, they don’t want to be associated with someone who has become violent due to neglect and abuse (or more correctly Compounding Complex PTSD) – neither did the lawyer I am sure.

 

If we don’t start holding these corrupt irresponsible negligent health services to account through our justice system then this violence, discrimination and abuse is going to continue.  More people are going to become violent as a result – which is already happening according to current violence statistics.  Violence statistics that the current government say are coming down, however they don’t tell you that violence is coming down for 80% of people but increasing for those who are victimised the most.  Another way the government manipulates statistics to make themselves look good and brainwash/influence people who might vote for them.

 

19. Prisoners not allowed to vote.  Another law that saw violations in people’s human rights.  I believe this was necessary for neo-liberals as they knew many more people would be incarcerated because of their cruel immoral inhuman welfare and economic policies.  This was another way of discrediting anybody who ‘was driven’ to commit a crime and followed radicalised American neo-liberal ideas.  NZ now has the second highest rate of incarceration outside USA, we once had one of the lowest.  The ongoing attacks against people who have committed crimes is unrelenting and fuels the bigotry and discrimination against all people who break the law – irrelevant of the circumstances or their mental health status.  (Of course a few people get let off crimes when mentally ill – still those people who allowed those situations aren’t held to account.)

 

I told the judge when defending my wilful trespass charge of Masterton Hospital for protesting that Raymond Ratima (Judds road massacre Masterton) went to 13 different agencies asking for help before he killed those children and others.  Not one of those agencies was held accountable and they have gone on to cause a lot more neglect, abuse and suffering in the Wairarapa, which violence, suicide, mental health and crime statistics prove.

 

Also this case proves the government does not adhere to the Covenant on Civil and Political Rights like it says in other parts of this report.  It is also a great shame people cannot use the Electoral Act to have those cruel immoral corrupt members of parliament removed from office.  If I can ever get a lawyer and/or have police prosecute the government for Crimes of Torture or under sections 150A 151 and 157 of the Crimes Act, then many members of the current government would have to resign from office.  This is what should be happening, because this is the law and the most vulnerable and disempowered people need to be protected from such crimes.  I have spoken to many people and I know thousands of people feel our members of parliament are criminals with the way they advance rich and persecute poor.

 

I hope at this point the people reading this complaint ask themselves why someone like me isn’t working for wages?  Considering the trauma caused by ongoing discrimination, victimization and poverty I am subjected to.  Just so you are aware I do this work so me and thousands of other mentally injured and ill people get the professional treatment, care, rehabilitation, protection and justice services we are entitled to under ACC, health, disability, criminal, human rights and bill of rights laws – so we can work, have a house to live in and lead a ‘normal’ life.  I am fighting for my life, I want to meet my grandchildren and although I have lost hope, I try to keep faith that eventually those in power will see what they are doing is abuse and the rich and powerful will be constrained, while the poor and powerless will get their basic needs met.

 

21.  Compensation for breaches of rights.  I have sought compensation for the years of medical neglect that has left me destitute, suicidal, severely dysfunctional, unemployed and ostracized.  I have also sought compensation for police for all their visits and their unlawful arrests for my protests, along with Wairarapa DHB  See Appendix 4 .  Several years ago I served police with a trespass notice as I saw this could be done in a news item – sadly it was ignored, but I would note it is $2000 for a breach of a trespass order.  I was also told by lawyer Michael Bott after being acquitted of wilful trespass charges of ACC and Ministry of Health earlier this year that I could get compensation.  Of course it would cost me money for the lawyer and I do not know how to do this myself so I have no access to this – as with many poor people. 

 

I was studying law at Victoria before I was hurt and could not return, even though I tried – I couldn’t do it myself and ACC have continuously refused to address my return to education, which I believe I am entitled to under ACC legislation, they refuse to even answer any questions about this.  I am assuming because they think only children at school should get education support, something I would like to challenge in court but cannot.  I passed five out of six papers before I was hurt, when I have tried to return to education since that time I only passed one out of four papers.  I love university, I love knowledge, learning etc it breaks my heart when I read the latest Disability Strategy and the assurance people would have access to education.  The NZ government took away the Training Incentive Allowance for women several years ago, the same funding that Paula Bennett herself received her degree under, while living in a state house.  It makes me and others very very angry that she did this when she had all the advantages of these human rights instruments that ensured our country had equality.

 

I find it very upsetting that I am again out on bail awaiting court for another legal protest at ACC – which followed guidelines set out by Judges Kos and Tuohy in their earlier judgements.  I have also just heard from IPCA refusing to address my complaint against police for dragging me through court yet again when I am so unwell and they have no evidence to convict me.  I have written to the court recently about this Appendix 5 – interestingly I saw the item by Justice Winkelman after this, which confirmed everything I was saying about not being able to access justice because of poverty, a huge power imbalance and disability. 

 

23.  Rights of the Child – I find it distressing to reply to this as I know thousands of abused children are being denied the treatment care, rehabilitation, protection and support they are entitled to under ACC laws.  The only reason I have not acted on the suicidality I suffer and continued living in such poverty is because of abused children, I know what needs to be done to help them recover and stop them from being abused further (or becoming abusers themselves).  On my solutions page on my website www.jrmurphypoet.com there is a business plan and rehabilitation model that if applied as it should be would change the world for thousands of dysfunctional abuse victims.  This business plan was based on the ACC legislation, this is what children (and adults) are supposed to be getting and not.

 

I protest regularly outside the Supreme Court in Wellington and chalk the footpath about what is happening to me and not being able to get a lawyer or justice, have been doing it about five years now (after ACC illegally dumped me from care).  The Council wash it off even though I tell them it’s against the Bill of Rights and my right to express myself how I see fit.  The people who are sent to wash it off don’t agree with what they have to do, but they are scared and tell me they would lose their jobs if they didn’t do it. 

 

The WCC prides itself in how Wellington is the capital and advances political action – there is a saying on the bridge at Civic Square.  The Council should consider the political messages and poetry I do differently than other chalking as what I say is very important but they refuse to look at what I do as anything but graffiti.  When making a decision about whether to remove it they should take the interpretation under Bill of Rights and not do it, which is what the Act states.  From my dealings with WCC staff, they don’t seem aware the Bill of Rights applies to them.

 

Last week I noticed that Victoria University had ‘dinner plate’ size stickers made to advertise their courses and they are on the footpath around Wakefield House.  They would have cost a reasonable amount of money to produce as they are weather resistant.  Chalk is cheap, I can’t get anything I do or experience in the mainstream media, writing on the footpath begging for help and expressing my rage at injustice is one of the only avenues I have.  I challenge people, I write poetry and quotes from people like George Orwell, JF Kennedy, Martin Luther King, Shakespeare, Julian Assange, Desmond Tutu.  I often write out Magna Carta about the right to justice and a judge to decide on a dispute.  Crying again, I believed in the law, now I find only some people have to follow it it makes me really unwell. 

 

In what civil sane society would you wash off quotes, poetry and social comment about suicide, abuse, inequality, injustice and more.  I am really upset when my chalk is removed, please check my youtube channel – https://www.youtube.com/watch?v=gLn_rYKKufo . Also check out my channel for other videos I have posted.

 

Constitution Advisory Panel

I attended around five of the constitution conversation meetings, it was extremely interesting and I learnt so much.  Did some networking with others, mostly high level civil servants and met Max Rashbrooke for the first time.  Discussions included civil servants angry at the way the government refused to accept their advice and kept sending back information requests they didn’t like until the department changed it.  They either chose public servants that did what they wanted, put huge pressure on those who had some ethics and often I am sure did not advance or employ people that believed in their radicalised neo-liberal political theories.

 

It was quite obvious my friend and I were the only poor people at these meetings in Wellington.  When I made comment on someone who was speaking people in the room were often shocked, nobody would believe what I was saying about how bad life was living in poverty in New Zealand.  This refusal to accept reality permeates everything – which is again why my chalking and protesting is so important.  I get severely discredited and abused on social media by radicalised neo-liberals – while getting a lot of support from people suffering like I am, or those who see the suffering immorality and injustice, like Max Rashbrooke. 

 

I made submissions to the panel advising them the government were violating some of the most important constitutional documents.  I particularly noted the words of the National Anthem as being one of our constitutional documents and its promise of being free from dissension envy hate and corruption.  Appendix 6 . Radicalised neo-liberals have bought gross inequality to our country and created exactly what is promised won’t happen.

 

I begged them for help with what was happening to me, I was ignored, the focus was on Maori and their rights under the Constitution, it appeared baige coloured kiwis that cared about the vulnerable and the planet weren’t of any consequence.  I believe neo-liberals have purposely made as much as they can out of racism in New Zealand as some sort of distraction from the cruel immoral implementation of radicalised neo-liberal political ideas.  Polices well known to cause social dysfunction, violence, addiction, teenage pregnancy, mental illness and injured, etc.

 

It is my contention that in fact people who introduced and expand radicalised neo-liberal capitalist ideas of advancing rich and persecuting poor (denying them jobs & sufficient money to live with dignity) are terrorists and murderers.  I ask a lot of people on social media, those really suffering, if they think they are being terrorised by neo-liberal policies that impact on the poorest and most vulnerable and they all agree.  As the middle classes and affluent don’t usually suffer this terrorism they refuse to accept it is happening.  People want to believe the government do follow constitutional laws and the media don’t seem to challenge them if they don’t.

 

My only comment about the treaty will be that I believe in the third article.  I am also tangata whenua, I am a child of this earth and these stars and I belong HERE – the trees told me that during a particularly traumatic time.  My mountain is Aoraki, my river the Hokitika, all pounamu is sacred to me (I know the people who carved my pendant and those of my children), my tree is the Rimu (and Rimu cannot stand alone, which is why my life is a living nightmare).  One of the most special songs I have written is called Ngati Ra.  A kamatua I heard speak at the 10th Biannual Conference on Child Abuse in 2006 said we are all Ngati Ra and I agree.  We are all one people and rich powerful Maori have just as many radicalised neo-liberals leading their people as Europeans and any other race you wish to mention. 

 

It greatly concerns me that many of the people coming to New Zealand to live are from uncivilized countries like China.  A culture who do not care for their disabled and poor, are not signed up to any UN human, disabled, civil or political rights agreements.  Who persecute and exploit their workers to the detriment of our entire planet (as they took decent well paid jobs from New Zealanders and many other countries).  This is another example of economic terrorism, which is illegal in this country. 

 

Have talked to two men outside parliament during protests who told me what its like in China, really interesting to hear it from a person who lives there.  One amazing man told me cruel capitalists had taken over when I asked him what was happening with Communism.  He also said how much he admired my courage for singing, reciting poetry and having political signs outside parliament under Seddon – he said in China I would be put in jail and possibly killed for protesting about the government.  Another told me about disabled people never being seen or they would be abused by people, also that China has lawless cities.  This man had travelled a bit (he was an English teacher) and told me New Zealanders were the most friendly and welcoming he had ever met.  He said in China nobody would speak to a stranger in the street, if they did the person would run away thinking they were going to be robbed or assaulted.  As neo-liberals are trying to create societies like China in New Zealand, we would lose the trust in our fellow man we now have.  We want New Zealand to be like New Zealand, not like other countries.  I find it distressing to see the government promoting China, telling people all the good things that country does but nothing about the human rights violations.  We should not trade with a country that does not follow United Nations declarations on human rights – it is not fair and not ethical.

 

The idea of providing yet more education on constitutional rights makes me want to vomit.  I have attended several education session on Human Rights and disabled rights.  At one I sat there and refused to participate because what they were saying was all lies, I knew this wasn’t happening for me and so did the woman who presented it.  I believe teaching children these rights and how to participate would cause even more teenage suicide as when they start to move out into the workforce 50% of them will realise none of what they learn is actually true.   They will not be able to use their intelligence and many will be stuck in boring jobs with bosses who exploit them – while wealthy friends get good educations and decent jobs.  High unemployment has created many terrible employers and the work programmes MSD demand now force people into doing jobs that hate.  For example Henergy Eggs in Masterton is well known for being a terrible employer and treating staff very badly – it is also owned by our MP Alastair Scott.  Who has refused to see me since he was elected.

 

I phoned every month for several months before Mr Scott would speak to me and when I told him how bad things were for me and what was happening around me he refused to meet me in person.  Said I was abusive, I was telling him about the abuse I was suffering under National and he called me abusive – it was the strangest thing.  But on psychoanalysis it is the same thing I have been seeing through New Zealand, with people who have everything they need and more, in denial about the appauling state of our country for the poorest 20% of people – mostly disabled. 

 

Since that time I have sworn at him, when I ‘lost it’ outside his electorate office when he was getting into his car as I was walking past.  You see I had this belief that your MP had to meet with you and listen to your issues, whether they did anything about them was another matter.  I can’t get MPs to meet with me, they often say they will but then you can’t arrange it, it is very strange.  Katrina Shanks did, she tried to help me, failed and then left politics?  None of the others will, even though I have sent dozens of emails and letters over the years.  I did meet with Trevor Mallard once when I lived in Wainuiomata for a short time last year, he had police called and me removed because I refused to leave until I had finished telling him what was happening to me and that took more than the 10mins he had allocated.  He was the rudest man and again in complete denial, he gave me all these scenarios to get help for my issues, all of them I had tried and failed, he refused to do anything more than pass this problem to someone else who couldn’t help me.

 

Promotion of Rights under Covenant

That is all human rights are in this country when you are someone with a life-threatening psychosocial disorder – promotion and marketing.  No actual protection, just promotion, of course this works to deceive and brainwash people (including staff) into believing these rights are not being violated in ever more degrading and abusive ways.  Ministry of Justice staff have phoned police on several occasions CONCERNED FOR MY WELFARE who come and intimidate me (not necessarily on purpose) for telling the truth.  I will never stop challenging these people until I have my professional health care reinstated, I am compensated for the persecution of the past 14 years, I get the legal representation and protection I am entitled to by law and every other suicidal and traumatised person gets what I get!

 

Also I had to negotiate through the MOJ website recently and had to have help from someone in the Human Rights department of MOJ.  It took five minutes and about 6 different ‘clicks’ to get to the report I am responding to now – I am an intelligent person so I am told, I couldn’t work it out so how is anybody else, especially those being persecuted or with disabilities.

 

You talk about the Attorney-General, who is a radicalised capitalist, he is also a practicing Catholic, which makes him even more corrupt and mentally disturbed.  I’m not a Catholic but Pope Francis is AWESOME with what he is saying at the moment – I thought all Catholics had to listen to the Pope, obviously Mr Finlayson doesn’t do that.  Neither does Bill English, another Catholic who chooses to advance rich people and persecute poor people.  Pretty sure the Bible doesn’t say that!

 

I noted following my attempts at private prosecutions of John Key to get the help I am entitled to the judge made comment that any prosecution under Crimes of Torture Act requires the approval of the Attorney-General.  Refer Appendix 1 Hardly an option when he is part of the group who are terrorising you, which I advised Judge Davidson of.  I havn’t got the time at the moment to research when this requirement was made law, wonder if it is since 1984?

 

All changes to welfare laws that were neo-liberal austerity against the poor, while marketed to society as REFORMS are against NZBORA.  I have been rotting on welfare for 14 years, my current case manager is awesome, she knows how degraded I am by the process that the government have created.  Forcing disabled people (many dysfunctional abuse victims) to repeatedly apply for jobs when there is so much unemployment is cruel immoral degrading torture.  People are killing themselves and mentally injured, which is why 30% of the people who commit suicide are on welfare!  I see it, around me all the time, I want to tell you about a friend of mine who attempted suicide a few months ago, that was kicked out of her house not long after, who is supposed to be coming to live with me.  The story is too hard at the moment, but again I want the opportunity to tell it to SOMEONE!  The numbers of disabled suicidal people having to support other disabled suicidal people is a violation of Human Rights laws.  People with disabilities are supposed to be safe and protected.  I have had three people attempt suicide I lived with in past 2 years – I can’t go on.  Please give me the opportunity to tell this story and what happened to those people – they never got help I can assure you.  Which is why I know mental health services are abusive and unprofessional and all the propaganda about there being professional health care are lies (hypocrisy).

 

37.  I will be sending a copy of this report to the NZ Institute of Judicial Studies, who have obviously allowed the judiciary to discriminate against and persecute an entire sector of citizens disabled by mental injury and illness.

 

Human Rights Commission

I researched the Paris Principles and what an A status entailed, I will be sending this report to the ICC Sub-committee on Accreditation, there is no way New Zealand should have this status.  The Human Rights Commission and government have obviously been lying to these people – I find that a lot with reports about human rights and justice issues.

 

A rich powerful man I cleaned for for a while (Graeme Tulloch of Tulloch’s machinery – Act/National party supporter) who was an international businessman told me once that every country’s workers are known for something.  New Zealand workers were known for covering things up when they made mistakes – this is what is happening in our government at the moment, this is a negative aspect of our culture and it has got to stop.

 

39.   I agree that the majority of input is by organisations and not individual Civil Society Actors.  The latest Disability Strategy makes allowances for DPOs but not for people like myself as a CSA – there is good reason for this.  Most NGOs and DPOs receiving funding from the government and are therefore in a position where they are easily corrupted.  A lot of this corruption is created because of high unemployment and the every present threat of jobs losses and cuts – which is the threat of losing your home and means to live with dignity.  And the more the poorest people suffer, the more threat to people who work – because they do not want to end up unemployed and poor in this revolting country.

 

Also I have been participating for years in some of these processes and have been ignored.  Also participated in the Owen Glenn Inquiry into child abuse, several government inquiries, including funding of sexual abuse services, the Auditor-General audit of ACC last year – which was a total whitewash and much more.  Have done a very angry and emotional protest at the Auditor-Generals office earlier this year, was removed by police in handcuffs and trespassed.  Lyn Provost promised me she would help me, she lied, I have another complaint before her at the moment refer Appendix 8.  The basis of which is how ACC are acting as Health Providers and not health funders when they refuse me the treatment care and rehabilitation me, my psychiatrist, counsellor and doctor say I need. 

 

I was trespassed from Health and Disability Commission several years ago for protesting when they refused to investigate my claims of neglect and abuse because the health professionals doing it were from ACC.  They are right, ACC laws say they are a funder not a health provider, ACC also passed legislation on the Code of Claimants Rights (which HDC based on), rights that nobody can use.  When I tried to make complaints under Code several years ago I was sent a letter on Xmas eve telling me I was a liar and none of the Code had been breached.  The letter was sent three weeks after they told me it would take six weeks to reply, I only opened it on Xmas Eve thinking it was about something else.  I was severely traumatised, as Xmas/New Year is a difficult time for me due to the rape and being ostracized by my family for being unemployed and unwell. 

 

Since then I have developed a phobia about opening mail, I have dozens of letters I cannot open from ACC and many others.  Thankfully many people accept it and we use other ways of communicating, like telephone, texting etc (my WINZ case manager Tina understands and I phone her when I get mail I can’t open so she can tell me what’s in it).  My expectation, when I ever have my health care reinstated by ACC, is my Occupational Therapist and mental health worker will help me with this – which is what they did in 2009 when I was receiving care from ACC (that was illegally withdrawn).  ACC have been unable to find a OT who will provide me services, they all refuse apparently – that is because of serious corruption of contractors to ACC.  There needs to be a criminal investigation into bullying and corruption with ACC health contractors.  It is well known that ACC withdraw funding and clients from contractors who don’t do what they say. 

 

I have had an Occupational Therapist I was supposed to be working with quit when I asked for my care to be reinstated as it was before (in 2009).  She said things like, I’ll have to ask ACC about that, I’ll have to check if ACC will allow that, when I got upset with her she hung up the phone.  I didn’t even know she had quit for months, I just never heard anything, ACC said they were going to find another Occupational Therapist but told me they couldn’t.  The reviews I won through Fairway Disputes Resolution both said my care was to be reinstated – I looked up the dictionary definition of reinstate and its doesn’t mean reinstate some things but not others.

 

40.  The New Zealand government have in fact undermined the protection role it has in human rights in this country, mostly through cuts in funding – that is how radicalised neo-liberals inflict harm on society.  An activist colleague in America told me that is the strategy in their country and as New Zealand is strongly influenced by American policies it is no surprise it is now being used here.

 

The changes of course were to strengthen the promotion aspect of Human Rights while debasing the protection role and it has worked very well.  This is why I am continually arrested for my protests, have police regularly sent to my house for ‘welfare checks’, am refused help by Ombudsman, Human Rights Commission & Tribunal, Health & Disability Commission, Auditor-General, cannot get a lawyer to represent or protect me, politicians, government ministers, my Member of Parliament, etc etc.  If I had money I would be able to get a lawyer, but I am kept destitute by refusal of ACC and others to reinstate my professional care from 2009 and mental health services refusing as well.  There are avenues through WINZ but they are for people with mild mental health issues and when I tried to use them were useless.  The Occupational Therapist at WINZ I tried to deal with was very young, very stressed and very unprofessional – I felt sorry for her.  Hard to deal with someone who knows more about Occupational Therapy and a persons rights to health care than she did.