Tag Archives: justice

Validation – Unnecessary suffering & persecution of poor by rich elites in New Zealand

Been checking out more of Chris Hedges work at RT ON CONTACT – its validation of everything I have learned and suspected for years.  These people are the most vile greedy murderers and they’ve turned so many in New Zealand into images of themselves – especially our judiciary and universities – which is taking some time to get my head around.

This information gives you a good overview of how America, New Zealand, UK and others have got to this point.  Knowledge is power NOW action is vital.  Going to be following more of what Richard Wolff has been saying, educating myself and screaming it in the faces of all our politicians – especially Labour after their appalling comments this week – that do nothing to change our neo-liberal nightmare.  Like Jacinda Adhern saying how Labour is going to fix youth suicide with nurses in schools – completely ignoring WHY these young people have no hope for the future and want to kill themselves.  Will of course lead straight into the hands of the elites who own all the drug companies.

The following On Contact discussion about Prophets, was like watching someone describe my motivation and life over past 15 years since I was raped and expected to receive health care I needed and was entitled to from ACC – according to multiple laws.  I am just doing what so many before me have done throughout history – shouldn’t be surprised of course with what I know about traumatic stress disorders/persecution and human behaviour.

Then there was this one which blew me away, it came up randomly but once I started watching I couldn’t stop.  Wouldn’t it be amazing to see these sort of truth on mainstream TV – but no the elites have got that all sewn up, censorship is their game - mmmmm that gives me some ideas.

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.

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

Judith Collins MP – I see….. a poverty of government responsibility in New Zealand

This is a my response to Judith Collins and I have also sent this to Eric Frykberg at Radio New Zealand.  I will keep you informed if I hear anything from Radio NZ or a response from Judith Collins.

Sent: Thursday, 13 October 2016 5:56 a.m.
To: judith.collins@parliament.govt.nz
Subject: Mentally injured abuse victims refused prof care & rehabilitation by ACC for 30 years

Dear Ms Collins,

I was horrified to read your news item about how you consider crime to be the fault of useless parents and I felt the need to point out that it is the past 30 years of neo-liberal governments that have caused 80% of this.

You were Minister of ACC, you know who I am because I wrote to you many times, I have protested many times about mentally injured abused men women and children not getting the professional treatment care and rehabilitation (safe homes and jobs) they are entitled to under ACC, health, disability, criminal, imperial, human rights and bill of rights laws.

If these parents you say are irresponsible had received the professional health care I have described above, and required under law then they wouldn’t be as dysfunctional as they currently are.  If these people had not been forced to live in poverty for years, degraded and discriminated against by politicians, media and uninformed ignorant citizens then they wouldn’t be dysfunctional.

If mental health services had not been corrupted, shut down and moved to a drug based regime to advance drug companies then they would not be dysfunctional – they would get the child care and other extensive health, rehabilitation and social supports they are entitled to under New Zealand and United Nations laws.

That you would come out with such a statement I find extremely disturbing – blaming the very people you, those you work with and those who support you discriminate against and persecute to the point of violence addiction and suicide suggests you have some sort of mental health issue.   I call people like yourself radicalised for good reason – it is a fact that neo-liberals who imposed immoral degrading reforms since the 1980s created our current violent and dysfunctional society.  Please go to the internet and look up anything about the impacts of neo-liberalism and inequality on developed societies – its all there – there are some excellent TED Talks by world experts.

New Zealand is mentioned many times because of the significant increase in inequality over such a short time and the corresponding social issues that resulted, like crime, homelessness, family violence, sexual violence, addiction, mental illness and suicide.

You said in this article you were being un-PC, this isn’t true, you were being ignorant, bigoted and radical.  The media will only let NICE people respond to your vicious hatred and radical opinions, mostly because our media have been an integral part of the moral degradation of our society into this violent state.

You are immoral, you advance rich people and businesses, disadvantage middle classes and persecute disabled poor.  You terrorise vulnerable minorities of disabled (many abused) men women and children with laws you call reforms, you take their money and their dignity, then you make comments to the media that blame these people for your radical behaviour.

Now the damage National Party have done over the past nine years is causing so much damage in society people like yourself are in complete denial, still trying to pretend this isn’t your fault, when of course we all know it is.  I am just thankful the mainstream media have started to tell the truth about the true drivers of crime, which of course are corrupt, cruel, immoral, bigoted politicians and community leaders.

I would suggest you read my website (www.jrmurphypoet.com) and see all the laws your government violate in order to advance your violent radical ideas.  It also has all the health care and welfare provisions the government are legally supposed to provide but do not.  They would rather borrow money and spend $millions on interest to foreign banks – so they can buy rich people’s votes by cutting rich people’s taxes.  You are a seriously disturbed human being, and with your knowledge of the law I find what you do and what you say even more mentally deranged than other members of your party.

Did you realise Ms Collins that the first law is Westminster Statute the 1st, which says Common right be done to all rich as poor.  Why do you think they made that law?  You do realise moving from a country of equality to one of inequality that advances rich and persecutes poor violates this law.  Next law is Magna Carta, which says you cannot destroy anyone and everyone has access to right and justice.  I am sure you would know from recently Law Society reports and people like Justice Winkleman that thousands of disabled mentally injured and ill people are not getting access to justice (ie they cannot get lawyers – me included).  You would also know all the laws your party has made that stops poor people from having access to lawyers, legal aid and justice.

You would know that your party drove disabled people to look for work, when they are responsible under United Nations to provide jobs for disabled people.  Because of course you would understand in a radicalised capitalist/neo-liberal economic society no employer takes on people who are not 100% fit and able to produce at the maximum output.

Please also consider the information on my website (www.jrmurphypoet.com) as a plea for help to stop police persecuting and harming me for legally protesting about corruption, incompetence and abuse in mental health services – particularly in the Wairarapa where I live.  I have made multiple complaints of crimes under Sections 150A 151 155 157 of the Crimes Act and been told they would not act on these serious complaints of criminal negligence.  You are the minister, please do something about this gross miscarriage of justice.

If you require me to sign a privacy waiver, please advise me as soon as possible.  I am sure as a lawyer and politician you would not like to see a disabled citizen being persecuted, discriminated against and having their human, civil and political rights violated.  Word of law is vitally important to keep peace in a civilised society, without that we are seeing the dysfunction you are describing and blaming on the victims of prolonged terrorism rather than taking responsibility for what you and those like you have done.

Kia kaha to us all – time to admit your mistakes and rectify the terrible dysfunction you have caused in our society.

Sincerely

JR
Civil Society Actor

 

 

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

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

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

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

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

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

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

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

Anyway a bit off topic.

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

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

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

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

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

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

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

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

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

Kia kaha to us all

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

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

 

Murray Jack GOTCHA!

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

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

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

enD

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

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

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

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

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

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

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

 

Submission on Disability Strategy – New Zealand

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

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

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

 

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

     

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

     

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

     

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

     

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

     

     

     

     

     

     

     

 

 

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

     

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

     

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

     

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

     

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

     

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

     

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

     

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

     

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

     

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

     

    My Vision Statement for Mental Injury Services:

     

    To be a world leader in the

    treatment, rehabilitation

    and support of the mentally injured.

    to have a positive affect on

    the happiness and prosperity

    of all the community.

     

     

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

     

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

     

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

     

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

     

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

     

     

    WHAT’S IMPORTANT TO ME

     

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

     

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

     

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

     

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

     

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

     

    Outcome 1:                            Attitudes

     

    I am valued by society just like everyone else

     

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

     

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

     

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

     

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

     

    Outcome 2:                            Justice

     

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

     

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

     

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

     

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

     

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

     

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

     

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

     

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

     

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

     

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

     

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

     

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

     

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

     

    Outcome 3:                            Choice and Control

     

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

     

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

     

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

     

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

     

     

    Outcome 4:                            Health and Wellbeing

     

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

     

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

     

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

     

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

     

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

     

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

     

     

    Outcome 5:                            Accessibility

     

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

     

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

     

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

     

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

     

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

     

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

     

    Outcome 6:                            Leadership

     

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

     

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

     

    Outcome 7:                            Education

     

    I have the same education outcomes just like everyone else.

     

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

     

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

     

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

     

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

     

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

     

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

     

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

     

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

     

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

     

    Outcome 8:                            Employment

     

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

     

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

     

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

     

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

     

    Kia kaha to us all.

Hurry Mr Ombudsman

Please hurry Mr Ombudsman
Rescue me from this red tape war

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

Please hurry Mr Ombudsman
This war is such cruel hell

Please hurry Mr Ombudsman
There is evil down in this well

Please hurry Mr Ombudsman
Get me off this torture wheel

Please hurry Mr Ombudsman
I just want to work and heal

Please hurry Mr Ombudsman
This situation is so NOT RIGHT!

Please hurry Mr Ombudsman
Before my disorder wins the fight

Please hurry

Jayne

eNd

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

Conviction for Wilful Trespass of ACC – OVERTURNED – BOOM!

IN THE HIGH COURT OF NEW ZEALAND

WELLINGTON REGISTRY                                                         CRI-2016-485-15

                                                                                                            (2016) NZHC 1495

 

BETWEEN                 JAYNE ROUTHAN

                                    Appellant

 

AND                           NEW ZEALAND POLICE

                                    Respondent

 

Hearing:                      28 June 2016

 

Counsel:                      Bolland

                                    Wood

 

Judgement:                  1 July 2016

 

 

JUDGEMENT OF WILLIAMS J

 

Introduction

 

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

     

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

 

Facts

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

     

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

 

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

 

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

 

District Court Decision

 

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

     

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

 

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

 

Submissions and issues

 

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

     

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

 

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

 

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

 

Analysis

 

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

     

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

     

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

     

  4. the size of the assembly and its duration;

     

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

     

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

     

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

     

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

 

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

 

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

 

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

 

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

 

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

 

J WILLIAMS  

 

 

                                   

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

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

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

SUBMISSION ON SOCIAL SECURITY REWRITE

SUBMISSION ON SOCIAL SECURITY LEGISLATION REWRITE BILL

JR

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 I wish to speak to my submission in person.

 June 2016

 

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