Tag Archives: law

Tony Ellis Sitting In Your Palace

Just heard the story of another terrorised abuse victim and her experience with this misogynst, insulting, vicious, corrupt pig Tony Ellis – so thought I’d post this old poem of mine.

Tony Ellis sitting in your palace
Looking down your nose at me
Saying I’m not here for you peasants
While nothing for men I see

I only deal with important stuff
Violent abuse I’d rather not see
I havn’t got time, now get off my mind
Stories of intimidation, discrimination, bigotry

Tony Ellis sitting in your palace
Could you look me in the eye and say
I’m far to busy, its not important
Now please just go away

I’m trying to expose the truth
Don’t ignore this most serious crime
This crime against those abused
That affects society, the soul, the mind

Tony Ellis sitting in yuor palance
Watch my words upon the web
JR Murphy poet & artist
An activist you all dread

Please come down from your palace
Come visit me I”m real
An intelligent human being saying
Somethings wrong when care’s a torture wheel

enD

Been changing it as I rewrote it, might have another go at it later, now I know how corrupt Ellis and our justice system truly are, grrrrr.

United Nations Application for intervention under special circumstances in New Zealand

Scouring UN documents I found a less formal, more urgent mechanism to get urgent action from the United Nations Commissioner on Human Rights.  Hopefully I have provided enough information to get the police off my back, plus the health care and lawyer I need to continue my fight for justice and professional care for me and other mentally injured abuse victims.

13 April 2018

 

 

Office of the United Nations High Commissioner for Human Rights

United Nations Office at Geneva

8-14 Avenue de la Paix

CH-1211 Geneva 10

SWITZERLAND

 

 

Dear Sir/Madam,

 

Special Circumstances of Urgency and Sensitivity

 

I have been pouring over United Nations documents again as I attempt to put together yet another report/submission on human rights and other abuses I am experiencing and see around me. There is nobody I can tell about what is happening that will help me, you are my only hope to get health care, protection and justice I am entitled to.

 

This dispute between myself a govt health provider (ACC) and justice organisations has gone on for 15 years in total. More earnestly in the past 9 years since ACC illegally withdrew all my care and severely aggravated my stress disorder, tried to drive me to suicide – they were supposed to be helping me overcome.

 

They have ignored health professionals and myself in regards to my care, when they have no legal mandate to do so – they are a funder of health services so they proclaim therefore exempt from Health & Disability scrutiny. They have violated criminal laws which say no disabled person is allowed to be left in a position of harm – which ACC and New Zealand government have done many times, while I was screaming for help. (Crimes Act Sections 150A 151 155 157).

 

I am very unwell and have recurring bouts of chronic suicidal ideation – which is a living nightmare of torment. My stress disorder worsens as I continue to be denied professional rehabilitation and a safe home to live in that is required by law. ACC manipulate the police and have me dragged through court repeatedly. They refuse to name my ACC case manager (she has a false name of Sarah Jones) so she could be subpoenaed for a criminal/constitutional case I was involved in, for protesting about what was happening. They had their lawyer, who belongs to a top law firm in Wellington with a large staff, threaten my lawyer (a mum, with a part-time secretary & no permanent office) if they tried to subpoena the head of ACC Scott Pickering instead of the case manager they would start judiciary review proceedings and delay my case for months. I was very unwell and not coping at all with this court process, I could not get any services, I could not participate – I did not turn up to the second part of the court proceedings. I also had nine pages of statement withdrawn by my lawyer at the last minute, which was devastating and a miscarriage of justice. I went ahead and was acquitted of wilful trespass charges but charged with graffiti with chalk pen – after being insulted and discriminated against by two police officers – who then assaulted me and lied in court.

 

There was no point in delaying proceedings until I was well, because that was never going to happen until ACC reinstated my care and I was in a safe stable home, and they had been denying me care for years after winning the two ACC reviews. The latest round of protests were done because ACC started using the police to terrorise me using Misuse of a Telephone charge, for phoning them and leaving a message when I was very unwell and screaming to have my care reinstated. More than once they did this, then dropped the charges during the court hearings so the judge wasn’t aware of what my motivation was.

 

I desperately need a lawyer I have been unable to find one myself in 15 years & have several disasters, with a couple of successes.

 

I have never been able to get a lawyer to force ACC to do what the law says, I have a letter from my last criminal lawyer that I have serious unmet legal need. I have Wellington Community Law trying to find me a specialist Constitutional lawyer which I am entitled. Also the Wellington Law Society looking as well. My case is too complicated for majority of lawyers. Experts in constitutional laws are at all the large law firms that contract to the government. I have asked several of them to represent me and they tell me it would be a conflict of interest, plus of course they don’t do legal aid.

 

I can get legal aid, I just can’t get a lawyer. Legal Services Agency try and tell me I don’t have a case, which is incorrect and what qualifications and information do these people have to make such a statement. The justice system has been eroded for years under neo-liberal terrorism in order to harm the poor and deny them justice. The majority of who were disabled people with mental health issues – not being addressed and put under extreme economic strain and suffering criminal neglect.

 

Can you please tell ACC and the New Zealand government to provide me the professional treatment care rehabilitation and safe home I am entitled to under ACC and other laws & after winning two reviews in 2010/2011. Perhaps Zeid could phone our Prime Minister Jacinda Ardern and ask her directly to intervein in my case, please I would be very grateful, I am very unwell. So many around me are suffering and dying, please help us we are the human sewage of our neo-liberal controlled society.

 

Can you please acknowledge me as a Civil Society Actor so I can get the protection of the United Nations. I adhere to the handbook on Civil Society. This is my work and my story www.jrmurphypoet.com twitter @jrmurphypoetry – Youtube JR Murphy Poet – facebook /jrmurphypoetmusician . I don’t deny being challenging and controversial, especially in the area of suicide, inequality, mental health, human rights etc. Our society refuses to address the underlying issues to these damaging social problems. How I am being treated by the health and justice system and human rights organisations in New Zealand is proof of how corrupt it truly is. I am discredited, discriminated against, rejected and marginalised by those in authority. I have a lot of support in the community from others in the targeted minority group I belong to and other activists who understand the issues. They do not protest the way I do mostly out of fear. If the UN can protect me, they can protect other disabled Civil Society Actors and people who being persecuted can finally be heard and rescued.

 

Can you please arrange for me to see a lawyer that can be trusted perhaps a lawyer from outside New Zealand, I have lost faith in those here – they have profited hugely from government economic cruelty and lack of mental health services.

 

Can you please arrange an international human rights expert to look over my case. So the justice sector cannot discredit what I am saying because I am a lay-person with a mental health issue. Not a mental health issue that makes me a liar or unaware when my rights are being violated and I’m being discriminated against and terrorised purposely.

 

Can you please arrange for someone to keep checks on police visits to my home and legality of court proceedings following any non-violent political protest. I have tried to trespass police, they ignore me, I am especially terrified by ‘welfare visits’ regarding my mental health. I could give you several police officers names who support what I do and not what is happening to me and others.

 

Please protect me, Andrew Little gloated New Zealand and his government was a defender of Human Rights – he lied – he knows about my case and refuses to do anything. All I want is my health care back so I can heal from my mental injury and return to work so I can live with dignity and in safety. Flatting with strangers when you are disabled vulnerable and 53 yrs old is terrifying, flatting with people you know can be even more so our society is so dysfunctional in the ‘darklands’.

 

Please I don’t want to die, I don’t know how many more suicidal episodes I can go through without professional help. That I was turned down for only four months ago – the psychiatrist refused to work with me because I didn’t believe in psychotropic drugs. That was yet another violation of my rights. I don’t take those drugs for ethical and religious regions, ethical because I have done enough study and talked to enough people with CPTSD to know how sick they can make you. Religious because spirit told me not to touch them, I am a rescuer and it would damage my ability to protect myself spiritually when I was under attack from dark spirits – who I help pass over to the light – there are many people who do it.

 

I have so many other complaints of violations of my civil, political, economic, social, cultural, human, women and disabled rights. I desperately need my special circumstances taken into consideration, so help now will lead to justice being done in the future for me and other disabled mentally injured abused women.

 

When I try to bring together all my evidence I become severely overwhelmed and can’t deal with it, I become highly suicidal, self-harm and more. I need help, impairments related to my disability prevent me from making complaints to the United Nations under human, civil and disabled rights – I need those urgent things I have asked for above so I can participate fully in the human rights process.

 

I hope and pray you hear me, as leaders of my own country do not. The support I am asking for is a way for the United Nations to do something practical in the life of a disabled CSA with a life-threatening disorder. Someone from the very group of people with mental health issues who are making vast majority of complaints to the United Nations about human rights violations.

 

I have written many poems and songs about what my country is putting me and others through. Is it at all possible to facilitate an exhibition of my work, art, poems, music – I wrote all these things for the people who were harming me and didn’t want to see – those in positions of power over us. Can the United Nations stand by me, what I’m singing about, share my work and support me through their social media and extensive networks.

 

I noted at the first consultation meeting on the UPR of Human Rights in New Zealand the United Nations Association of NZ had a lawyer speaking for them – can I have access to these legal specialists perhaps? I have tried to get help from them before but they turned me away very rudely saying they didn’t deal with individual cases. That was several years ago. How can they speak on my behalf if they don’t want the details of what is happening to me, that only gets worse and more violent.

 

I have deeply held concerns about violations of what disputes can be put under a Tribunal and was shocked to realise such an important area of law as human rights was being adjudicated in such a manner. Tribunal members chosen by the same government violating human rights, which is a serious violation of separation of powers. Members that denied me a fair hearing of my human rights complaints.

 

In the next few months I will be participating in the UPR on Human Rights in New Zealand, also disability rights and economic social & cultural rights. I will discuss the issues as I see them and the solutions. But first I need to feel safe in my own home, if I am to do the work needed to participate in the justice process and have my human and other rights defended. This is why I have made this special request and hope with all my heart the United Nations agrees with me and can protect me, particularly under CSA rules.

 

Yours sincerely

 

 

 

 

JR

CIVIL SOCIETY ACTOR

 

 

Carterton

NEW ZEALAND

 

 

 

 

 

Government Corruption in New Zealand Justice System

I have been doing some investigation into human rights justice instruments supposed to protect human rights in New Zealand which quite obviously DO NOT in area of mental health.  A review of the Tribunals unit which is supposed to cover only issues that are not serious shows constitutional and life-death decisions of the government are being adjudicated there.  By people chosen by the government, this is a gross violation of separation of powers and is quite obviously where most corruption and human rights violations are happening.

 

Currently there is a review of the Tribunals law and new proposed law which will see even more civil & human rights violations along with persecution of people with psycho social/psychological disabilities, especially through our court/justice system.

 

This is a list of those justice issues in the Tribunal – note, govt chooses to set up Tribunals and not put them in a court:

 

Occupations Tribunal – for professionals from other countries to be registered

Disputes Tribunal – for monetary disputes up to $15,000 – soon to be $30,000

Motor Vehicle Dealer – registration, complaints etc

Real Estate Tribunal – complaints

Copyright – complaints

Abortion – registration of surgeons etc

Customs – complaints

Land and Title – complaints

Licenses and Certificates

Weathertight homes

Waitangi tribunal

IMMIGRATION – disputes

TAX – disputes

TENANCY – disputes

HUMAN RIGHTS – disputes

ACC – disputes

LAWYERS & CONVEYANCING – disputes

LEGAL AID – disputes

SOCIAL SECURITY – disputes

STUDENTS – disputes about entitlements

 

There is NO WAY disputes against the crown/government should be adjudicated in a Tribunal where the government chooses the members who make decisions.  Those above in capitals are part of our constitutional laws, the most blatant of those is Human Rights.

 

In my case I won two ACC reviews at the Tribunal and have been waiting 8 years for them to reinstate my care.

 

Constitutional law MUST BE PUT UNDER HIGH COURT OR SUPREME COURT SYSTEM – if New Zealanders value it like they say they do it should not be in a lowly Tribunal where government has complete control over it.

 

Government are using huge law firms to defend cases against some of the poorest and most victimized members of society – the playing field must be levelled.  As I have said before there must be a constitutional law service paid for by taxes – that matches all need in society, as required under law.  Constitutional law must be given its proper status in our commonwealth democracy that adheres to Rule of Law.

 

There must be a jury of our peers presiding over constitutional law decisions – Tribunal members and judges have failed us.

 

Disputes about torture must be taken from the Attorney-General, I have asked the Attorney-General for many years to allow me to take a case of Torture against ACC and others – I am refused.  I tried to do it myself and was told by Judge Davidson I was being malicious and I didn’t have consent of Attorney-General.  He also referred to Imperial Laws Application Act 1988

New Zealand Human Rights law cases should be heard in Supreme Court

It has become quite obvious to me over the past few days that having human rights cases heard in a Tribunal is grossly inapproriate & causing serious violations of United Nations declarations and Constitutional Law.  Our entire society is suffering and people are dying.

Human Rights violations of people with mental health are rampant and what 90% of citizens are complaining to United Nations about.   This is a constitutional law and yet it languishes in a Tribunal with members who aren’t even lawyers and are chosen by the government of the day – a gross violation of separation of powers expected in a democracy (a democracy YEAH RIGHT).

The oher tribunals involve material and financial matters – having tribunals dealing with the lives and deaths of 100,000s of people is grossly inappropriate and I believe a purposeful act of harm against an entire sector of society.  It denigrates constitutional and human rights laws.  Then there is the ACC tribunal which should not even exist, the conduct of this organisation in my case has been nothing less than psychological torture and persecution – gross violations of my rights and massive cause of harm – not just for me but many others.  They should be under health system, they have corrupted their current system and have no right to have it continue with the abomination they have created for many citizens (who own ACC).

WE DO NOT NEED A NEW CONSTITUTION – we need to empower the current one, moving cases to our expensive & beautiful Supreme court, which is only used 55 days a year at the moment,  is essential to ensuring the integrity of our constitutional laws. It must be free, the power of money imbalance must be addressed, this is why we have Rule Of Law.

There must also be legal representation for people who take cases of human & constitutional rights violations to court – I’m sure most would be like me and incapable of representing themselves.  Currently the government employs multiple expensive law firms to oppose people claiming human rights abuses, poor and sick people.  For my protesting criminal charges I get an overworked country lawyer out on her own and our opposition is law firm Meredith Connell with a team of over a dozen lawyers and support staff.  The scales of justice need to be evened up.

I can imagine there would be hundreds of good people, good lawyers who would jump at the chance to work in the area of human rights and constitutional law, especially for disabled and mentally injured abuse victims like me.  Who the government and society been screwing over for years.

You could run it through Public Defence Service across the road – cause very few of their lawyers know constitutional and human rights laws, its a specialist area, that does intersect with criminal law.  Also they can be complicated and time consuming, govt has run down the justice system just same as education and health (I believe to purposely harm society & profit from it).

Imagine walking into the Supreme Court and having our countries most senior judges sitting before you to hear your case against our own government that sits just across the road.  If I ever see that day – well – there will be tears.  What a dream though.

Budget Policy Statement 2018 – New Zealand

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

 

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

 

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

 

Government kindness was

Never an OPTION

And

Cruelty was always

ILLEGAL

 

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

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

 

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

 

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

 

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

 

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

 

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

 

ECONOMIC AND FISCAL OUTLOOK

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Kia kaha and Aroha to us all

 

JR

Civil Society Actor

 

19 January 2018

I was wrong & so was Mike King – WE NEED AN OCCUPATIONAL THERAPIST

I was thinking last night that in fact I don’t agree with Mike King saying the promises in the Suicide Prevention Strategy aren’t quantifiable.  All that needs to happen is a good Occupational Therapist – like my old one Glenda, to make up a plan.  I’ll have a go in next few days.

That’s really what an occupation therapist does, looks first at the outcomes the person and government want, then work backwards from their to ensure it happens using professional rehabilitation models.  I studied them at university, I know they exist.

I also know by not using a professional rehabilitation model they are experimenting on people – and that is illegal under Human Rights Act and International law.  I’ve written to ACC telling them this and saying I do not agree with being experimented on and to provide me professional rehabilitation immediately.  Was ignored of course.

 

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.

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  

 

 

                                   

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