Tag Archives: mental health

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  

 

 

                                   

ACC Ministers deny responsibility for Corporation persecuting claimants

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

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

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

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

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

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

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

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

Sincerely

 

Putting energy into failure – Haumanu House, Carterton

I’m sitting here looking at the big photo of agency representatives and Carterton dignatories opening the old police house as a HUB for social services in Wairarapa News and I want to throw up.  So much energy put into a system that is a complete failure for so many people here.  It is these services, these AGENCY representatives and dignatories that are failing our community, this is the system that causes people to suicide, become addicts, violent, to suffer without professional health care and support in this community.

For example WINZ – will they be having a full time security guard on duty to kick anybody out who becomes distraught because they don’t have enough money or anywhere safe to live?  I can’t even go to WINZ any longer I am so traumatised and degraded by it I tick really badly, can barely speak, want to self-harm and get violent thoughts of suicide (that’s what happens after 14 yrs rotting on welfare begging ACC for help to return to work like the law says).  I have an awesome case manager in Masterton and I can call her, but she works within a system and when she was away recently the computer cut my benefit off because it hadn’t received a medical certificate I DIDN’T KNOW ABOUT.

COMMUNITY LAW CENTRE – over the years since I have been persecuted (that’s what the dictionary says is happening to me) by ACC and other mental health providers I have been turned away from the Community Law Centre several times.  The most vivid include me going to the office, asking to see a Human Rights lawyer, being told there were none in the Wairarapa.  When I said I will see any lawyer then, I was told THAT WOULD BE A WASTE OF THEIR TIME.

Another time I again told a woman how bad my situation was, how bad my mental health was and was told there was nothing the law could do about it.  As I was at law school at Victoria before I was hurt and had copies of ACC, disability, human rights and bill of rights laws I knew that was not correct.

More recently Wairarapa Community Law told me they had no idea how to do a judicial review.  That other people had asked them as well but they just couldn’t work out the process it was so complicated.  Again I was refused access to a lawyer about human rights.  The Judicial review process is an important part of our legal and democratic process when all else fails.

I have been told by other Community Law Centres that I need a lawyer, when I tell them I cannot find a lawyer I’m told there is nothing they can do.  I have also been told Community Law are NOT ALLOWED to help people represent themselves in court - its not in their mandate.

I was told by Ministry of Justice I needed a civil legal aid lawyer for my human rights complaints – I was sent a list, I phoned every person on that list and was told they were too busy, there were not lawyers available in New Zealand for civil legal aid – people were too busy dealing with criminal legal aid.  When I contacted Ministry of Justice about not being able to get a lawyer the woman said it was probably because I didn’t have a case (which is not true) and there was nothing she could do.  I reminded her it was law that I have to have access to right and justice.  She abused me and hung up.

So what’s the point in having Community Law come to town when they won’t and can’t do anything?

FREE BUDGETING – how can you budget when you get $400 per week (that you have to keep reapplying for because your previous 9 flatmates all stole from you, vicimtized you and traumatised you and you currently can’t find another so you’re getting some special benefit to live).  Your rent is $250 per week and you can’t even afford to get to the ACC counsellor who is currently the only one supporting you (because ACC illegally removed the other 4 health professionals and 12 hours care per week you had – and refuse to reinstate it after winning two reviews).  Does this budget in having a drink with friends in the community – just one drink?  Does this budget for going to concerts or shows that your other friends go to?  Does this budget for firewood or having $1000 in reserve in case a family member dies so you can travel?  Does this budget for your dog of 14 years getting sick, dying and leaving behind a $800 vet bill?  Does that budget for your bulimia :-( ?  Does this budget for $600 worth of wood for the winter?  Does this budget for any debts you have, like legal aid debt being forcibly taken from your benefit at $10 per week – for a protest where you were acquitted of wilful trespass of ACC and Ministry of Health for legally protesting about mental health services and ACC.

What happens when you are that broke you just stay home, every time you go out you spend money or someone wants you to spend money.  You don’t want to be around people because they tell you all the ways they are spending their money.  You are so stressed by poverty you phone people screaming for help to get your care back, so you can return to work, so you can live.  Those people send the police, concerned for your welfare, but not concerned with the fact you are not receiving the health care etc you are entitled to.  You live on $1 bread.  You go to the supermarket, your card declines for $6.50 (because you only had $6.20) and you run out of the place crying in shame, leaving the $2.60 in small change you had already given to try and buy some sanitary pads, bread and milk you wanted.

DRUG AND ALCOHOL COUNSELLING – I don’t do drugs or alcohol, although I know after Paul Holmes pushed for more help for drug addicts huge amounts of funding moved out of general mental health care into drug addicts.  I’m supposed to get ACC counselling but even now I have a flatmate and can afford to get to Masterton it appears ACC and the counsellor can’t organise for me to be seen.  Although counselling is such a small part of the care I need, its difficult to go to counselling, tell the person who bad your life is, she agrees with you, agrees there is insufficient residential and home care for abuse victims – tells you there is nothing she can do – she’s watching other abused women suffering like you, they’re not being helped either – its a tragedy and so many are dying but there is just nothing she can do.

PATHWAYS – Went to Pathways when they first took over mental health care in Wairarapa years ago, was told in no uncertain terms there is no way I would be eligible for any of their services and in fact I didn’t need the services I said I did – even though ACC had been providing them through a psychiatrist, Occupational Therapist, Mental HEalth worker and others in the community but illegally took them from me and refused to reinstate.  Mental health don’t provide the services ACC provide, they don’t have that sort of money.  I could of course have any medication I would like – given that mental health services in the Wairarapa have the highest rate of psychotropic drug use in New Zealand.  And if I continued to complain that I wasn’t able to access professional health care I would be forcibly committed and forcibly medicated.  Given Wairarapa mental health also have the highest rate of compulsory treatment orders because they are so horrendously incompetent and unprofessional, its not surprising really.

I have even contacted the people who own Pathways to make complaints and made formal complaints about their services (or lack of) through the Health and Disability Commission and DHB.  I am discredited and ignored, told I have a personality disorder WHEN I DON’T.  I do have several good psychiatric reports by senior psychiatrists Dr Alan Doris and Justin Barry-Walshe, that support what I am saying.  They also say I am intelligent, do not have a personality disorder and am not delusional.  Being accused of being delusional for knowing what you are entitled to and asking for it is very disturbing.  Andrew Curtis-Cody on the other hand, who is the main reason I am unable to access any services is a NURSE and has been ACTING head of adult mental health services for over a decade.  The man is mentally disturbed and has serious issues with women.

WORKWISE – Went to them years ago, begging for help to return to work, because I had given up on ACC.  I was treated like human sewage, told they would help then ignored.  They even had an education test done so I could get help to return to university – when I asked for the results I was told they were paid for and owned by Workwise and I would not be allowed a copy.  I begged them to send to disability services at Massey University (where I was studying Rehabiltiation, Health 101 and Disability at the time) they refused.  When I made a formal complaint I was phoned by a manager at their head office, insulted and abused for it.  I have seldom been treated with such contempt as when I dealt with Workwise and I would not be able to interact with this organisation without becoming very unwell.  If I had the multi-disciplinary team of health professionals I had in 2009 they would have helped me overcome this ‘phobia’ and gone with me to support me perhaps.

HAUORA – were supposed to help me late last year with flatmate problems and someone I knew who was taking advantage of me, had poor mental health herself and ended up causing me huge financial problems and coming to my house and abusing me.  I begged Hauora to help her as I couldn’t cope with what I was being expected to do to support her.  I sent letters of complaint when they didn’t help and the situation deteriorated, they came to my house and abused me.  Telling me the situation that had happened was nothing to do with them, even though I had been begging for their help.

WHAIORA – Went in their once to go to a doctor because I was so poor and couldn’t afford one.  Was refused care and treated so badly by the receptionist I left and would never ever go back.  I have tried to access Whanau Ora services as I am told I am entitled to them, I phone people and nobody gets back to me.  I heard they are starting up again, maybe.  But I know I will have to work with people who are not professionals and have serious issues themselves – so many people do not understand Complex Post Traumatic Stress disorders and years of degrading persecution I have been subjected to.  They do not understand that I am phobic about going for a job interview because the person who raped me was found not guilty – even when he admitted I was asleep when he started doing it.  I am phobic about being judged and in 2009 I was just about to start working on this with the Occupational Therapist when my care was illegally withdrawn by ACC and Peter Jansen only six months into a rehabilitation plan that was supposed to be 2 1/2 years.

IRD – Ahhhh my $7000 student loan – stupid me took out a loan in 2001 for my studies, even though I was eligible for TIA at the time – I didn’t want to be a bludger.  At the end of the first year when I was raped and tried but couldn’t return to study because I wasn’t getting the support I needed I had to quit.  Because of when I was raped I am entitled to a disability payment from ACC that was wrongly calculated at $18 per week, but you can’t argue with ACC.   When I was getting paid this money I had to start making payments of $10 per week to IRD in order to pay back my student debt.  When ACC removed me from all services in 2009 they said I no longer was eligible because my mental health issues weren’t related to the rape.  That was later proven wrong and all services were supposed to be reinstated – they never were and neither was the Independence Allowance.  It makes me cry when I hear of other abuse victims getting these payments when I am refused.  Sad I can’t get a lawyer to make them, because ACC don’t do anything without a person having a lawyer.

RUTH CARTER, JOHN BOOTH and many others in that photo know some of my story and do absolutely nothing to help me get the health care I am entitled to so I can return to work and survive in this community.  Putting all their energy into ‘the system’ of failure 30 years of neo-liberal government have created by advancing rich and persecuting poor must make them think they are doing something.  You see they believe people in mental health services that lie and blame me for the situation I am in.  They believe them when they say she refuses services – I REFUSE UNPROFESSIONAL ABUSIVE SERVICES, just like all the other people who are suffering in this community.

POLICE – a couple of years ago I found four laws related to health care for disabled people and government agencies that must follow the law.  I made several complaints to police about people failing to do their job and me being harmed because of it – they refuse to act on my complaints because apparently they wouldn’t know who to prosecute.  Of course they don’t mind coming to my house for welfare visits 15 times in three months, or dragging me through court for misuse of a telephone for phoning ACC begging/screaming for my care to be reinstated (seeing they promised it would be yet again April last year).

Although police are now much nicer than they once were to me, there are still several how victimise me by holding on to emails from the Ombudsman concerned for my welfare, for 7 hours and turn up at 11pm at night when I am asleep.  Frighten the hell out of me, thinking one of my ex-flatmates dodgy friends is trying to break in, or that one of my children have died.  Or dragging me to Masterton after the doctors surgery calls them concerned for my welfare to prosecute me for misuse of a telephone, under the guise of being forced to see the CATT team.  Who I cannot communicate with and who have told me repeatedly there are no services.

RAPE CRISIS – although they aren’t in this building I wanted to make a note about them after Anne Tolley promised money for sexual abuse services.  I went to them three times and was rejected all three times, apparently I am not a suitable candidate for any of their programmes.  What makes you a suitable candidate for being helped by rape crisis again?  Just because I know my rights and am an expert in stress disorders people become intimidated by me and reject me – Rape Crisis only want victims, not intelligent women prepared to stand up for their rights.

………… Can’t stop crying, bulimia bad, bladder problems bad wish I could see the doctor about them and have the tests I was supposed to from two years ago.  Just can’t face all the invasive tests they want to do with no support.

Note to John Booth, I turned down the firewood because I was so freaked out I wouldn’t have any and you refused to call me to tell me what was happening I bought by own, using the only money I had in reserve – the last $600 left from the small amount Dulcie left me.  Wish she had left me a house to live in, like she left so many of her alcoholic tenants, I never understood why she wouldn’t help me and my kids, I guess that’s what happens when someone is very rich and lets it control them.

I don’t want charity - I want professional treatment care rehabilitation and justice so I can get well and get back to work.  People despise you when you’re on welfare.

Of course Carterton people hate all disabled, that’s why they got the government to sell off all the state housing in the 1990s.  Now the only people moving here are rich people because poor and disabled people can’t afford it – that’s what the dignitaries of Carterton want.

:-(

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

 

 

Support my fight 4 justice – GiveALittle – Speak Truth to Power

Have managed to get a Give A Little page up and running, cause I need those people who support what I do and how I do it to help fund my activism, poetry, art, challenges to law, etc and take some of the pressures of poverty off my shoulders.

With your help we can change the world for some of the most vulnerable and disadvantaged people in our beautiful country and other places.

I have called it a fight for professional health care because I know what people are currently receiving doesn’t even follow health models or a dozen different health, welfare and justice laws (both NZ and United Nations laws).

Kia kaha to all those who understand and live this nightmare.

Kia kaha to all those who understand and don’t know how to stop what is happening.

Kia kaha to all those who don’t really understand, have decent lives but know what’s happening is wrong.

Kia kaha to all those police, justice and political people I talk to who feel powerless and tell me there is nothing they can do, even when they know I am right.

Kia kaha to us all   – Jayne

https://givealittle.co.nz/cause/fight4mentalhealthcare/

Justice for poor people in New Zealand – YEAH RIGHT!

Just saw this on Law Society twitter feed by Justice Winkelmann   http://www.lawsociety.org.nz/lawtalk/issue-878/mind-the-gap-closing-the-justice-gap

Was wondering why I hadn’t heard from the courts about this letter I wrote to them on 13 November, a real legal dilemma for them I’m sure.

Dear Sir/Madam,

I recently requested a transcript of my court appearance on 5 November 2015 and a copy of the CCTV footage of my time in court under the Privacy Act.  I was refused this information on the grounds the Court is not bound by Privacy laws – which isn’t strictly true.

Mr Huston advised me I should write to the court and get a judge to release the information I am requesting.  However Mr Huston did not know if the CCTV footage had been stored and was available.

Can a judge please ensure the release of the transcript of my court appearance between 10am and 10.30am and if the CCTV footage is available a copy of that, from when I first arrived in the court room at around 9.45am.  I require this information to form part of my complaint to the United Nations as a disabled Civil Society Actor.  To prove I am being persecuted and traumatised for my legal protests regarding abusive mental health services, human rights violations against disabled mentally injured and ill people, inequality, injustice and poverty.

If the CCTV footage is not recoverable could the judge please ask three people who witnessed me in court to write statements as to my dysfunctional behaviour prior and during the court appearance.  The crying, nervous ticking, self-harming, rocking backwards and forwards and obvious distress I was in.  This is a very severe psychological reaction to a stressful situation and having to represent myself in court – as I cannot afford legal aid (already paying $10/wk) while living on invalids benefit.

There was a woman who sat beside me at one point prior to my appearance, I think she was from mental health services, could she please make a statement, also a lawyer who I have met before (but do not recall her name) spoke for me when I couldn’t or didn’t know what to do and one other person of your choosing.

Also I am at a loss to understand why this prosecution is proceeding when my previous acquittals for wilful trespass should direct police action?  I have already been acquitted of a charge of wilful trespass of ACC and my protest was far more challenging because I covered myself in fake blood, was singing and telling them how badly I was being treated.  I have an audio recording of this protest and my arrest – which was very traumatic due to the pain of handcuffs.  During the last protest I am being prosecuted for I took a painting of mine and two signs and sat quietly in the corner of their reception area – that is what the judgements by Judges Kos and Tuohy said I could do.  I was also handcuffed and forced to walk past a lot of people on the street – who would of course have assumed I was a criminal – when I was not – this was humiliating.

I would also ask that this matter come before the court prior to Xmas and be dismissed, so I don’t have this stress hanging over my head during this time – as I am not expecting it to be easy considering the serious ill-health, poverty, family dysfunction and isolation I am currently living with.

My health professionals will confirm my life-threatening ill health and inability to access services - Please contact Dr Alan Doris at Manaaki Health Centre in Auckland and Jenny Kirby Counsellor in Masterton.  My poor mental health is another significant reason to have this case dismissed.

Of course I intend to continue my protests, challenging society and those in authority about what is happening to me and so many other disabled mentally injured and ill people.  Can the judge also direct the Police NOT TO arrest and charge me with my legal protests in the future.

In previous discussions with police we have an agreement that if I am swearing when at a protest I should be taken out of the situation because something upsetting would have happened (eg my flatmate attempted suicide or I was forced to move again) and I was reacting badly due to aspects of my disorder.  If I was not swearing then they were to leave me there.  On many other occasions I do occupations like this I am not charged with wilful trespass, please check my police file for all the other protests this year, why this time.

I have compounding Complex PTSD, so trauma on top of trauma makes my disorder much worse.  The only reason I was so distressed on 5 November was because of all the other stresses in my life, things like no safe stable home, not enough money to live, being discriminated against and ostracized by my community, not working and being despised by my family and most of my community for it.  Not having my 12 hrs per week ACC rehabilitation plan reinstated after it was illegally removed six years ago – I have won two reviews and not being able to access public mental health services.

I desperately need a lawyer, not just for these criminal charges but to protect me from further persecution and intimidation by the authorities as well as being defrauded of my health care and welfare entitlements through ACC, mental health and MSD.  It is ACC and others who have driven me mad. I am a normal person suffering under inhuman living conditions, I am the responsibility of the government but instead of helping me, they are harming me.  I can’t make them stop, only a lawyer can do that, the distress trying to represent myself causes is too much when I have serious problems going on in my life and my basic psycho-social and physical needs are not being met.  I have been unable to get a lawyer for years, I cannot phone any more as I become highly suicidal and self-harm.  Protesting like I do helps me cope, persecuting me through the court system for doing it is cruel, criminal and immoral.

I would also like to apologise to Judge Ruth for flipping out, however if he knew my situation he would understand.  I have developed a tourettes type disorder, my psychiatrist will confirm and sometimes I cannot stop myself from swearing if I am extremely distressed and angry – which is often.  These words are the language of my culture, when you are suffering abuse and injustice you are allowed to swear at, or about, the people who are doing it to you.

Another reason I felt little respect for the judicial process is I have finally accepted that it was the judiciary who ensured the discrimination and persecution of thousands of disabled mentally injured and ill people.  They knew cutting housing (shutting down facilities) and driving people into the community would cause harm, they watched it happen and then started prosecuting these poor disabled people through the justice system.  How could a civil society allow the discrimination and persecution of a whole disabled sector?  People who have behavioural issues due to psychological injury or illness cannot be held accountable for their actions – it is absurd even to suggest it.  An analogy would be people with heart conditions are responsible if their hearts stop.  The analogy with regard to health care for a heart patient compared to a psych patient would be the heart surgeon giving you painkillers, refusing to operate, sticking a needle into the heart repeatedly just to see if it is still unwell and then telling you there is no funding for the care you need to recover.

I am not sure if this is the right email address to send this request, can I please have confirmation my letter has been received and is being looked at by a judge?

Thank you.

Sincerely

JR
Civil Society Actor

Private Prosecution lodged 19/6/2015 against John Key – Under Section 39 of Magna Carta 1215

So been thinking about all this stuff I know and how the government are ignoring the Magna Carta, and then while I’m working out what pieces of law I can get John Key under I realise I can use the Magna Carta as a legislative reference and prosecute him under that.

It was only at the last minute I added Section 39, but pleased I did, cause having the police used to intimidate me when I was asking for the health care I knew I was entitled to was not right and not just.  Of course they will say there was a judgement of my peers or law that says suicidal people must have police sent to their homes to protect them.  But with all my art and poetry I’ll prove what they are doing is discrimination and they have purposely put in these measures to stop people getting the heatlh care they need.

39. No freemen shall be taken or imprisoned or disseised or exiled or in any way destroyed, nor will we go upon him nor send upon him, except by the lawful judgment of his peers or by the law of the land.

MY RESPONSE

Shit just realised I didn’t take a photocopy of the Charging Documents – will have to go in next week and see if they will get me one – you can’t remember everything.  As you can see what I have said is pretty amateur but I know judges give lots of leeway to people who are not lawyers, they are more interested in fairness and justice and that the person has given it their best shot.

19 June 2015

 

Statement by J.E.R, date of birth 00/00/1965, of street, Carterton

 

I am about to start this and the emotion is overwhelming me, how the police have been used to intimidate and bully me for demanding and needing the professional health care promised under ACC, health, disability, criminal, human rights and bill of rights laws is persecution and torture.

 

How I am treated by the police varies greatly depending on the person,  I would like to refer to my police file at this point to highlight all the times I have been seen by police, have been detained by police and been prosecuted by police. 

 

I am not able to look at my police file as it makes me very unwell, I got a copy of it a few years ago and on page 3 it said I was ‘mental’ and a danger to police safety.  I wasn’t able to read past that and have had a rocky relationship with police since ACC illegally cut all my care in 2009, after National became the government and installed neo-liberal Business Round Table advocate John Judge, then Paula Rebstock.

 

Can the judge please consider my police file as being evidence to what has been happening me as I fight for the care I know I am entitled to.  Please note that all complaints to police about me being suicidal are from people who are public servants and/or agents of the government.  I would tell these people I was begging for help or justice from, how bad I felt and they would phone police but never help me get care.  This is a gross miscarriage of justice and proof what is happening in the real world I live in is very different to what the government and these agencies promote.

 

It makes me want to be violently ill when I think that forcing suicidal people to take their clothes off and put on the crazy suit is police policy and when I tried to challenge it as being extremely degrading and against human rights laws I was ignored.  They only got my clothes off me once, during my first protest, chalking Journalists are Maggots on the Times Age building in Masterton.  When I got down to my underwear I was told to take them off as well, I had my period and said I couldn’t – I was told I had to.  That is when my respect for the police and the government ended.  I told the officer I would fight her for my underwear as there was no way I was going to let blood run down my leg in front of so many men.  This policy is not law and therefore was not subject to scrutiny under Bill of Rights and Human Rights laws.

 

Over the past 30 years as neo-liberalism has relentlessly destroyed our unique Kiwi culture these attacks and laws on suicidal people have steadily increased.  It are the policies that are driving people to suicide and then the government and authorities blame the victims for a completely human response to an inhuman living environment. 

 

New Zealand is a beautiful country, there is enough resources for everybody to have the necessaries of life.  Giving massive tax cuts to the wealthiest people and organisations in this country while at the same time stopping poor people (rich people can still get this care and justice) from getting the health care and justice they are entitled to is immoral and against the law.

 

Also the massive social issues that have arisen due to high unemployment and concentration of wealth into the richest 20% of society – are being somehow blamed on the victims of these social issues, like violence, mental illness, poverty, ill health etc.  It was very sad to see all the changes that have been made to the Social Welfare and Social Security Acts over the past decade, all aimed at blaming those who can’t get work.  When we all know deregulation, free trade and neo-liberalism was instrumental in hundreds of thousands of manufacturing jobs moving offshore to be done by people who are treated like slaves in poorer countries.

 

I will be addressing this issue in another private charge in the near future.

 

I told a judge recently, when going through the court system over my protests at Masterton Hospital that I will take no more – and I won’t.  No more are you going to treat disabled, abused, mentally injured and ill people like you are.  Everybody knows it is wrong – EVERYBODY.

 

I know other people who are degraded and persecuted by police for being suicidal and I have experiences of people who attempted suicide who were living with me that I would like to be able to present to the court.  I cannot talk about them now I am too unwell.

 

I would like all book of poetry The Black Book ISBN 978-0-473-31199-5 to form part of this case but I do not have the resources to do a copy for each of the five charges.  I would also like all my photographs to form part of this.

 

Please help me get a lawyer, there is so much you don’t know, so many things.  These people have driven me insane, they have turned my family and community against me, just because I couldn’t get the professional health care I was entitled to.

 

I can’t go on with this document.

 

Kia kaha to us all.

 

 JR

800 YEARS – a poem to commemorate the Magna Carta 2015

Lots of things wrong with justice and right
The disabled in a never ending fight

If you’ve got money you’ve got justice and calm
It’s greedy rich who created this harm

Haven for them and hell for the poor
Then send police to knock on your door

Meat in the sandwich is what I see
Keeping the peace is what police should be

Take those immoral neo-liberals to court
Keep the peace for what men fought

Build everybody a place to live
Stop fucking taking, now time to give

Collect more taxes from the rich pigs now
Pay off debt then saved interest we plough

Grow our country back to something great
Leave behind this neo-liberal mistake

800 Years since the Magna Carta was signed
Today’s injustices weighing on my mind

EnD

Just wrote this – feels good – going to a talk on the Magna Carta on Friday, hope I get to share it, will chalk it on the street if it is fine, taking a few signs as well.

If you like my poetry nominate me for poet laureate before 6 July 2015 – tell your friends – lets see what a poet can do in two years and imagine what the politicians and media are going to do – the looks on their faces would be …… priceless.

http://www.poetlaureate.org.nz/2015/05/call-for-nominations.html