Tag Archives: mental health

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

Open letter Anne Tolley re degrading processes for food grants

Dear Ms Tolley

I was reading an article about your thoughts on why the number of food grants had gone down so much.  I can assure you it was the new degrading reforms you put in place – I live this nightmare you created remember.  I know what it is like to be so degraded by your processes that I want to kill myself every single day.  The only reason I don’t is because I know that is what neo-liberals want – to get rid of those disabled and poor who are an expense a liability (faulty resources), especially those of us fighting for the health care and justice we are entitled to under ACC, health, disability, human rights and bill of rights laws.

It is obvious from your comments that you have absolutely no idea what people are going through so I request a meeting with you so I can explain, one hour of your time.  You meet with wealthy people from the Trans-tasman Business Circle and the NZ Initiative and listen to their opinions, based on their affluent lives.  I think it is only fair you should meet with one of those people who has been rotting on welfare for 13 years after I was raped, sodomised, the person was found not guilty and then I was subjected to ACC and mental health abuse/neglect/discrimination and persecution.  Along with the past 13 years of neo-liberal austerity against the poorest and most vulnerable while advancing the wants of the rich.  The trickle down you all love to quote was actually the rich and powerful urinating all over the poorest and most victimized.

You cannot pretend any longer that your political philosophies are not extremely flawed and our country is not falling apart.  In the darklands the hatred is like nothing I have ever seen before.  People experiencing prolonged suffering often say they can’t protest because if they started they would kill someone – this is not good – this has all the indications of being a violent revolution instead of a peaceful one.

“Those who make peaceful revolution impossible (eg Occupy 2011) make violent revolution inevitable.”  JFK  And his other quote
https://www.goodreads.com/quotes/78118-a-revolution-is-coming-a-revolution-which-will-be

You are an intelligent woman Anne, what have you done – you’re driving people to dysfunction, to suicide and violence.  I am a lay-expert in traumatic stress disorders and a few associated topics.  That’s what you do when you’re left to rot on welfare for 13 years not working, you educate yourself, mostly trying to work out how to get better so you can return to work.  I did everything within my power to return to work, but because of my disorder I kept failing, a human can only take so many failures before they commit suicide.

I look forward to hearing from you about a meeting, please contact me personally, out of respect 027……  As one of the impairments related to my disorder I became phobic about opening my mail and email, if I think it could be a rejection.  If you are going to meet with me please text or phone (you are welcome to have a support person, I might have one too – the security guards at parliament know me well and I’m sure a couple of them will help out.  If you are not going to meet with me please email or write a letter and explain why.

We’re not shares to be traded
We’re not pawns in a game
We’re not doing OK
And we’re not the ones to blame.

Sincerely
JR

John Miller Law – poem

64.  John Miller Law

I know what you did
And I know what you said
Degraded someone with no money
Someone who’d rather be dead

John Miller to the rescue
But victims only please
Another maggot in the system
Feeding ego, charging fees

When making a complaint
To the only lawyer in town
Just wanting rehab and care
Though before you’d been let down

John Miller he said
We did nothing wrong
Didn’t let you down
Didn’t take that long

Yes you did Mr Miller
As I tell you repeated
Who else can I get then
Where I won’t be mistreated

Phil Schmidt is your man
There are no others I know
So I phoned Mr Schmidt
Who then degraded me so

What is your story
Oh that is so sad
No I don’t do legal aid
Charity – are you mad

John Miller knows this
I’m surprised you were sent
Now stop making me feel bad
Only those with money I represent

John Miller Law
It’s the kind you don’t want
They’ll just victimize degrade you
Represent you they won’t

There is no justice
For the traumatized and hurt
And as a result
Things get worse, nothing’s learnt

Another poem this is
Expressing the hell that we live
Those fighting for the care
ACC’s supposed to give

eND