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Watchdog sues Court of Appeal Registrar

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  • Watchdog sues Court of Appeal Registrar

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    Investigative court blogger Vince Siemer has filed a civil claim against Court of Appeal Registrar Clare O’Brien for unlawfully preventing filing of appeals to that Court. The alleged abuses concern Siemer’s appeals but he says he has become aware of three unrelated appellants who experienced similar conduct by Ms O’Brien this year.

    The High Court claim alleges Ms O’Brien is making judicial determinations not provided by law in dismissing applications and rejecting filings of applications for judicial directions on grounds the appellant is “required” to make an application to her rather than a judge.

    Mr Siemer pleads no law supports Ms O’Brien’s actions and she has not provided any legal foundation. The Registrar is described as an administrative employee with no powers to make judicial decisions not expressly provided by statute. The 3-page claim seeks a declaration Ms O’Brien has abused her administrative position in exercising non-existent discretionary judicial powers to prevent filing of valid applications and subverted statutory rights of access generally.

    The claim appears to reveal the New Zealand Court of Appeal has regressed twelve years to a time the Privy Council found the Court was engaged in systemic abuses of due process in as many as 1,500 appeals over 10 years (Taito v Q [2002] UKPC 15).

    In the 2011 Chapman v Attorney General ruling, the New Zealand Supreme Court (which supplanted the Privy Council in 2004) declared such abuses are far less likely today due to its subsequent creation. Mr Siemer calls this propaganda and gives the example of when he appealed Ms O’Brien’s rejection to the Supreme Court, he received an email from the Supreme Court Registrar stating Justice Arnold agreed with his ‘view’ the Supreme Court had no jurisdiction to review O’Brien’s decisions.

    “Lawyers who know are afraid to say anything”, says Siemer. “The vast majority do not have a clue because so much chicanery is occurring off the record in our courts.”

    • 1victim
      #1
      1victim commented
      Editing a comment
      This quite rightful action taken by Vince Siemer will soon be put paid to.

      As government propaganda flows daily, and endlessly, to the NZ public claiming a shortage of judges etc. , lying scum like O'Brien will be empowered with more judicial powers to enable them to dismiss complaints at random with no fear of actions such as Vince's.

      At the same time that the government is trumpeting a decline in the crime rate, less cases in courts, less convictions, etc., Judicial Corruption is at an all time high - and doesn't look like declining any time soon.

      One gets the feeling that when the NZ public finally wake up to this Corruption, it will be too late to reverse it.

    • Corrigenda
      #2
      Corrigenda commented
      Editing a comment
      I am doing my best to trumpet corruption among lawyers and judges. I tell anyone who will listen and I have posted the same on my FB page as well as the Grownups site. I also point everyone to this site as well as the anti NZ Family Court site. The site below seems to have gathered quite a following and causing a stir.

      http://nzfamilycourt.com/2013/10/09/...-this-website/
    Posting comments is disabled.

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