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airdale
22-02-2013, 03:27 PM
Here is my situation. Some months ago I had the local plods execute a search warrant at my home and seized a number of items that were the subject of a civil lien under rock solid terms and conditions. The first I knew about it was arriving home to find three cop cars parked in my driveway. It was the middle of the day and the cops were obviously trying to get in and out whilst I was at work, but this backfired on them when I decided to come home for lunch.

Caught off guard at my arrival they had already removed a bunch of property that was in their vehicle(s). When I asked to see what they had taken and photograph it they refused. No property receipt was issued.

After some weeks of stalling I finally managed to obtain a copy of the affidavit that police had sworn in support of their search warrant application. Therein they actually acknowledged that I was exercising a "lean". Not surprisingly the search warrant had been issued by some tame local JP.

Police had not obtained a legal opinion before acting and even now after months of stonewalling and lies they retain the property seized, including some items taken that were not specified on the search warrant, and have yet to obtain a legal opinion.

In trying to get some sort of resolution I have explored numerous avenues. The junior lawyer at Community Law gave me legal advice that was quite wrong and as quickly as she could distanced herself by telling me to go and complain to the IPCA because they would solve all my problems. I have also been told that the Court of Appeal has had quite a bit to say about police interfering in civil matters, but have not been able to locate anything specific.

I am in no doubt that I am not the only one to experience this type of home invasion by the police and would be interested in any other similar stories or reader comments.

NZPCA
22-02-2013, 09:01 PM
That is interesting.... have you had real assistance with this matter??
Have you officially requested information from Police???
Have you started drafted a complaint???
WHAT AREA ARE YOU IN????

Anomaly
22-02-2013, 11:52 PM
I have had the Police "Steal" property off me on more than one occasion, its rather more like a standover really but it is a typical practice of theirs to try to charge one for doing it as well-

I recommend reading The Crimes Act 1961 Section 53 and doing everything within your power to hold onto your property rather than simply letting the "gang" behavior become more entrenched- these sods know that they are hitting your budget when they strike and they know that Legal redress is difficult, costly, and retarded by other halfwits

Whatever you do, ensure you have witnesses and or record it on video because the "gang" are well known for painting a picture of events that best suits "their" purposes and "their" perjury is difficult to disprove, even if the courts were fair and impartial (which they are not)-

I was hoping the courts would start improving when they dropped those stupid bloody sheepskin wigs- but there is a long way to go yet- just out of nappies?

Good luck though you certainly need it these days, as you most certainly cannot rely upon the Laws - rather like playing a game of words with a group of individuals that stack the deck (did I say shysters?)

NZPCA
23-02-2013, 09:01 AM
well said Anomaly

1victim
23-02-2013, 09:53 AM
My thread - "How police committed documentation fraud to bring false conviction" - is another example of this systematic corruption.

Four times they "arrested" Paul and took him out of his house for the complete day. No warrants were ever produced, and having never had any experience with the police before, we were unaware of such obligations from them. Secure in the knowledge he would not return home, they then unlawfully entered his house and falsified the documentation in his police disclosure.
We later asked for the police reports etc. for these "arrests" but were told they have no record of these actions.

On one occassion, they took him to the Auckland district court at 8.30am and made sure his was the last case to be heard on that day, giving them an uninterupted full day in Paul's house falsifying evidence. I waited until 6.30pm on that occassion outside the court to pick him up. Two weeks later, we went into the court and requested a copy of the court hearing. The girl looked puzzled upon telling us there was no record of our hearing on her computer on that date. She was even more embarrased when we showed her the Legal Aid receipt confirming the hearing date, time and the name of the lawyer who represented Paul that day !

Requests for a copy of the audio of the hearing and any video surveillance as proof were met with the standard lines of "the equipment failed on that particular day" - and therefore there was no record of the hearing .....

But New Zealand is the least corrupt country in the world .....?

Realising what they had done after their first sortie into Paul's home, I photocopied the entire disclosure. And this is how we managed to maintain the original copy of their document "POL 262 page 2 03/06"- which of course they falsified in their further sorties, to pave the way for their fraudulent document, undated of November 2006, as is proven in my thread.
It is also the reason why we have FOUR conflicting police disclosures !!!

Welcome to the Soviet Republic of Aotearoa - the land of milk and suppression orders !!! - where your freedom is not taken for granted - just taken.

1victim

airdale
23-02-2013, 06:06 PM
Getting any "real" assistance with this would require a lawyer who has the balls to stand up to these professional home invaders in blue uniforms. That also has to be balanced with how much money you can pump in to fighting them. So far the fiscal cost has been high, as have the personal consequences of having the police so intrusively invade my home. I also think that when dealing with this kind of thing one needs to be careful not to come across as some out there lunatic who had a major chip on my shoulder.

In answer to your questions:

(1) I requested information from police the same day the search warrant was executed. The only thing I ever eventually extracted from them was a copy of the supporting affidavit they used to get their search warrant. As previously commented, that was issued by a JP and I very much doubt that any judge in his right mind would have issued a warrant on what was in that affidavit. In turn I have tried to get details from the Court registrar that would identify the JP so that I can name him/her in any proceedings. But of course got stone walled there. Police keep refusing to release the file because they claim an ongoing investigation, which is just bogus.

(2) A complaint was made to police via counsel back in October. They ignored it and notwithstanding the requirement to advise the IPCA within 5 working days, they finally notified them on 7 Feb. Shows how much of a deterrent to misconduct the IPCA is.

(3) In the absence of the $20K that would be needed to take civil proceedings against police I attempted to get my lawyer to help me draft a statement of claim, which I then intended to file and represent myself. Couldn't get the lawyer to play ball on that.

(4) I am located east coast central North Island.

Michelbott
19-04-2013, 11:12 PM
I think if they have any warrant than they can do all that otherwise they don't have any right to snatch the property of any person.If they do that you can file for that but you need evidence to prove that otherwise you don't do any thing.