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Corrigenda

Blatant bias

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What can one do when a judgment is delivered and is completely biased on the side of the plaintiff and will send an old couple to the wall.

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Judicial Conduct , Family Court

Comments

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  1. Yoda's Avatar
    Is it possible to appeal to the High Court?

    Is there any access problem?
    Updated 11-09-2012 at 08:42 PM by Yoda
  2. Beachedas's Avatar
    Apart from returning to the court which served up the blatant bias, the only other option is to "court" public opinion and demand change by exposing the filthy underbelly of the New Zealand Justice system.

    I spoke with a justice department employee last week who acknowleged that the media were the key..by telling powereful stories, involving serious injustices which increases public awareness of faults within the justice system.
  3. Yoda's Avatar
    More people speak up, better it is. It is a good thing that we have the Internet. Maybe, we can have "New Zealand" type of Arab Spring.
  4. Corrigenda's Avatar
    The judge totally ignored documents facts and made his own "bogus" facts. He rejected submissions from us that had been admitted to by the plaintiff. It was so blatantly biased that it makes one wonder if he was reacting to threats or a promise of rewards??
  5. Corrigenda's Avatar
    Am I allowed to name the judge? It was a Family Court matter but no "vulnerable parties" are involved.
  6. Yoda's Avatar
    I am not sure. If you do, you will do it at your risk.
  7. Beachedas's Avatar
    Does the judgment include a statement from the court noting conditions for publication?
  8. "Frank"'s Avatar
    This from the Ministry of Justice website:
    "Reports of proceedings in the Family Court must comply with sections 11B to 11D of the Family Courts Act 1980. These sections state that any person may publish a report of proceedings in the Family Court without leave of the court unless that report contains identifying information about a person under 18 years or a vulnerable person".

    So, Corrigenda.......go for it!
  9. Corrigenda's Avatar
    I just realised today where we went wrong. When we did our affidavits, we told the truth, she told massive lies!! Maybe we should have too.
  10. Yoda's Avatar
    What can be done so that the truth is more likely to be discovered in the court process?
  11. Corrigenda's Avatar
    He was so much against us that it smacks of curruption and I have told our lawyer that I am thinking along those lines. There will definitely be a complaint lodged.
  12. Yoda's Avatar
    I think that a decision can be problematic if:

    (1) a judge is corrupt - not following legal procedures;

    (2) a judge is abusive - trying to push a pre-determined outcome with no respect for a litigant (or giving an opportunity to one of the parties to make inputs in the decision); and

    (3) a judge is biased - favouring one of the parties in a litigation.

    Anyway, if there is a genuine perception that the decision was biased (probably because the judge was biased), this should be a serious concern, I think. But the problem in New Zealand is that it is difficult to find a lawyer who wants to go against any judge. The Government does not seem concerned about the problems at the judiciary, which is quite surprising. Maybe, MPs should step in to remedy the problems...
  13. Corrigenda's Avatar
    Well, we filed our appeal and applied for legal aid to fund it. Our application for legal aid has been turned down, so it looks like we are giong to be screwed well and truly.
  14. Yoda's Avatar
    This is not good. I suppose, the bias of the judge must be quite apparent, actual or implied if the application were to succeed. If there is evidence to support the bias, there should be an opportunity to be heard at the High Court. This is a problem...
  15. Corrigenda's Avatar
    Ha. More evidence of the bias and possible corruption of not only the judge but the solicitor for the other side.
    The judge has awarded costs where:
    "The applicant has claimed for costs for Registrar's Reviews and/or Judicial Conferences on several dates when the registry has no record of the applicant having attended court. I am not sure that the applicant should be able to claim costs of a "Registrar's Review", not being an event on the schedule....... I have decided to therefore award the costs claimed despite the dating anomaly". And there's more!!!!

    "The applicant has claimed travelling costs of $284 as disbursements........ (e) Counsel's travel and accommodation will be recoverable only where there were particular reasons to justify the instruction of counsel from a distance.........
    The applicant has given no reason why counsel was required to travel. Having said that, some travel will be ineveitable in more sparsely populated areas of the country such as the West Coast. I see no reason not to allow travel as a disbursement in this case."

    That is a rort if ever there was one. The solicitor's office is LESS than 200 metres from the courthouse. I personally stepped it out myself today and I am in my 60's and still recovering from a total knee replacement operation only 2 months ago.

    But wait, there's is more!!

    "The applicant's calculations seem faulty. This table contrasts some of what the applicant seeks with my calculations where I believe the applicant is in error. " The judge then goes on and takes the amount of $4,635.00 off the solicitors claim for costs.

    Not only does this document support my accusation of bias, which will be the subject of a complaint about the judge, but it will also support the complaint I plan to put into the Law Society about the solicitor!!
  16. Yoda's Avatar
    It is a good thing now that victims of judicial abuse (either at the hands of lawyers or judges) can share their information by the use of the internet. The international community won't be silenced even though isolated individuals may be. This is the power that you need to rely on to go after the crooked. Good luck!
  17. Corrigenda's Avatar
    Yes, I will be going after the crooked, but it still won't alter the fact that a judgment against us by a crooked judge may still see us homeless and out on the street.
  18. Yoda's Avatar
    I am not familar with the Justice System in New Zealand -- which may be a good and fortunate thing after having seen what is going on here -- but my thinking is that people of New Zealand should be concerned if injustice is done at the hands of the judiciary.

    In New Zealand, judges are not elected and not being held accountable to the pubic, and the law society is a private organisation, immune from the public scrunity, while enjoying the priviledge of the sole and exclusive supplier of legal services in New Zealand.

    I think, people of New Zealand see the reality of the justice system, disregarding the deception and propaganda of those who are profitted from the corrupt and inter-locked system.
  19. Corrigenda's Avatar
    More about the "travelling costs" debacle. I just re-read the original Application for Costs and nowhere in it does the solicitor claim for travel costs, so I have no idea where the judge found those figures from to award them. Curiouser and curiouser.
  20. Yoda's Avatar
    If there are some errors in the order or decision of the judge, can you appeal the order or decision to an appellate court?
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