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Thread: Letter of Complaint to the Judicial Commissioner

  1. #11
    No, I did not miss the point. Thank you for your additional contribution, one which is separate from what I said, and one compliments what I said, and not indicative in any way of my missing the point.
    However, I do suspect that your sniping one after another of my posts, is not making this site more attractive or helpful to others who might wish to benefit from both our collective knowledge. Move on.

  2. #12
    Great question, Yoda. First, we need to separate out the situation from what happens in the criminal court where costs are very much the exception rather than the rule.

    Any action (by Shannon for example who is the topic here) would have to be in the civil court. She would file a notice of claim (for which if she can show hardship the filing fee is waived), and serve the notice of claim on Crown Law. Crown Law will inevitably apply to strike the claim out on whatever grounds Crown Law can dream up. The District Court (which regards itself as an extension of Crown Law) will strike out, and will award thousands of dollars of costs against Shannon. According to one theory, so what if costs are assessed? The thousands of dollars worth of costs can't be extracted from a stone. But one huge cost is this. Shannon will be prevented from taking ANY further civil court action against anyone else for the rest of her life, while the costs debt due to Crown Law is outstanding. She will not even be able to appeal against the strikeout, unless a substantial "security for costs" is fronted before any appeals.

    That's how the system is engineered against us folks. Unless we have thousands of dollars to burn, we're stuffed.

    So as I say, good question Yoda.

  3. #13
    IMHO, and I hope I'm not the only one commenting on this, it is the one you left out - the judges.
    IMHO, judges are power-tripping, and are allowing their prejudices to prevail over the Rule of Law.
    Judicial error does occur, but damned if judges will ever admit to their mistakes. And damned if they will fix them.
    Police errors also occur, but damned if judges will ever concede that a cop has erred.

    Yes, it is very tempting to blame the public apathy, but the truth is that if the Bill of Rights Act is working as it should, then no-one among the public would even be aware that the Bill of Rights is operating. The only time anyone needs the Bill of Rights Act, is when they need it. Most people will go through twenty lifetimes before they need to know anything about the Bill of Rights Act. So it isn't public apathy. There is public apathy, yes, but it's understandable.

    When the Bill of Rights works correctly, you don't even notice what the Act has done. The problems happen when the Act is not followed. And fortunately, that is still an exception, rather than the rule. That said, when the BoRA isn't followed, people get jailed and others get convicted wrongly and unlawfully. And these things are remarkably hard to undo.

    It has been said, that the worst thing a country can to do a person in peace time, is convict them of a crime unlawfully. Note, that it isn't convicting them "mistakenly", nor as a result of witnesses lying, which can happen anywhere, but when it is unlawful, then it is probably public service deliberateness, and NZ becomes no better than what happened in some very bad countries throughout history and throughout the world. We are not as enlightened here in New Zealand as we like to think we are.

    For example, in my case, after I'd been arrested and charged one December, and was due to go to Court in June, with just one week left to the trial, police secretly laid a second charge, and no-one informed me that the second charge had been laid -- hence it was unlawful. The charge wasn't even read to me before the trial began (meaning at law that the trial on the second charge never did begin). I went to the trial, the court thought I was facing two charges, me defending the only one I'd heard of, and my defence succeeded. Ha, ha, ha. Great joke. I got off the one charge I put up a defence for. The other one, never notified to me, well the first time I heard about it was when the judge convicted me. I said to the judge -- "Um Sir, you have just convicted me on a charge I have never heard of". The Judge laughed his head off and said "Mr .., you'll try anything", and he sentenced me and left the Court. Five years later, I'm still trying to unravel that disgrace, and Crown Law is fighting me every step of the way. You tell me who's to blame here as between your (1), (2), (3) and (4) above.

    BTW, not trying to take over Shannon's post here, just trying to answer your question. Besides, Shannon and I have talked over the phone about each other's cases, and there are some very frightening similarities.

  4. #14
    Seniorita Member Shannon's Avatar
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    REPLYfrom the Judicial Conduct Commissioner

    I dont even know what to say about this....... he clearly hasnt read the sentancing Act or the Judicial guidlines!!!!
    Attached Files Attached Files

  5. #15
    Seniorita Member Shannon's Avatar
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    uummm.....I thought I added this to my original thread but it seems to be separate.. not sure what happened here. The letter is in the thread tittled "Letter of Complaint to the Judicial Commissioner".

  6. #16
    Good on you Shannon ! Its long overdue for the ministry of Injustice to be exposed for the absolute unfunny joke it is !

  7. #17
    Bill (of rights) bloody good post and I absolutely agree with your comments, we do need a complaints mechanism, improper sentencing indications that bamboozle defendants in New Zealand have been sent back to the morons who stuffed it up (District Court judges) by the Appeals Court for the second time, if anyone gets shafted by the Crown on one of these Mickey Mouse regimes, please see a competent Lawyer (not the car boot boys that lurk about our district courts looking for a quick buck)

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