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Police “Issues” & Safety
Complaints And Essential Steps To Take For Your Safety:
Police Officers role is to uphold the law and protect the community.If you are unclear of the Polices role- they have their protocols and policies they are legally required to uphold publicly available at: “commitment of service”
https://www.police.govt.nz/about-us/about-new-zealand-police/commitment-service
The last point “Our service will be good value for your tax dollars.”
*For anyone who pays tax and has been maliciously and vexatiously arrested by police or just generally harassed and threatened with arrests. . . it can be confusing to understand how this “interpretation” of “good value” is defined by the New Zealand Police.
Notwithstanding it is important to believe that some people who join the police force do so, genuinely to help the community.
PROTOCOL PERTAINING TO POLICE POLICIES AND CODE OF CONDUCT CAN BE FOUND HERE:
https://www.police.govt.nz/about-us/our-values
https://www.police.govt.nz/about-us/publication/new-zealand-police-code-conduct
POLICE WILL GENERALLY “ENCOURAGE YOU:” IF YOU HAVE CONCERNS WITH THEIR CONDUCT, TO “MAKE A COMPLAINT TO THE IPCA”
(The “I” stands for “Independent” which already seems suspicious. . . as if they were independent, they likely wouldn’t need that in the title. . . The IPCA generally does not disclose which staff used to work for the police, or have friends with them- which arguably presents an obvious conflict of interest.)
It is important to remember New Zealand is a small country, so likely police officers and their friends, possibly in high places, may have dynamics behind the scenes that you simply wont find out for 5-6 years after two false arrests and relentless harassment. . . for example.
Don’t panic, you aren’t paranoid, just not in the loop- take the time while being harassed to locate a trustworthy, qualified and professional therapist/ psychologist to work through this trauma and “belief shattering” victimization to be able to regulate and rationally respond to systemic abuse. Credible Links with trusted programs and providers are available at the Mental Health Hub:
Solictor, Ex Cop, Married To A Judge?
#JUDICIALHATTRICK
Some Efforts Of Police Regulation To Date:
- CIV-2024-485-39 [2024] NZHC 2226
- CIV-2021-092-001563 D v New Zealand Police
- CIV-2022-404-1376 & CIV-2023-404-520
- CIV2023-404-678 T D v Auckland District Court
- CRI-2022-404-000179 D v R
- HRRT 33/2022
- CIV-2024-443-013 D v Nixon & anor
- CRI-2024-044-001732. D v 6 police officers
- SC 29/2023 D v New Zealand Police
FACT CHECK EVERYTHING SO YOU KNOW WHATS GOING ON
Below is a more general step by step complaints process aiming for early resolution to avoid ongoing litigation which is exhausting, (but we have found to be an essential safety measure in some “EXTREME” cases.)
*Recognized by the SSAA in their decision SA92/2022 issued 11/07/2023:*
[60] However, she considers that her circumstances qualify as an exception as she travelled overseas seeking refuge in a foreign country to escape inhumane, tortuous treatment and harassment in New Zealand. Ms
D said that she left New Zealand in the interests of both her and her
children’s safety. She said she had legitimate concerns for her safety as her
situation had involved her arrest by New Zealand Police on two occasions. Ms
D said that she left New Zealand to let things settle down. . .
[61] We accept that Ms D left New Zealand for the reasons she has stated.
Complaint to the “local police conduct area/ office”
Every complaint should be carefully compiled and sent to the police department to address in the first instance.
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Includes:
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A clear numbered overview of issues with as much detail and evidence as possible.
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How you want the matter reasonably addressed.
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You have the option of “disatisfaction” or a complaint”
Independent Police Conduct Authority
As soon as you escalate a complaint to IPCA- the police will refuse to engage in any communication regarding your matter “under investigation.”
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EXPECT EXTENSIVE DELAYS AND NO ACTUAL ACTION (RARELY WILL A COMPLAINT EVER MAKE IT TO THE IPCA JUDGE)
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Request your FULL NIA file and all police records of you
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Ensure as much detail in numbered points is before the IPCA officer to determine. (likely “NFA” No Further Action.
HRC & OPC to escalate to HRRT
Generally if the police have used “standard tactics” information will be withheld. This is especially damaging when it is about your abuser with evidence that prejudices you from prosecuting them:
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Includes:
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Numbered and concise issues and efforts to resolve with the police that have failed.
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Compiled evidence to support the allegations as facts
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A clear resolution
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Prepare for extensive delays and HRRT being obstructed with strike out applications and ZERO accountability for any misconduct or police abuse.
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dispute resolution is on offer- settling is faster but means no declarations or case law to help others.
Court Proceedings Civil/ Criminal
Police are not solicitors, they are supposed to know the law to endorce it, but will have legal representation to defend their actions. You choose to prosecute either “the entity/ agency” [Ideally with the Minister of Police and Attorney General named as additional parties] OR individuals.
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Includes:
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Strong cases with supporting affidavits with ALL evidence annexed
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Legislative reliance and case law to support the decision in your favour
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Reasonable remedy.
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Mental toughness for this to likely have to be decided under appeal, as courts generally protect their agents (like the “house” at the casion)
Concerns regarding police harassment and false arrests:
It happens and you are not alone.
AMNESTY INTERNATIONAL IS WATCHING THIS SPACE AND COLLECTING INFORMATION: [email protected]
You can “report a crime Online” BUT no police action will reasonably be taken unless you provide a statement. If you attend Manukau Counties, or Avondale police station, they may refuse to take your statement, in that case- keep going until you find a police officer who will do their job- and provide “good value for your tax paying dollars” https://www.police.govt.nz/advice-services/all-online-options
Know your rights and document your experience as quickly as possible.
In this instance: CRI 2018-043-002111 New Zealand Police V D a hearing occurred on 29/12/2018 without the persons knowledge or consent which resulted in 6 days of solitary confinement.
The courts response regarding the torture sustained during that time and the malicious and vexatious arrest was to dismiss or decline proceedings on false grounds the victim was “mistaken” regarding the mistreatment she suffered or the breach of human rights and police protocol she suffered.
*If you are arrested it is your RIGHT to be put before the next available court to be heard for your release/ bail. (If this occurs before a JP, not a judge and your bail is refused,- immediately request to be heard before a judge and seek to call the ombudsman, local consulate and lawyer in addition to a family member or trusted friend to discuss Habeas Corpus grounds for immediate release)
https://www.legislation.govt.nz/act/public/2001/0031/latest/DLM91755.html
Habeas Corpus Act 2001 is a writ for immediate release of arbitrary detention (which is a human rights violation under s22 NABORA)
Case Law granting this IMMEDIATE RELEASE FROM DETENTION includes:
Although this remedy is available- as a right, and unlawful “detention” is deemed as “any restraint on any liberty”- as per s3 of the Act- The courts appear to use this as an “inconvenient remedy” and often reject it on the grounds “the usual approach would be through the appeal process“- as if “common practice” or “the courts convenience” overrides legislation and human rights?
It is important to be aware how powerless [and vulnerable] you are in police custody and the importance of effectively seeking your ENTIRE NIA file and all information pertaining to you on police records and correspondence as soon as possible [considering they have 20 business days from the time of request.] You can not rely on recordings as they have a tendency to not be available, body cams not turned on or CCTV footage destroyed “as is standard practice” (with no specific time frame, just as long as they are destroyed before court orders for disclosure.)
YOU DO HAVE RIGHTS- even if you are told otherwise.
There is a police protocol they are required to follow for every crime in every event and if police fail their due diligence, that alone is basis to dismiss any charges laid:
As seen in case law: CRI-2018-091-001285 [2019] NZDC 8783 13 May 2019 NEW ZEALAND POLICE v Duncan
And This tragic case: “‘Police f…ed it up, plain and simple’: Police refuse to release report into controversial murder investigation”- Mike White
WE HAVE ATTEMPTED TO OBTAIN THE FOLLOWING CASE LAW FOR PUBLIC INTEREST: [WHICH HAS TO DATE BEEN DECLINED]
1. Kiri Allan
2. Golriz Ghahraman
https://www.rnz.co.nz/news/national/511592/golriz-ghahraman-pleads-guilty-to-shoplifting-charges
This is for public interest and confirmation of cases where solicitors have been criminally prosecuted. *We note $260 for court fees over a multiple day trial seems like a “screaming bargain”. . . perhaps a 5 finger discount for those “in the know”/ a solicitor?*
Some of Ponsonby Chambers Case Law of people being charged by police and having the charges dismissed include:
- CRI 2019-092-006687 New Zealand Police v D “no evidence offered-dismissed” judge Fielding 14 Jan 2020
- CRN: 20004024503 S V NZ Police Dismissed 2023 Auckland DC
- C v NZ police Dismissed 2023 Auckland DC
Opposed to legal aid representation, where the victim [charged with an impossible crime that would have likely been dismissed had it gone to trial or easy quashed under appeal] was coerced to plead guilty (for a guilty without conviction “plea deal” in order to have her passport released- WHICH THE POLICE OPPOSED ANYWAY!)
CRI 2018-043-002111 New Zealand Police V D
AS RECENTLY AS AUGUST 2024: POLICE HAVE WITHDRAWN 7 CHARGES AGAINST ONE PERSON IN CHRISTCHURCH: [charges they laid years ago and have delayed hoping to “find” [term used loosely] any “evidence” to support these charges, which evidently does not exist.
People make mistakes (this includes personally and professionally) and it is important to remain, realistic but also aware of the importance of mutually beneficial outcomes. Police “liking you” or “disliking you” should not be a reason your rights to justice or safety are not upheld. By the same token, don’t expect help if you intend to be aggressive, cynical or critical of their work (even as a trauma response as a victim of abuse.) Ultimately this only encourages delays and and impossible task of you having to hold perpetrators to account via private prosecution- of which is not very successful for women, but several MALE private prosecutors have had success: such as:
Daniel Bond: https://www.newstalkzb.co.nz/news/victim-angry-eight-officers-facing-charges-of-kidnapping-and-indecent-assault-have-not-been-stood-down/
Marc Spring: https://marcspring.com/index.php/2024/01/05/marc-spring-private-prosecutor/
“The corruption in reporting starts very early. It’s like the police reporting on the police.”– Julian Assange. [Australian HERO]
When Ponsonby Chambers filed an OIA to find out how many private prosecutions Judge Gibson has ever granted for women. . . after an extensive delay
Ref: OIA 107822
Tēnā koe
Official Information Act request: Private prosecution cases Thank you for your email of 17 October 2023, to the Ministry of Justice (the Ministry) requesting, under the Official Information Act 1982 (the Act), information relating to the
number of private prosecutions a District Court Judge has received. Specifically, you requested:
Under OIA 1982 I request to know how many private prosecutions judge Gibson has accepted since he was appointed as a judge and how many of those have been from women.
Your request has been referred to me for response, as it falls within my responsibilities as Group Manager, Courts and Tribunals, Regional Service Delivery and is being managed in accordance with the provisions of the Act.
In response to your request, I can advise that judicial activity statistics that identify particular judges, such as the number of cases a particular judge has considered, is judicial information which is not subject to the Act under section 2(6)(a). I am therefore refusing your request under section 18(g)(i) of the Act as the information is not held by the Ministry and there are no grounds for believing the information is held by another department subject to the Act.”
Jacquelyn Shannon
Group Manager, Courts and Tribunals, Regional Service Delivery
*Judge Gibson then recused himself from proceedings: CRI-2023-004-007641 [criminal prosecution against Judge Mahon and Judge Tremewan that he lawfully refused for filing [in breach of CPA 2011, s26 OF WHICH PONSONBY CHAMBERS OWNS THE BINDING PRECEDENT ON THE IDENTICAL POINT OF LAW [2022] NZCA477 ]and recused himself,. [Implications as an accessory under s66 Crimes Act 1961 remain yet to be determined by the courts.]