VIP Useful User Guide

Realistically this is what you can expect: from the Supreme Court

The Lower courts will generally make “loose” decisions because realistically they are rarely appealed and if a decision is not appealed (or Judicially Reviewed) it must stand “for better or worse.” It is the courts preference to not overturn decisions as that is seen to “undermine the publics’ confidence in the judiciary.”- On the contrary, if Judges upheld their oath to act without “fear, ill will, or favour” the public may have an increased confidence in the judiciary “to be seen” to be acting justly.

This is why having the capacity to appeal at all levels of the judicial system in New Zealand- and above to United Nations is essential to “encourage” more just and fair decisions. *Remember: You do not need to be a lawyer or have a lawyer to have human rights. [They exist as a birth right.]

You do not need to be legally represented to be successful in court. BUT it does help and the court will not openly support a “lay persons case” over “the crown” who’s role is to safe guard the governments money and reputation. Note United Nations can not impose rulings in New Zealand-0 rather they can make recommendations that “encourage” New Zealand Government to act more justly and be persuaded to uphold UNs findings. . . [Lake Alice and the ongoing lack of resolution demonstrate the “reluctance” of the New Zealand Government to concede unlawful or torturous conduct.]

Benefits of legal representation mean security costs are automatically waived. Without this, you will need to file and apply for fee waivers including, for Supreme Court.

1. 1. Fee waiver for filing $1100
2. 2. Fee waiver for additional applications $220-$1100
3. 3. Fee waiver for hearing $2,700 FOR APPLICATION
4. 4. Actual hearing allocation :case by case- to be directed by the court
5. 4. Any security costs directed by the court (usually in the vicinity of $7060-$11,000)

You are required to file:

1. 1. An appeal application for the supreme court
2. 2. The decision under appeal
3. 3. a fee waiver or $1100 filing fee.

Upon acceptance and an SC number being allocated with a notice of appeal to be filed, you are then required to prepare your

1. 1. Case on appeal [10 page limit]
2. 2. Bundle of documents relied on [paginated with an index]
3. 3. Bundle of Authorities [with an index]
5. *Expect delays- and exhaustive tactics such as “strike out applications”, interlocutory applications, inflated security costs applications, vacations which will take precedent over the actual matter at hand. This is an easy revenue tactic for the courts and counsel who appear to revel in delays they invite generously. EXPECT THE WORST, BUT HOPE FOR THE BEST.

To remind the court of the purpose and power of the Supreme Court Act 2003:

https://www.legislation.govt.nz/act/public/2003/0053/latest/whole.html

s3 the purpose:

(1) The purpose of this Act is—

(a) to establish within New Zealand a new court of final appeal comprising New Zealand judges—

(i) to recognise that New Zealand is an independent nation with its own history and traditions; and

(ii) to enable important legal matters, including legal matters relating to the Treaty of Waitangi, to be resolved with an understanding of New Zealand conditions, history, and traditions; and

(iii) to improve access to justice; and

(b) to provide for the court’s jurisdiction and related matters; and

(c) to end appeals to the Judicial Committee of the Privy Council from decisions of New Zealand courts; and

(d) to make related amendments to certain enactments relating to courts or judicial proceedings.

The inherent jurisdiction of the supreme court is stated under s 25 of the Act: [Thus any allegation of “abuse of process” due to the supreme court unable to grant relief sought is obviously flawed]

25 General powers

(1) On an appeal in a proceeding that has been heard in a New Zealand court, the Supreme Court—

(a) can make any order, or grant any relief, that could have been made or granted by that court; and

(b) even if the proceeding has not been heard in the Court of Appeal, has all the powers the Court of Appeal would have if hearing the appeal.

(2) In any proceeding, the Supreme Court can make any ancillary or interlocutory orders (including any orders as to costs) it thinks fit.

https://www.legislation.govt.nz/regulation/public/2016/0225/latest/DLM6953087.html

UNITED NATIONS

When you have exhausted all local remedies in New Zealand you are able to escalate your case to United Nations.

The process is different with longer delays- do not be disheartened: At least this is outside New Zealand therefor “impartial.” Refer to the useful links for the best way to begin this process.

***Filing is FREE***

Take your time to locate the appropriate appeal body you will to file your matters under. For this you will be required to do the following:

1. Complete an application form including the exhaustive measures you have undertaken in New Zealand AND cite the human rights or treaty violations with the relevant legislation.
2. Prepare a bundle of all decisions and applications demonstrating you have exhausted local remedies in New Zealand.

Once you have this, email the relevant body for the complaint number to be allocated and the process to begin. *If you can find an NZ based solicitor prepared to assist you in UN representation- take advantage of that- it will fast track your process.]

For additional guidance if and when you reach this point please contact us at [email protected]