The news is spreading!

www.kiwisfirst.com

BILL OF RIGHTS FIGHT AGAINST FINANCIAL BARS GOES TO SUPREME COURT

29 June 2009
Since the loss of the Privy Council as the last appeal Court to New Zealand citizens, a dangerous escalation of "discretionary security costs" orders has threatened to put Court access financially out of reach to most New Zealanders.  Now the case against Judges using discretionary cost orders to prevent litigants of limited financial means from having their claims heard in Court has gone to the New Zealand Supreme Court.  READ STORY

HOW NZ COURT OF APPEAL SELLS JUSTICE

1 June 2009  JUSTICE ON TOUR

WHEN LAW-RESPECTING CITIZENS ARE SENT TO PRISON BY NEW ZEALAND JUDGES

22 April 2009
A watershed case where kiwisfirst editor Vince Siemer faces indefinite prison for printing the proveable truth confronts the New Zealand Supreme Court in an appeal filed 6 April.  The obstacle for justice is the simple fact the object of the expose on white collar crime is the business partner of the husband of Supreme Court Chief Justice Elias.  How much does a judge cost in New Zealand?  Read the sworn evidence and decide for yourself whether honest, law-respecting Kiwis have a prayer in the New Zealand Courts.  SUPREME COURT APPEALSUPPORTING AFFIDAVIT 

Submissions Made to Parliament Present Opposing View on 'SUPERCITY'

LINK to alarming research not being reported by the Press on the proposed Auckland SuperCity movement. ( advertisement)

Ross Meurant Analyses Use Of Deadly Force By Police After Fatal Shooting

20 February 2009 Justice on Tour

AUTHOR ALAN DUFF GETS COURT REPRIEVE

2 February 2009
In November, Alan Duff, author of Once Were Warriors and What Becomes of the Broken Hearted, had bankruptcy proceedings against him stayed by associate judge David Gendall in the High Court at Napier. Duff owed $3,656,223.30 to 24 creditors while claiming to have only $5000 in assets. A further $400,000 is owing to Mr Duff's sisters.
A proposal by a group of creditors giving Duff 18 months to try to pay them back has been accepted, despite opposition from initiating petitioner Mutual Finance, which is owed more than $36,000.

In stark contrast to the "Duff Decision", Associate Judge Gendall earlier adjudicated a Wellington man bankrupt for owing $4,000 in Court costs to his trustee. In that case Mr John Creser claimed his assets rested in a third share of a $1,000,000 estate controlled by that trustee and the disputed costs were incurred in an unsuccessful attempt to obtain disclosure of financial documents held by his trustees.  Despite the inherent fiduciary duty of the trustee to Mr Creser in that case, Gendall AJ refused minimal request to allow cross examination on the affidavits supporting the trustee's bankruptcy petition.

Similar to the draconian New Zealand insolvency laws which allow company liquidators and receivers to bankrupt shareholders seeking redress through the Courts with their own investments, Gendall AJ ignored the fundamental breach of duty the trustee owed Mr Creser.  The result included a further $200,000 in legal fees charged against Creser and yet another $138,000 taken by the Insolvency Service to administer the bankrupt estate.  In the Duff case, the author was allowed to leave the country to pursue a writing career in the South of France, presumably with the support of his $5,000 in claimed assets.

VIEWER SHINES LIGHT ON EROSION OF TRIAL BY JURY AND PRESUMPTION OF INNOCENCE IN NZ

2 February 2009


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A KIWI IN HONG KONG EXPRESSES HIS CONCERN THAT COURT CORRUPTION IS DRIVING BUSINESS FROM NEW ZEALAND

PARLIAMENTARY PETITION TO FORCE LOCAL COUNCILS TO DISCLOSE CONTRACTORS

24 November 2008
Auckland City Council's annual expenditure of over $850 Million to undisclosed outside contractors prompts a Parliamentary petition asking Government to direct local Councils to be more transparent in how they spend taxpayers' monies.  Petition signatories must be received at P.O. Box 19764, Avondale , Auckland by 12 December 2008Link to download petition.

QUOTE OF THE DAY:
"I'm not surprised (the media) hunt in a pack because they couldn't sniff out a story if it was right under their noses."

READERS HAVE THEIR SAY
An open Letter to S-G David Collins

Anne Hunt States a Few Simple Facts About David Collins QC - as he faces a criminal investigation by New Zealand Police  (r ead facts )

3 September 2008

John Creser reports on Police double standards

22 JuneJustice on Tour (from Wellington)

FEDERATED FARMERS SOUND-OFF ON RATE INCREASES

10 June 2008

Read their concerns in Viewers Have Their Say.

JUDGE NUMBERS DOUBLE: COURT LOGJAM HITS HISTORIC HIGH

12 May 2008 
According to a Ministry of Justice response to an Official Information Act request by Kiwisfirst, the number of lawyers appointed judges in New Zealand has doubled in the last 25 years from 103 to 204.  Why are judges accomplishing less, leaving case backlogs at a historic high?  Read full story

IN HIS HONOUR's OWN WORDS

Auckland High Court Judge Rhys Harrison explains why 'Court of Record' is a meaningless term and why the High Court refuses to allow accurate recording of proceedings.  LISTEN TO AUDIO FILE

WHY THE LAW NO LONGER MATTERS IN NEW ZEALAND

1 March 2008  As little as 20 years ago the law was a respected profession in New Zealand. Read full story 

Waitara Inventor Reveals How His House was taken off him

26 January 2008  Read full story

One businessman's drama with Law Society raises alarm

15 January 2008  Read full story

Dominion Post Reporter Admits to Making Up Vector Story

26 October 2007
Andrew Janes offers correction for making story up. Read Story


A WEB BASED NEWS SERVICE THAT PUTS THE INTERESTS OF KIWIS FIRST
******    WHAT'S INSIDE   ******
   
THE JUDGE FILES
Find out who our judges are and how they got there.See backgrounds
Some New Zealand Judges deep in debt despite earning $400,000/yr Read story


IS THE OFFICE OF THE JUDICIAL CONDUCT COMMISSIONER A RUSE?
One viewer expresses an experience shared by a great many .
CAN LAW-ABIDING KIWIS GET JUSTICE IN NZ COURTS?
This outside news story link will not suprise anyone with experience.
JUSTICE ON TOUR
David vs Goliath court challenge to Auckland City Council's grab for Albert Park. Read story
Franz Josef farmer Gary Eatwell on national campaign to hold Bank of New Zealand accountable for overcharging customers. Read story.
New Zealand regresses on world-wide trend away from barristerial immunity. Sentiments that lawyers need special protections in law still run very deep through NZ Courts.   Read Story
Being Rob Moodie.  Will this light of integrity be extinguished? Read story
NEWS ARCHIVE < July 2007
Justice Hugh Williams
and Court of Appeal President Willy Young dealt setbacks Read story
Coroner's finding into Robert Fardell QC's suicide suppressed by the High Court Read story
LEGAL TRENDS AHEAD
The Lawyers and Conveyancers Act 2006 revamps the legal profession. Read story
One Woman's fight for accountable local government  Read story
Nature Knows Best - Is govt attacking the family unit Read story
VIEWERS HAVE THEIR SAY
Is Auckland City exploiting the law on parking tickets?  Read more
ALBERT PARK threatened by development Read more
ALSO ON FRONT PAGE
** Queen's Counsel - an insight
** LEGAL AID FEES TOP $20 MILLION
** NATIONAL BRAIN DRAIN - FACT OR FICTION?
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Detective Stories

 http://www.truecrimelibrary.com
The True Crime Library is a complete resource for news,
Stories and magazines featuring detective stories.

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"If we are not accurate we are nothing.  It is our certain mission to let the public be guided by the facts in reaching their own conclusions." - Editor

KIWISFIRST reports NEWS that furthers the open and equitable administration of justice in New Zealand. Its Mission is to advance, through accurate journalism, the three pillars of a responsible judicial system; transparency, lawful compliance and accountability. *** "legum servi sumus ut liberi esse possimus" ***

NEW ZEALAND SUPREME COURT LEGALISES DISCOVERY EVASION

21 May 2009 
The New Zealand Supreme Court has dismissed a legal challenge to a 2004 High Court rule change which exempts parties to litigation from discovery disclosure.  The full bench ruling [ SC 62/2008 [2008] NZSC 98 and 24 February 2009 (unpublished)] endorsed the effect of this new rule allowing parties to avoid identifying their discovery documents.  
 
The dour effect of the relevant Rule change on discovery law had been discussed in Sim’s Court Practice (NZ): "The documents in the first (open) part do not need to be individually described. Each document should be numbered and the affidavit will simply refer to the range of numbers.”   STORY CONTINUES

LOSS OF HONOUR

11 April 2009 
On 30 March 2009, the nascent New Zealand Supreme Court officially ruled the Magna Carta and the Judicature Act 1908 were subjugated by "Judicial discretion" in New Zealand. READ STORY 

ASHER LATEST JUDGE TO CONTRAVENE PUBLIC RECORDS ACT

8 March 2009
In a landmark case concerning disclosure responsibilities of local councils on ratepayer-funded expenditures, Auckland High Court Judge Raynor Asher refused twice this week to release a High Court transcript for use in an appeal.  READ FULL STORY 

AUCKLAND COUNCIL ONE OF MANY SKIRTING PUBLIC RECORDS ACT

3 Febraury 2009
Public Watchdog Penny Bright is expanding her fight to Parliament to force Auckland City Council to disclose in its annual report what individual contractors are being paid.  Last year Ms Bright formally disputed her rates until the Council revealed where $850 Million spending on outside contractors went in fiscal 2007.  Ms Bright lost a resultant action brought against her by the Council in the District Court.  Her appeal is now before the High Court.

Spurred by the discovery last year that Deputy Mayor David Hay holds trust shareholding in City contractor Eco Cover NZ Ltd and that many other local councils are plagued with conflicts of interest, Ms Bright is now seeking to use the Public Records Act 2005 and press Parliament into ammending the Local Governments Act 2002 so as to compel all councils throughout New Zealand to list details of payments to outside contractors in their annual reports.  Public keen to support such a measure can download the appeal petition.

POLICE ON VERGE OF SECOND ENQUIRY INTO DAVID COLLINS

20 October 2008 
A new Police complaint against embattled New Zealand Solicitor General David Collins (left) is being explored in relation to Mr Collins' recent attempts to prevent evidence of Judicial conflict of interest by current New Zealand Supreme Court JusticeBill Wilson from being brought before the Court. 

Prime Minister Helen Clark and Deputy Prime Minister Michael Cullen have been briefed in relation to the multiple criminal investigations against Mr Collins but have chosen to bury the mounting scandal within their administration in the lead up to the election.  The Labour government's re-election platform is that this election is about "trust".

The Dominion Post was to run an article but the editors killed the article in the wake of the Solicitor General's unsuccessful prosecution of the newspaper for contempt last month.  That prosecution was over the DomPost's publishing Police evidence in the ill-advised Crown prosecutions under the 'Terrorist Suppression Act' last year.  DomPost Editor Tim Pankhurst has spoken candidly about the grueling 6 hours of cross-examination he was subjected to by Mr Collins in that action.

Last year, Judge Wilson failed to recuse himself in an appeal he presided over where the lawyer acting for the appellant, Alan Galbraith QC, is his 50% partner in a $10 Million stud farm.  Wilson J remained on the panel which overturned the High Court decision and ruled in favour of his business partner's client in Saxmere v the Wool Board.
 
Detective Inspector Rod Drew, who is currently conducting a criminal investigation of Mr Collins under section 111 of the Crimes Act in another matter, refused to take the new complaint on board, citing his "very specific terms of reference" in the earlier investigation as a constraint.  He referred the new complaint to another senior Police official.
 
Along with the Judicial Conduct Commissioner Ian Haynes, Collins repeatedly tried to quash any vetting of the complaint against Justice Wilson, even after Legal Ethics Professor Duncan Webb of Canterbury University countered their legal excuses as to why the complaint could not proceed.  After a Special Leave application was filed in the Supreme Court last month, Mr Collins phoned Al Morrison, the boss of the Applicant's solicitor Sue Grey and had her fired after she refused to remove herself as lawyer for the client she had acted for over 5 years.  Collins claimed that because Ms Grey worked for the Department of Conservation, her action against a Crown Judicial officer violated her duty to the Crown, putting the lawyer in a conflict of interest. 
 
In the meantime, David Collins remains Solicitor General, even though he is under criminal investigation.  Mr Collins sees no conflict of interest in the result that, if the Police conclude Collins should be criminally prosecuted in the first complaint, Mr Collins, acting for the Crown, would be called upon to make the determination as to whether or not to prosecute himself. #

PM TOLD OF CRIMINAL PROBE OF DAVID COLLINS

8 September 2008
Prime Minister Helen Clark was privately informed of the Police criminal investigation into Solicitor General David Collins last Thursday.  How is she handling the investigation and the potential three year prison sentence the alleged offence carries against her highest legal appointee?  (read story)

ROYAL COMMISSION OF PAIN

23 June 2008
This year is proving to be an inauspicious one for the Auckland City Council and its well-paid allies (read 'contractors').  The Royal Commission of Inquiry looking into governance practices by local Councils was, only a year ago, expected to be a mere formality designed to show the public that politicians and bureaucrats were not asleep at the switch when it came to the efficient spending of the public's hard-earned local rates.  What a difference a year makes. READ STORY

SOLICITOR GENERAL TESTIFIES NO UNLAWFUL ORDERS OCCUR IN NEW ZEALAND

18 June 2008
Testifying before a two judge panel in the Auckland High Court contempt trial of Vince Siemer on Monday, Solicitor General David Collins was not pleased.  His terse answers revealed much about the man, as well as his motivation in bringing the contempt action against Mr Siemer for operating this website.  Mr Collins has alleged that comments relating to Mr Stiassny on this site violate a temporary gag order by the Court issued back in May 2005.  Mr Collins admitted his action is highly unusual but insisted it was necessary in this case to protect the rule of law in New Zealand.
 
The diminutive Mr Collins elevated himself in his chair in order to rest his elbows on the witness box and, in a measured and sure tone, claimed his application was a last resort, and well worth the $250,000 in taxpayer funds it is expected to cost.  Judges Gendall and Chisholm refused to allow Mr Collins to be classified as a hostile witness because he had not filed an affidavit in support of his own application.  Their Honours imposed strict limitations on the scope of questioning.  Nonetheless, the witness testified to have never witnessed an unlawful order by a New Zealand judge in his long and broadly experienced career. 

At one point Mr Collins responded to a hypothetical question put to him of whether a judicial order which compelled a party to medical testing or barred certain races of people from associating would constitute an unlawful order of the judge.  He answered 'No', -even repeating his answer when the bewilderment in the Courtroom became palpable.  Justice Chisolm and Gendall quickly intervened to save the Solicitor General from himself and let it be known that the questions and answers were not helpful in the determination the Court would ultimately make. 
 
As a 'defence' witness, the defense was prohibited from challenging any of Mr Collins' answers.  Mr Collins twice appealed to the judges to rule that he not be required to answer a question put to him.
 
The next witness, Ms Esther Watt of the Crown Law office, was not so fortunate.  Ms Watt had been employed less than six months in the Crown Law office when she was directed by Mr Collins to monitor the websites www.kiwisfirst.co.nz and www.stiassny.xxx for injunction-challenging content.  She submitted two affidavits wherein she asserted her exhibits (publications off the above websites) confirmed a breach of the 5 May 2005 injunction ruling of Ellen France J.  The problem was Ms Watt admitted under cross-examination that her only duty for the Crown in this case was to periodically print out the contents of the websites.  She claimed not to have been included in the discussions as to what was alleged to have breached the injunction and she further admitted she had only 'skimmed' Justice France's injunction order.
 
Ms Watt's early testimony that she had only a cursory involvement in the case elicited questions on how she could possibly have been promoted by the Crown as their star (and sole) material witness if this were the case.  Mr Siemer then quoted Ms. Watt's latest affidavit wherein she swore "Since the date of my first affidavit I have viewed the websites... from time to time, this process has confirmed that information which breaches the injunction of Ellen France of 5 May 2005 has continuously been published on those websites since 28 January 2008".  Ms Watt tried to restore some credibility after the revelation but the damage had already been done.  After being dismissed, Mr Collins comforted Ms Watt outside the Court.
 
The second day of the two-day hearing saw only oral submissions from both parties.  Madeliene Laracy, counsel for the Solicitor General, tried to recover from Ms Watt's poor performance on cross-examination and meticulously laid out the publications which the S-G alleged breached the 3 year old gag order.  She relied on contempt cases as far away as Ireland and South Africa.
 
After Ms Laracy laid out the Sol. General's case, Mr Siemer responded by pointing out what he said was Ms Laracy's 'utter failure' to relate one publication to any passage within the injunction she purported to solely rely upon. 
 
It was only then that the Court allowed Mr Siemer to argue his application to dismiss the proceeding as 'double jeopardy', as provided by section 26 of the New Zealand Bill of Rights Act 1990.  He then cited Potter J's earlier ruling of 13 July 2007 that purported to deal conclusively with the injunction; reading from Her Honour's ruling that the six week prison sentence at the time "reflects the past and continuing breaches of the injunction" by the respondent. 
 
As with Mr Siemer's application for a trial by jury under section 24 of the Bill of Rights Act, the Court refused to acknowledge its statutory obligations under section 26, instead relying on 'judicial discretion'.   At one point late in the two day hearing, heated debate erupted between Mr Siemer and the bench when the judges claimed they did not have to give their reasons for not acknowledging the Bill of Rights guarantees.  Mr Siemer accused Gendall and Chisholm JJ of attempting to 'legislate from the bench' after they accused him of breaking the 'law' but then refusing to tell him what that law might be.   When Chisholm J insisted it was up to the Court to define the meanings of these straightforward laws, Mr Siemer read Article 67 of the North Korean Constitution that stated "The State shall guarantee... freedom of speech, of the press, of assembly, demonstration and association".  He implored the judges not to treat New Zealand law as the North Korean Courts treat their Constitution.
 
The hearing adjourned at 4:30 pm.  The judges have reserved their decision..

$62 MILLION ANNUAL BUDGET FOR AUCKLAND CONSULTANTS

21 May 2008
A long fought for report from Auckland City shows external consultants may be paid a staggering $62 Million in the current fiscal year - twice as much as three years ago.  Find out how this happened.  Read Story

NZ AUTHOR'S SAD AND SHOCKING SAGA IN THE HIGH COURT CAN NOW BE TOLD

1 May 2008  - After Court of Appeal overturns contempt finding and revokes suppression order of Justice John Wild. Read Fulll Story

VECTOR TO SELL ASSETS TO PAY DOWN DEBT

20 April 2008 
Line's company Vector is currently in a race to sell off its' "gold plated" Wellington to Auckland transmission lines to pay down its burgeoning debt.  Full Story

DETERIORATION OF POLICE STANDARDS PLAGUES FORCE   

Dateline: 10 March 2008
Less than a generation ago the New Zealand Police endeavoured to increase the quality of its ranks by recruiting more educated and morally conscious constables.  The story of what went wrong.

NEED BETTER WORK STORIES?

25 February 2008
The twelve Police detectives who laid siege to the Gulf Harbour home of Vince and Jane Siemer in the early hours of Thursday morning 21st Feb 2008 can add the intimate details they learned of the family's personal lives to their Friday nights out on the town with mates.  SEE FULL STORY

DEATH AND GREED ON MATAKANA ISLAND

13 February 2008
You get a feeling things are not right when, within 5 days of a man being found incinerated in the back seat of his car - the car crudely parked on an isolated road - the police investigator is claiming suicide.  The primary indicator of suicide is said to be the empty petrol container allegedly used to create the inferno found tucked away in the closed boot of the car.  FULL STORY

JUDGE WILLY IN HOT WATER OVER RIVER DIVERSION

16 January 2008
Retired District Court Judge Tony Willy of Blenheim failed to divulge his financial interest in hydro-generation contractor while ruling in favour of five new, highly-contentious hydro plants on Wairau river.  READ STORY

Oops, HE DID IT AGAIN

28 June 2009 (updated)
Now that the David Bain murder retrial has ended in the fashion those most informed with the case suspected, recriminations for the public waste of $4 million and valuable court resources have begun.  As with the 'Tuhoe terrorist' prosecution debacle in October 2007 and the Gwaze murder trial in May 2008, New Zealand Solicitor General David Collins is at the centre of the storm. 
 
Defence lawyers did not pull any punches after the Bain 'not guilty' verdict earlier this month.  They alleged official pressure trumped logic in the decision to go ahead with the expensive retrial. 
 
The Privy Council quashed the previous conviction in May 2007.  Then confident S-G David Collins wasted no time in ordering the retrial a month later (of the 14 year old murders of Bain's immediate family).  That haste was to reflect a much broader professional and personal recklessness which has dogged his short tenure as New Zealand's Solicitor General.
 
After George Gwaze was acquitted last year of murdering his niece - in another prosecution by Collins' office - Collins criticized the Judge's handling of the trial.  The criticism so incensed two jurors that they came out to say the Crown could not even establish the cause of death at the trial. 
 
Both these cases followed the massive Tuhoe terrorist raids and the resultant arrests without bail.  In that case, Collins was forced to reverse his decision to pursue terrorism charges after large public protests exposed his misguided prosecution.  Putting some spin on his U-turn at the time, Mr Collins stated the charges were dropped because the Terrorist Suppression Act was poorly written.  This begged the question why he had not properly read the relevant legislation before approving the rounding up of 17 New Zealand citizens a month earlier.  Despite the resultant embarrassment to New Zealand, Collins' poor judgment was hidden.

Mr Collins himself has been the subject of two police criminal investigations in the past year. A perjury charge - relating to a false affidavit he submitted to the New Zealand Court of Appeal on 11 May 2007 - could have landed him as much as two years in prison, but the Police investigation dismissed the evidence last February on the basis they could not determine the "reasons" Collins submitted the substantively untrue affidavit to the Court. 

In March, after extensive meetings with government lawyers, TVNZ Sunday Programme deciding against running a segment concerning three cases of alleged misconduct by David Collins as New Zealand Solicitor General. #

A JUDGE’S WRATH

27 April 2009
Judge Michael Lance QC
(left) is under criminal investigation for allegedly vandalising the car of Auckland businessman Richard Cummins.  The incident happened on 23 March 2009 in front of the Judge’s apartment block in Browns Bay, Auckland.  The crime was witnessed by two patrons at a nearby café and resulted in $4,000 damage to the vehicle.  A total of 21 deep scratches were “keyed” into various panels of the car while Mr Cummins was in a business appointment nearby.  Story continues

WHISTLE-BLOWING GREATER CRIME THAN NEGLIGENT HOMICIDE ACCORDING TO NZ JUDGES

21 March 2009 
How out of touch are New Zealand Judges?  Consider the contrasting cases of the Sir Edmund Hillary Outdoor Pursuits Centre tragedy resulting in the deaths of 7 people against three recent cases of whistle-blowing by conscientious New Zealand citizens. FULL STORY

WHAT’S WORSE THAN BEATING A DEAD HORSE?

5 March 2009
Three  years  ago  former police prosecutor and current private investigator Grace Haden, operating on a tip, questioned the subsistence of the Animal  Welfare  Institute  of  New  Zealand  (AWINZ ).  It was disclosed to Ms Haden that AWINZ was paid handsomely to lend its name to the movie credits of Lord of the Rings, attesting that no animals were harmed in the making of the movie.  Beyond the mystery of what AWINZ actually was, the reality was that AWINZ ‘officers’ were on set less than 25% of the animal action time.  Haden’s source informed her that a horse named Moon was sent to slaughter after non-specified problems with its front legs.  Three other horses reportedly died during shooting. 
Story Continues 

TRANSPARENCY INTERNATIONAL INVISIBLE IN NEW ZEALAND

12 February 2009
Located in a obscure closet office on the fourth floor of an old department store in Wellington is an 'independent' New Zealand lobbying and fundraising arm of the 15 year old private not-for-profit Transparency International, based in Berlin .  But if you try to find out anything about them, you better be a good investigator.  We tried our best and came up with some interesting background and contradictions.  READ FULL STORY

JUDGE COOPER'S RACIST INVECTIVE TAINTS HIGH COURT RULING

1 January 2009
Under cover of the Christmas Holiday, Auckland High Court Judge Mark Cooper (right) ruled that kiwisfirst editor Vince Siemer had defamed Auckland insolvency accountant Michael Stiassny with publications on this site and ( website name blocked by order of the Court).  Siemer was ordered to pay $920,000 damages to Stiassny, plus unspecified Court costs.

Cooper's 23 December 2008 judgment finding Mr Siemer guilty of defamation followed a 'formal proof' trial conducted sometime in October.  Mr Siemer was debarred from defending himself at that trial because he refused to pay application costs totaling more than $200,000 which Justice Judith Potter had awarded Stiassny ahead of trial.  A Jury trial was earlier denied by order of Justice Rodney Hansen at the request of Stiassny's lawyers on the basis New Zealand citizens were incapable of understanding the complex nature of the alleged defamation alleged against Mr Siemer by Mr Stiassny.

It is understood that Stiassny and an employee of Korda Mentha (formerly Ferrier Hodgson) Alan Garrett, walked into an Auckland Courtroom in October and told Judge Cooper the sad story of Stiassny having to tell his children that he did not do any of the things which had been evidentially detailed on ( website name blocked by order of the Court) in April 2005. Testifying his side of this bizarre 3 1/2 year-long legal escapade, Mr Stiassny told the Judge he had spent over a million dollars in legal costs pursuing Mr Siemer and that everything Mr Siemer published about him were lies which had been previously investigated by the Serious Fraud Office and Institute of Chartered Accountants and found to be baseless.  No reporters or public were present at this cosy meeting.  No record was apparently taken. 

The undefended trial was the first time in the long court battle that Michael Stiassny had appeared in Court.  His appearance came after the Judge provided assurances that Mr Stiassny would not be cross-examined on his testimony.  Judge Cooper thought it best that Stiassny not be further traumatized by suffering the indecency of having his answers challenged in respect of the professional transgressions alleged by Mr Siemer.  These allegations were that Michael Stiassny wrongly attempted to label Paragon Oil Systems Ltd insolvent in 2001 - at a time when the company was flush with cash and had no fixed debt - and had attempted to overcharge Paragon some $10,000 in fees, an overcharge which was thwarted when Managing Director Vince Siemer refused to sign off on payment. 

Perhaps the strangest aspect of the case is that both allegations were earlier proven to be correct in Court - using Stiassny's own documents - yet Judge Cooper failed to address any of this evidence in his lengthy 25 page judgment

The "official" summary of the events and trial lies in the often acerbic words of Justice Cooper's judgment, demonstrating how serious the Judge considered the defamation to be.  In paragraph [49] of that judgment Cooper quoted what he later referred to as "clear instances of vile racist abuse [by Mr Siemer]".  In an apparent quote of Mr Siemer, Cooper J stated -
     "Mr Siemer had referred to Mr Stiassny as a man with "exceptional sway within the small Jewish community" and had commented that "when the judiciary determines that a ruthless and powerful man's reputation is so priceless...the Gestapo cannot be far behind...people like Adolph [sic] Hitler....".

The big problem is that Mr Siemer made no such racist remarks.  Justice Cooper simply took words from unrelated articles, juxtaposed them, then attributed the resultant fictitious quote to Mr Siemer.

Because it breaches a Judge's order to refer readers to the actual website which contains the articles which Justice Cooper selectively pulled words from, the relevant sections are printed below.

In one article which tracks Michael Stiassny's questionable relationship with Robert Fardell QC prior to Mr Fardell's suicide in December 2005, Mr Siemer actual wrote - "Stiassny, the man (Fardell) had inextricably linked himself with, a man with exceptional sway within the small Jewish community and certain sectors of the business community, had spurned his pleas for help."

An unrelated interview posted on the site had Mr Siemer answering the question " Can you really argue with Judge (France's) decision that one cannot put a price on Stiassny's reputation whereas the only thing you have lost is your expenditures on the billboard and website?"   
To which Mr Siemer answered:
"Are you kidding?!  The hearing was the same week as Anzac Day.  Those gallant men and women who paid the ultimate price for freedom would roll over in their graves to learn that a High Court Judge played truth police while quashing freedom of expression.  When the Judiciary determines that a ruthless and powerful man's reputation is so priceless that any evidence and experiences that he claims undermines it must be purged and banned, the Gestapo cannot be far behind.  I am not being over-dramatic.  Erosion of civil liberties is notoriously unremarkable as it is occurring.  If history has taught us anything it is that people like Adolph Hitler, Idi Amin, Saddam Hussein and Pol Pot succeeded in committing horrendous crimes only through purges of public opinion that conflicted with the reputation they sought to promote."

Judge Cooper's "quote", which he attributes to Mr Siemer, is compiled from the words highlighted in the actual publications (above).  This example gives a small glimpse into how justice is regularly arrived at in the parochial New Zealand Courts.  New Zealand Judges know that because of the small subscriber base in New Zealand for the legal reporting clearinghouse Lexis Nexis, Lexis Nexis relies solely on judicial summaries when reporting court decisions. 

NATS SET TO REPLACE DENTAL NURSE AND HISTORY TEACHER AS MINSTER OF JUSTICE AND ATTORNEY GENERAL

STIASSNY SICKS LAWYERS ON TVNZ IN ATTEMPT TO STOP PROGRAMME TO AIR

JOHN KEY SUBJECT OF INSIDER TRADING COMPLAINT to SERIOUS FRAUD OFFICE

Solicitor General Collins Mocks Fair Trials and Public Right to Know at Dominion Post Contempt Trial

Bill Wilson's Private Appointment to Supreme Court a Lesson to Public

NOT ON MY WATCH

AUTHOR ANNE HUNT LAMENTS NZ COURT'S HANDLING OF CONTEMPT CASES USING HER OWN EXPERIENCE

Section 14 of the Bill of Rights Act says quite clearly that: Everyone has the right to freedom of expression, including freedom to seek, receive and impart information and opinions of any kind in any form.  STORY CONTINUES

THE VANISHING JURY IN NEW ZEALAND

STRATFORD RACING CLUB MEMBERSHIP DECIDED BY COURT OF APPEAL

JUDGE JUDY UNDER FIRE FOR ABORTING TRIAL.  Powerful QC Called POTTER J  "An embarrassment to the Court"

AUCKLAND CITY DREDGES THROUGH COUNCIL DIVISIONS  (Link to rate revolt info)

7 March 2008
There is a new guard in charge of Auckland City Council. They are a fierce and determined bunch. In a spirited "Combined Committees" session on Wednesday 5 March, fights over money and politics created banter bordering on a verbal brawl. READ FULL STORY

AUCKLAND RATES RISE; FUNDS GO DOWN TOILET

4 January 2008 
"Where do ratepayer monies go?"  You would be surprised how much this Pt Chev toilet cost (photo next page), how much money goes missing and how much can be spent by Auckland City Council without competitive bidding.  READ STORY    

 

 

 

DAVID HUGH ABBOTT
CHRISTOPHER JOHN ALLAN
NOEL CROSSLEY ANDERSON
PAMELA JEAN ANDREWS
TERENCE HUGH ARNOLD
RAYNOR JOHN ASHER
WILLIAM DAVID BARAGWANATH
PETER BLANCHARD
ROBERT STANLEY CHAMBERS
LESTER HUGH CHISHOLM
ANTHONY PETER CHRISTIANSEN
DENIS KIERAN CLIFFORD
MARK LESLIE SMITH COOPER
PATRICIA COURTNEY
JEREMY PAUL DOOGUE
AILSA DUFFY
EDWARD TAIHAKUREI DURIE
SIAN SEERPOOHI ELIAS
JOHN ANTHONY FAIRE
JOHN GERARD FOGARTY
ELLEN DOLOUR FRANCE
SIMON PETER FRANCE
MARION ANNE FRATER
DAVID IAN GENDALL
JOHN WARWICK GENDALL
SUSAN GWYNFA MARY GLAZEBROOK
LOWELL PATRIA GODDARD

ROBERT GRANT HAMMOND
JOHN WILLIAM HANSEN
RODNEY HAROLD HANSEN
RHYS HARRISON
PAUL ROBERT HEATH
PATRICK JOHN KEANE
GRAHAM LAURIE LANG
JOHN JOSEPH MCGRATH
ALAN DONALD MACKENZIE
JILLIAN MARIE MALLON
FORREST MILLER
MARK ANDREW O'REGAN
GRAHAM KEN PANCKHURST
JUDITH MARJORIE POTTER
JOHN MAURICE PRIESTLEY
ANTHONY PENROSE RANDERSON
JAMES BRUCE ROBERTSON
HANNAH SARGISSON
LYNTON LAURENCE STEVENS
ANDREW PATRICK CHARLES TIPPING
GEOFFREY JOHN VENNING
JOHN RICHARD WILD
JOHN HUGH WILLIAMS
WILLIAM (BILL) McLEOD WILSON
HELEN DIANA WINKELMANN
RONALD LESLIE YOUNG
WILLIAM G G AUSTEN YOUNG

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