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)
TRAGEDY FOLLOWS DAVID COLLINS - Police Investigate
25 August 2008
The New Zealand Police confirmed to
kiwisfirst this week they are investigating New Zealand Solicitor General David Collins for criminal conduct under s111 of the Crimes Act, namely making a false declaration to the High Court in May 2007.
The false declaration was an attempt to cover up a deliberate breach by Mr Collins of a confidential agreement, as well as a Court suppression order, made in a sexual abuse case he had prosecuted against a health professional when in private practice. The alleged offence came shortly after Mr Collins was appointed by the Labour Government to the post of the Nation's highest ranking lawyer (His sole superior, Michael Cullen, is perhaps the only Attorney General in the world's democracies who is not a lawyer). If convicted of the charge, Collins would face Parliamentary removal from office and up to seven years in prison. story continued
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
DIRECTOR'S DISDAIN DOOMED SFO

13 December 2007
Now that the Serious Fraud Office is being disbanded, it has been revealed that much of the culpability for its demise rests with outgoing Director
David BradshawREAD STORY
CHAOS in AUCKLAND HIGH COURT
5 December 2007
Despite an increase in the number of High Court judges being appointed, case backlogs have increased significantly in the Auckland High Court in the last two years. READ STORY
FORMER TOP COP DECRIES NZ TERROR TACTICS
29 October 2007
It all comes down to Police culture, says Ross Meurant. Read Story
NZ POLICE TARGET 'TERRORISTS' BENT ON DESTROYING NEW ZEALAND
Updated 17
October 2007
Police today claim the find of an assault rifle in nation wide roundup proves they are on right track. (story continued)
HUBBLE RULES FOR HUBBARD
11 September 2007
Auckland District Court Judge Hubble ruled today that Auckland Mayor Dick Hubbard can charge members of the public who fail to leave public meetings at City Council Buildings with criminal trespass so long as the demand that precedes the charge is not undertaken 'capriciously'.
Full story
Judge Judy's Resolute March to Perdition
7 September 2007, Auckland
The Court of Appeal ordering of a new murder trial for Antonie Dixon today proves again how one childless judge has indelibly altered the laws of the land to the detriment of future generations of New Zealanders.
FULL STORY
Why Auckland Judges Fought Hard to Cover-up Robert Fardell QC's Suicide
27 August 2007, Auckland
Auckland High Court documents reveal Robert Fardell's imminent appointment to judge before his untimely death was advanced despite widespread knowledge in the judiciary that he was engaged in deliberate deceit of several different clients and had breached ethics rules that had disbarred less privileged lawyers.
FULL STORY
THE DEEPER ISSUES
How is it a man can be held without bail and then sentenced to 6 weeks in a maximum security prison - all a result of a civil defamation claim that has been dormant for more than two years? Find out why the international community is monitoring New Zealand justice [Read more] |
NATS SET TO REPLACE DENTAL NURSE AND HISTORY TEACHER AS MINSTER OF JUSTICE AND ATTORNEY GENERAL
9 November 2008
The National Party trounched the Labour Party government in elections yesterday with 46% of the vote to Labour's 33%. National Party Leader John Key moved quickly to secure the support of the Act Party and United Future before giving his acceptance speech last night. Mr Key will now be the new Prime Minister.
Top on the list on National's many priorities is the replacement of Justice Minister Annette King and Attorney General Michael Cullen. Neither incumbent head has a law degree. National is expected to replace King with Rangitikei Solicitor Simon Power and Cullen with Wellington barrister and former Bell Gully partner Chris Finlayson.
STIASSNY SICKS LAWYERS ON TVNZ IN ATTEMPT TO STOP PROGRAMME TO AIR
26 October 2008
Auckland Insolvency accountant Michael Stiassny wages offensive to prevent tonights' TVNZ
Sunday Programme segment on his 4 year old defamation suit against
kiwisfrist Editor Vince Siemer from airing - threatening to bring yet another defamation suit against TVNZ. Stiassny had earlier declined TVNZ's request to give his side to the story as to why he failed to advance his defamation claim after obtaining a High Court gag injunction against Mr Siemer so many years ago. FULL STORY
JOHN KEY SUBJECT OF INSIDER TRADING COMPLAINT to SERIOUS FRAUD OFFICE
10 October 2008
Public Watchdog Penny Bright filed a well supported complaint
to the Serious Fraud Office this week against National Party Leader John Key for using his Parliamentary position to obtain inside information on Tranzrail's fortunes in 2003, at a time he was a shareholder of the company OUTSIDE LINK TO STORY
Solicitor General Collins Mocks Fair Trials and Public Right to Know at Dominion Post Contempt Trial
16 September 2008
Solicitor General David Collins opened with a bang yesterday in the Crown's prosecution of the Dominion Post for contemptous breach of a court suppression order in the ill-fated Crown prosecution of so-called 'terrorists' last year. Learn why this evidence in a case which was long ago dropped is deemed dangerous for the public to know about. FULL STORY
Bill Wilson's Private Appointment to Supreme Court a Lesson to Public
4 September 2008
"Friends of Bill W" is taking on a new meaning after the
meteoric rise of Bill Wilson (right) to the New Zealand Supreme Court bench this year.
Less than two years ago, Mr Wilson was sitting in his law office trying to figure out where his next paying client was coming from. Not that Wilson needed the money. His Rich Hill Stud Farm - which he owned with fellow Queen's Counsel Alan Galbraith - was printing money. Compared to this, his new $400,000 yearly salary as a Judge could be considered a paltry sum, even if
Justice Wilson now gets chauffered around Wellington in a limousine and has all his lunches catered. As odd as this promotion is in the annals of history, the real mystery is finding out any details on exactly how Mr Wilson was vetted in the selection process to Supreme Court. Read full story
NOT ON MY WATCH
25 June 2008
Former Police Prosecutor Grace Haden is making a name for herself as a private investigator exposing corruption and it may prove more valuable to society than her former police role. READ STORY
AUTHOR ANNE HUNT LAMENTS NZ COURT'S HANDLING OF CONTEMPT CASES USING HER OWN EXPERIENCE
20 June 2008 -
by Anne Hunt
The question has to be asked whether contempt of court is becoming a convenient excuse for the Courts to ignore the provisions of the New Zealand Bill of Rights Act.
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

14 June 2008
On a practical level, jury trials are becoming extinct in New Zealand. The last civil trial by jury was granted in 2004. Judges are also putting pressure on lawyers and Parliament to curtail use of criminal juries. So far, the move away from juries has come without changes to the law. READ STORY
STRATFORD RACING CLUB MEMBERSHIP DECIDED BY COURT OF APPEAL
20 May 2008
One experienced racing aficionado sees the move as worrying judicial activism. Read Full Story
JUDGE JUDY UNDER FIRE FOR ABORTING TRIAL. Powerful QC Called POTTER J
"An embarrassment to the Court"
27 March 2008
Recent Court events demonstrate why
Grant Illingworth QC's remarks that Auckland High Court Judge Judith Potter is "an embarrassment to the Court" were as wise as they were scandalous. Full Story
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

N.Z. SOLICITOR GENERAL SEEN BY OTHER NATIONS AS INEPT AND RECKLESS
14 February 2008
What happens when you are the highest legal official in the country and, in your first year in office, you create an international incident, file two Crown legal actions that ignore basic laws, submit a perjured affidavit to the Wellington High Court and use your public office to prosecute your political opponents? If you are the NZ Solicitor General David Collins, you get a pay raise.
Now that the
United Nations has launched an investigation into Human Rights abuses resulting from New Zealand's ill-fated terrorist raids last October (when more than a dozen NZ citizens were held without bail for a month), businesses, and even tourists, are choosing to stay away from New Zealand. Few Kiwis realise - as many of our allies abroad now do - what a disaster Mr Collins' appointment last year as Solicitor General has been for the rule of law in New Zealand. Growing numbers of Justice officials from Canada to Australia can do little but scratch their heads over what is occuring here, while wondering what could possibly happen next. story continued
RELATED STORY- COLLINS MOVES TO BANKRUPT MOODIE (
26 January 2008)
In what many in the legal profession consider a disgraceful abuse of power, New Zealand Solicitor General David Collins has filed bankruptcy proceedings last month against Feilding Barrister Dr. Rob Moodie in the Palmerston North High Court. READ 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
SOLICITOR GENERAL'S OFFICE CALLED
"CESSPOOL OF CORRUPTION"
12 December 2007
When the new
Solicitor General David Collins QC previously received $400,000 a year in legal aid payments from the government and his predecessor Terrence
Arnold (right) was appointed directly to Court of Appeal judge after criminally concealing evidence in a Coroner's inquest, the camp culture in the
Office of the Solicitor General of New Zealand hits demonstrable new lows. READ STORY
SCOOP DEBATES WHERE TERRORISM BEGINS
5 December 2007
On-line news service
Scoop has cautiously ventured into the debate on what constitutes terrorism in New Zealand by referencing reasons why someone would post the evidence of police surveillance on the web. Link to Story
JUDICIAL CONDUCT COMMISSIONER IAN HAYNES IS 0 for 250
Justice Minister Wages War on Estate Agents to Divert Attention Away From Situation
19 November 2007
Kiwisfirst has uncovered serious deceit and conflict of interest charges against Ian Haynes. Haynes, who has been the Judicial Conduct Commissioner since the inception of the position by Parliament in 2004 to combat judicial misconduct in New Zealand, has handled some 250 separate misconduct complaints against judges without a single one deemed worthy of even a formal investigation (which was the entire purpose of Parliament establishing his office). STORY CONTINUED
VECTOR AGM A LESSON IN CORPORATE THUGGERY
20 October 2007
Amid hired security forces that rivaled that of a traveling head of state, Vector Chairman Michael Stiassny threatened looming electricity infrastructure cutbacks and looked to blame Vector's lackluster business performance and its huge and mounting debt on government regulators during the company's annual general meeting yesterday. (story continued)
AUCKLAND CITY CEO RANKIN REFUSES OIA REQUEST ON $91 MILLION SPENT FOR CONSULTANTS AHEAD OF ELECTION
17 October 2007, Auckland
The disclosure in August that Auckland City spent $91 Million on 'consultants' over the last three years has taken a nasty twist with the revelation that Auckland City CEO David Rankin has failed over six weeks to respond to an Official Information Act Request by erstwhile Auckland Mayoral Candidate Lisa Prager.
STORY CONTINUED |
IN AN EMBARRASSMENT TO JUSTICES YOUNG AND HANSEN, THE SUPREME COURT MAKES STAND FOR FREEDOM OF EXPRESSION
Dateline:24 May 2007
More than a year after the appeal hearing and two years after the appeal was filed, the Supreme Court issues its ruling upholding right to peaceful potests; overturns rulings of Appeal Court Judge William Young and High Court Judge John Hansen.
Read Story.
FIGHT TO PROTECT BILL OF RIGHTS GOES TO SUPREME COURT
Dateline: 12 June 2007
You realize just how fragile the rule of law is when two lower courts ignore rights guaranteed by the Bill of Rights Act 1990.
Read story |