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
9 November 2008
The National Party trounced 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
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
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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. 
LINK to alarming research
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.
John Creser reports on Police double standards
IN HIS HONOUR's OWN WORDS
1 March 2008 As little as 20 years ago the law was a respected profession in New Zealand. 
rule allowing parties to avoid identifying their discovery documents.
8 March 2009
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 Justice
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. 
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. 
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. 