High Court

No one wants a sex offender for a neighbour

No one wants a sex offender for a neighbour  but the cold hard truth is that if the court does not issue a public protection order,  the only option Corrections  have left is to house the offender in the community.

Understandably the communities where these offenders are being housed are very unhappy and lobby hard to have them removed. Without a public protection order when a sex offender is removed from one community he has to be put into another.  Only with a public protection order can he be housed in a secure community outside a prison well away from families and children after he has finished serving his sentence. Currently, one community assisted by the media party are trying to spin  the story that sex offenders are being put  into communities that vote labour by a heartless National government.

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Stephen Franks short but blunt message about our judicial system

I have refrained from entering into the Teina Pora debate until some sensible thoughts emerged.

Stephen Franks is short and blunt, but he is right.

Another embarrassment for our criminal justice system dealt with by  the Privy Council, the world’s best independent  top court.

There will be too much political resistance to admitting a stupid mistake in dumping that inexpensive heritage assurance of judicial objectivity. But the need remains.

We should promptly ask the High Court of Australia to accept our appeals where we need demonstrable assurance that the result will not be influenced by insider defensiveness or local groupthink.

The single worst thing that Helen Clark did, with it appears little actual thinking, was the removal of appeal tot eh Privy Council.   Read more »

Let’s just totally ignore the High Court’s ruling shall we?

A decision to clear Cameron Slater of Privacy Act breaches could result in all bloggers being exempt from the legislation, the Director of Human Rights Proceedings says.

The director’s lawyer, Simon Judd, told the Human Rights Review Tribunal today there was nothing to distinguish Mr Slater from any other blogger who expressed their opinions on the internet.

-RadioNZ

Nothing? Really? How about a High Court ruling that he is a journalist?

A court’s recognition of WhaleOil blogger Cameron Slater as a journalist reflects the changing media landscape, the Newspaper Publishers’ Association (NPA) says.

Slater has won a High Court nod that he is a journalist and that his blog is a news medium

-Stuff

That is a pretty strong distinction don’t you think?

 But Mr Judd told the tribunal the case could set a precedent and result in every blogger being exempt from the Privacy Act if the charge was not upheld.

-RadioNZ   Read more »

Dodgy Socialist Dam Gets it in the Arse

Fenton "Jong-un" Wilson

Fenton “Jong-un” Wilson

Regular readers will know I am a staunch opponent of bludgers or corporate welfare, and of ruining our rivers with pollution.

These two pet hates come together in the dodgy socialist dam being promoted by the extremely dodgy Hawke’s Bay Regional Council.

The dodgy dam and the even dodgier Hawke’s Bay Regional Council got a big kick in the arse today with the High Court finding in favour of Fish and Game on all 12 points of law, and awarding costs.

A High Court judge has ordered the board of inquiry for New Zealand’s largest irrigation scheme, the Ruataniwha Water Storage Scheme in Hawke’s Bay, back to the drawing board on the out-clause it created to allow 615 larger farms to dodge a stringent new water quality rule relating to nitrogen leaching into waterways.

The decision is a significant win for the Royal Forest and Bird Protection Society, the Hawke’s Bay and Eastern Fish and Game Councils and the Environmental Defence Society, all of which appealed elements of the board’s decision to exempt all farms larger than four hectares from having to comply with its finding that levels of dissolved inorganic nitrogen (DIN) in the Tukituki River, downstream from the proposed Ruataniwha dam, should be less than 0.8 milligrams per litre.    Read more »

Someone is very very worried.

Terrified-Man-with-Three-Shadow-Figures-in-Background_10.04.20111

-innerpeaceandultimatefreedom

New Zealanders are a very generous lot. On charity sites such as Givealittle we help many different people and worthwhile causes.

It appears that many, many, New Zealanders thought that Independently wealthy Nicky Hager was one such worthwhile cause. The fact that he has made around $500,000 from his sales of the book ‘Dirty Politics’ doesn’t seem to affect their desire to help him financially.

I can’t help but wonder if two or three of the donations were rather large. I suspect there are two or three people in New Zealand who are rather concerned that if Rawshark is identified that the trail will lead back to them and their organisations.

Lets face it. If Hager expects us to trust him to read Cam’s stolen e-mails and only use what is in the Public Interest in order to make himself a not inconsequential chunk of change then SURELY he can trust the NZ Police to not reveal any information that they have to read in the search for information about the hacker Rawshark? Methinks the so called journalist protests too much. I suspect he has finally  realised that he was a pawn in a well planned and well executed Political hit. The people who used him knew how to reel him in and which buttons to push while keeping him ignorant of their agenda and who was really behind it all.

If he doesn’t fight the Police and the truth is finally revealed, his career and reputation will be destroyed in a spectacular fashion. In fact it will be so spectacular that I expect that it will be worthy of being made into a movie. Imagine… a book about dirty politics written by the pawn of a group of Black Op political operatives on a political mission to take down an extremely effective Political Operative on the other side of the Political spectrum. They use Dirty and criminal politics to frame him as being Dirty Politically in league with the government of the day.It was a plan so cunning you could pin a tail on it at call it a weasel!

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The logic of The Cunliffe

Yesterday David Cunliffe rushed of to make a statement about the conviction of John Banks, and his diminutive candidate in Epsom did likewise. Michael Wood defamed John Banks in his press release, Banks was found guilty of filing a false electoral return which is not electoral fraud as he claimed. But that is by the by. Both Cunliffe and Wood both think that because of something that John Banks did in 2010, standing as an independent in a local body election which he lost, somehow impacts on the Act party in 2014.

Labour Leader David Cunliffe said Mr Banks’ conviction “underlines a sorry chapter in our political history” and he should “accept his sentence and move on”.

“His conviction is also a reminder of the dodgy deal that kept him in Parliament over the last three years – and of the heavy-handed pursuit of the media by the police in its wake.”

However, with Prime Minister John Key this week saying he would again do deals with Act and United Future, “the National Party has learned nothing from this distortion of the MMP system”.

“National has been kept in power by a self-evident manipulation of our democratic process – relying on discredited and irrelevant support parties such as ACT and United Future which owe their place in Parliament to cups of tea and a nod and a wink.

“Labour will remove coat-tailing to make the electoral system fairer and more transparent.”

Basically their premise is because John Banks filled out a form incorrectly in 2010 when he wasn’t even a member of the Act party and subsequently was pursued by a convicted fraudster, tax cheat and blackmailer then sfor some reason people shouldn’t vote for  Act this election.

“You failed to disclose only two donations. There is nothing to suggest it was a pattern of offending,” Justice Wylie said.

But it was not a victimless crime, he said, the victim of the offending was the community at large.

Which is not particularly accurate, as John Banks at the time had lost the election and was then a retired politician and a private citizen.

Cunliffe’s claims were a long bow and he failed to draw it properly.  Read more »

Face of the day

Now here is a judge that would not have let Prince Paki off.

We need more judges like this one.

Justice Simon Moore

Justice Simon Moore

An Opotiki man has been given the open-ended sentence of preventive detention for what a judge said was the protection of vulnerable women in particular and the community in general.

Justice Simon Moore imposed the lengthy prison term on Bligh Lawson Thompson, 48, in the High Court at Rotorua on Friday.

He ordered a minimum period of imprisonment of five years on each of the three charges Thompson faced – unlawful detention, sexual violation by rape and unlawful sexual connection. Thompson pleaded guilty to the charges as his trial was about to commence in April.

Justice Moore noted Thompson’s March 2013 offending against a young Opotiki woman he didn’t know was a virtual carbon copy of what he’d done to an Auckland woman 18 years earlier.

For that he’d been jailed for 9½ years, subsequently breaching his parole and being returned to prison.

-NZ Herald

Invercargill’s Crazy Cat lady finally has a name

Some other crazy cat lady

Some other crazy cat lady

Not that we need to know her name.  But the fact it was suppressed in the first place, make this important.

Allison Beckham reports:

The Invercargill woman charged with keeping too many cats on her city property can be named as Averil Maree Gardiner.

Gardiner, who has pleaded not guilty to failing to reduce the number of animals on her property to comply with an Invercargill City Council bylaw, and creating a nuisance under the Health Act, 1956, has been fighting to keep her name private.

Last month, in the Invercargill District Court, Judge Michael Turner ruled she had not met the high threshold required for continued name suppression and ordered it be lifted. Through her counsel, Simon Claver, she immediately appealed to the High Court.

The appeal was to have been heard in Invercargill yesterday, but in the afternoon the court issued a statement saying the action had been abandoned.

It was always absurd to demand name suppression on such a minor civil case.

Fern and Rachael Webber are among many neighbours who have complained about Gardiner’s animals roaming the area, upsetting other cats and fouling and spraying on nearby properties.

Mr Webber said after Gardiner moved in, he and his wife did not realise for some months just how many cats she owned.

”Then we began to see them sitting on her driveway in the sun. The most I ever counted was 25.”

Mrs Webber said she did not care if Gardiner owned 10 or 20 cats but was only concerned about the health of her own family.

”The cats were using our entire lawn and garden as a toilet … and digging up my seedlings.

”Before our children went out to play we had to go round with a plastic bag and pick up the poo.”

Since news of Gardiner’s cats broke about three months ago, the cats had been kept inside ”virtually 24/7”, Mr Webber said.

”It’s been awesome for us, but what the smell is like inside her house I don’t know.”

Averil Maree Gardiner, you must go through a few cubic meters of kitty litter a week!

 

– Otago Daily Times

Face of the day

Lucan Battison

Lucan Battison

The long-haired schoolboy who was suspended for refusing to cut his locks has won a High Court battle to keep his long hair.

Year 12 St John’s College student Lucan Battison, 16, was suspended for refusing to conform with his principal’s wishes and cut his hair last month.

His family challenged the school’s decision and took the case to the High Court in Wellington earlier this week.

But now Justice David Collins has ruled in his favour.

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Vexatious litigant and dud root loses in High Court

prostitute-1200

A vexatious litigant and a dud root has lost in his attempt to get a refund from a hooker.

Lord knows why his name and details haven’t been published.

A man who tried to sue a prostitute for a refund has lost his case in the High Court.

The man, who’s known as Mr N, hired a private investigator to track the sex worker down after he felt he hadn’t had his money’s worth, when his session with the woman ended prematurely.

Today’s Sunday Star Times reports Mr N claimed compensation and damages, because the woman breached a contractual agreement.    Read more »