South Wairarapa Vet Services support community project:

Update on Flynn (the horse with nine lives):   

Flynn has had his operation and is doing very well now, thanks to the kind, compassionate, professional team at the South Wairarapa Veterinary Services.  I am delighted, and very grateful indeed, as are all the local kids (and grown up kids) who love Flynn and his fellow FOCKCer horses, Brutus, Patrick, etc.  They've been mates for many years

Friends of Caring Kiwi Communities (the FOCKCers) own three horses in Carterton, we use them for Pet Therapy, riding for the disabled, bullied, abused, at risk, less privileged young people in the Wairarapa. Flynn's the eldest of the horses, he's over thirty years old.  

He developed a tumour on his sheath a while ago, so of course I contacted the South Wairarapa Veterinary Services.  Since arriving in the Wairarapa over eleven years ago I've used the services of South Wairarapa Veterinary Services and always been impressed by their professionalism and caring considerate manner.  Peter Morriss examined Flynn.  Peter upholds the impeccably high standards set by the legendary horse vet Rodger Gillett, who recently retired.  The vets confirmed that although the growth was unsightly, it wasn't causing him any immediate harm, any apparent pain, or any significant discomfort, and that he was in otherwise tip top condition and had a very good quality of life for the time being.  We were all aware that the growth was growing and that action had to be taken in the fairly near future but it was agreed by everyone that there was no need to euthanase the horse in the very near future. 

Peter continued to keep an eye on Flynn, and invited his colleague who also specialises in equine surgery to also have a look at him, and after consulting they decided that it was feasible to attempt to remove the tumour.  

To my absolute joy, the South Wairarapa Veterinary Services kindly offered to perform the operation free of charge, in the interests of gaining experience in performing the procedure, and educating junior veterinarians.  I was blown away by Peter Morriss's generosity.  It was a major operation, very risky, and Flynn was over thirty years old, so I was also well aware that he might well not survive the operation, as were Peter and Jane, but I had great faith in their quiet confidence, and their professional skills.

On 22nd November 2012 Jane Ough and Peter Morriss, with Emily the vet nurse, successfully removed the massive tumour in a challenging two hour operation, with others observing for educational purposes.  

First, Jane carefully examined him, listening to his heart for a long, long time, finally pronouncing him "very robust", and then measuring him to estimate his weight in order to calculate the correct dose of the sedative required.  

It was touch and go a few times, there was a lot of blood, Flynn decided he had to lie down half way through the operation, after all the sedative we had to give him, which wasn't part of the plan (the vets had hoped to perform the operation with him standing up, sedated, using local anaesthetic.  The team moved on to Plan B and just got on with the job.  Blood spurted from all the blood vessels as Peter and Jane worked fast to stitch them all up, with Emily handing them instruments flat out and providing great support.  It was amazing to watch the speed at which they worked, it seemed to take forever.

Flynn stopped breathing a few times, Jane told me to lift up his head, and I give him a jolly good speaking to, telling him to pull up his socks and do his bit and BREATHE.  Finally he'd take a breath again each time, and finally, after what seemed like hours (the whole thing took a couple of hours) the stitching was all finished, and Jane administered the antidote for the sedative as they worked flat out to clean Flynn up and wash and put away all the equipment.  In a little while Flynn woke up, got to his feet, neatly avoiding the big mass of clotted blood on the ground, and started eating the grass as if nothing had happened.  I felt like all my Christmases had come at once.  So did all Flynn's little friends in the community.

Flynn and his two fellow Community Garden horses provide a great service to the community, providing riding for the disabled, the bullied, the abused kids, the ones with funny lumps growing out of them, and big scars (some you can see and some you can't), and all the other kids round here who think hanging out with horses is a better idea than going off and committing suicide or something.

Spending time with horses builds confidence, empathy, respect, relationship skills, communication skills, it's a great thing, and Flynn, Brutus and Patrick benefit the kids round here more than they benefit me.  We'd like to establish a fund to enable the SWVS to do other operations for animals in the community like this.  The SWVS do other work they're not paid for too, such as when people bring them animals who have been hit by a car and the owner can't be found, people who can't afford to put their pets down but don't want them to suffer, and other things to help people and animals in the community.

Please support the work of the South Wairarapa Veterinary Services, they do a lot of work in the community for which they don't receive payment, and the fact that they offered to do this operation for Flynn free of charge says a great deal about their commitment to the community, their high ethical and professional standards, and the character and calibre of the vets who work for their practise.  They have looked after Flynn and his mates for over twelve years, and they've always provided absolutely top quality professional services to us, and to everyone we know.

It's good for kids to learn that just because you're old and you've got a lump doesn't mean you should automatically be thrown on the scrap heap.  Flynn's always loved taking little kids for rides, he's made it his mission in life and his specialty.  I told him years ago that if he looked after the kids, I'd always look after him.  And he always has, and it's just wonderful that Peter and Jane offered to operate on him so he can carry on his good work, showing kids how to have fun, make friends, learn to trust, build confidence, etc.

People who care about animal welfare should consider making a donation to the SWVS to enable them to set up a little fund to perform other procedures on animals in need, for the benefit of the vulnerable in the community (like a lot of the people who enjoy spending time with Flynn), for educational purposes, humane purposes, etc.  This is a really good way to provide direct assistance to animals in need, and recognise all the work that these veterinarians do in our community that people don't always know about.

Jane and Peter removed Flynn's stitches yesterday, he's looking as healthy (and handsome) as ever

Donations (fan mail, etc,) can be sent to South Wairarapa Veterinary Services, 8 High Street South, Carterton  5713.

Elaine Crozier/Winchester's outrageous notes:

On the 3rd of June 2011 I was illegally incarcerated in Te Whare Ahuru after being transferred from Rangipapa in an attempt to corruptly move me from the jurisdiction of the Capital Coast Health Board to the Hutt Valley District Health Board and corruptly invalidate my application to the Court for a Judicial Inquiry into my corrupt and illegal detention in a mental health facility in response to revelations regarding corruption, bullying and incompetence which is rife in the Wairarapa, involving police and other 'community leaders'.  Friends had started a petition and were actively trying to have me freed by taking whatever steps they could to end the gross injustice and corruption. 

Friends had contacted a social service organisation receiving government funding called "Atareira", which was linked with another organisation called "Oasis", and asked for assistance, specifically asking that a staff member go to Te Whare Ahuru and assist me. 

So in due course, on 3rd June 2011, a woman was ushered in by staff at Te Whare Ahuru who introduced her to me as "Elaine Winchester" - I took one look at her and said "You're Elaine Crozier, and I know you from the Carterton Community Centre."  The woman denied this repeatedly, saying she was NOT Elaine Crozier and had never seen me before.  She was lying - deliberately.  She knew perfectly well that I had been Secretary and Finance Officer of the committee who had employed her, and that I had queried her appointment and the process of appointing her and the fact that she had provided no curriculum vitae or references.  Elaine Crozier/Winchester's employment at the Carterton Community Centre was short lived because she colluded with the corrupt and incompetent group of District Councillors who had been involved for years in ripping off the funding of the Centre and it's dozen or so bank accounts, all funded by charities, our taxes, etc.  The victims of these rip offs were the poor, the disadvantaged, which makes the frauds even more despicable.

Five months later, on the 11th or 12th November 2011, I realised exactly who she was after she posted extremely insensitive and offensive material on her facebook page following the death of Ceridwen Allom, aged 15.  Elaine Crozier/Winchester first posted a music video with the words "posted for youthful Ceridwen, suicided this week aged 15 of Masterton special daughter of close friends of my son Hugh we have lights guiding us" - this is a clear breach of section 71 of the Coroner's Act 2006:

"71   Restrictions on making public of details of self-inflicted deaths

• (1)No person may, without a coroner's authority, make public any particular relating to the manner in which a death occurred if—

  • (a)the death occurred in New Zealand after the commencement of this section; and

  • (b)there is reasonable cause to believe the death was self-inflicted; and

  • (c)no inquiry into the death has been completed.
  (2)If a coroner has found a death to be self-inflicted, no person may, without a coroner's authority or permission under section 72, make public a particular of the death other than—

  • (a)the name, address, and occupation of the person concerned; and

  • (b)the fact that the coroner has found the death to be self-inflicted.
  (3)The only grounds on which a coroner may under this section authorise the making public of particulars of the death (other than those specified in subsection (2)(a) and (b)) are that the making public of particulars of that kind is unlikely to be detrimental to public safety.

I was shocked to discover that the woman I had challenged was indeed the same person who had repeatedly denied that she was Elaine Crozier.  I wrote to the organisation who had sent her to Te Whare Ahuru and made a formal complaint regarding her deliberately dishonest denial of the facts regarding her identity and a request for all information held by the organisation about myself - I was in for an even bigger shock.  It's important that incompetent and corrupt people such as Elaine Winchester/Crozier and prevented from working with vulnerable people because this is why we have such high rates of suicide in this country, because incompetent and corrupt liars like this are being moved from one job to the next without ever being held accountable for a long string of unprofessional, dishonest, corrupt, cruel treatment heaped on one person after another - it's like moving the parish priest to another parish after they rape a few kids - it doesn't solve the problem it makes it WORSE!

Shortly after posting the incredibly insensitive - and illegal - comments on facebook about the suicide - well before half of Ceridwen Allom's friends would have been informed of her death - Crozier/Winchester then posted the following facebook entry: "Y'all gon get your minds blown the fuck outta this world", "This is by far the best thing I've ever seen on the net and y'all know I've posted some crazy ass shit, right?" - making a mockery of the reference to the deceased in the opinion of many people and showing gross insensitivity and lack of empathy.

In due course I received Elaine Crozier/Wakefield's "notes" - made regarding her visit to Te Whare Ahuru during which she lied to my face about her identity - this is what she wrote about me:

Elaine "managed IHC adult service" as she puts it, for a VERY short time after it was revealed that she had lied regarding her Curriculum Vitae and references.  I was the Acting Manager prior to her appointment, and I was Secretary and Finance Officer of the committee of the Carterton Community Centre, which interviewed her and which was her employer.  

Repeated requests to Atareira for any evidence of any qualifications or relevant experience for the role of "social worker" or "family support worker" have been refused or ignored.

There IS no "Town Community Council" in Carterton and there is NO evidence of "her psychosis" because no such psychosis existed!  Elaine Crozier/Winchester is a deliberate liar who saw an opportunity to slander me out of revenge for exposing her lies about her CV!

New Zealanders deserve better than this - and it's high time this evil lying witch got her snout out of the trough of taxpayer funded "social services" - this post will be updated shortly!

Flynn and his friends at the South Wairarapa Veterinary Services:

Update on Flynn, the horse with nine lives: 

Friends of Caring Communities (the FOCCers) own three horses in Carterton, Flynn is the eldest. He developed a tumour on his sheath a while ago, so of course I contacted the vet, who examined him.  Since arriving in the Wairarapa over eleven years ago I've used the services of South Wairarapa Veterinary Services, and always been impressed by their professionalism.  Peter Morriss examined Flynn, Peter upholds the impeccably high standards set by the great Rodger Gillett, who recently retired.  We established (Peter Morriss confirmed) that although the growth was unsightly, it wasn't causing him any immediate harm, any apparent pain, or any significant discomfort, and that he was in otherwise tip top condition and had a very good quality of life for the time being.  We were all aware that the growth was growing and that action had to be taken in the fairly near future but there was no need to euthanase the horse.  Peter invited his colleague who also specialises in equine surgery to give a second opinion, and after some deliberation it was decided that it was feasible to attempt to remove the tumour.

On 22nd November 2012 Jane, Peter and Emily successfully removed the tumour in a challenging two hour operation, with others observing for educational purposes.  A week and a half later Flynn's doing very well.

The FOCKCers received a lot of complaints recently about Flynn, and our other horses, who have been moved out of their paddocks by corrupt police, etc, many - if not most - of these complaints are false and malicious, this is the first of several posts about recent events.

I received several messages on my phone and an email from Val Ball of the local SPCA recently, Val Ball was instrumental in the removal of a very well cared for horse a few years ago which I was involved with, which was when I first became aware that the SPCA is involved (knowingly or unknowingly) in what amounts to organised thefts of animals.

Other people also received visits, phone calls and general harassment from these malicious parties, which included Emily Brown and various others.

Local Police have been moving the horses from the paddocks they were in in the last few days - Dulcie Routhan would be spinning in her grave if she knew about this outrageous corruption going on over her estate!  Dulcie Routhan cared about children and animals - not the feathering the nests of the likes of greedy lying bullies like George Smith and Emily Brown.
So here's the recent email I received, in red, and my response:

Dear Val Ball, 

Regarding your email of 12 November (in red):

1.  "Kate.  I am on my third concern today with regard to your horse in Belvadier road."  Please provide all information held by SPCA regarding me and my animals according to the Privacy Act, in particular, the total number of complaints you received about this matter.  Sorry to be a nuisance, but the police are now involved and this has got beyond a joke.

2.   "I understand that you have been talking with Peter Morriss about the horse. The horse is in good physical condition but cannot be left like it is.  Sadly it needs to be euthanized by humane methods. Peter has said that the horse is not in pain but has great discomfort and it sounds like it is getting worse."  Peter didn't say any such thing, and I think that he and the staff at the clinic are getting very tired of all this nonsense, it's harassment.

3.   "I went and observed it yesterday and while it was walking around and feeding it was unable to sit down and appeared to be limping  or holding its leg up as if to relieve the discomfort."  This is blatantly untrue, as witnessed by many people and considerable evidence.  Horses do not "sit down", and these claims are simply not true.  

4.  The SPCA will be prepared to assist in costs if this will help you. 

I have also received a concern from my head office so people are getting really concerned.  Val Ball  

Many, if not most of the complaints you received were malicious, people with genuine concerns contacted me on the number on the sign on the gate and were soon reassured.  Please provide contact details of your head office (email).  Your offer of assistance with costs is gratefully accepted.  (I notice SPCA had a collection the other day outside the supermarket.)  Flynn has had his operation and is doing very well now.  How much are you able to contribute to the costs?  Considering the benefit that Flynn and his two fellow Community Garden horses provide to the community, providing riding for the disabled, the bullied, the abused kids, the ones with funny lumps growing out of them, and big scars on their heads, etc, and all the other kids round here who think hanging out with horses is a better idea than going off and committing suicide or something.

Spending time with horses builds confidence, empathy, respect, relationship skills, communication skills, it's a great thing, and Flynn, Brutus and Patrick benefit the kids round here more than they benefit me, it's the kids you'll be helping.  We'd like to establish a fund to enable the SWVS to do other operations in the future that benefit the community (and the SPCA probably), Flynn's operation benefits the work of the SPCA, it really does.  The whole affair has been educational for a lot of people, it's good for kids to learn that just because you're old and you've got a lump doesn't mean you should automatically be thrown on the scrap heap.

If you could let me know as soon as possible it would be good for obvious reasons, I look forward to your response asap.  Also if you are able to assist with helping us to find grazing locally by advertising through your contacts and by writing to the Carterton District Council and formally asking them to allow us to graze some of the land they own, it's the least they can do after destroying our garden, paying their staff to 'perk' our sheds, etc, and making the same sort of malicious complaints about all sorts of things to anyone who will listen.  

You and I share a common intolerance of animal abuse and it would be good to work together in a more positive way in the future, we need support urgently, many of the complaints about Flynn were malicious, this sort of malicious spreading of misformation has cost me my employment, and it's time the SPCA wrote to the Carterton District Council about these matters - there is also the matter of Robert Miller refusing to tell police about the phone calls he received from Lenny Spowart - claiming he was "Mr White" after Spowart released the other horse onto the road for the second or third time.  Police refuse to charge him saying there's no evidence, there is.  It's the phone records, the call WILL be recorded and Robert Miller is obliged under the Privacy Act and the OIA to provide me with this information, all of it, and he is morally and ethicall and legally obliged to give it to police.  Robert Miller admitted he remembered it perfectly well in front of a witness when he came to speak to me recently after Spowart released the horse the last time! That Council sent us a bill for impounding fees is a further slap in the face!  They know perfectly well Spowart should be in Court for it!  Especially after the Council ROBBED us of $400 election deposits they fraudulently refused to return!  Not to mention all the money in the ten Community Centre bank accounts the Council members on the committee ripped off - thousands and thousands!

Then there's the matter of the horse I recently recovered from the property of an employee of the Carterton District Council, I was subject to an attack from a malicious (and drunken) member of the public just this morning regarding the state of its hooves, and had been concerned myself about the fact that it had been ridden from Waihakeke to Clareville in the hottest part of the day with hooves like that and as fat as it had been allowed to get.  I wonder what the SPCA would make of that?  We would be grateful for your assistance, and look forward to your response, thank you for your kind offer to assist with costs, and hoping you will assist with the letter to the Council as well.  

Katherine Raue

There was no response to this email, so I escalated the inquiries and contacted SPCA Head Offices having found their contact details myself, and today I received the following response to that:

"Hi Katherine,

Thank you for contacting RNZSPCA about this matter. Could you please call me or alternatively send me a contact number so I can call you to discuss this further.

Regards,

Lloyd Warren, Regional Manager (Central) Inspectorate and Centre Support"

I advised Mr Warren that because of the blatant lies told by Val Ball I preferred all further communication be in writing, whereupon I received a request for all emails from Val Ball - the onus is on VAL BALL to provide this information according to the Privacy Act NOT me!  In due course I then received this arrogant and dismissive response, which totally ignores the main part of my email:
Hi Katherine,

When an SPCA takes receipt of an animal welfare concern they are duty bound to investigate the matter. SPCA make every effort to obtain the concerned callers name and contact number however for a variety of reasons a large percentage of callers remain anonymous. SPCA endeavour to investigate any animal welfare concern received.

Once an animal welfare complaint has been received it is common for the officer in charge (Animal Welfare Inspector) to contact relevant organisations (Council, Police, veterinary clinics, etc) to attempt to gather additional information which may assist the Inspector in the investigation of the complaint. The Inspector would in most cases visit a property or land to inspect an animal.

Please note that in accordance with the Animal Welfare Act 1999 an SPCA Animal Welfare Inspector (section 124(2)) has the power to enter, without warrant, any land for the purposes of inspecting any animal/s (section 127(1)).

I have spoken with Val Ball and the vet who operated on your horse and I am satisfied that the horse is in satisfactory condition, however please be advised that an SPCA Inspector may from time to time visit the horse.

Regards,

Lloyd Warren
__________________


That's why I've requested ALL INFORMATION from her - she lied about the horse the vet operated on.  The vet operated on the horse "for free" as you put it, partly because many people in the community are aware of a malicious campaign against me and my horses - OUR horses - the COMMUNITY GARDENS horses - a nasty malicious campaign of opposition against our (FOCKCers - Friends of Caring Kiwi Communities) work in the community with local kids, suicide prevention, preventing bullying, etc.  The operation obviously wasn't "free" for the vets to perform was it - it used drugs for one thing and they cost money, it took two hours or so of senior vet's time, and after all the trouble Val Ball has caused and the statements made by Val Ball you need to indeed honour Val Ball's statement that SPCA would assist with "costs" because as I say, it all cost money and SPCA can make a reasonable donation to the vets to cover the "costs" of the medication, the "costs" to the clinic of having two senior vets occupied on other business all that time, travel costs, etc.  The SPCA's hysterical fabrication of a situation that didn't exist because the horse was never in pain or suffering, or anything other than mild discomfort, caused a considerable amount of EXTRA expense for the SWVS - having to examine the horse repeatedly and answer the phone repeatedly, write reports, etc, etc.

Val Ball lied about the horse Flynn when she said "Peter has said that the horse" . . . "has great discomfort and it sounds like it is getting worse." and "it was unable to sit down and appeared to be limping  or holding its leg up as if to relieve the discomfort."  She repeatedly insisted it needed euthanasing immediately and made other such untrue allegations about what the vet said in the messages she left on my phone.  It certainly appears she's involved in lying to the police about this horse and others and I would appreciate you providing me with ALL INFORMATION YOUR ORGANISATION HOLDS ABOUT ME IMMEDIATELY - ALL NOTES REGARDING PHONE MESSAGES, ALL INFORMATION - EVERYTHING ON YOUR FILES PLEASE.

She said she'd assist with costs and you should do so immediately and cease trying to make excuses for this appalling behaviour and trying to make excuses to avoid the commitment to assist with costs - why should the vets bear all the cost of it - and me email also referred to SPCA assisting us with requests for assistance from the local Council, etc - why are you ignoring the substance of my emails and just trying to fob me off with these pathetic excuses?

We've had bills for impounding our horse from the Council after a deluded criminal released one of them onto the main road repeatedly - this individual, Lenny Spowart, rang the Council animal control officer,Robert Miller, and told him that his name was Mr White (a deluded lie) and the horse wasn't allowed in the paddock (of course it was).- Miller refused to tell police about the phone call and provide them with information regarding the date and time of the call so they can get on with establishing it came from Spowart's phone and get on with charging him for putting the horse on the road.
__________________
- Regarding your final comment about SPCA visiting my horse in the future - you are warned that what you are doing is illegal - it is HARASSMENT - it is ABUSE OF STATUTORY POWERS and it it unnecessary, I have had these horses for over twenty years, and other horses, there has never been any animal welfare issues and there are literally hundreds of witnesses - credible, well qualified and experienced witness to attest to that.  Furthermore, I am a MAF Animal Welfare Manager, and was previously employed in that capacity at MAF's Silverstream Isolation Unit and at the National Centre for Disease Investigation - who sold three horses to the meat works in Masterton, which were infected with an unwanted organism which has the potential to cause international trade disruption" according to MAF (against my advice of course).  Further "visits" will be viewed as criminal harassment and will not be tolerated - if you or Val Ball or any other SPCA "officer" has concerns about animals you need to PHOTOGRAPH or preferably make a VIDEO RECORDING of it and you know perfectly well that wasn't done because Val Ball was LYING about the horse "not being able to sit down" and "limping" etc - not to mention what she alleged the vet had said!  A large number of qualified and experienced race horse trainers, vets, huntsmen, etc, all know and will bear witness to the fact that there have NEVER been any animal welfare issues regarding my animals and that Val Ball and her cohorts have a history of making false allegations and failing to produce any EVIDENCE of their lies - where are the photos of Clementina Hall's horse???  Your response is arrogant in the extreme and will be posted on the internet for all to see where their donations are going.  We would be glad if you would "assist with costs" asap because the FOCKCers support the community work that the South Wairarapa Vet's do to educate and enrich the lives of the local children and animals, and your assistance will enable them to do other operations like this in future, that will benefit the whole community.  I have lost grazing to several paddocks thanks to Val Ball's lies and would appreciate it if you and her and the lot of you KEEP WELL AWAY from my horses - they do NOT require your ill informed and outright dishonest and malicious harassment.

WCC - Irony, hypocrisy, or both?

Today it was announced that Wellington City Council has paid over a million dollars towards the hype leading up to the premier of Peter Jackson's The Hobbit - well J R R Tolkein's Hobbit actually, but you'd be forgiven for thinking Peter Jackson was the creator.  It's no problem to close streets for the erection of the Weta sculptures in the city, a twelve metre high sculpture of Gollum has been installed at the airport and silhouettes of Hobbits dominate the skyline in Wellington these days, but isn't it funny how times change . . .

It wasn't long ago that the Wellington City Council waged war on another Peter Jackson, for erecting a sculpture of Albert Einstein in Courtenay Place (- at his own expense):
From the Dominion Post, August 2005:

"BEAUTY, it seems, is in the eye of the beholder -- a lesson being learned the hard way by Wellington bar owner Peter Jackson.
He has been embroiled in a David and Goliath-type battle with Wellington City Council over a polystyrene Albert Einstein sculpture he commissioned to hang outside The Lab in Dixon St.
The council claims the artwork is an eyesore and has refused to grant resource consent. But the defiant publican is refusing to remove it.
He said he was prepared to cop a fine for his stand and was even considering an Environment Court appeal.
The 2.5-metre sculpture cost $2000. It was attached to the outside of the Hope Gibbons Building last year.
But the council demanded Mr Jackson apply for consent, claiming it was a sign because it featured the bar's name and breached planning regulations.
He duly applied, but council officers declined consent in June, ruling that Einstein was a visual affront, damaging the architectural and heritage values of a protected heritage building.
Down but not out, Mr Jackson objected and the matter went to a hearing last month.
Facing off against a team of council officials, he said there were countless signs down Courtenay Place. But the council last week dismissed Mr Jackson's objection and upheld the decision to deny him consent. It said the sign was inappropriate and detracted from the building's visual amenity.
"It just seems ridiculous," Mr Jackson said yesterday.
He had no intention of removing the sign as it could affect his business.
Council planning group manager Jane Davis said Mr Jackson had 15 working days to lodge an appeal before the sign had to be removed.
If he refused, the council could issue an abatement notice before seeking a court order.

Silence in the Court: Vince Seimer appeals contempt ruling in the Supreme Court:

On 19 July 2012 Vincent Ross Seimer was granted leave to appeal the finding of contempt of Court regarding publication of the decision of Judge Helen Winkelmann that the Urewera accused were to be denied the right to trial by jury, on Mr Seimer's website, Kiwisfirst.com.  

The approved ground to appeal was whether New Zealand courts have inherent power or jurisdiction to suppress judgments in criminal cases.

In the Supreme Court yesterday (15 November 2012), Siemer v Solicitor General SC 37 2012 (CA  417/2011  [2012] NZCA139) discussed the question of whether judges in New Zealand have inherent powers to suppress criminal court judgements - powers not provided in statute or the common law, and whether it was just to imprison a person who did not breach a lawful order.

The hearing challenged a Court of Appeal ruling (CA607/2011 [2012] NZCA 188) which declared NZ judges have this inherent power.  As it is, Judges in New Zealand enjoy immunity from public scrutiny or fiduciary accountability, and the rule of the validity of legitimate public interest has long been enshrined in law and upheld for centuries as the foundation of justice - justice must be seen to be done.  The Supreme Court appeal was heard before Elias CJ, McGrath, William Young, Chambers, Glazebrook JJ, who have reserved their decision (this post will be updated after the decision is received).

Publisher Vince Siemer was convicted and sentenced to six weeks in Mt Eden prison for publishing the December 2010 judgement of Judge Winkelmann in R v Bailey (Emily Bailey, Urewera trials) which denied 18 New Zealand citizens their statutory right to trial by jury, despite the fact that the evidence against the accused was illegally obtained, like a lot of Crown evidence put forward in New Zealand Courts recently - it's a disturbing trend, and one not to be encouraged.  Judge Winkelmann then suppressed her decision so nobody would know that she had denied the defendants their right to a jury trial.

The judgment was ordered suppressed from the public, and no reasons were given for the suppression by issuing Judge Helen Winkelmann.  The reasons given for denying the jury trial were (1) a jury would find it difficult to sit through the trial which was expected to be long, and (2) a jury would likely use "improper reasoning processes".  And nobody is allowed to know about this, apparently.  It has already been established that the evidence was illegally obtained, as it was in a number of other cases, including the much publicised Hollywood style raids on Kim Dotcom and the Switched On Gardener franchise, among others.

This bears remarkable - and chilling - similarity to the recent contempt heaped on the Court by ex "Dr" Brenda Sally Rimkeit, who successfully perverted the course of justice, and acted as Judge AND jury, by corruptly claiming that Katherine Raue was unfit to stand trial or represent herself (or even plead) on charges of Perverting the Course of Justice on the basis that: "Ms Raue is unfit to stand trial. She currently has a mental impairment which is Delusional Disorder. Ms Raue has stated on a number of occasions during this assessment period that she feels capable of representing and defending herself against the current charges. She has suggested that her main line of defence is that the charges are the result of corrupt acts by certain parties and that she will name these parties in Court. My concern is that if she proceeds to represent herself at Court she may, through her delusional belief system, falsely accuse certain parties of wrongdoing."  I most certainly did intend accusing the NZ police of wrongdoing - as I am ENTITLED to do under the law!  And I would most certainly have proved that was the case too, the evidence is elsewhere on this site.

Section 138 if the Criminal Justice Act 1985 was repealed on 5 March 2012.  At the time of Mr Seimer's alleged offence, this section stated:

"138:  Power to clear court and forbid report of proceedings:
(1)Subject to the provisions of subsections (2) and (3) and of any other enactment, every sitting of any court dealing with any proceedings in respect of an offence shall be open to the public.
(2)Where a court is of the opinion that the interests of justice, or of public morality, or of the reputation of any victim of any alleged sexual offence or offence of extortion, or of the security or defence of New Zealand so require, it may make any 1 or more of the following orders:
(a)an order forbidding publication of any report or account of the whole or any part of—
(i)the evidence adduced; or
(ii)the submissions made:
(b)an order forbidding the publication of the name of any witness or witnesses, or any name or particulars likely to lead to the identification of the witness or witnesses:
(c)subject to subsection (3), an order excluding all or any persons other than the informant, any Police employee, the defendant, any counsel engaged in the proceedings, and any officer of the court from the whole or any part of the proceedings.
(3)The power conferred by paragraph (c) of subsection (2) shall not, except where the interests of security or defence so require, be exercised so as to exclude any accredited news media reporter.
(4)An order made under paragraph (a) or paragraph (b) of subsection (2)—
(a)may be made for a limited period or permanently; and
(b)if it is made for a limited period, may be renewed for a further period or periods by the court; and
(c)if it is made permanently, may be reviewed by the court at any time.
(5)The powers conferred by this section to make orders of any kind described in subsection (2) are in substitution for any such powers that a court may have had under any inherent jurisdiction or any rule of law; and no court shall have power to make any order of any such kind except in accordance with this section or any other enactment.
(6)Notwithstanding that an order is made under subsection (2)(c), the announcement of the verdict or decision of the court (including a decision to commit the defendant for trial or sentence) and the passing of sentence shall in every case take place in public; but, if the court is satisfied that exceptional circumstances so require, it may decline to state in public all or any of the facts, reasons, or other considerations that it has taken into account in reaching its decision or verdict or in determining the sentence passed by it on any defendant.
(7)Every person commits an offence and is liable on summary conviction to a fine not exceeding $1,000 who commits a breach of any order made under paragraph (a) or paragraph (b) of subsection (2) or evades or attempts to evade any such order.
(8)The breach of any order made under subsection (2)(c), or any evasion or attempted evasion of it, may be dealt with as contempt of court.
(9)Nothing in this section shall limit the powers of the court under sections 139 and 140 to prohibit the publication of any name.

It was questioned whether in fact section 138 even applied to judgements, and Ms Laracy, appearing for the Crown, accepted that the Court of Appeal would have probably overturned Judge Winkelmann's decision.  The difference between actual risk and hypothetical risk was discussed, as well as the questionable necessity of suppression given the existence of strict liability contempt.  The Criminal Procedure Act 2011 contains new provisions, the Criminal Justice Act and the Bail Act also contain relevant sections.  The question of whether the Court imposed the Order under inherent jurisdiction or under its powers under section 138 was discussed, and whether if Judge Winkelmann had no jurisdiction to make the Order there was no contempt.  The Solicitor General apparently decided that Judge Winkelmann didn't have the power to make the order, and struggled with seeing how fair trial rights were implicated by Judge Winkelmann's decision being in the public arena.  Powers must be exercised for a legitimate purpose.  It was put to the Court that the law requires the Judge to give a valid reason for suppression and not to exercise arbitrary excessive power.  The reason given was that Judge Winkelmann felt that the jury would not be able to come to grips with the complexities of the case apparently - and she obviously felt that the public of New Zealand were not sophisticated enough to hear about it either.  It stretches the bounds of credibility to suggest that the Judge was not influenced by political pressure that sought to keep the details of how the evidence against the accused was illegally obtained from public scrutiny - therefore jeopardising a fair trial.

Tony Ellis appeared for Mr Seimer, his summing up was brief.  He put it to the Court that there was no claim that the publication of the decision was a threat to justice and that the Order could not be justified as being in the interests of justice, that the Judge failed to give an adequate reason, that she exercised excessive arbitrary power, that it was against the fundamental rule of law that the Court be unaccountable, unappealable and the Judge above criticism while Vince Seimer goes to jail for reporting a trial that is in the public interest and in the interests of justice to be open and transparent.  He put it to the Court that there was no criminal or civil jurisdiction in fact, and that a person should be able to challenge an Order if it is unlawful.  He asserted that the Judge had no jurisdiction, either inherent or under section 138 (which applied at the time of the alleged offending), and that the law is "obscure, uncertain and unclear."

It's vitally important to democracy and fundamental to justice that Court hearings are open to public scrutiny and that Judges are transparent and accountable for their decisions.  We await the decision.

Child abuse: "It's a Maori problem" - Christine Rankin:

I made a formal complaint to TVNZ and the Broadcasting Standards Authority after Chrisine Rankin claimed on national television that "child abuse is a Maori problem and it's time Maori faced up to it.  The complaint was not upheld on the grounds that "not many people would have been offended by the comments".  This one's for you Christine, and all the other know it all's who claim to "represent abused kids" - while exploiting the system for their own profit, it's time people faced up to THIS:

From the Native School Teachers Log Books, this one from Karioi Native School, for the WAI262 report, 2000. All Log Books held at the National Archives:

After a large amount of forbearance I have to resort to the ‘stick’ in earnest. Fred Rameka and Richard Mau on being ‘stood out’ for talking, played and laughed and generally made a ‘good joke’ of it. I gave them each 2 sharp strokes…
B Hawkins, 18 February 1898

Te Pohi a new boy came to school. He was inclined to be impudent & one day I told him to go into the cupboard for doing what he had been told not to do. He was sulky & refused so obstinately that it was necessary to cane him. Since then on Nov 4th (1899) Paora was caned for disobedience.
Agnes Grant, c November 1899

On 5th April (1900) I was obliged to cane Taupiri again for deliberate disobedience
& sulkiness.

On Wednesday 4th July (1900) I caned Taupiri for sulking & she has since been very amiable. Agnes Grant.

On April 16th (1900) Riwaru a very small boy who had only been a short time at school refused to go into the cupboard when I told him to go. He had no idea of obedience in school & I thought the stick would be less lightly to frighten him than the cupboard & so gave it instead. Agnes Grant, c April 1900

On Feb 13th (1901) I caned Iwi for impudent & deliberate
disobedience…On Feb 22nd (1901) I was obliged to cane Iwi again for insubordination. She has been better since.
Agnes Grant, c February 1901

In the case of the little girl who is partly a negress I have to my regret been obliged to make an entire exception to my usual methods of management. I have tried with the this child special kindness, special rewards, speaking to her alone, laughing at her, putting her in the corner, giving her impositions, keeping her in till nearly dark, shutting her up alone, expelling her for a week & caning her, & the last seems to be the only thing which really appeals to her & makes her try to do better.
Agnes Grant, c December 1902

Both Matenga and Te Aonui preferred the cane to the strap & we decided that in future I should try if one hit was sufficient & only give more when it proved quite necessary. I explained to them that my reason for caning on the calf of the leg was that I had heard of the bones of the hand being injured by caning. Grant 1902

I had much trouble with carelessness in pen & ink writing & Arthur & Waru were punished for this offence: the result was a marked improvement in their written work.
Agnes Grant, c April 1904

I also had to give Ema the strap. Ema is the child with negro blood who has always been such a difficult child to manage. Agnes Grant, c July 1903

Punished Sam French (4 cuts in back) for scratching a desk with a piece of glass also 2 cuts his sister for doing same.
D Hamilton, 9 July 1895

Gave Hone 5 on each hand with strap, for his absence yesterday.
W Leach, 31 August 1903

Okoha 1900–1904 (BAAA 1003/2k) William Hemi received corporal punishment for using bad language, followed by disobedience & defiance leading to a ‘scene’.
Bertha Baigent, 24 October 1900

Punished Willie Walker & Edwin Hemi for want of application. Both these boys are bright & intelligent but have become somewhat lazy over their work & do not use their brains sufficiently.
Bertha Baigent, 14 March 1901

Gave Rowney, W Waha & M A Murray a hand each for running away from school in the afternoon to eat peaches.
Teacher, 19 March 1890

Gave Tutere a good cut across the back for rank disobedience.
Teacher, 11 November 1890

Marella Rider asserts she was caned but that is not correct. The cane came in contact with her because of her various movements.
Alexander Mackenzie, 23 November 1897

The Committee wish only English to be spoken in school and playground.
Alexander Mackenzie, 1 July 1899

Papawai 1898–1903 (BAAA 1003/4a)
Percy Tilson recd 4 strokes of the cane for idleness.
P H Clemance, 10 February 1898

Basil Burch for coming to school with extremely dirty hands received 2 strokes with the cane. P H Clemance, 5 June 1899

Have expelled Edward Noble for impertinence. I left the room for a minute & when I returned I found him calling out to the teacher Miss Porter and would not be quiet. I boxed his head & he was then impudent to me & when told to be quiet refused & I then said that I would punish him more. He said he would like to see me try. I expected if I hit him again he would hit me so I told him to leave the school. The expulsion is of course subject to Committee consent.
Alfred Walsh, 6 June 1901 (pencil note by Harry Kirk in log book with comment dangerous practise above reference to boxing pupil’s head)

Hine, Mango, Ane and Miriana for persistent telling, copying, and trifling, each received one stripe on shoulders.
A Wilson, 21 June 1900

Ane and Powhiri caned on shoulders for persistent trifling.
A Wilson, 7 August 1900

Powhiri, for persistent talking, caned on shoulders.
A Wilson, 13 August 1900

Te Oke I light stroke with the cane for persistent disobedience. She is only about 8 years old.
A Wilson, 27 August 1900

Had to cane Tiini Wetere for persistent telling.

Ane Wiremu kept in for persistent telling, refused to answer for the space of half an hour – one stripe on each hand. After an interval still refused to answer or to hold out hand – caned on shoulders. Then made answer.
A Wilson, 20 September 1900

Caned Ngaha, Hautana, Tumate and Whati also Honai during morning
school for persistent whispering. A Wilson, 25 October 1900

In afternoon Hine Tarawhiti, being offended because her little sister was not allowed to sit next to her, declined to work. After a considerable interval I spoke to her and she declined to answer, finally answered insolently. Caned her across shoulders and sent a note to her mother asking her to come over. Father is unfortunately away. After sobbing a lot she left her seat declaring she would take her sister away. I had to give her two more cuts before she
would return to her seat.
A Wilson, 21 May 1901

On Thursday Sept 15th (1900) I caned Paora Matenga for sulks. I had been
having a great deal of trouble with sulks, so I caned him in front of the school in hopes the others would take a warning. It made a great impression
& all the girls wept aloud in sympathy for him. I find sulks very difficult to
deal with.
Agnes Grant, c September 1900

I have read several this morning, hundreds of incidents of child abuse by Pakeha teachers at Native Maori Schools from 1880 - 1930.

Today Maori are blaimed everywhere for abusing their children, they have had wonderful role models in the Pakeha have they not?!! I am incensed at the cruelty these stories record, and in the handwriting of the teachers who have done this!!

Kelvyn Alp's call for Ombudsmen to reopen inquiry into South End School bullying, dishonesty and incompetence:

Kelvyn Alp was one of the many politicians courting my vote at the last election, and like all the others I asked him to come to Carterton and investigate the incompetence, refusal to investigate complaints, and corruption involving local police and so called community leaders, as well as IPCA, Ombudsmen, Privacy and Health and Disability Commissioners, etc.  Unlike the others, he took up our invitation, and he did come and look into it.

He looked at the evidence, looked at the South End School Gardens, saw our plants and equipment, and the evidence regarding the unjust termination of the employment of both myself and another staff member, serious breaches of our privacy, serious false allegations - deliberately and knowingly false, including malicious and vexatious litigation, and spoke with people concerned and viewed complaints to the school from other parents regarding the actions of the Board.

Mr Alp then reviewed the responses to our complaints, and relevant correspondence etc, and then wrote a formal complaint to the Ombudsmen himself regarding the obvious corruption, dishonesty and bullying regarding the governance of the school and the manner in which my complaints were covered up and the facts deliberately and dishonestly manipulated by the Board of Trustees, the (ex) Principal and Deputy Principal and others:

from: Kelvyn Alp kelvynalp@ournz.net.nz
to: complaint@ombudsmen.parliament.nz
cc: kateraue@gmail.com
date: 24 May 2012 12:59
subject: Formal Complaint
mailed-by: ournz.net.nz
Dear Sir/Ma’am

This is a formal complaint regarding the actions of the Board of Trustees of the South End School, Carterton.
1. The school sent Katherine Raue the attached letter, falsely alleging that she had recently been charged by police with an offence involving a child. 

2. The letter also says that "As a board we hope that either the charges are withdrawn or you are found not guilty as this would remove our problem.  We appreciate the work and enthusiasm that you bring to the school garden and hope that we can be in a position to resume this work in the near future." 

3. Evidence shows that Mrs Raue immediately informed the school that the allegation was untrue (and had in fact advised the Deputy Principal when the DP raised the matter with her verbally weeks before the letter was even written) and requested a meeting with the Board of Trustees.   

4.  The request was refused and the Board began to act in a hostile (and unlawful) manner toward Mrs Raue. 

5. Evidence shows that a Statutory Manager was appointed shortly after this to address other matters of governance, and that there was a subsequent incident involving a member of the public being wrongly given a confidential letter intended for another worker at the school regarding his complaint about the similar termination of his own employment, and there seems to have been a pattern of poor performance of the Board of Trustees and some staff. 

6. The letter should never have been sent, Mrs Raue informed the Deputy Principal (Dallas Powell) that the allegation regarding the charge was untrue prior to the letter even being written, after Ms Powell advised her that she had seen the notes and minutes of the meeting at which the police told the board they had charged her. 

7. The suggestion which was later made, that Mrs Raue told anyone such a thing is preposterous and defies logic, she did NOT say any such thing and the evidence strongly supports the fact that the police and the members of the board made up the story!  Letters from a number of lawyers indicate that this is part of a wider problem involving local police 'sharing information' inappropriately with various "community organisations", and dealing inappropriately and with prejudice regarding many serious complaints.   

8. I note that Mrs Raue was recently acquitted of all eight of the charges which she was clearly falsely accused of, and that this too is part of a pattern of malicious and vexatious litigation instigated against her by the local police, who are currently under inquiry for serious misfeasance which appears to be related to these matters.  I also note that Mrs Raue was acquitted of the charge regarding the unsupported allegations that Mrs Raue called staff "thieving crooks" after no evidence was given in support of the charge - again. 

9. I also note that evidence described by the Deputy Principal appears to have been destroyed by the Board of Trustees, including the notes of the meeting made by the staff representative, and that neither of those staff members have been required to make statements regarding who said what.  It is not credible that the Board would write a letter such as this, terminating employment of a valued contributor to the school, and the physical and mental health of the students, purporting to be caused by such a serious allegation, without recording the reason for the decision anywhere in the minutes etc. 

10. The remedy sought is that stated in the final paragraph of the letter sent to Mrs Raue, prompt reinstatement and access to the garden she established.   

11. This matter has gone on long enough, justice must be done without delay and I request that you uphold this complaint, and that the board honours its promise to reinstate Mrs Raue if the charges were withdrawn - there never were any charges and the letter is based wholly on a false allegation.
Yours faithfully,

Kelvyn Alp
Party Co-Leader

Mobile: +6427 286 8789
Skype: kelvynalp
Email: kelvynalp@ournz.net.nz
Website: www.ournz.org.nz

"Truth is more important than public belief, and any man who feels the need to adjust his knowledge so as to receive public approval is a man unworthy of trust."--Toltec motto

"They must find it difficult...those who have taken authority as the truth, rather than truth as the authority."---Gerald Massey

This has resulted in the Ombudsmen reopening the investigation into these complaints.  Let's hope they put truth before authority - there can be no justice, no authority, and no peace, without justice and truth.

The longer the problem is not dealt with, the worse it gets.  We have young people committing suicide at over twice the national average rate - in a country with some of the highest rates in the world an the issue of who is teaching them and what they're teaching and how is vitally important to the question of why we have such outrageously high suicide rates.  The original complaint regarding the actions of the South End School has now become much worse with the latest very serious false accusations from members of the Board of Trustees involving how I came to receive personal, private and confidential correspondence regarding the unjust termination of the employment of ANOTHER member of the staff of the South End School.  No wonder a Statutory Manager was appointed!  Unfortunately, it appears that the other staff member was sacked by the Board - or the Principal - and not the Statutory Manager, who was appointed to deal with matters of finance and governance.

This problem of having complaints deliberately and dishonestly fobbed off is tax payer funded criminal corruption - it is routine and widespread perversion of the course of natural justice and it is resulting in extremely dysfunctional communities.  Local police make up complaints about law abiding people and ignore, condone and cover up serious crimes committed by their mates and the mates of their colleagues and associates, as was the case for so many years regarding the complaints of Louise Nicholas, Arthur Allan Thomas, etc.

Victims of abuse in the Wairarapa are treated appallingly, they need all the help they can get and the school gardens are not only teaching kids to grow their OWN kai, cook it, preserve it and trade it, we're teaching them virtues like honesty, commitment, patience, discipline, organisation, kindness, courage, confidence, and many other virtues that will stand them in good stead throughout their lives.

The message being given to victims of bullying and abuse is "Talk to someone" - well we're that "someone" - Friends of Caring Kiwi Communities (The FOCKCers), building strong and healthy communities, encouraging families to get to know one another, support one another, and help build strong healthy communities together - putting the Unity back into our commUnities.  The gardens are sanctuaries in our schools and communities, run by caring, trained, professional facilitators who take appropriate action to assist victims to access the support they need.  We're immensely grateful for the support of Kelvyn Alp and the OURNZ party, who believe in REALLY caring for our kids, what they're being taught, and the environment they're learning in.  Walking the walk, and helping Kids Get Growing.

I spoke with the Statutory Manager, Ken Wilson, today and advised him that in accordance with the letter from the Board of Trustees and the fact that our plants and equipment are still on site, we will be resuming our work in the school garden immediately, and continuing that work over the holidays, and we expressly requested that Mr Wilson advise Mr Ray Craig and others on the Board of Trustees to refrain from physically bullying and threatening us when we do so as he did last time.  I also asked that an immediate apology be provided from Elaine Scully and Emily Brown regarding the latest false accusations regarding how I came to receive the highly confidential correspondence between the school and Mr R the groundsman, who was sacked in a similarly unjust manner and had his privacy breached in the same manner as I did.  I can verify the source of the information and I certainly did NOT steal it from Emily Brown's letterbox and nor would I ever do such a thing -  am deeply offended by these continued attacks on my character and reputation and request apologies from those concerned without further delay, they should have been provided months ago when I first provided the evidence of my statements.