Wednesday, December 23, 2015

Julian Batchelor's dodgy earthworks:

Julian Batchelor's been a busy man.  Below is a screenshot from Mr Batchelor's website.

Much of the material on Mr Batchelor's websites has been blatantly plagiarised from the local tangata whenua and their own existing land management plans, but Julian Batchelor likes to make out that all this is his idea, and he is leading the local tangata whenua who are his great friends.  This would not seem to be the case in actual fact.  In fact, emails between Mr Batchelor and Ngati Kuta kaumatua and hapu representatives expose a very ugly picture of Mr Batchelor indeed, nothing like the image Mr Batchelor likes to portray in his carefully stage managed public profile.

"Recently we wrote to the Department of Conservation and the Government asking them to seriously consider . . . " blah blah - this is directly copied from the hapu resource management plans and marae websites.  But Julian Batchelor hasn't consulted with hapu at all.  His communications with the tangata whenu seem to be that he met a couple of Maori chaps on the beach one day, asked them if they were locals, they told him they were, so he asked them if they'd like a job mowing his lawns etc.  Julian is now claiming that these chaps told him they were local kaumatua and authorised to speak for the hapu and make important decisions.  On the beach. Or while they were mowing the lawns perhaps . . .

Ngati Kuta and Patukeha would have expected Mr Batchelor to have written to the hapu long ago requesting a formal meeting to discuss his extravagant plans.  If he had done so a hui would have been convened at Te Rawhiti Marae, and notices issued to the whanau far and wide to allow full consultation, to facilitate this.  Mr Batchelor is a real estate agent.  He knows all about the importance of doing due diligence, and the implications of Te Tiriti o Waitangi, including the all important and much overlooked fourth clause of Te Tiriti regarding the sanctity of preserving the Maori spiritual beliefs and freedom of religion.

Julian Batchelor, as a real estate agent.  He is also very well aware of the importance of the laws and bylaws regarding proper consultation processes.  Everyone knows that every second Maori gentleman down the beach is likely to pull their leg and tell the tourists he's a local kaumatua, and his grandmother was a Maori princess, that's what the tauiwi want to hear.  A real estate agent - especially one who has received emails since 2009 - prior to him purchasing the property from the person who had no right to sell the land to him, advising him in no uncertain terms that the land is Ngati Kuta land, in fact our most precious and sacred land, and is under claims in the Waitangi Tribunal, and under protection from Heritage NZ - Julian Batchelor is taking the mickey to feign innocence in the knowledge of these matters!  Of COURSE he was aware of the legal requirements!

Having been stopped abruptly in his tracks by the Stop Work Notice and the Heritage New Zealand intervention, Mr Batchelor suddenly wants to "consult" with the locals.  'The locals' are not fooled - Mr Batchelor has been used to doing things on a very matey basis with the FNDC, fooling them into giving him vague "verbal consent" to desecrate our land and wreak destruction upon our land and Crown land and DoC land, on the basis of a cup of tea and a verbal chat.  Hapu are not so casual in their approach to this matter and have requested that Mr Batchelor and the Far North District Council provide all information regarding Mr Batchelor's developments, resource consent and building consent applications etc, forthwith and have advised them in no uncertain terms that there will be no 'consultation' until ALL of the information has been provided - Mr Batchelor was given until the 4th December 2015 to provide ALL information regarding the recent works to FNDC, then FNDC gave him until the 12th, then the 23rd - he's provided NONE of it!  But is trying to hurry hapu to meet with him, on the eve of the Christmas holidays, and make decisions in the absence of any information whatsoever - who does he think he is???




Julian Batchelor is a real estate agent and property developer from Auckland.  He is also the founder and 'leader' of a religious cult.
Julian and 'the team' at Evangelism Strategies International, ready to take on the world.

He has a plan to get rich renting out his "Oke Bay lodge" - the going rate for similar accommodation is $1200 per night plus extras.  He also plans to use Maori land and other land he doesn't own as part of his plans, which also include "evangelising" everyone who uses the Department of Conservation track to "Cape Brett", and has set up a slick website, including Department of Conservation "APPROVED" logos, intellectual property belonging to the local hapu (Maori tangata whenua, people of the land) which he has blatantly plagiarised without permission, etc.

Unfortunately, Mr Batchelor's plans don't live up to all the hype.

Here we have some evidence of Mr Batchelor's handiwork. 

We're waiting to see Mr Batchelor's resource consents - does this look straight to you?

This picture clearly shows the pohutukawa tree Mr Batchelor demolished to make way for his lawn.

You can see what a mickey mouse job this is just by looking at it!




Mr Batchelor then had some vague verbal chat with his mates at the Far North District Council, who issued "verbal consent for some work but not the work Mr Batchelor actually carried out" according to the Far North District Council.

Not worrying himself with trivialities and bothersome details such as resource consents and legal requirements, Julian and his trusty retired Christian engineer swung into action.  No end of heavy machinery was brought in and the knight in shining armour set about constructing a castle befitting his status as the very embodiment of god himself sent to save the world.  Unfortunately for the local residents whose lives depend on the road, which promptly collapsed into the sea under the weight of the heavy machinery and the erosion caused by Julian Batchelor's cowboy plumbing arrangements.

Julian parks his logs anywhere he likes.  This is the access to the local urupa (cemetery).  Locals are disgusted.

The actual size of the logs, and weight of them, can be seen in this picture.  Completely blocking the access to the urupa.




Te komiti are exploring a number of legal avenues and have a number of plans in place should Julian Batchelor attempt to continue to desecrate our land and evangelise our people.  We have our own spiritual leaders at Rawhiti and may of the local tangata whenua are deeply offended by Mr Julian Batchelor's arrogance and the utter contempt he has shown for the very laws that Ngapuhi signed a treaty to enforce against the tauiwi, let alone the utter contempt, and patronising condescension he has demonstrated toward the tangata whenua.

Mr Batchelor touts that "the locals are friendly" - and so we are.  The people of Te Rawhiti have been always renowned for their hospitality to visitors.  We are a kind, humble, gentle people, with a history of getting along with others, and working with others to mutual advantage, but the only advantage to be had from Julian Batchelor's plans is to Julian Batchelor. Mr Batchelor is blatantly exploiting the tangata whenua, and blatantly flouting the law with utter contempt for either the law or his neighbours.

Mr Batchelor also touts on his websites that his Oke Bay Lodge is well equipped to deal with "the overflow of visitors at the local marae".  He can't even deal with the overflow from his own teka kaka (filthy stinking raw sewage) let alone the visitors to our marae - if he'd bothered to take a glance at the websites of Ngati Kuta me Patukeha and Te Rawhiti marae he would have perhaps become aware that among the spiritual beliefs and practises of the people of the marae are included several other religions, such as Ratana.  He may perhaps have become aware that in fact the very first Ratana church in New Zealand is at the site of another Ngati Kuta Patukeha wahi tapu very close by.  Our kuia conduct Ratana church services regularly in the whare at our Marae, and Mr Batchelor's ignorant and arrogant lack of respect to their spiritual beliefs and freedom of religion, and freedom to visit their loved ones on the wahi tapu above the Marae, without Mr Batchelor's incessant harassment, his accosting them on the way to the urupa and our other lands, and his obsessive efforts to 'convert' them to his preferred form of religion.  He has no empathy or understanding of other people whatsoever, they don't matter to him, apart from where they fit in his plan, and he decided where we fitted long ago, the trouble is, he has never consulted with us, about any of it.  He is now claiming that he knew nothing about any problems.  That's blatantly untrue.

Tuesday, December 22, 2015

Paturoa Kauri ring-barked in shocking early morning attack:






In breaking news, another local property developer has shown a similar contempt for the law to that shown by Mr Julian Batchelor - killing a tree in West Auckland without conscience or right, with utter contempt for the tangata whenua OR the english laws:

23 December 2015
7.30am


The ancient Kauri in West-Auckland that has been the focus of a community campaign to save it was attacked at 6.15am this morning and viciously ring-barked risking the safety of Johno Smith occupying the tree.

As the arborist lay up in the canopy he was woken by the noise below. He saw eight people suspected to be security guards dressed in black arrive on the property. Three had electric chainsaws and proceeded to cut the tree while five were waiting in a van.

Shocked neighbours called out to the men who immediately stopped and departed the site but by then they had cut the full circumference.

“This is vengeful action by the developer who was facing being stopped by the High Court today” says Aprilanne Bonar, spokesperson for Save Our Kauri.

Neighbours are currently assisting Police who are on-site interviewing. Eye witnesses have given the registration of the van to the investigating officers as part of their enquiry.

Last Monday Save Our Kauri applied to the High Court for a Judicial Review and was in negotiations with the developers until late last night.  




Sunday, December 20, 2015

More trouble for Julian Batchelor - under investigation for possible damage to archaeological heritage sites:

Te komiti o te Kaitiaki o Opourua received information this afternoon that Heritage New Zealand are investigating possible damage to archaeological heritage sites on the land Julian Batchelor is occupying at Rawhiti.

On top of all his other problems, Batchelor now has to pay to have an archaeological report undertaken, and faces having the book thrown at him if he has damaged the ancestral wahi tapu.



Julian and 'the team'

Julian Batchelor spreads teka kaka on te wahi tapu o Opourua.

Te komiti o te Kaitiaki o Opourua are looking forward to viewing the information held by the FNDC and Julian Batchelor regarding the plumbing at his 'Oke Bay Lodge'.  Locals are less than impressed by Mr Batchelor's project management of the developments at Rawhiti in the breathtakingly beautiful Ipipiri (often referred to by visitors as the Bay of Islands).

The crucial criteria Julian Batchelor requires from the engineer apparently consists of the following:
  • Be a Christian
  • Be retired
  • Be prepared to work for no pay
 Julian sees himself not so much as a real estate agent, but more as a knight in shining armour, ready to save the world and evangelise every one of the (supposedly) heathen savages of the land and anyone else who ventures forth on the 'Cape Brett Track' and everyone in the near vicinity in fact, and nothing is beyond his superman capabilities, even plumbing and building retaining walls, let alone being God's spokesperson.  His God will provide and all will be well, Mr Batchelor knows what he's talking about; according to him.


Of course it helps to attract the simple minded and gullible if you tell them that the land is owned by a Christian Charity - a "trust". 

Instead of telling them the truth.  The land is Maori land.  It has always been Maori land, owned by Ngati Kuta.  It is one of our most sacred and precious wahi tapu.  The bones of our great grandparents lie on that land.  Mr Batchelor has demonstrated nothing but contempt for the tangata whenua, and nothing but contempt for the law.

Locals witnessed and recorded the ongoing saga of Julian Batchelor's handiwork.  In detail, unfortunately for Mr Batchelor. 

This is an easterly facing view of Mr Batchelor's deck - the road and sea are behind the photographer.

This is the same deck.  Beneath it can clearly be seen a pipe or hose underneath the deck.
If the image above is opened in any reasonable image viewing software and enlarged, the pipe or hose under the deck can be clearly seen.  It disappears into the fill behind the original retaining wall, right above where the wall collapsed.  And right above where the road collapsed too.  

This is the same area shown in this video:




Other pipes on the property were also leaking, including what several 'guests' and witnesses described as "raw sewage flowing down the driveway".



'Guests' staying at Julian Batchelor's lodge witnessed (and photographed) raw sewage flowing down the driveway of Julian's 'Oke Bay Lodge.  Julian charges $5000 for the pleasure of watching sewage flow down the driveway, over our land, our sacred wahi tapu.

Julian Batchelor may care to reflect on the fact that there may well be serious consequences resulting from his actions.

Friday, December 18, 2015

All hell breaks loose for ESI's Julian Batchelor:

Statement from one of the tangata whenua:
Rawhiti Bay of Islands

Possible violations of FNDC consents for a large scale luxury accommodations lodge for tourists in Rawhiti, Bay of Islands, by the Auckland based ESI CHURCH Group, has got local residents and community members revved up in a fury of anger.

The earth works began several weeks ago without appropriate consents which has resulted in an abatement notice being served last week.

 But, unfortunately not soon enough. Many native and legacy trees on the property have been destroyed.

“It breaks our heart to see, of all things, a CHURCH, bulldoze over native trees that made up the landscape of a prime and possibly one of the most beautiful locations in New Zealand, in order to make itself money, said John Willoughby Rewha Parkes of the Rawhiti Hapu Whenua alliance”.

Visually, the destruction is hard to the look at. The natural shape and flow of the land has been changed to make it look more like a supermarket car park.

It’s disturbing to look at, and also disturbing to think that a Church group is capable of such destruction.

We will be seeking redress of course, but at this point in time we are gathering all information concerning what approvals were or were not issued and for what work exactly.  We are also seeking all engineering reports and archaeological reports.
The property is registered as owned by a commercial entity of the ESI Church structure and is being project managed by Church founder Julian Bachelor.


Limited liability trusts - Mr Julian Batchelor's creative accounting:


On his websites Mr Julian Batchelor states that he plans to develop three blocks of land in the Bay of Islands, at Rawhiti.

On his websites Julian states that the land is owned by a trust.





 Mr Batchelor is a real estate agent, a property developer, and he is the director and shareholder in a number of limited liability companies, including Grace Alone Oke Bay Holdings Limited.  He certainly knows the difference between a trust and a limited liability company, and it appears that he may have recorded false details on his application to the Far North District Council or on his website claiming that the properties are owned by a trust.





Thursday, December 17, 2015

Retaining wall collapses, road falls into the sea and more trees cut down:

This is the situation on the property in September when the komiti began actively recording the damage and looking into the situation regarding Mr Julian Batchelor's resource consents.  The retaining wall collapsed, several kauri trees and other vegetation had been removed and this was just the beginning of what was to come.

The road also collapsed into the sea directly in front of Julian Batchelor's collapsed retaining wall at the same time.

During the next six weeks or so Mr Batchelor - a real estate agent who knows the rules but chooses to ignore them, went ahead with further major works without consent from the Far North District Council, without consulting hapu or iwi, and in breach of the bylaws.




Information requested from Julian Batchelor and Far North District Council:



Julian Batchelor
Representatives from the komiti Kaitiaki o Opourua have requested information from Far North District Council regarding all works on the site at 147 Rawhiti Road in the Bay of Islands.

Last week Te Komiti o te Kaitiaki o Opourua urgently requested that the Far North District Council issue Mr Julian Batchelor with a Stop Work Notice effective immediately pending inquiries into breaches of bylaws and the Treaty of Waitangi, regarding work done without consent on land he occupies at Rawhiti, and the serious adverse effects of the breaches of the bylaws and unconsented works on the surrounding environment, and on the tangata whenua, our wahi tapu, and our whanau, hapu and iwi.

The Notice was duly issued by the FNDC and served on Mr Julian Batchelor last week and the komiti are currently awaiting the information that they have requested from the Far North District Council according to the Official Information Act, LGOIMA and other legislation, prior to convening a hui to discuss further action.

Correspondence regarding these requests is copied below:  To be updated . . .

Email sent by te komiti o te Kaitiaki o Opourua to FNDC on 14 December - 
Tena korua Wayne Smith and Sam Van Ameringen, 
Mr Julian Batchelor was given until the 4/12/15 to provide the requested  information relating to RC2160177.  Additionally he was required to provide information by the 14 December 2015 relating to bylaw and building code breaches. 

Has any of this information been provided?  If so please provide copies of the information, and please provide all information previously requested, starting with the most recent information and working back, regarding the property Mr Batchelor occupies, and the road in the near vicinity, including the recent collapse of the road in front of 147 Rawhiti Road which we witnessed, all roading reports, photographs of the collapsed road, etc, the consents for the retaining walls, the original one and the replacement one, all other consents applied for whether approved or not, verbally or in writing, and all other information FNDC holds regarding the property at 147 Rawhiti Road. 

Hapu can not make informed decisions in the complete absence of any relevant information, and we need to be sure about what has happened and when, and exactly how this situation has come about.
Please provide all information relating to the bylaw and building code breaches without further delay, in particular the information Mr Batchelor was required to provide by 14 December 2015, and all other information requested as soon as possible.
Thank you for your prompt attention to this matter. 
Na Katherine Raue
KaitiakI o Opourua

Far North District Council have confirmed as at 16 December none of the information Mr Batchelor was required to provide has been provided.

This post will be updated and prior emails published as well as updates.

Saturday, December 12, 2015

Stop Work Notice issued effective immediately:

The Far North District Council has issued Julian Batchelor with a stop work notice (Abatement Notice ordering him to stop all work immediately).

The notice can be viewed at this link.


Application for Stop Work Notice.

Te komiti o nga Kaitiaki o Opourua me Hauai have requested that the Far North District Council issue Julian Batchelor with a Stop Work Notice and Abatement Notice and ensure that he ceases the works and developments he is carrying out on the property at 147 Rawhiti Road at Hauai because of serious damage to the surrounding environment and the effect of this damage on the local people, as well as breaches of Far North District Council bylaws.



Above is an image on Mr Julian Batchelor's slick website, this is one example of the scope of Mr Batchelor's plans for not only the land he occupies, which is under Treaty claim and should have been returned to iwi by the former occupier as Mr Batchelor is well aware, but his plans to control access to and exclusive use of everything in sight including the track to Rakaumangamanga which currently under Department of Conservation management.  Mr Julian Batchelor has also taken the liberty of renaming everything in sight too, including our maunga tapu Rakaumangamanga (which he and others refer to as "Cape Brett"), our moana, Opourua, which he (and others) have renamed "Oke Bay", among other taonga and cultural heritage.  Not only is this disrespectful in the extreme, it would seem to be illegal.  The recent earthworks certainly are.

Tuesday, December 8, 2015

More on Julian Batchelor's retaining wall:

This photo shows the damage to the trees and vegetation, Batchelor chopped down the historic pohutukawa tree and has erected a garish 'Christmas tree' instead.

The original retaining wall Mr Batchelor erected, which soon collapsed.  The shoddy standard of work is clearly apparent

The wall collapsed, taking the land with it.  At the same time, the road in front of the property collapsed, falling onto the beach.


Here is the link to Julian Batchelor's application for resource consent to "construct a retaining wall within the road and boundary set up." (sic)

Note Mr Batchelor only lists a Post Office box and writes "NA" - not applicable in the space where he is required to provide another address.



The Far North District Council gave "verbal consent" to Mr Batchelor, whereupon Mr Batchelor took the liberty of carrying out a considerable amount of vandalism and destruction, which was done without consent - the "verbal consent" applied to unspecified minor repairs, not the large scale earthworks which were actually carried out.

Here is the link to the letter the Council sent him requiring him to provide more information, specific information, by the 4th December 2015, according to section 92 of the Resource Management Act.  Mr Batchelor hasn't provided any of it, showing a further blatant disregard for due process or the law, and Council are now saying that that they are "trying to get hold of Mr Batchelor and speak with him but are unable to get hold of him."



Formal requests have been made to Council to issue a Stop Work Notice immediately pending further consultation with tangata whenua and local hapu and further investigation by Council and independent engineers into the damage done to the land and surrounding areas and the significant environmental and cultural effects.


Sunday, December 6, 2015

Formal application for stop work notice to be served on Julian Batchelor:

Te komiti o nga Kaitiaki o Opourua me Araaka me Hauai have requested that the Far North District Council issue Julian Batchelor with a Stop Work Notice and Abatement Notice and ensure that he ceases the works and developments he is carrying out on the property at 147 Rawhiti Road at Hauai because of serious damage to the surrounding environment and the effect of this damage on the local people, as well as breaches of Far North District Council bylaws.



Above is an image on Mr Julian Batchelor's slick website, this is one example of the scope of Mr Batchelor's plans for not only the land he occupies, which is under Treaty claim and should have been returned to iwi by the former occupier as Mr Batchelor is well aware, but his plans to control access to and exclusive use of everything in sight including the track to Rakaumangamanga which currently under Department of Conservation management.  Mr Julian Batchelor has also taken the liberty of renaming everything in sight too, including our maunga tapu Rakaumangamanga (which he and others refer to as "Cape Brett"), our moana, Opourua, which he (and others) have renamed "Oke Bay", among other taonga and cultural heritage.  Not only is this disrespectful in the extreme, it would seem to be illegal.  The recent earthworks certainly are.

REQUEST TO FNDC FOR INFORMATION REGARDING BATCHELOR'S UNCONSENTED WORKS:

Far North District Council
6 December 2015
Tena koutou katoa,
This is to confirm our request made verbally to Kyra earlier this afternoon for all information regarding resource consent application number 2160177-RMALUC for147 Rawhiti Rd by Julian Batchelor, and all information regarding all other applications for resource consent applications for this property and any of Mr Batchelor's other properties at Rawhiti. 
In particular, and with urgency, we request all information which Mr Batchelor was required to provide to the Far North District Council by 4th December 2015 regarding the application referred to above, and clarification as to whether or not Mr Batchelor actually had proper consent or not when he went ahead with recent major earthworks etc on the property.
Would you please confirm today whether or not Mr Batchelor provided all the information required by the due date, and provide it and the other information as soon as possible.

Thank you for your attention to this matter.

Katherine Raue
Te Komiti o te Kaitiaki o Opourua

Justice system - what justice system?

The decision of Brown J is still not on the Ministry's website despite the public interest in the decision.

That's hardly surprising considering what the decision actually says.

The decision is embedded below but can also be accessed at this link for easier viewing.

The New Zealand government is held in contempt overseas as well as on home ground for the manner in which they have manipulated the miners and their families, the money, the propaganda, and everything that's gone with it, toying with the baubles of office, telling tall stories, playing with so many lives.

This is a dangerous precedent and can not be allowed to go unchallenged.

Worksafe prosecuted Peter Whittall, not the Crown Prosecutor, 'Worksafe' - the former Department of Labour - the very people who should have been standing in the dock alongside Peter Whittall.  The real reason the charges were dropped, as we all know, is because it was clearly apparent that Whittall's evidence was going to incriminate the prosecutor - Worksafe.  

Para 31 looks at whether the prosecution decision was reviewable and talks about whether prosecutorial discretion was exercised or not - but crucially, not whether it was exercised PROPERLY, or fairly, or in an ethical manner.

This is why there is so much injustice and why the Ombudsmen and other agencies dealing with complaints are swamped with them, because the so called justice system is seriously dysfunctional and one of the main reasons for that is the difficulty in having prosecutorial decisions judicially reviewed.

The decision refers to precedents which established that prosecutorial decisions should only be subject to judicial review if they are in regard to abuse of process.  This case certainly seems to fit the bill in that department . . .

In paragraph 42 Brown J states "I do not consider that the impugned process is of such gravity that the high level of restraint should be relaxed and judicial review permitted."  Twenty nine men are dead.  What exactly does constitute "gravity" in his book I wonder?

The simple fact is this, if the Police or the Crown Prosecutors make the decision to prosecute they should get it right BEFORE they lay the charge, not after, and certainly not after making some dirty little back room Pontius Pilate deal like this one.  Otherwise, they should be subject to judicial review - especially after they lay a charge and then withdraw it or offer no evidence. 

Poor wee Joseph.  Look at him, full of hope for the future, all he wanted was a job, full of trust, we should be demanding accountability for Joseph and the other men - look at this young man - barely more than a child, and killed inside a mine that everyone knew was a time bomb!

And have a look at the ladder - the emergency exit - what a joke!  The shaft collapsed during construction, the whole mine was an utter death trap and a catastrophe just waiting to happen.





Related links are here.

Recommended reading - Rebecca Macfie's book - Tragedy at Pike River Mine

At this link is an unrelated example of a seriously flawed and blatantly and indisputably corrupt prosecutorial decision of similar magnitude, which also shows how even the threat of judicial review was enough to make the prosecutor think again, suddenly announce they intend offering no evidence and run for the hills.  In order for there to be justice and transparency in New Zealand prosecutorial decisions must be subject to  review.  This site's full of such examples - must make a new label - never enough hours in the day - this post will be updated, but is being published now due to public interest in the decision.

Sunday, October 4, 2015

Karakia me te waiata tino aroha nui

Te Komiti o te Kaitiaki o Opourua is committed to bringing healing, to bringing peace through truth and love, with the guidance of our tupuna, atua, kuia me kaumatua, me waiata.

Tuesday, September 15, 2015

Getting away with murder - Open letter from the family of Murray Christensen:

 Dear All - (from Murray's sisters - Lynette Stevens and Sandra Heke)

Lynette and I are seeking your help. We've turned to Social Media to get our message out there. I am genuinely worried about our situation and especially for Lynette, who co-incidentally? had her car windscreen broken this week outside her house when they were out on Christmas morning).

We are asking for your help in seeking justice for our brother, Murray who was killed at his workplace 11/11/11. If you could like and share this, it would help us to know as many kiwis as possible know of our situation and what we are trying to do. We all want to feel proud when we talk about 'home' and what it means to be a kiwi. One thing I think is clear about Kiwis is that we all hate 'injustices' and our desire to seek an end to any is strong. So this is why 'Murray's story' needs to be told. If all of us can fight corruption - there will be no corruption. We extra'ordinary' kiwis can only fight corruption and injustices with information so this is Murray's story:-

Murray went to work in Koheroa Road, Mercer, South Auckland on 11/11/11 but never returned home (to his then 9 year old daughter). He worked for the Balle Bros - (there's many of them and previous to working for them, worked for James Chapman). They all own many businesses and entities in South Auckland/Waikato, including Pukekohe, Mercer, Pukekawa etc etc etc). The 'Company' have so many entities, in fact, and their businesses are so complex, that 3 years after Murray's workplace death, the correct entity to be prosecuted for Murray's death has still not been identified, and Worksafe have told our family, it is very unlikely that will ever happen. But I'm digressing because that's another story (still, can you believe that in New Zealand in 2014 that there is such a gap which allows a company to avoid prosecution for a workplace death?).

Lynette has always 'felt' there was something 'very wrong'. You see, she went up to the site on the Monday, (he died on a Friday), after Murray died to get some CD's out of his car for the funeral. The farm managers wife was there and told Lynette she heard yelling and abusing from Murray at the time he died and a 'WHOA WHOA WHOA'. One of the 'bros', (who later in the court case, Police vs Karl Lobb said he was the spotter but wasn't looking at the time of the accident but said Murray must have slipped and fell and was run over by the bulldozer because he had "like a sixth sense, um yeah, a sixth sense"), but that day when Lynette and Roger and another witness went up to the farm, he told Lynette he wasn't there at all. Um? So which one was it? Were you ACTUALLY there or not JB?

It has taken our family a while to start asking questions. It's only now we have the strength to 'fight this'. Those of you who know us, know that Dad died six months after Murray, heartbroken, really. Dad was sick with emphysema but we truly believe his death was precipitated by the stress of Murray's death. Mum had to move from Palmerston North to Auckland to be near, Lynette, Ken and Murray's daughter, (who misses her beloved Daddy so much). Lynette has 'nursed' Roger through cancer and a subsequent heart attack. I've just finished my breast cancer treatment and prior to that was assaulted whilst doing my job as a bus driver. Yes, it's been an horrific period but I'm not being so transparent to seek sympathy - rather to explain its BECAUSE our family have endured so much, it has had the opposite effect - and that is - it has strengthened our resolve. It gives you perspective too. Family is everything and that's why I know you will all understand when I say, "if it was your brother/son/father, what would you do?"

We have in our possession TWO pathology reports by the ONE pathologist, Dr Jane Vuletic, - there are different causes of death on each report. The two reports are dated THREE months apart. Murray was cremated the day of his funeral - only 1 day after the Serious crash Unit Investigator had stated he had not slipped and run over as 'everyone else' including the pathologists' first report was trying to claim. We got hold of the court transcripts of the Police vs Karl Lobb court case and we learn that the Serious Crash Unit investigator told the Patholgist Murray was crushed, not that he had slipped and because the Pathologist then was most likely forced to change to the correct cause of death, she 'disappeared' and was not even available to give evidence by video link. (She disappeared to Newcastle, NSW and we have laid complaints to the relevant authorities to ensure she never practises in either country again). This comprised the prosecution so our family were forced to accept a 'restorative meeting' with *KL*, the bulldozer driver who crushed Murray between his digger and the bulldozer. (With regards to Dr Jane Vuletic, try googling - Kahui twins trial + Dr Jane Vuletic - this medical 'expert' was questioned by Dr Ferris - check what she DIDN'T do which compromised that prosecution).

In our endeavours to seek answers and justice for Murray, witnesses have started to talk. We know the 'brothers' were 'very unhappy when the Pathologist changed the cause of death - so then she is unavailable for the court case? hmmm. And the farm managers wife, KW, (who has just rung us today trying to recant on her statements to us? Why? Someone is *warning her off*?), why she was never even interviewed by the Police in the first instance! Why not Counties Manuaku? Or the neighbour who was a volunteer fireman and turned up with his truck and who Worksafe tell us they have no record of him being there? So what WAS he doing there? But hang on, we rang the Mercer fire station and they said they had a call but it was cancelled and they were told they weren't needed. So Mercer don't have any record of the Company's neighbour/their volunteer? being there either? So it must have been the ambulance called first, right? Well no - So who was first to the site? Oh, that was a daughter of one of the brothers, supposedly as the 'health and safety officer' of the 'Brothers' company. The daughter, (RC), who we now find out, rang the Dept of Labour at 2:45 pm and told them'she was on her way to the accident where there was a possible fatality" when the farm managers wife told Lynette that this same daughter was first on the site. The farm managers wife knew who arrived and in what order because she was there all day and asked another mother to pick up her children from school and keep them away from the site because there had been a bad accident. Maungatawhiri school finishes at 2:30!!! So, back to the Police - Counties Manukau - why weren't these witnesses questioned? Why weren't they called in the pathetically inadequate court case? We've given you their information and still not?

We've also given them some more information because in trying to seek answers about Murray, a connection, or two!, to the CREWE murders in Pukekawa came up. (For those of you, too young, ask someone older and they'll know - one of the most well know unsolved murders in New Zealand.) Check out the Police Crewe Homicide Review finished only this year - go to Page 124 - see the conflicting statements 10 years apart of one 'Karl Lobb'. (One and the same man who crushed Murray!). Turns out most of the 'brothers', Chapman, Lobb, Thomases' Crewes, Stuckey, all have 'quite some history together' in South Auckland and the Policeman from Counties Manukau who was 'supposedly' overseeing Murray's case, well he was 'involved' in the police Crewe Homicide Review as well! He couldn't find anything wrong with Murray's case??!!

And there was, supposedly, nothing new that came out of the Police Homicide Review either. (Just for your info - Note - Lawyer Peter Williams, QC, who represented Arthur Allan Thomas at the Royal Commission, said "the whole case just reeks and reeks of Police corruption" and is disappointed by the findings. Meanwhile, Mr Mike Bush, Police Commissioner says "the review findings add to his regrets about having spoken at the funeral of Mr Hutton - the Policeman who perverted the course of justice by planting evidence implicating Arthur Allan Thomas)", praising him as an officer whose integrity was BEYOND REPROACH.

Now, back to Murray's case.

There were apparently no notes taken by Police when they arrived at the accident?

The first Dept of Labour investigator who arrived at the site later that day on the 11/11/11, was replaced on the 14/11/11 by another. TMcG, wrote her report claiming Murray 'had been run over'. We now have information that the Pathogist agreed to this 'cause of death' without even seeing Murray? (Surely not?), and Murray was cremated the day of his funeral and BEFORE she changed the 'cause of death' THREE months later. We know this TMcG rang a Solicitor at some stage, (why? - Did she begin to realise the implications?) and was told by that Solicitor that there was a 'conflict of interest'? Hmmm, and so rang a Dept of Labour solicitor. She is no longer with MBIE (used to be DOL). She did not appear in the court case, Police vs Kark Lobb. Why not?

The Serious Crash unit weren't invited up there until FOUR days after Murray was killed and only a day before Murray's funeral and cremation.

That Serious Crash Unit Investigator, (who was the ONLY one who stated Murray was crushed and whom we believe acted with integrity by stating to the Pathogist "there was no way he was run over - can't see any tread marks on him"), had to take a year off after Murrays case and moved from Counties Manukau to Taupo! hmmm.

When we relayed information to the Police about the Crewes, (being the transparent kiwis the Hon Amy Adams, Justice Minister, talks about in her latest Media release), the Police Commissioner who had originally sent Murray's file to Hamilton, suddenly detected an 'admin problem', and the file HAS to be sent back to Counties Manukau who are the very people who 'mishandled' Murray's case in the beginning and since. And the Detective who was 'handling' Murrays case and couldn't find anything wrong with it, well, he NEED'S it back. (Hence we are now 'putting 'Murrays story' out there' - we need to know you all know - better to be safe than sorry).

We still don't know who or at what time, if any, an ambulance was called, as Murray lay dying at his workplace. (We've been told he was still alive after the 'crushing'). Do you know how that makes us feel knowing Murrays best interests were not the focus that day as he lay there dying at his workplace?

Murray's upper clothing which lay beside his body (and yes we have had to witness that too in court - can you imagine what that was like for mum?), has 'mysteriously' disappeared after making the police photo and before the court case. The 'brother' who we now know perjured himself in court, tried to sway the court that that clothing would show Murray slipped and that he was run over but oh, he didn't know where they were or who took them.

This company has in effect, paid their way out of being held accountable for a workplace death. Wonder who paid for the best lawyer for KL? (That lawyer was GF - who acted for one of the three DOT COM defendants). Wonder if this lawyer was paid by you, the Taxpayer, or was it the 'Company'? My mum can't get legal aid to find out what happened to her youngest when he died at his workplace - No - it seems Mum doesn't 'fit the criteria' even though she lives in a mobile home in a caravan park, (in amongst all the Company's many farms). Ironic isn't it?!!! but Mum felt the need to be close to her granddaughter who also lives in the area.

Oh and check out one Solvent action of 'Mercer Ferry Properties No 5 Ltd' - all the directors being 'the brothers' who employed Murray - this entity was struck off after Murray's death. (The police homicide review tied the Crewe murders to the Thomas'es 'Mercer Ferry Road farm'. The Thomas farm where police evidence against Thomas had been forged). Maybe the 'brothers' wanted to avoid the possibility of any connection with Lobb in both Murrays case and the very old unsolved Crewe murder case which the Police have only just finished 'reviewing'? But what they didn't reckon on was that there would be two persistent sisters who want our brother to rest in peace. Some of these farmers know 'more' but they reckon it's 'better to let sleeping dogs lie".

That'incident report' - written by the 'daughter' - was reviewed by 'Safewise' owner -the Dept of Labour didn't have any record of her being there that day but they did her husband? At what capacity was he there?

For our whanau - (Love you all so much)!The 'brothers'made special note of the fact they had had the local Kaumatua to bless the site where Murray died. But we've asked and now believe it didn't happen at all? Maybe some of you might know if this happened? Because this Heke family weren't invited, or Murray's mum? Or brother? Or his sister Lynette or Murray's little daughter maybe? And then, these 'brothers' go and name the road where Murray died, "Murray Christensen" road. Maybe they 'felt better' but can you imagine my mother and Lynette's shock when they drove past and they hadn't been notified. I mean how much is this family supposed to take?

Thank you for supporting us in seeking justice for Murray. It was never our intention to do anything but act with transparency and we have, in hindsight, naively thought we would be accorded the same treatment by all Authorities, the Company and MP's etc.  It hasn't been afforded us at all. In fact, our worse fears have been realised and then some, after witmesses have started to talk - there is a cover-up of monumental proportions and indisputable evidence of serious corruption involved in covering up Murray's murder.

There is another person who deserves answers too - Rochelle Crewe.

Please help us all in seeking transparency and justice for Murray. That is all we have ever wanted and that should never be too much to ask especially in a country like NZ where Transparency International voted them No 2 in the world, only behind Denmark, in the least 'perceived' corrupt and for transparency. Well Murrays case is as clear as mud and the murky depths are frightening.  The public are being conned by the media trumpeting about Transparency International and their focus on the PERCEPTION of corruption - the PERCEPTION of the world is carefully controlled by the media and those who fund them.

We had a meeting with Worksafe, they came from Wellington to Auckland, their CEO and their Chief Inspector. They admitted 'failings'. We have contacted all the relevant MP's, the Solicitor-General, Transparency International, the Attorney General and many more.

To finish - maybe the 'Company' felt better after their apology in a letter stating, "we are sorry Murray was hurt that day.

Hurt? Really?

Murray was not just hurt, he was KILLED.  By a man who had repeatedly threatened to kill him, which establishes a case to answer for a charge of premeditated murder.

My poor mum - Her son is killed, her husband dies heartbroken, she moves to another city, away from her family home, to support her granddaughter, the young girl who lost her beloved daddy.  Mum has had to witness a photo of her son lying dead at his workplace, after he went to work on his day off for a co-worker who had cancer, her son-in-law is diagnosed with cancer and has a subsequent heart attack, a daughter gets assaulted at work, and gets breast cancer, her other son has been suicidal after suffering the loss of his brother, (they were SO close)), her daughter gets her car window smashed in, she goes past a road (erected without her knowledge), named after her son at the site where he died and where she was not invited to the blessing - but hey, she got her apology said the Company. ("Sorry Murray was hurt that day") - what more do you want?" - Justice, actually - that's all we've ever wanted.

Tuesday, September 1, 2015

Henry Rongomau Bennett Centre - Lunatics running the asylum:

If the regional mental health facility, the Henry Rongomau Bennett Centre, wasn’t already a circus, it soon will be when ringmaster and Director of Mental Health, John Crawshaw send’s in the clowns for another token inspection to ascertain why this service is failing so miserably.

And what a dismal track record this outfit has.

In 2010 Christine Morris scaled the security fence and bludgeoned her neighbour, Diane White, to death. Coroner Peter Ryan recommended that the DHB erect a higher fence, Clinical Director of the Henry Bennett Centre, Rees Tapsell refused.

In 2013, it was reported that psychiatrist Paul Fox, who had been de-registered in the USA for sexual misconduct, and was the former clinician for the Sandy Hook Elementary School mass murderer Adam Lanza was employed by the DHB. Fox was de-registered in NZ by the Medical Council in February 2014.

In March 2015 Nicky Stevens, known to be suicidal, was allowed to leave the wards for an unsupervised cigarette break, despite the families’ pleas to keep him safe. Nicky’s body was recovered from the Waikato River three days later.

The following month two patients with a history of violence scaled the security fence and fled the city.

More recently it was discovered that a man gained employment with Waikato Mental Health Services posing as a psychiatrist. Mohamed Shakeel Siddiqui has been arrested and charged with obtaining a pecuniary advantage by deception.

It certainly is quite a pitiful rap sheet for a service designed to care for and protect a very vulnerable group within the community.

Should we really be surprised though? Are the lunatics in fact running the asylum? It seems so;
In addition to the dubious hiring practices highlighted by the examples above, one member of staff who understands forensic Mental Health treatment first hand is Peer Support Worker Trudi Tapsell, yes sister of Clinical Director Rees Tapsell.

She was once a special patient herself, detained under the Mental Health Act. Ms Tapsell, as a 26 year old, was found not guilty by reason of insanity of the brutal murder of her grandmother, whose decapitated body was found wrapped in plastic bags in a freezer, her head was found in a rubbish bag nearby. Ms Tapsell, with the help of her brother, has now moved on from being the patient to being the clinician, working with a very vulnerable group of people.

Clearly her current employers know her background (given it is a family affair), but considering she carries no conviction for the murder of her grandmother, because Not Guilty By Reason of Insanity is an acquittal of sorts, is it not appropriate that in the interests of transparency and trust, the patients she works with, and their families, know her background?

One would think so, although unfortunately this is not the case.



Saturday, May 30, 2015

Peter Pakau fallout continues, Police reputation in tatters:



When crooked cop Peter Pakau overheard a colleague talking about a black, 2006 Chrysler 300c that had been reported stolen and had turned up at an auto electrician's shop in West Auckland, he hatched a plan that is still causing his former bosses legal nightmares.

Police files that trace the whole sordid saga make for comical reading.

The Chrysler was originally owned by Oscar Chand, a drug runner who was described in court as the "mastermind" of a bungled attempt to smuggle $40,000 of pure methamphetamine from Auckland to New Plymouth in 2012.  He used his daughters, one of whom gave birth the same day she was arrested at gunpoint, as mules.

The Chrysler, said to be worth $30,000, was registered in the name of Chand's then-girlfriend, Danielle Cooke, who was using it.

In June 2012, Cooke reported the car had been stolen, and was being driven around by a Head Hunter gangster, the police files show.

Some time over the next three months, the Chrysler was recovered, but police weren't notified.

In September, it turned up at an auto electrician's for repair. The electrician checked and found it was reported stolen, and called police.

Pakau overheard the constable who took the call discussing the vehicle. According to the reports, he located the file and arranged for a criminal associate, Melissa Brown, to collect the Chrysler. They would sell it, and split the profit.

Pakau called the electrician, the files say, telling him he was a police officer, the car was now owned by Brown and he could release it to her.

Brown paid the $1100 repair bill, and took the car.

In March the following year, she sold it for $19,500.

Later that day, the buyer sold it to a car dealer for $20,500. The dealer later sold it to a private buyer in the South Island for $29,000 and it has since been sold again, to a Nelson woman.

In March 2013, Chand advised police what Pakau and Brown had done - but at that point the car wasn't re-recorded as stolen.

By this stage, police had begun surveillance on Pakau and 10 associates. Last November he was jailed for eight years for corruption, supplying methamphetamine, accepting bribes and stealing the car. Brown went down for five years, six months.

The saga might have ended there - but Cooke came forward and said: "I want my car back."

At first, police indicated that was the fair outcome. Although the original owners had a "dubious criminal history", wrote a detective senior sergeant in an email, "assuming they originally had legitimate title to the vehicle and it was stolen from them, then they still have title."

He recommended police get a warrant and seize the Chrysler. The current owner could seek recourse through the LMVD and the dealer could take civil action against the first purchaser.

A detective sergeant said she didn't know how Chand came into possession of the car, "although it is likely that it is a result of some sort of standover or drug deal".

The police legal section was asked for advice. A solicitor wrote that although it appeared Chand and Cooke had title, recovering the vehicle could cause "difficulties" for police because they hadn't "alerted the world" that the car was stolen when they became aware Pakau had taken it.

"Therefore anyone who purchased the vehicle may name police as a party to civil proceedings."

He was even worried that Pakau and Brown might take civil action, citing "officially induced error", when someone relies upon a direction or authority of a government official (that is, Pakau) which turns out to be unlawful.

It was decided to visit Chand in Rolleston prison, where he was serving time for his drug dealing, and see if he would be prepared to accept "reparation" instead of the Chrysler.

It might go down as the first time in history that a criminal turned down the offer of money from the police.

The constable who arrived in the Kowhai unit in August last year got a frosty reception.

He recorded the conversation in a memo.

Chand: "I don't want anything to do with that car. The cops up there ... are laughing about this. They're the reason the situation is like it is."

Constable: "But ... would you be happy with reparation?"

Chand: "I told you I don't want anything to do with that car. I don't need the aggravation. I don't want anything to do with the Henderson cops, they're gangsters, the lot of them."

Constable: "Well, one of them might've been but that doesn't mean they all are."

Chand: "Yes they are, the whole gang, they're corrupt. I'm having nothing to do with them. Now if you can get out of my way, I want to go back to my cell."

Since then, police have backtracked and are now refusing to take action unless Cooke can prove she is the owner. The Independent Police Conduct Authority has declined to intervene.

In an interview, police Inspector Edward Carr said police now had a signed statement from the man who paid for the car (Chand), "and despite having been registered to several different associates for short periods, he is considered to be the true owner".

 That man had advised he did not wish to make any claim on the vehicle. Carr indicated Cooke had only had the car in her name for 22 days.

"Police have invited the woman to substantiate her claim of ownership by providing proof of this. To date, this has not occurred."

Cooke, who's no longer with Chand, says she had possession of the Chrysler and was the registered owner when it was stolen, but she doesn't have a sales and purchase agreement or a receipt.

She believes it raises serious questions about police procedure relating to stolen vehicles and intends to begin legal proceedings against police next month.

Wairarapa Police have been operating a similar racket for years involving motor vehicles, and assisting corrupt local SPCA officials to steal horses in a similar racket.  They are currently refusing to investigate claims made by the owner of a Hillman Minx by simply refusing to interview the witnesses to the sale of the vehicle - because the seller was none other than corrupt EX Constable Gallagher's wife's brother - a recidivist offender who Police protect because not only is he related to Gallagher but Constable Peter Cunningham has been having it off with the seller's mother for years, as well as shacking up with his own son's wife's mother in recent years in continuation of the long standing incestuous manner in which the Wairarapa operates.  This website has been publishing those allegations for years and all Gallagher and Cunningham have done is instigate a number of unsuccessful criminal prosecutions - they don't dare challenge the veracity of the claims though, because the evidence is indisputable.

Tuesday, May 26, 2015

Mining for justice - justice for sale - the price of a life and who paid it:

Pete Cahill, Sonya Rockhouse, Anna Osborne, Kath Monk, Helen Kelly, Bernie Monk
Peter Cranney, Nigel Hampton QC, and Simon Meikle, outside the High Court today.

Anna Osborne and Sonya Rockhouse filed an application for judicial review in the High Court against the District Court and 'Worksafe NZ' regarding the decision to drop twelve charges against mine manager Peter Whittall in consideration of a payment that equated to around $110,000 for each of the families of the miners killed - paid by the former company's insurers, the company, Pike River Coal Ltd having been sold with the dead men still inside it and gutted of its assets by the greedy, overpaid directors and executives of state owned Solid Energy, who profited at the expense of the grieving families. 

Worksafe were formerly known as the Department of Labour, MoBIE (or the Moby Dicks as they were colloquially refered to), they were ultimately responsible for ensuring that safety systems were in place and in force at the mine, they knew that was not the case and turned a blind eye until the explosions killed twenty nine men.  The application calls for a High Court judicial review of the District Court decision to drop the twelve charges against mine manager Peter Whittall.

This follows the ruling of Dobson J in February regarding the disclosure of documents regarding the decision to drop the charges against Whittall in exchange for a payment of money from the insurers of the Pike River mine.

The decision of Dobson J can be viewed AT THIS LINK.

Crucial to these matters of course is the Court file, and of grave concern to many New Zealanders is the "disgraceful" revelation that parts of the Court file have now 'conveniently' GONE MISSING.

The submissions at the High Court over the past two days have focused on the matter of prosecutorial decisions, how they are regulated (such regulation seems rather vague, limited and ineffective), how these decisions are arrived at, and most importantly, the scope to review them in the Courts, which is extremely limited.  Despite this, Anna Osborne, Sonya Rockhouse, Kath and Bernie Monk and others are refusing to take the gross injustices heaped upon the families and friends of the twenty nine Pike River miners who died on or about 19 November 2010 when the unsafe mine exploded, killing them, and leaving the two survivors, one of whom is one of Mrs Rockhouse's son Daniel, who finally received recognition for his courage and integrity in saving the life of the only other survivor.  Another son, Daniel's brother Ben, was killed in the explosions.

The review of the decision to drop the prosecutions against Whittall focused on the distinction between the question of "evidential sufficiency" or lack thereof as a reason to decide whether to initiate, proceed with or discontinue a prosecution, and then there was the matter of the "voluntary payment".  The families were not even consulted about the decisions.

Lawyer Simon Meikle pointed out the terms of the Illegal Contracts Act at one point (section 3 defines illegal contracts and sections 6 and 7 go into further detail), and a number of legal arguments were skillfully put to the Court by Nigel Hampton QC who led the legal team for the Applicants.  Questions were raised around the terms and intent of the Summary Proceedings and Criminal Proceedings Rules and Acts, matters of intricate jurisprudence, and the Court interacted in a positive and enquiring manner with Mr Hampton as he traversed the various arguments.

There are remarkably few precedent cases regarding the matter of prosecutorial decision making and the review of such decisions, and it was a privilege to listen to Mr Hampton and the Court exploring the legal parameters in such depth and detail.

Anna Osborne, whose husband Milton was killed in the 2010 explosions at the Pike River mine, and Sonya Rockhouse, whose son Ben was killed, have asked for a judicial review into the Crown's decision to drop 12 health and safety charges against the former chief executive of Pike River Peter Whittall.  They are supported by a number of members of the public, member of parliament Damian O'Connor, Helen Kelly and the CTU, and others.

Outside court today, Ms Osborne, told Lisa Davies of ONE News it was "ridiculous" that Mr Whittall had been cleared, adding that the "justice system is a joke" and that the families of the victims "don't want to be screwed over."

Nigel Hampton, the lawyer for the Pike River families, described the decision as "chequebook justice" and told the judicial review that it "struck at the heart of the New Zealand Justice system, setting a dangerous precedent that justice can be bought".

Mr Hampton told Justice Brendan Brown the circumstances should never have happened and that "it was an abuse of public interest and an abuse of the criminal justice system and its processes".

He told the court it was an unlawful and exceptional decision that led to the 12 charges being dropped on December 2013, despite the fact sufficient evidence existed - which is the Key fact of the matter.

He says "that was the quid pro quo really. Money was paid and the charges were dismissed".

"Is it justice for the rich?" he asked.

"That's what I suggest this comes to and that I suggest is a disastrous message to allow to be sent to the public, that justice in this country can be bought. It has never been thus."

He says the families "would rather see Peter Whittall made to answer".

Ms Rockhouse and Mrs Osborne have travelled to Wellington so they can attend the hearing in person, fought for 18 months for the case to be heard.

"Sonya and I couldn't let it go, because we just haven't had justice... to finally get our day in court is huge," says Mrs Osborne.

Worksafe lawyer Joanna Holden argued that the decision to drop the charges was lawful and reasonable, and not the result of an abuse of process.  Her submissions sounded less than convincing, at least one lawyer present describing her submission as "ridiculous".

"The suggestion that Worksafe...that they failed to take into account the impact of the disaster is utterly and completely rejected" said Ms Holden, grasping at straws.

The families of the 29 men killed in the disaster were shocked and angry when the 12 charges were dropped against Mr Whittall in December 2013.  A legal review by MoBIE - the entity that was formed when the Department of Labour was restructured in attempts to remove the Ministry (or "Department") from culpibility and association with the deaths of the twenty nine men - decided that the "likelihood of gaining a conviction was low".

That decision was clearly tainted by the involvement of the Department of Labour - MoBIE dicks, Worksafe, whatever you want to call them, they are one and the same, and their guilt was evidenced when the Minister, Kate Wilkinson resigned and the CEO did the same, in the wake of the Commission of Inquiry into the killing of the twenty nine men and the operation of the mine when all involved knew perfectly well that it was a disaster just waiting to happen.  The decision is further tainted with the odious stench of corruption by the decision of Dobson J in ruling that the communication between Clown Prosecutor Brent Stanaway and others involved in the corrupt decision is protected from scrutiny, and the unbelievable excuse that parts of the Court file are suddenly and conveniently "missing".


The same day the charges were dropped, an un-named insurance company - who was the company - who are the shareholders of the insurance company and what conflicts of interest existed? - representing Whittall and the Directors of Pike River Coal Ltd offered a voluntary reparation payment of $110,000 to the families of each of the 29 victims and the two survivors. At the time the families labelled the pay out as "blood money".   You'd have to wonder if it's an insurance company like AMI or AMP - who sponsor the grandstanding of 'journalists' like Paul Henry and Mike Hosking, in order to manipulate public opinion - the matter of "public interest" was discussed in Court - who measures public interest?  How?  NZ is PERCEIVED as being relatively free of corruption - the Key word is PERCEIVED - the media control how politicians are perceived and most New Zealanders are extremely naive!

Is that the cost of a human life in New Zealand in this day and age is it???  $110,000???


It is a damning indictment on our legal system when two women are forced to go to these lengths to get justice for the killing of a husband and a son and the loved sons, husbands, brothers, fathers, of twenty six other families, after a deal done behind their backs - which they were not even consulted about, let alone asked if they agreed with it, a deal cunningly set up by taxpayer funded lawyers in an act which was a corrupt abuse of Court process and utterly abhorrent to any right thinking person.

Direct link to the previous decision of Dobson J:
https://drive.google.com/file/d/0B-Evc9gAoXg9UGVBLUJwMXRaRG8/view

We await the reserved decision, this post will be updated when that is received and a link to it will be included.