The Human Rights Commission Level 10, Tower Centre, 45 Queen Street, 09 309 0874 Wednesday, July 13,

2011 To all it may concern, I am writing to you to request your investigation of my complaint against parties that could best be described as employees of the New Zealand Crown in prejudice to my human rights for my lawful, political and ethical opinions. The initial event is over a year ago but the human right abuses have continued to this very day. In this sense my family and I are very much at threat of because of the human rights abuses from the New Zealand Crown. On the 24th November 2009 my home was invaded by two NZ Police officers and two Top Energy electricians who came with the intent to remove electricity from my family in a time when we really needed it. They came without notice, valid reason or court order. NZ Police employees David Reynolds and Hayden Nicol (who gave a false ID) refused to leave when trespassed. They sited an incorrect reason for being there and then used undue and excessive force to interfere with filming of the event and arbitrarily arrest me. This is the video evidencing the events of Nov 24 2009: http://youtu.be/rHYMT6Qh0DU This visit represented the physical enforcement of an unofficial blacklist of electricityi. My family had been refused electricity supply across retailers and a wholesaler for a false allegation. Our landlord then instated the account in her name but it seems that the intention was to prejudice my family from getting electricity. There has been no trial as to the facts or merit of such allegations. There is also video evidenceii and an admission disproving these allegationsiii. As electricity is recognised as essential and its removal has resulted in at least one known deathiv before I feel that blacklists and undue removal of essentials is a breach of human rights. Indeed it contravenes one of the very reasons why essential services were publicly owned being social responsibility. Question 1: What is the Human Rights Commissions position on the use of blacklists of essential services in New Zealand? 1a/ Can privatised essential services be denied to New Zealand citizens without due process of law? After the event, I was denied bail, denied legal advice, drugged against my will and an attempt was made to deny me a trial through bad faith use of psychiatry. I sought the professional opinion of New Zealand s leading psychiatrist Dr Justin Barry-Walsh who confirmed that such events were in bad faith. See attached "Response Barry-Walsh". I've also written an e-book which provides links to evidence the events as they relate to his opinion which can be downloaded here: http://getthepowerback.palparty.org/?page_id=39 Question 2/ What is the Human Rights Commissioners position on the forced treatment of tangata whenua and their loss of liberty through bad faith dealings of psychiatrists?

I know that the Health and Disabilities Commissioner has the duty to investigate bad faith dealings of doctors. Knowing this I followed the prescribed act to lay a complaint. The Health and Disabilities Commission still flat out refused to investigate without lawful reason. Question 3/ If the Commission responsible for protecting an area of human rights refuses to investigate, i.e. uphold their duty, is this a breach of human rights in itself? Question 4/ Where else can we turn if the royal commissions refuse to protect human rights as is their legislated duty? After lawfully overcoming the vexatious psychiatric / mental health treatment attempt I was then forced to endure over a year long legal battle of the Crown against me. There is no lawful precedent for the NZ Police to enter a home and arbitrarily arrest someone as they did. Indeed the right of habeus corpus is a still part of the imperial legislation of New Zealand being the Magna Carta. Question 5/ What is the Human Rights Commissions official position on whether employees of New Zealand Police arbitrarily arresting someone on private property when they are not in compliance with their lawful duty? During my year long defense I evidenced fluidly changing charges, undue process of law, 16 breaches to the Bill of Rights and malfeasance (doctored documents by a court registrar) as you can see in this video. http://www.youtube.com/watch?v=pT1_e0LMayo I made a complaint to the Independent Police Conduct Authority, another legislation Crown agency, who similarly refused to investigate citing that they cannot investigate independent of Crown prosecutions. All of this led me to the question whether New Zealand legislation related to me as tangata whenua. Such was not affording me any of the stated protections nor was the Crown, its agencies and employees adhering to the legal acts and statutes. Put in this desperate situation and being informed by a NZ Police officer that the NZ courts are a sham as you can see here http://www.youtube.com/watch?v=MWQioFmWmoU I was compelled to question the Crowns legitimacy in the land. This is the record of the February 21 2011 hearing in Kaikohe District Court. http://www.youtube.com/watch?v=3ySqrIYiS1Y In all honesty I would rather have had confidence that the justice system of New Zealand would value truth and lawfulness to liberate me from the zealous and baseless prosecution. Motions to dismiss were put before the courts many times, in the proper form with irrefutable evidence of miscarriages of justice. Instead I experienced and evidenced that I was not going to be given a fair trial and due process of law by any means necessary. The recent denial of a jury trial to the Urewera Terror victims is a telling sign that justice in New Zealand has been thwarted by those presently in positions of power. Perhaps these crimes of treason against all people of our nation will one day be heard. To be reasonable, I also sent notices to the Crown prosecutor, Police Commissioner and Crown court giving them opportunity to confirm that a case was still open. Their lack of response confirmed that the case and all related matters were dismissed. See the hyperlinked notices dated 16 Marchv and 30 March 2011vi. This has resulted in my sincere belief that all charges relating to November 24, 2009 were dismissed.

The Treaty of Waitangi 1840 has already been judged a nullityvii and is openly being admitted as such by members of the NZ Police. Te Tiriti o Waitangi 1840 however is an addendum to He Whakaputanga 1835 and is lawfully valid for tangata whenua. This belief is compatible with common law which has jurisdiction in New Zealand. In addition the 1834 flag that was recognised by King William IVth has its own jurisdiction within admiralty law. More information on this here: http://www.tewakamokopuna.net/ It is this believe and my knowledge of the New Zealand Crown being a company listed on the Reuters stock exchangeviii that seems to be attracting prejudice, violence and mal intent from Crown employees. In the interests of peace and restoration I initiated private prosecutionsix against some of those that I believe had wronged my family. The perpetrators who are supposedly subject to New Zealand legislation. My understanding is that the principle of natural justice is a foundation to the New Zealand justice system. Natural justice ensures that every case should be heard. I am also reminded of the words of the chief justice of New Zealand "A judge cannot evade deciding a case just because it is controversial. Nor can the Judge decline to exercise a jurisdiction conferred by Parliament or the Constitution and properly invoked by a litigant. The courts are themselves subject to the rule of law. They cannot usurp powers lawfully exercised by other agencies, including Parliament. They operate at the boundaries, making sure that power is exercised only according to law. We all work to convince by reason if we are to retain the confidence of the communities we serve. Judicial Legitimacy and Human Rights The Rt. Hon. Dame Sian Elias Chief Justice of New Zealand 2002 Despite all of this, former police prosecutor now Crown Judge McDonald blocked all of my private prosecutions. Question 6/ Does the Human rights commission consider that the refusal to respect natural justice is a breach of human rights in New Zealand? Since dismissing the case my family has left New Zealand as we have lost faith in the mechanisms of New Zealand governance to protect our human rights and fear for our safety. In the interests of the citizens and tangata whenua being affected by the state of New Zealand I have renewed my efforts to uphold the principles that have been breached in this case.

Included in this was a reentry of a complaint to the IPCA. I received a letter in response on the 10th July 2011 restating that they will not investigate and citing that there is some erroneous charge relating to the event scheduled to be heard on the 20th July 2011. This is in contravention to the Police Commissioner, Crown Prosecutors and Kaikohe courts concession from our previous correspondence. It appears that influential people in New Zealand are intent on framing me without a lawful basis and in my absence despite all of the injustices we have suffered. I respectfully ask for you to liaise with the other Crown agencies to remedy this gross mistreatment of my human rights in the interests of justice and morality. In addition, an answer to the questions above, which are in the public domain and are official information requests, will be appreciated. With regards,

By: Simon-Eru of the whanau Kaiwai Contactable via email: simon@kiwicando.com

This was confirmed by Gregor Ostwald who worked in collusion with Top Energy as an unregistered electrician. http://www.youtube.com/watch?v=DiSYGRzaSUA iii http://www.youtube.com/watch?v=dTl8Ce0YH2A iv http://www.foxnews.com/story/0,2933,276315,00.html v http://getthepowerback.palparty.org/wp-content/uploads/2011/06/16-March-2011-Case-dismissed.pdf vi http://getthepowerback.palparty.org/wp-content/uploads/2011/06/30-Mar-2011-Notice-of-dismissal-claimedthrough-acquiessance.pdf
ii

vii

Wi Parata v the Bishop of Wellington (1877) http://en.wikipedia.org/wiki/Wi_Parata_v_the_Bishop_of_Wellington

http://www.landingaotearoa.info/blog/620877-who-is-the-crown-and-what-does-john-key-have-to-do-with-it/ http://getthepowerback.palparty.org/wp-content/uploads/2011/07/28-may-private-prosecutions.pdf

viii ix