Contempt of Court and abuse of process - Te Wakaminenga v Ministry of Health, perverting the course of justice:

 

Tena koutou.

On behalf of Mr Mihaka, Mr Puru and myself we insist that a warrant for the arrest of the defendant is issued WITHOUT FURTHER DELAY, and that the breach of bail is formally recorded on her criminal history. 

The cheek of her lawyer trying to blame US for her non appearance and the vague, nebulous, unsubstantiated allegations of "harassment" is a slap in the face to Te Wakaminenga o nga Tino Rangatira, and it makes an absolute mockery of tikanga Mauri!

The statements made by Judge Black that we "can't file any more charging documents" and that if we do he will "strike them out and hold us in contempt of Court for abuse of process" are also a slap in the face to Te Wakaminenga and make a mockery of tikanga, Te Whakaputanga o Tino Rangatiratanga, Te Tiriti o Waitangi, as well as the District Court rules and the Judicature Act, etc! 

THE DEFENDANT is in contempt of Court, not us, the defendant is abusing the Court process, not us, and we will be making a complaint to the Judicial Conduct Commisioner regarding the actions of the Judge, the statements he made at that fixture and the threats to us regarding contempt of Court - particularly when he couldn't even be bothered issuing a warrant for her arrest - and the conduct of Court generally regarding these matters! 

The defendant doesn't even bother to turn up for the hearing - wasting an entire Courtroom, and a Judge's time for an entire day and the said Judge has got the utter audacity to threaten US with contempt of Court?  What a JOKE!  - How much does a District Court get paid for a full days hearing?   No wonder we have a backlog in the Courts!

Matua Mihaka is on an oxygen machine, and Matua Puru has a pacemaker and they are both in their 80s!  We were wrongly summoned to the Court at nine o'clock which was ANOTHER error caused by Court staff!  This cost us further expense for parking, as well as inconveniencing both of these kaumatua of Waitangi Marae and causing unnecessary risk to their health!  The defendant needs to be arrested and held in custody until she reimburses us for our parking just for a start!

This matter directly impacts on the governance of Waitangi marae and well demonstrates how the Crown enables liars and thieves and employs them and pays them to steal our information and falsely claim mandates for four iwi when the fact is they are dangerously delusional - like the defendant who was appointed by the Crown to investigate and resolve the matters and instead deviously rang us up at midnight and lied to us repeatedly for the purpose of persuading us to withdrawing our original complaints!  The Ministry has continued to fund and enable this corruption and the travesty we witnessed last week was a mockery of justice!  The witnesses didn't bother turning up either!  But the taxpayer funded Crown Law Office lawyers were there to stick up for their interests!  What a JOKE!

Te Tiriti o Waitangi promised us equal rights - this case really highlights what a lie that turned out to be!  A Mauri can be charged by Police with impunity despite lack of any evidence REPEATEDLY while that same Mauri is faced with this REPEATED prejudice from start to finish -

1. Police refuse to prosecute despite the ruling of Judge Hastings confirming evidential sufficiency and public interest, despite Police having charged me six times for the same offence despite a complete lack of evidence or public interest, in politically motivated action designed to influence the outcome of the local body election - evidence in regard to that is indisputable;
2. The public interest of this matter is indisputable because it involves the fraudulent misuse of the information of over sixty kuia kaumatua of Te Tii Marae at Waitangi to falsely claim mandates for four iwi in letters to the Prime Minister and other government Ministers, and the action was brought by one of the listed owners representatives of the marae on behalf of Te Wakaminenga o nga Tino Rangatira;
   
3. Said Mauris have to pay hundreds of dollars in Court filing fees, prepare charging dcuments, summary of facts, witness summons, etc, etc, etc, entirely unassisted because Community Law Centres do not deal with private prosecutions, and spend a fortune of traveling backwards and forwards to Court, paying for parking etc, because the defendant continues to treat the Court and us with utter contempt by deliberately lying - she knows perfectly well she is a liar and so does the Ministry, wh continues to employ these liars, and take advice from them, and provide them with legal assistance and representation.  There is indisputably one rule for Mauri like us and another one for house n-----s like Tui Taurua and Waiatamai Tamehana and Bernard Te Paa - who we also intend summonsing to give evidence!  The Ministry knows perfectly well that we made well founded and well justified legitimate complaints which have been corruptly ignored - the only response from the Ministry to our complaints was the offending phone calls and text that form the grounds for these prosecutions!
   
4. The fact that the offender continues to deny the offending, continues to deliberately LIE about it, and show such utter contempt for the kaumatua and kuia of Waitangi Marae - the victims of this offending -  who are forced to come down to Wellington in the pouring rain repeatedly despite being in their eighties and recently discharged from hospital after pneumonia, all because the offender continues to continue to DELIBERATELY LIE about her offending - and it is the Ministry of Health funding these offenders - is absolutely obscene!
5. Te Wakaminenga o nga Tino Rangatira WILL be filing charging documents against Tamehana for perverting the course of justice on the grounds made out in the content of her sneaky dishonest little phone calls and text messages and we WILL be joining the Ministry, and we WILL be having the actions of Judge Black reviewed! 
   

Katherine Raue

pp Te Ringa Mangu Mihaka me Wiremu Puru

Te Wakaminenga o Nga Tino Rangatira

Whangarei Boys High School apparently in breach of their inadequate policies:

The death of a student while on an outdoor education trip under the administration and duty of care of Whangarei Boys High School in May 2023 is indicative of the state of the nation, and an indictment of the system of governance that currently exists in this nation, and the standard of education providers.

The caves where the boy died, and several more boys very nearly died by all accounts, is on Whangarei District Council land.  There were clear warning signs referencing weather conditions, those very weather conditions had been forecast and the decision to enter the caves, considering the extreme weather conditions which were forecast well in advance.

Two months prior to this the school was visited by 'Worksafe'in regard to another "serious accident" at the school. 

Worksafe is the alias of the former Department of Labour - under their watch twenty nine men died in the Pike River mine not long ago, hence the reason for the name change, needed to rebrand to alter public perception.

"Accident" is an interesting word.  The "serious accident" was given less priority than the high truancy rates at the school, which indicate a lack of engagement with the community and an environment that is not attractive to students.

The Principal, Karen Gilbert-Smith, features in a radio interview voicing her views on student's footwear, and a perusal of the school policies shows a strict framework in regard to certain things but a void in the health and safety and outdoor education policies.

The Principal also voiced her views regarding the decile funding system, and possibly demonstrated a lack of comprehension of the issue.

Minutes of the March BoT meeting:

 

The school appears to be currently in breach of their policy regarding the Principal's performance management.

 

 

Karen Gilbert-Smith, Principal, Whangarei Boys High School, far left

 

                                                         Photo - Michael Cunningham, NZ Herald

Not hard to see why there's a truancy problem.  Boys don't want to go there, and it is becoming apparent why. 

Te Wakaminenga o nga Tino Rangatira will be attending the next Board meeting and taking a very active interest in the investigation into the school, the communication between school staff and Principal prior to the trip, and all information regarding risk assessment and planning for this trip.

There is widespread public outrage, fueled by the arrogant and insensitive statement issued by the Principal.

 

Te Whatu Ora, CCDHB demonstrate their ignorance of, and contempt for, tikanga Mauri.

The Governor General, Andrew Little and local property developers Mark Dunajtschik and Dorothy Spotswood feature prominently on the latest propaganda from the Capital and Coast District Health Board alias Te Whatu Ora, advertising the new children's hospital:

Wellington hospital spent a small fortune printing posters advertising the new children's hospital.

Unfortunately they didn't bother checking how to spell "tamariki" - te reo Mauri for "children".

Another advertisement for the "duck hospital" - rakiraki = duck

The plaque, placed in front of, instead of behind, the kohatu pounamu - greenstone rock - and the hideous monstrosity described on the plinth as a "Korowai - traditional cloak".  A cheap, nasty, filthy piece of fake fur that negatively affects the wairua of the entire hospital and all its patients and staff!

Phil Hurinui of DHB's "Whanau Care Services" proudly unveils the hideous monstrosity.

We requested a bacteria count be undertaken to ascertain the level of bacteria on this bit of fake fur.

Traditional koru designs used as a background decoration to pakeha signage.

 

 

The "traditional karakia" that staff read out when dealing with "maori" patients, which actually says "may the moa be like greenstone" because whoever printed and laminated it inadvertently cut the last couple of letters off the word "moana" and nobody noticed, or cared.  Again.

  

 

 

 

 

 

 

Health and Disability Commission - hires delusional liar:

 We complained to the Health and Disability Commissioner regarding the fraud involving the so called "mental health peer support network" known as "Nga Hau E Wha", a non entity that had no legal basis whatsoever - not a trust, not an incorporated society, not a legal entity in any form.  Despite that, and despite a well documented history of fraud and unprofessional behaviour, they continue to receive thousands of dollars in funding and government support. 

At the time they rejected our complaint, unbeknown to us, the ringleader of Nga Hau E Wha, Victoria Roberts, was employed at HDC.

 Five years after complaining about Victoria Roberts - and we weren't alone - 

In November 2022 Victoria Roberts was finally replaced - with none other than the very subject of our original complaints, delusional liar, fraudster, and member of Nga Hau E Wha, Tui Taurua.

 

Tui received the following letter from the Ministry of Health because she falsely embellished her CV, a move that has so far secured her numerous gigs working for Crown agencies.

Tui is not a Maori leader as she claims to be.  She is a devious, manipulative, egotistical liar.  The kind the Crown and its agents love to enable, fund, hire and support.

 

Mathew Tukaki's complaint to the Press Council not upheld

 

MATTHEW TUKAKI AGAINST NEWSROOM

Case Number: 3302

Council Meeting: August 2022

Decision: Not Upheld

Publication: NewsRoom

Principle: Accuracy, Fairness and Balance
Comment and Fact
Headlines and Captions
Subterfuge
Conflicts of Interest

Ruling Categories: Behaviour of Journalists
Misrepresentation
Te Reo and reporting on Te Ao Maori
Politics

Overview

1. On 17 May 2022 Newsroom published an article titled Questions over transfer of $1million public funding. The article investigates the transfer of a funding contract from the New Zealand Māori Council (Māori Council) to the National Māori Authority and whether Mr Matthew Tukaki had the authority to facilitate that transfer. Mr Tukaki complains that several Media Council principles have been breached, specifically Principle (1) Accuracy, Fairness and Balance; Principle (4) Comment and Fact; Principle (10) Conflicts of Interest; Principle (6) Headlines and Captions and Principle (9) Subterfuge.

The Article

2. The story reports that in March 2021, the Executive Director of the New Zealand Māori Council, Mr Tukaki, and Ms Diane Tuari, signed a service contract to the value of $965,000 with the Ministry of Business, Immigration and Employment (MBIE). In September 2021, he and Ms Tuari authorised the Ministry of Social Development (MSD), acting on behalf of MBIE, to transfer that contract from the Māori Council to the National Māori Authority. Mr Tukaki is chairman of the National Māori Authority.
3. The article quotes from a letter from Mr Peter Fraser, National Secretary of the Māori Council which says, “This agreement was authorised on behalf of NZ Māori Council by Mr Tukaki on 13 March, and Ms Diane Tuari on 3 March 2021, without the knowledge, consent or authority of the NZ Māori Council to enter the agreement.” In reference to the transfer of the contract Mr Fraser is further quoted in the article, saying “By September 2021, Mr Tukaki held no position within the NZ Māori Council whatsoever. He had no authority to novate (transfer) an NZ Māori Council contract.”
4. Mr Tukaki responded that the executive was aware of the contract, having been informed by him through detailed correspondence and updates. The story says evidence in support of this provided by Mr Tukaki to Newsroom refers to a work scheme but does not mention a contract. Ms Tuari’s response was that “Jean Nankivell was the lead on the (initial) contract …. with the support of the Māori District Council” and her concerns about the legitimacy of the Māori Council post the elections suggested the contract be transferred and that in signing the contract Mr Tukaki was acting on her wishes. Ms Nankivell has since died.
5. When MSD were asked by Newsroom why it had recognised Mr Tukaki’s authority to act on behalf of the Māori Council it claimed that they were satisfied with the diligence that had been carried out regarding this contract, that they had received no complaints about the contract or Mr Tukaki’s authority to sign on behalf of the Māori Council, “therefore no inquiries have been made”.
6. Māori Council elections were held in May 2021. With his loss at those elections all of Mr Tukaki’s roles with the Council lapsed, the story said. Before new appointments could be made Mr Tukaki, with Raewyn Harrison, took civil litigation alleging there were irregularities in the elections, attempting to stop the national meeting of the Māori Council proceeding to validate the election results and make appointments. The High Court rejected the claims by Mr Tukaki and Ms Harrison. The Māori Council then went on to validate the election results and make new appointments.   
7. The article reports on a letter that Mr Tukaki sent to the Minister of Māori Development, alleging irregularities in the Māori Council voting process, saying that there were more than 50 names attached to the letter but some on the list were unaware their names had been included. It also states that the Māori Council made a formal complaint to the police in September 2021 about unauthorised payments made from Māori Council accounts after the 2021 elections.
8. The story concludes with a statement about Mr Tukaki’s appointment in September 2021 to chairman of the Ministerial Advisory Board at Oranga Tamariki. It states how much he was paid and that he was replaced in April 2022 by Sir Mark Solomon.

The Complaint

9. Mr Tukaki complains both about the publication and the journalist. 
10. He claims that the article was full of inaccuracies or facts that “should have been reported and contained in my statement” to the journalist, implying there were inaccuracies by omission. One fault that Mr Tukaki highlights is the description of the National Māori Authority as being new when it has been established for eight years. He also says that the article fails to include that the 2021 Māori Council elections are still in dispute and there is an ongoing inquiry. 
11. In his complaint Mr Tukaki asserts that he is still an elected officer of the Māori Council and that this has been omitted from the story.
12. Mr Tukaki complains that he found the journalist rude and arrogant, demanding answers to questions immediately. He suggests that the journalist has a personal interest stemming from an earlier shared experience at a Waitangi Tribunal Hearing. Mr Tukaki also says the article is unsafe and that editorial oversight should have picked up on this.
13. Mr Tukaki complains that the story is unbalanced because it reports on information furnished by the Māori Council, who he is in dispute with, without offering a counter-story or facts. He also says that the comments on his role with Oranga Tamariki and how much he was paid were immaterial to the article.

The Response

14. The Newsroom co-editor responded immediately on receipt of the complaint saying that the journalist had communicated with Tukaki in written form then in a detailed phone interview. In their response, Newsroom said “that the journalist had found Mr Tukaki belligerent and unwilling to discuss issues without access to information from our sources.” Mr Tukaki was repeatedly asked why he had signed the document on behalf of the Māori Council when he was no longer authorised to do so but did not answer this question. 
15. The editor received an email from Mr Tukaki claiming that the Māori Council elections were still unofficial and that an inquiry was underway. Newsroom does not believe this and finds it difficult to respond to Mr Tukaki’s further claims while he continues to take that line. Newsroom did give Mr Tukaki the opportunity to respond to claims from the Māori Council and that they had made a police complaint. All of his relevant responses were published in the story. 
16. On the principle relating to comment and fact, Newsroom stands by the facts as reported. One error, introduced in sub-editing, did wrongly identify the Māori Authority as a new organisation. When pointed out by Mr Tukaki this was corrected immediately in the copy. Newsroom disputes that Mr Tukaki is still an elected officer of the Māori Council, supplying a press statement by the Māori Council clearly stating that he is not.
17. Newsroom denies any conflict of interest on the journalist’s behalf, stating that an earlier interaction with the journalist that Mr Tukaki references in his complaint is separate, unrelated, and not in any way connected to the interview or this news story. 
18. Newsroom is unclear what issue there is in the complaint about the headline and assert no subterfuge of any kind was involved in the gathering or reporting of this story.

The Discussion

19. The complaint made to the Media Council was largely focused on omission of fact in the article and a suggestion that the journalist had a personal interest or bias in his approach, both leading to an imbalanced report. The acknowledged error in the original article, stating that the National Māori Authority was a new organisation when it is not, was corrected immediately by Newsroom.
20. Considering this complaint has been more challenging because of the differing views on Mr Tukaki’s position with the Māori Council. Throughout his communications on this matter Mr Tukaki maintains that the 2021 Māori Council elections are still unconfirmed, that there is a review of the elections underway and therefore he still holds his representative and executive director roles with the Māori Council. It is in this belief that he contends that the article is inaccurate in questioning his authority to sign the transfer of the funding contract from the Māori Council to the National Māori Authority in September 2021.
21. The alternative view as presented in the article is that the 2021 election results stand. Mr Tukaki was removed from both roles with the Māori Council following his loss in the 2021 election. The validity of the elections has been confirmed through a sighted ruling of the High Court which rejected the appeal  made by Mr Tukaki and Ms Harrison to stop the upcoming meeting of the Māori Council on the basis of irregularities in the election. Mr Tukaki’s removal from his roles has been confirmed in correspondence and a press release from the Māori Council. This underpins the objective of the article to question Mr Tukaki’s authorisation to sign any contracts for the transfer of funds from the Māori Council. There is no evidence of a review of the elections, though Newsroom states that Te Puni Kokiri is working with the Māori Council to generally review their election processes for the purpose of improvement. The Media Council has been unable to confirm this.
22. The Newsroom has reported that a complaint has been made to the Police about unauthorised signing of financial documents at the Māori Council after September 2021. Mr Tukaki disputes this and says that no complaints have been made. The Newsroom are adamant that they have seen official confirmation from senior levels of the police that the NZ Māori Council complaint was lodged.
23. It appears that the article is informed by valid sources, including the High Court decision and the NZ Māori Council. That Mr Tukaki is in dispute with the Māori Council does not silence them on the issues. Mr Tukaki has been given the opportunity throughout the preparation of this article to put his position forward and to respond to any new information or claims. When relevant his responses were included in the article. The Media Council can find no grounds to uphold the complaint on the basis of Principle (1) Accuracy, Fairness and Balance or Principle (4) Comment or Fact.
24. There is no evidence to support the complaint under Principle (10) Conflicts of Interest. The investigative nature of the article presents a timeline of events and facts which are balanced by responses from Mr Tukaki. There is no substantiation to the link made by Mr Tukaki to the journalist’s appearance at the Waitangi Tribunal Hearing and the approach he has taken in writing this article. This seems to be an unfair attack on the journalist.
25. Mr Tukaki did not elaborate on his concerns under Principle (6) Headlines and Captions or Principle (9) Subterfuge. It seems that the main point of his complaint was adequately captured under Principle (1) Accuracy, Fairness and Balance therefore the complaints under Principles (6) and (9) are not upheld. 
26. Mr Tukaki’s appointment to the Oranga Tamariki Ministerial Advisory Board, his payment for that and his replacement by Sir Mark Solomon are discussed in the last paragraph of the article. While Mr Tukaki complains that this is immaterial the Media Council sees this as giving the reader more information about the controversies Mr Tukaki has been involved with.

Decision: The complaint is not upheld.

Jacinda Ardern, Immigration Minister, Alex Swny and a convicted murderer and drug dealer

 

 

 

Convicted drug dealer Karel Sroubek has launched a legal challenge after losing his last appeal against deportation.

The former kickboxer has been battling against being sent back to the Czech Republic since 2018.

In December, an appeals tribunal gave him until next month to leave the country, but he has since filed an application for judicial review in the High Court at Auckland.

It has been more than 20 years since Sroubek used an alias and forged passport of fellow kickboxer Jan Antolik to enter New Zealand.

He was jailed over importing drugs but granted residence by then Minister of Immigration Iain Lees-Galloway before a public outcry led to deportation proceedings.

Sroubek was granted residence in 2008 - a year before Czech police made contact about his outstanding 54-month jail sentence for assaulting two police officers and a taxi driver, and a warrant for his arrest for assault in a murder case.

He is now a gym trainer, teaching classes in kickboxing, hot boxing and yoga, and developing an app for personal trainers.

The immigration and protection tribunal ruled against him in two appeals last year.

It noted he had spent most of his adult life in New Zealand but said his "long history of deception and criminal behaviour" meant his deportation was in the public interest.

Timeline of Sroubek

• June and October 1999: Attacks against police officers and taxi driver, for which he was convicted and sentenced to 54 months prison
• 7 September 2003: Murder of Vladimir Domacka
• 16 September 2003 and 29 November 2003: Arrives visa free on Jan Antolik passport; granted three-month visitor's permit at border, travels in and out as visitor
• 15 April 2005: Applies for work permit and visa under the Work to Residence, Talent - Sports Category
• 5 November 2007: Residence application under Residence from Work, Talent - Sports Category, under Antolik identity
• 6 June 2008: Residence approved
• October 2009: Czech police contact NZ police to advise that Sroubek was living in NZ under the Antolik identity. Interpol notice advises he is wanted in Czech Republic as he had a connection to the murder of Domacka in 2003. (Czech authorities in 2018 have confirmed he is not charged with murder)
• 16 November 2009: Arrested for offences against the Immigration Act 1987
• 4 November 2011: Jury finds him guilty of immigration offences
• February 2012: Discharge without conviction on immigration charges after completing 200 hours community service
• April 2012: Immigration NZ (INZ) advised of pending charges
• 2012: Relationship begins with a New Zealand citizen
• May 2013: Case placed on hold awaiting outcome of pending charges
• 17 September 2014: Separate drug offending committed (importation of ecstasy)
• 20 September 2014: Arrested on second lot of drugs charges (importation of ecstasy). Earlier drugs charges did not result in conviction
• 3 June 2016: Sentenced for importing ecstasy offending
• 11 December 2017: Court of Appeal dismisses Sroubek's appeal

October 2017, the High Court approves settlement of asset seizure derived directly or indirectly from the proceeds of criminal activity. Sroubek paid $190,000 plus interest.

• 29 March 2018: INZ writes to Sroubek through his lawyer seeking to comment on deportation liability
• 19 September 2018: Decision made by minister to grant new resident visa with conditions imposed
• 28 November 2018: Immigration Minister Iain Lees-Galloway announced Sroubek is liable for deportation when he is released from prison.
• September 2020: Sroubek released on parole
• July 2021: Appeal at Immigration and Protection Tribunal adjourned after he changed lawyer, then by Covid-19 lockdown
• April 2022: First appeal at the IPT
• December 2022: Decision on second appeal; IPT rules he should be deported by March

Communications between the former Prime Minister Jacinda Ardern, convicted white collar thief Alex Swny, the Immigration Minister and other players are at this link - https://drive.google.com/file/d/1OIfdsyOt77X-9l5wd1WLdn5B2OuC-FAu/view 

 

Te Enga Harris speaks about the generational abuse the state inflicted on her whanau:

 

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 The story of the killing of Nicholas Ward Harris is at this link.

The story of the killing of George Tipene Harris is here.