Professional Documents
Culture Documents
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{The following original appeal (1/9/2016) is inserted unchanged at this place (except
for additional chronology point [0.8] and the inclusion of S.27(2) BORA (right to
appeal) in law question [2]) as the appeal’s narrative of the facts with Questions of
Law and Argumentation (per R.20(2))}
-----------------------------------Original Appeal----------------------------------------
Questions of law 3
Definition of Fascism 10
[1] Should precedence case law under the Privacy Act be started by
defining/interpreting Principles of “Natural Justice” per SS.6,27(1)
Bill of Rights Act 1990 BORA and S.105(1,2(a)) Human Rights Act
1993 HRA according to article 2.1. of the Universal Democracy
Constitution, in order to reduce the monarch’s courts’ totalitarian at-
will discriminatory discretion:
[3] Does S.27(1) BORA (Natural Justice) allow the Human Rights
Review Tribunal HRRT to invalidate SS. 82(1(a)),83(a) and thus the
purpose of the Privacy Act?
[4] Does S.27(1) BORA with S.105(1,2(a)) Human Rights Act 1993
(Natural-Justice Principles, see Appendix H) allow the HRRT to
remove the appellant’s privacy rights and punish him for the unlawful
failures of the corrupt Privacy Commissioner (PC) ? (self-answering…)
[8] (to question of law [2]) Similar to the Bill of Rights and the Human
Rights Act, the Privacy Act’s main purpose is to prevent fascistic totalitarian
dictatorship regimes like the Nazi regime and (hereditary) fascistic
dictatorships incl. the British/NZ monarchy, as such generally cause severe
damage to individuals and the wider world population! As the upholding of
such regimes needs the population’s personal data to eliminate critics and
opponents directly or by making their lives unbearable (incl. framing with
wrongful prosecution and imprisonment), the Privacy Act aims to limit such
unrestricted info sharing by these regimes’ officials and activists; Otherwise
its purpose would be unlawfully reduced to window-dressing propaganda.
Health data are probably the most private data, as they can show severe
physical and mental vulnerabilities and habits of individuals that could be
exploited and used for reputation- or direct clandestine assassinations,
including euthanasia that was practiced by the Nazis (and may well be
practiced by the monarchy’s fascists in form of eg. repeated accumulative
administration of the strongest poison 1080 (a Fluor connection) under the
cover of widespread pest control… According to a quote of SIS govt spy
agents in a NZ Herald’s internet publication, the SIS is operating a
“Wrecking Crew”, probably to damage targets’ lives if they cannot be
silenced by lawful means!).
Furthermore, such unrestricted centralized info sharing severely affects the
necessary trust between health professionals and patients, and a consequent
avoidance of the patient to give essential info to these professionals
increases the risk to their lives, which is also an outcome desired by these
regimes…
Therefore the Privacy-Act, and its appeal provisions, need to be interpreted
in favour of enabling the restriction of unnecessary, general and/or
unchecked access and sharing of personal private info by a regime’s officials.
This interpretation frame is to be preferred over any other interpretation
according to S.6 BORA, also against a strike-out!
This precedential interpretation is very relevant, because NZ’s fascistic govt
has announced the Privacy-Act-invalidating removal of all barriers of data
sharing between govt institutions by creating a data-sharing “highway”
(“except” health data due to this precedential case that it prevents to be
heard…). Appendix Y (Statement of Claim) shows the gravity of breaches!
[9.2] Quote 4) shows that BORA’s democratic values are relevant, not
royal-judicial might-is-right.
[9.3] Quote 5) shows that S.6 BORA (interpretation direction) applies also
to BORA itself, “as a duty of the courts”, synonymous to “must” in quote 6.
[9.4] Quote 6) shows that consistency with BORA “… must be done even
if it involves departure from previous interpretations” (“orthodoxy”…).
[9.5] Quote 7) shows that interpretation consistency with the BORA “…is
to be preferred…”, which is synonymous to “must” in quote 6.
[10] (to questions of law [3,4]) All court cases (incl. appeals) are
naturally/logically based on real occurrences, also called facts! If the clear
misinterpretation or even deliberate falsification (as in this very case) of such
occurrences lead to a breach of a statutory law, which is subsequently
formulated into questions of (statutory) law (not judge-made pseudo- or
common law), then such breaches become a law matter – regardless whether
the HRRT tried to cover-up and prevent an appeal by pretending its decision
to be on un-appealable “findings of facts” derived from a personal and
subjective/biased credibility assessment of the parties.
This is an appeal purely on questions of (statutory) law, because the facts
were well established by clear admissible evidence per S.7(1,3) Evidence Act
and by pure natural-justice logic; Thus they were not open to the HRRT’s
interpretations and falsifications via subjective biased credibility assessments!
The HRRT was well aware of above quotes (see point [2] of minute
8/6/16), and was maliciously wrong in law to have invalidated S.83(a) PA!
[12] The HRRT was knowingly wrong in law to have rejected admissible
evidence of the respondent as the PC’s investigation object: The appellant
filed a new complaint with the responding DHB as explicit object, aimed at
starting a new HRRT proceeding in case of a strike-out, in order to uphold
and achieve his and the public’s privacy rights without delays, based on a
new PHO/DHB enrollment. This neither needed an info to the respondent,
nor an info about a current strike-out application to the PC. But it relied on
all the previous documents, because the new privacy breach shares the same
facts. Surprisingly, the PC’s reply that he already investigated the matter is
unquestionable proof of his investigation with the respondent as complaint
object (see decision [21-24])! This proved beyond any doubt the HRRT’s
continued jurisdiction and the unlawfulness of the strike-out procedure!
[13] (to questions of law [5,6]) The often hidden nature of privacy
breaches and their perpetrators can make the naming of a complaint’s
object(s) impossible, which is one reason for the statutory provision of PC
investigations that should identify the perpetrators for HRRT proceedings.
Otherwise a complainant would need to know the result of an investigation
before it had even started, which is first-past-the-post, illogical and unnatural
(and thus unlawful) nonsense, despite being practiced govt policy. The
HRRT was wrong in law and deliberately incompetent (corrupt) to have
limited/altered these law sections, and to have struck-out the 2nd defendant.
[14] It is not the task of the extremely underpaid appellant to design the
NHI health-data-sharing system so that it fulfills the requirements of the
Privacy Act.
[15] The public should notice that the HRRT chairman Rodger Haines had
now tried at least 4 times to invalidate most of the Human-Rights and
Privacy Acts; After 2 female HRRT members overruled him in the
successful [2012] NZHRRT 15 Privacy-Act proceeding, he created several
new PA-invalidating case examples, under which that successful proceeding
would have been struck-out, because the PC never even contacted the
explicitly named object of his “investigation” before ruling it without merit,
nor did he remove the proven grossly incompetent investigator Emma Pond
(probably because this servant acted on the PC’s Command…).
[15.1] “Better” still, the appealed decision was co-authored by HRRT
member pastor RK Musuku (apparently of satanic faith), who in the
proceeding leading to above successful [2012] NZHRRT 15 tried unlawfully
to disable natural justice in a grossly incompetent and blatant way ([2011]
NZHRRT 14, a precursor to later strike-out rulings), which the appellant
complained against to the Governor-General in addition to formal appeals.
He certainly knowingly acted in a conflict of interest in this strike-out
decision, probably in the false expectation that nobody would notice…
[15.2] This chairman Haines invalidated the main provision of the Human
Rights Act (S.65, indirect discrimination) in [2015] NZHRRT 24, which was
whitewashed by the High Court in a law-invalidating and contradictory way
(saying that no proof of intention was required, while requiring an
intentional link… -- by unlawfully using English case law; see point [9.1],
and [2015] NZHC 75 points [31(13 law questions),75,89(a,b,d)]).
[15.3] Also under S.65 (indirect discrimination), Haines, SJ Hickey and RK
Mosuku stayed proceedings against NZ Post and referred it back to the
Human Rights Commissioner for time-consuming futile mediation; After
the plaintiff was forced to achieve a public settlement himself because the
HRRT dragged its heels, this Chairman refused to publish the details in his
formal decision ([2014] NZHRRT 29), thus depriving eg. homeless people
of Human Rights via a way to obtain a postal address needed for receiving
official income support, leaving voluntary help organizations with the mess..!
The appeal argumentations primarily aim at informing the General Public about the
criminal fascistic corruption in the judiciary, (appointed by the monarch’s fascistic Solicitor-
General, and on which the monarch relies to uphold its totalitarian power), so that a
revolution with direct reprisals against fascistic corrupt royals, officials (incl. judges) and
business men is enabled to achieve a constitutional democracy with the necessary
educational democratic natural justice.
Additional Argumentation to Questions of Law [1,2]
[16] Natural Justice and the Right to Appeal rely on the truthful application
of statutory laws incl. the BORA and on truthful facts, not mad corruption-
covering phantasies by judges. It is impossible and against the public interest
to bring this appeal without inherently and explicitly proving the criminal
corruption of involved judges and institutions against the current official
royal-freemason-fascism-ensuring practice (see definition of fascism below).
[16.2] Judge Mander has provenly read this original appeal and thus the
proof, dismissing it and thus the whole appeal as being “baseless”! He was
also involved in above pending S.24 Local-Electoral-Act Supreme-Court
parallel appeal using law questions [1,2], where he gave the defendant further
3-4 weeks time by unlawfully requiring the plaintiff to repeatedly file the
whole case -- this time to the crown law office without even providing its
address; This was misused to substitute its statutorily required Statement of
Defence by a malicious unlawful application for strike-out without any
required prove of a “clearly untenable“ claim! He now corruptly helps to try
to whitewash his fellow judge Nation in that case by following his unlawful
reasoning and practice to prevent both extreme-public-interest appeals!
[16.3] Enclosed is also the additional proof (Appendix A2) of the Privacy
Commissioner’s corruption that was written to the public after he refused to
inform the general public about the inherent insecurity of electronic
democratic elections and especially Microsoft operation systems that actively
provide privacy information to this foreign U.S.-NSA-controlled corporation
regardless of its users’ wishes. This deliberately incompetent evasion of his
office’s privacy-protecting purpose can only be truthfully described as
criminally fascistic corrupt!
[16.4] The appeals mentioned under [15.2] were never determined, because
the Supreme Court refused to allow the appellant’s appeal right (by adding
“sufficiently compelling” to the exceptional-circumstances law requirement),
after finding that the lower courts’ prevention of the public-interest appeals
were correctly appealed on questions of law contrary to the involved judges’
deliberately incompetent (corrupt) rulings – which they now wrongly
use/interpret as having proven them lawful, while unlawfully forbidding the
appellant to truthfully raise these proofs of their corruption...
[19] The maximum public (and thus also private) interest is the enabling
and upholding of democracy and its democracy-safeguarding laws as shown
by these 2 constitutional BORA law questions, which must be enacted to
generally validate Parliament’s statutory laws including the Privacy Act.
There cannot be higher public-interest law issues, as the next step would be
a revolution with violent reprisals against the fascistic royals and their
judicial might-is-right prostitutes, regardless of any thus invalidated law etc.!