"We have maintained a silence closely resembling stupidity" - Neil Roberts

Until we have legislation adopted into law to ensure fiduciary accountability and transparency in public affairs we will continue to have human rights breached because the existing crown immunity and lack of any independent oversight invites corruption to flourish.


"Question authority, and think for yourself" - Timothy Leary


"We have maintained a silence closely resembling stupidity" - Neil Roberts


"Information is the currency of democracy" - Thomas Jefferson


‎"Never doubt that a small group of thoughtful, committed citizens can change the world; indeed, it's the only thing that ever does." - Margaret Mead

"The truth is like a lion, you don't have to defend it. Let it loose, it will defend itself."

"I = m c 2 [squared] where "I" am information" - Timothy Leary

"Ring the bells that still can ring, forget your perfect offering, there's a crack in everything, that's how the light gets in." Leonard Cohen

"The internet is a TV that watches you"

Monday, February 29, 2016

Update on formal complaints, application for judicial review etc:

Tena koutou, emails recently received from the Far North District Council provide further information, but not much.  Still incredibly vague and inadequate:

18 February 2016

Tena koe Katherine,

Further to my last message concerning 4 outstanding items of information, Mr Batchelor has recently met with Council staff and agreed to try and find the Public Liability insurance policy for you. I have some details of the road repair in 2013 and attach a plan showing the position of road repair, a photo showing the damaged road prior to repair, and retaining wall then constructed on the seaward side of the road.

I have reminded monitoring staff that I still need to hear from them about the possible marine pollution.

Regards,

Detlef Davies
Local Government Lawyer
Far North District Council
________________________-
18 February 2016
Tena koe Detlaf,

Thank you for this information.

1.  Has Mr Batchelor provided any of the information requested in the letters to him from the FNDC - there have been several letters, and several deadlines, the last being the 23rd December, and the information requests differed in each of the letters.

2.  Has Mr Batchelor provided ALL the information requested in the letters from FNDC.  On 6 January 2016 FNDC confirmed that NONE of this information had been provided, we've received none of it, so assume it hasn't - where is it?

3.  What enforcement action has been taken against Mr Batchelor regarding his ongoing and contemptuous refusals to provide any of this information?  What action has Far North DIstrict Council taken with regard to prosecuting Julian Batchelor for this ongoing contempt?  I insist that a prosecution is initiated without further delay!

3.  I requested all information regarding monitoring and enforcement, all correspondence with Mr Batchelor - none of this has been provided - have there been any enforcement penalties applied apart from the abatement notice whatsoever?  Would you please provide a schedule of all payments received by FNDC from Julian Batchelor regarding this property.

4.  The road was repaired in 2015.  This was widely witnessed.  Clearly staff need to look harder for this information, as they do regarding the insurance policy.  I understand your email as indicating that you intend to provide further information regarding the 2013 road repairs, please reiterate with staff involved in locating this information that these requests are urgent, and overdue and we require all the information about the repairs in 2013 and 2015 please.

5.  Due to previous communications destroying any illusion of good faith bargaining on behalf of some of Council's staff and Mr Batchelor, would you please obtain a full copy of the insurance policy from him - not just the policy number and the name of the provider and reiterate that this request is URGENT.

6.  There are a number of other outstanding issues, but in the interests of expediency regarding the priorities outlined above I will follow those up with you shortly.

Thank you for your attention to these matters.

Regards
Katherine Raue
______________________________________________________

29 February 2016
Tena koe Katherine,

Further to earlier correspondence, we understand that Julian Batchelor will contact us as soon as he has located the Public Liability Insurance Policy.

Information so far received about the road work carried out in 2015 consists of a long list of jobs done in Rawhiti Road between 2012 and 2015. I have separated the items for 2015 and attach the list on which the items in red are those which were within 200 metres of no. 147. I expect that the event in which you are most interested is the one on 23rd November 2015 relating to landslip but please confirm this. Please also advise specifically what detail you would like to know about this event and I will refer back to Roading.

As regards the possible effect of materials being washed into the sea, I am advised by Sam in Monitoring that the situation is ongoing and no conclusions have been drawn so far. He mentions that NRC have been involved in the discussion concerning erosion and sediment issues sorted out at no. 147. We can confirm that 2 recent meetings with officers in Kerikeri on building matters and on planning consents were productive and it is expected that Mr Batchelor will co-operate with the requirements of Council.

On the question of possible sea pollution, since this information will take more time, Council is exercising its right to extend the time for complying with this request for a further 14 days from the current expiry date which is tomorrow, until Tuesday 15th March 2016. This extension is made under section 14 of the Local Government Official Information and Meetings Act 1987. You have the right to complain to the Ombudsman about this extension but the reasons for its request is that information on this particular question is not yet available. This extension also applies to the production of Mr Batchelor’s insurance policy if he manages to find it.

Finally please note that I will be away from tomorrow for 3 weeks so the file will be passed back to Alice Astell to handle during that period; please write to her on alice.astell@fndc.govt.nz.

Regards,

Detlef  Davies
Local Government Lawyer
Far North District Council



"I am advised by Sam in Monitoring that the situation is ongoing and no conclusions have been drawn so far. He mentions that NRC have been involved in the discussion concerning erosion and sediment issues sorted out at no. 147. We can confirm that 2 recent meetings with officers in Kerikeri on building matters and on planning consents were productive and it is expected that Mr Batchelor will co-operate with the requirements of Council.

On the question of possible sea pollution, since this information will take more time, Council is exercising its right to extend the time for complying with this request. 
This extension also applies to the production of Mr Batchelor’s insurance policy if he manages to find it
." 
This is an insult to ratepayers, to taxpayers, and to tangata whenua in particular.  Ngapuhi didn't sign up to this and we expect the Crown to take action against Julian Batchelor, who is not tangata whenua and has not consulted at all with tangata whenua, not fob us off with excuses like this.  The erosion and sediment issues are not "sorted out" and that would appear to be an outright lie or strong evidence of a delusional disorder.  There is certainly no evidence whatsoever to suggest that the issues have been "sorted out".


The complaints to the Ombudsmen, and others including Kelvin Davis and other members of parliament, are in the process of being escalated and an application for judicial review is being filed without further delay.

Further information regarding this matter can be found at this link.

Tuesday, February 16, 2016

Foul, Fiendish, Cruel and Brutal Crime - A Wicked Whangarei Wife-slayer:


Maori spiritual beliefs have always been very important to tangata whenua.  Particularly with regard to our waahi tapu, spiritual places, urupa, burial grounds where our tupuna rest and other sacred and historic sites.  It is therefore deeply, deeply offensive to discover the evidence of the history of the house which Julian Batchelor currently occupies at Rawhiti and which is the site of Mr Batchelor's unconsented works and breaches of the local bylaws.

A woman was murdered in this house by her husband, in front of her children, in a particularly sad, and vicious, attack.

The plot thickens however - the murderous husband pleaded not guilty of bashing his wife five or six times in the back of the head with an axe, embedding it about six inches in her skull, in front of the witnesses, because his wife wouldn't give him money.  The murderer's favorite son, 13 year old Herbert, witnessed the gruesome deed, before his father shouted "Goodbye" and rushed out the door.

Daniel Hammon was arrested a short time later after being located hiding in a pile of timber on the docks.  When he was taken into custody and searched, evidence came to light showing that the marriage was not a happy one.  Life must have been very difficult for women in days gone by and Mrs Hammon was not alone in finding it hard to feed her children.  The evidence was in the form of a letter from a Whangarei legal firm representing Mary Hammon, which requested that Mr Hammon make some effort to maintain his struggling wife and dependent children, urging him to agree to a separation, and requesting him to refrain from molesting his wife.  Mr Hammon had been sleeping in a tent with his son Herbert, while Mrs Hammon shared a room with a woman who boarded at the Huimai Boarding House, the scene of the crimes - past and present.

It seems that the family had previously owned a farm, that they all had worked very hard on the farm, the children being referred to as "little farm slaves", but that after becoming unwell, Mr Hammon had "become mentally afflicted."

Justice Cooper presided over the jury trial.

"The evidence of Doctor Duke, who it will be remembered figured in the Court some time back as the Defendant in a suit for slander, brought against him by a woman from Paparoa, and in which the Doctor, who conducted his own case, was hit for damages, was to the effect that Hammon suffered from a disease which most lunatics have.

The disease was obstruction of the circulation, the effect of which was to produce melancholia, irritation and mania.  What Hammon had done was what might have been expected.

Then the Doctor went on to explain at length how Hammon had had an explosion of nerve force - which no doubt is the "brain storm" which played such a prominent part in the Thaw case.

It was brought out in evidence that Hammon's father was a drunkard and that he had a sister who was insane,that he had brothers who were mentally deficient, and Doctor Duke went on to say that the families of the insane and epileptic stock, the stock of drunkards, were all liable to this Obstruction of the Circulation.

Doctor Dukes explained that he had studied at the Bedlam Asylum for three months and that that was 15 or 20 years ago."

"After questioning the Doctor for some time, the learned Crown prosecutor broke new ground when he questioned in the following manner - and as if things weren't bad enough, here's where it gets even more sordid -

The Crown Prosecutor:  I suggest to you that you are hardly in a position to give an unbiased professional opinion.  Hah!
Did you write to the prisoner two days after he committed this rash act?

Witness:  Yes.

The Crown Prosecutor:  I think this is the letter you wrote him (reading the letter) -
     "Dear Mr Hammon, May I express my sympathy with you in the sad position your rash act has placed you.  I know what you had for years to put up with. I know you had much patience and affection for your wife.  She was not altogether to be blamed.  It was Mr Smith before her - "

Witness ( - hastily interrupting) -
    "Mr Smith, what is that - "

The Crown Prosecutor:  "Your writing is like mine - difficult to read"

Witness:  "LET ME READ IT!"

The Crown Prosecutor: (continued)
    "It was your health bothering her, but if you had been a bigger man, and beaten her into submission at first you would have had more peace and more respect from your wife.  Will you tell your lawyer that perhaps I could help him.  But don't say to anyone that I offered to, it would do me a lot of harm.  Let your lawyer ask me as a medical attendant and I will write and tell him what I could say.  That is, if you care to cling to life, for really there is little to live for if a man be unhappily married, and I am sure you need not fear to meet your judge.  He will understand the temptations and trials of this wicked world.  Man is born to sorrow here and no wonder if sometimes he loses his head.  Kind regards, Yours sincerely, E. S. Dukes."
"I think you can hardly give an unbiased opinion."

After a bit more argy bargy the Judge intervened and desired to know how it came about that the letter was in the possession of the Crown.  Which was a jolly good point.

The Crown Prosecutor explained that the prisoner had received the letter from the gaoler, and after reading it, had handed it back to the gaoler.  Who presumably supplied it to the Crown Prosecutor . . .

"A VERY INSANE THING TO DO!" according to Doctor Dukes.

Perhaps the liveliest moment of the trial was when lawyer Skelton briefly cross examined another expert witness, alluding to the fact that he had apparently released a man from psychiatric care who went on to commit some terrible crime after he drank alcohol after the expert witness told him not too - this witness was of the opinion that Hammon was sane when he murdered his wife and that he intended to harm her.

The accused was found guilty, recommended to mercy, and sentenced to death.

This is interesting.  Seven years previously, in Wellington, the same Judge adjusted the black cap, and passed sentence of death on Claude Paget, found guilty of the murder or a young girl in Ingestre Street, Wellington.  In that case, however, the Executive of the day commuted the death sentence to one of life imprisonment.

The defence case in that matter, although ably raised though it failed, was the defence of insanity.  (Daniel Hammon apparently defended himself on the same premise with the 'assistance' of Dr Dukes).  At that time lawyer Tom Wilford was able to use with every advantage the remarkable, interesting, and weirdly strange evidence the alienists, who is America a short time prior had endeavoured, and eventually with some success, to support the plea of insanity for the notorious millonaire murderer Harry Thaw.  Following this His Honour was said to be deeply interested in the "mysteries of the mind", indicating that the Hammon trial must have been of great interest to him.
















Monday, February 1, 2016

Most pitiful excuses ever - Far North District Council Legal Excuses Officer gobbles up ratepayers money to come up with this?

To FNDC, Ombudsmen, Ministers of the crown, etc, 1 Feb 2016:

The document provided to me seven days ago, the Application for Licence to occupy a portion of the road dated 24/08/2013, refers to "red lines" and "yellow areas" yet you have supplied a black and white copy - please forward a colour copy of this document without delay - and all information regarding the public liability insurance in the names of the Licensee and Licensor which is referred to in the top portion of the application and also in paragraph nine on the first page - seven days ago I specifically requested that you provide - without further delay - full details of this Insurance Policy including the Policy number and the name of the insurer as required in this document and all details of the Policy including the date it was taken out, the terms and conditions of the Policy and any expiry date if applicable, and all other information about this application, including all measurements taken by FNDC of the road and the proximity to the boundary, all photographs of the survey pegs and evidence of the boundaries, etc, and any infringements of the boundaries in the work actually done.

I have also requested all information from Far North District Council regarding the recent repairs to the road which were carried out last year, and all information regarding previous applications for consents relating to this property including the application for the original retaining wall and the application to put the house on the land, all evidence relating to plumbing, drainage, all information FNDC hold regarding 147 Rawhiti Road.  The information request is an ongoing one and requires the provision of all information acquired or created as and when it is acquired or created, including all updates on the situation and what FNDC is doing regarding the recent pollution of the sea.  There has been no substantial acknowledgement or response regarding these complaints and this is unacceptable.  This is a formal complaint regarding your decision to withhold information and the actions and decisions of the Far North District Council in regard to applications, consents, complaints, including the refusal to act in regard to concerns raised months ago by the Hapu Resource Consent Unit Officer, refusal to respond to requests for information and undue delay in providing the information requested, etc, at 147 Rawhiti Road.


Please provide this information without further delay.
Katherine RaueTe Komiti o te Kaitiaki o Opourua

___________________________

Behold, the response, received this afternoon:

Tena koe Ms Raue,
Thank you for your email, the contents of which I note.

Regarding your query concerning the copy of the Licence application that I sent to you on 26 January. I received your email on Thursday 28 January and with the statutory holiday (Northland Anniversary Day on Monday 1 February) this is the first opportunity I have had to respond to you. The copy of the plan I emailed to you was in fact a colour copy but unfortunately of pretty poor quality in that the colour-marked area was very faint. I have therefore attached another copy for your information (having re-highlighted the coloured areas referred to) and I hope this makes things clearer for you.

Regarding your request for a copy of the public liability insurance policy. I have consulted property legalisation/roading staff together with IT department staff, and I am advised that the link to this document on Council’s ‘Pathways’ system is irretrievably broken and cannot be accessed. Our IT department have exhausted all reasonable options (including a search of the entire ‘S’ drive) and I am therefore obliged to decline your request under section 17 (e) of the Local Government Official Information and Meetings Act 1987 (the LGOIMA) as the information requested despite reasonable efforts to locate it, cannot be found. 

 You have the right to seek an investigation and review by the Ombudsman of this decision. Information about how to make a complaint is available at www.ombudsman.parliament.nz or freephone 0800 802 602. Please find attached a copy of a letter regarding the policy and Council’s approval of the licence as a result and I am advised that there is no further available information concerning this application.

Regarding your request for information regarding the recent repairs to the road which were carried out last year. I have discussed your request with key roading staff. To enable them to investigate this matter and ensure an accurate response is given to your query, please can you clarify the section of road you are referring to and the months/period last year, if known. Your request will then be actioned. Please note that if it takes a substantial amount of time for staff to research and collate this information, Council is entitled to make a reasonable charge of the supply of information under the LGOIMA. I shall notify you in advance of the estimated charge if there is one.

Regarding your request for “all information regarding previous applications for consents relating to this property including the application for the original retaining wall and the application to put the house on the land, all evidence relating to plumbing, drainage, all information FNDC hold regarding 147 Rawhiti Road”.  As I explained in my email to you of 19 January, you have now been provided with the information held on Council files. That information was supplied to you in good faith and free of charge.

I am seeking final confirmation as to whether there is any information regarding the original retaining wall at all and will revert as soon as I am in a position to do so. In relation to  “what FNDC is doing regarding the recent pollution of the sea”, I have referred your enquiry to our monitoring compliance team who will provide you with an update on this situation soon.

Regarding your reference to the ‘undue delay’, you have the right to complain about any perceived delay to the Ombudsman (on the details mentioned above & previously).

Finally, I note you indicate (when signing off) that you are writing on behalf of Te Komiti o te Kaitiaki o Opourua.  As you know, Council were informed by the Te Komiti in early January that you had “been removed from your role as spokesperson for for Te Komiti O Kaitiaki O Opourua [and] discharged from dealing with this Kaupapa/case any further". Please could you confirm the present position.
If you wish to discuss your official information request with us, please feel free to contact me.

Regards,

Alice Astell
Legal Services Officer
Far North District Council
 - cc [Person 1 and Person 2]
____________________________________________

Tena koe Alice,

I founded the komiiti and can not be removed at a meeting to which I was not even invited, or advised of despite repeated requests for the time and the place it was to be held, let alone given an opportunity to speak in my defence against allegations which are nothing but lies. 
I have the full support of my kaumatua.  Regardless of the divisive tactics of you and Darren Edwards or anyone else employ, I represent the komiti I founded, and the members of the hapu who support my actions.  Any members such as Jacqueline and Natasha who wished to leave that komiti and form another are welcome to do so, they have been replaced.   I remain spokesperson for the komiti I founded and will continue in that role, with the mandate from my kaumatua, and other members of our hapu and whanau.  As for being "umbrellered under" any legal entity, that's fine, but I have every right (and in fact I have a duty) to form and run a komiti to address this kaupapa and I my kaumatuas have confirned that.
As you have shared my communication with others, I request that you provide me with all communication you have received from all these other people without further delay, as previously requested.  These people have no authority to "discharge me from this kaupapa".
Finally, I totally reject your excuses regarding my information request as to the existence of Julian Batchelor's five million dollar compulsory public liability insurance and insist that you provide this information without further obfuscation - Council has a mandatory legal obligation to maintain public records and your excuses are frankly not credible.  Please contact Julian Batchelor and ask him to provide the information forthwith and without delay, also please obtain the back up data, and please ensure this information is provided without further delay.  You simply need to contact Julian Batchelor and take action to ensure that he provides the information immediately - there is simply no credible excuse not to do so and Far North District Council has a fiduciary duty to do so.

Katherine Raue
Te Komiti o te Kaitiaki o Opourua 


So basically Julian Batchelor wants to permanently occupy all the land right up to the actual road as well as all the land in the near vicinity, whether he actually owns it or not - the cheek of this man is unbelievable.

As is the cheek of the Far North District Council Legal Excuses Officer.

I am now applying for judicial review of the decision to refuse to provide the information about the five million dollars worth of compulsory public liability insurance - this excuse provided by Alice in the wonderland that is the ratepayer funded Far North District Council is outrageous and completely unacceptable.
________________________________________________

Email sent today to manager of Barfoot & Thompson, Greenhithe:
Tena koe Mr Rose,
I spoke with your wife Michelle yesterday regarding the issue of Mr Julian Batchelor's advertised Christian charity which is included in his Barfoot profile (copy attached).  We are reviewing Mr Batchelor's compliance and consultation with hapu and tangata whenua following recent concerns regarding developments on a property which Mr Batchelor claims is owned by a Christian charity, and variously Mr Batchelor claims that the property is owned by a limited liability private company in his applications to local government.

We would appreciated it if you would please provide all information held by Barfoots or by your agent Julian Batchelor regarding any and all Christian charities, other 'charities' and limited liability companies, etc, that Mr Batchelor is involved in, including the trust deed, constitution, rules, stakeholders, etc, including Stop Promoting Homosexuality International.  Also please clarify the 'ownership' of the three blocks of land at Rawhiti occupied by Mr Batchelor, the claims of a Christian charity are clearly contradictory to Mr Batchelor's claims that the land is owned by a limited liability private company. 
In addition, Mr Batchelor was required to have mandatory $5,000,000 public liability insurance indemnifying both himself and the Far North District Council, and he was required to name the provided, the policy number and other details - these details have not been provided.  Please provide this information without further delay - did Mr Batchelor have the required $5,000,000 insurance or not, and if so, who with, what is the policy number and what are the terms.

Yours faithfully,
Katherine Raue,
Te Kaitiaki o Opourua
__________________________________________________

 We await a response from Mr Graham Rose of Barfoot and Thompson, Mr Bachelor, and the Far North District Council Legal Excuses Officer as well as all Ministers of Local Government and the Ombudsmen.