Wednesday, June 15, 2011

NZ legal system, how it relates to me, how I fare in the surreal legal system

The legal system in theory..................

The New Zealand Bill of Rights Act 1990
The New Zealand Bill of Rights Act 1990 safeguards the civil and political rights of New Zealanders.
The Act protects the following categories of rights and freedoms: life and security of the person; democratic and civil rights; non-discrimination and minority rights; search, arrest and detention; criminal procedure; and right to justice.
The Act is not higher law and does not "override" other laws, but it does nevertheless provide protection for the rights in it. The Courts must interpret other laws consistently with the Bill of Rights Act if at all possible. Further, all bills are assessed for consistency with the Bill of Rights Act before they are introduced into Parliament. Where there is an inconsistency in a bill, the Attorney-General must inform Parliament. While this does not prevent Parliament passing inconsistent laws, it does ensure that any issues are fully debated.
The Human Rights Act 1993
The Human Rights Act 1993 is aimed at giving all people equal opportunities and preventing unfair treatment on the basis of irrelevant personal characteristics. The Human Rights Act covers discrimination on the grounds of sex, marital status, religious belief, ethical belief, colour, race, ethnic or national origins, disability, age, political opinion, employment status, family status, and sexual orientation. It is unlawful to discriminate on these grounds in the following areas of public life: employment, education, access to public places, provision of goods and services, and housing and accommodation. People who think they have been discriminated against may complain to the Human Rights Commission.
GENERAL LEGAL SYSTEM INFORMATION
Civil and Criminal Law
There are two main divisions of law - civil law and criminal law.
Civil law covers disputes between individuals, companies and sometimes local or central government, and usually doesn't involve of the police. The disputes usually involve money, with a wide range of cases coming before the courts -disputes over business contracts, wills, tax, land or other property; cases where negligence has caused another's loss; and family matters such as custody of children and division of matrimonial property. Many civil cases are settled without a court hearing being needed -all parties agree on a solution, usually after negotiations by the parties' lawyers. In a civil case, the plaintiff (the person who brings the action or "sues") must prove their case to the balance of probabilities -it must be more likely than not that the plaintiff's version of events is correct.
The surreal legal system, as I am going through it..................

1. The Act DID NOT protects the following categories of rights and freedoms: life and security of the person ME and MY CHILDREN; democratic and civil rights; non-discrimination and minority rights; search, arrest and detention; criminal procedure; and right to justice.

2.The Human Rights Act 1993 is aimed at giving all people equal opportunities and preventing unfair treatment - IT MISSED THE AIM OF GIVING ME EQUAL OPPORTUNITIES AND HAS ALLOWED UNFAIR TREATMENT- FORCING ME TO SIGN AN AGREEMENT UNDER DURESS


3. There is no opportunity for me to prove my case, as my version of events are not allowed to be presented in court.

Who disallow this....the lawyers and .......

Tuesday, June 14, 2011

mixed day today, liken to a mixed salad bowl...

Colorful, characters!
Daily I get these flavors, sweet, sour, bitter, nonchalant.....all essential flavors quite complementary, as they bring out the best of each other.

There is one character I find that will destroy all the flavor, manipulative character. Very distasteful. They are the one, why there is so much war and disharmony and hurt created.

That is my lot for today.

Monday, June 13, 2011

supremacy complex............

Supremacy complex.........does this term already exists? This is how it felt like when dealing with people who have been given the authority to run a division of community services.
Range from law enforcer to waste management of a region.

Lately, I had had the opportunity to deal with people in these capacity. The process of decision  making and how they arrive to it baffle common sense for the reason they are employed in that position. To serve and protect for the good of community.
Or is this not the reason?

It would however make more sense when I try to match the definition of the resultant decision they make, it does more to serve their end need, as in most instances and case.

Do we know it? .............yes.

Do we accept it?.............we have to, therefore .........yes

Is this right?...........no.....however what can we do about it........could we? .............no

What then?......................?

Sunday, June 12, 2011

a pause in time............

What do I have on my plate...................
1.To end the tyranny of more than 20+ years of bullying from an abuser who is still hiding behind a closet
2.To continue with the re building of myself, so I could provide the daily basic for  3 kids
-psyche
-emotionally
-spiritual & moral
-material
3.To learn to care for myself
4.To assist where I could to others with whom I do have contact with who require my assistance
5.To enjoy good moments of good encounter with human with good virtue
6.To deal with bad moments of bad encounter with human with bad and questionable characters
7.To contribute positively in the un develop and old practices of waste management in NZ

The art of making sure my plate has a good balance, pleasant in sight, taste and combines beautifully and is nutritious............a plate of real life yee-sang, one of my specialty dish.

Saturday, June 11, 2011

My right to have a fair settlement and not to settlement made under duress

An open letter to my previous counsel......................
I have filed an application as you are aware already in court, the marital separation agreement while under your counsel were signed under great duress. You as my then counsel has witness before you the act that puts pressure on or coerces me to undertake actions that I would not ordinarily choose to undertake. These acts you have witness include the use of threats my children safety, mental coercion, physical harm the barrication of our house of residence. I did not sign these agreements on a mutual basis. You as my counsel then had refuse me to disclose my rights to disclose my duress in signing the agreement. I have discharge you upon signing these documents, and I then proceeded to get myself inform how I could apply to the family court to address the duress I was in when this settlement agreement were signed.
  1. Partial Discloser

    • A family law agreement is considered to be signed under duress if one of the parties does not disclose information. In my case, this is definately the case, and you are a witness to this, as your request for information were never forth coming.This has resulted in me signing into an agreement I might not otherwise have signed. I have since learned by myself such an agreement that was made without full disclosure may not be enforced by the court or can be revoked by the court afterwards. 

    Threat and Violence

    • I have also learned since the use of violence or threats onto me to force me to sign an agreement is considered duress in family law. 
      The If violence and threats of continous breach of protection orders, constitutes duress too. In my case, to stop compromising my children safety, I can claim that the settlement was signed under duress of continous breaches of protection order.

    Against Free Will

    • I have also learned since when a family law agreement signed without one party's free will is considered to be signed under duress. I can demonstrate the financial intimidation actions of the other party prevented me from exercising free will. 
      In this case, the court will assess the mental state of the person alleging duress as well as conditions under which the agreement was signed. If she was not in the proper mental state, then duress can be established. I was coerced to sign an agreement while under extreme financial duress, all my source of income has been blocked against my will, the residence of home were barricaded from entrance, we were forced to endanger our welbeing by being forced to treat through icy grounds as the only mean of access to our residence.

    No Chance for Negotiation

    • I have since learned the agreement I was coerced to sign, repeatedly on every point there is no reasonable chance of negotiating or compromising with the other party, and you were my counsel at that time, did not recognize this as constituting duress. 
      I had no available alternative during your counsel, and I have sign the agreement, I have also inform you, I will claim duress later and you as my counsel made me signed a waiver to vindicate you from any fault of not recognizing this was all under duress to protect yourself. 
      I am not giving you authority to accept the settlement. The counsel for the other party has to deal with me, directly.
      This is my right. I do have rights, I need to practice my rights.



Friday, June 10, 2011

Echo from the valley..........Hello any justice out there at all?

It is revealed and confirmed....the law enforcers' gathering along site scum bag, like vultures circling ready to scavenge on carcass, in this instance I am the carcass................................

What do I do? All my rights strip off me by force.
The intimidation and the duress continues. I have disengage the law enforcers from my side, because they have not acted in my benefit. The system supports these law enforcers.
What can I do, protest, which I did then, all the way through, continue to now, how?

I feel so sad today also, another form of scum bag which I had to deal with at work, made me do things which is against my grain of acceptability. To make a stand of my basic right by being forceful.

Where is really the justice. Does it exist at all? Hello..................justice, fairness, decency where are you?

The resounding echo..........is so hollow and lonely in the valley I am in.
So sad for the world.................................

Thursday, June 9, 2011

Heighten sense........what am I to do with it....

This heighten sense. Feels like another event is nearing again, which I have to deal with.
Today, I have to deal with another "scumbag" real estate agent by profession. That is the heighten sense I am experiencing, not a very nice sense to experience.
Cannot shake it off, wishful fact that I can shake it off. Know the only way to shake the heighten sense is to deal with it.
What good is it, being able to sense harm coming our way, when I cannot prevent it from coming our way. My survival mode is only to protect my three musketeer and to provide for them. They gave me strength to face the on slaughter from "scum bag" that prey and make victim of hardworking peaceful people.
The outcome will be I will survive, with another scar to remind me, why the hermit existence is so attractive for my sense's.
I have lived through a lifetime and over from my experience of a "scum bag" with a nature spilling over with deceits, compulsive liar, manipulative and predatory nature, day in day out.

I am doing mind bath with "crysanthenum flower" to cleanse such dreadful thoughts that just was filled with horrid memories, also will bath it over my heighten senses.....so the pure can be restored.

No one should go through what I had gone through and am going through...............................