18/11/2003
Hon Margaret Wilson MP
Attorney General
Parliament Building
Wellington NZ
Re: Human
Rights Review Tribunal / High Court Appeal / Court of Appeal appeal:
Dear Attorney General M Wilson MP,
Further
to my earlier correspondence of
20/05/2003
, a further deterioration of the situation has occurred; a
deterioration I believe constitutes a very serious violation of the Universal
Declaration of Human Rights.
In all, in the matters Plumtree v Defence Force, I believe Articles 1, 2, 5, 6,
7, 8, 10, 12, 17 (1) (2) and probably 19 of the Universal Declaration of Human
Rights have been violated.
Now
I am referring to the decision given in the Rotorua High Court by Justice R
Harrison of 16th December 2002.
Since that time I correctly filed an appeal, against a Deputy Registrars
decision in that same matter, an appeal seeking leave to appeal to the Court of
Appeal.
The judge, from whose order in the first instance the appeal arose, has ordered
the registry not to accept any further documents from me. In his doing so I
believe he has deprived me before law, of the right to judicial proceedings to
settle the dispute arising from those recorded unlawful acts and omissions
engaged in by members of the NZ Defence Force.
I believe the recent minute of Justice Harrison ordering the registry not to accept any further documents from the appellant, is the most serious breach of law I have ever witnessed. Justice Harrison has ordered the Rotorua Registry not to accept documents in relation to an appeal that relates to his decision of the 16th December. Clearly, I cannot now expect an honest hearing in any NZ court.
I
have therefore written in part, in the following manner to Commissioner for
Human Rights in Geneva:
“The appellant says he was not restricted by any judicial rules or regulations as described by His Honour for the filing of an appeal against the Human Rights Review Tribunal decision of the 2nd October 2002. Clearly, the document filed for hearing by Justice Harrison on the 13th December (the day I was advised [2-30 pm] of the listing date 16th December 02) was a matter, which is described in law under section 66. (6) Pertaining to the NZ Bill of Rights Act, e.g. “Wherever an enactment can be given a meaning that is consistent with the rights and freedoms contained in this Bill of Rights, that meaning shall be preferred to any other”!
Listed
before His Honour on the 16th day of December 2002 was an application
filed under section 27. Right to justice, an application correctly filed under
sec 27 (1) (2) of the Bill of Rights Act.
Section (1) says, every person has the right to the observance of the
principles of natural justice by any tribunal or other public authority, which
has power to make a determination in respect of that person’s rights,
obligations, or interests protected or recognised by law.
Section (2) says, every person whose rights,
obligations, or interests protected or recognised by law have been affected by a
determination of any tribunal or other public authority has the right to apply,
in accordance with law, for judicial review of that determination.
Therefore, it is complete nonsense for Justice Harrison to propose, as he has done in the Minute dated 23rd October 2003, I had no justifiable ground for appealing the Tribunal decision, and second, it is complete nonsense for His Honour to propose the application was filed out of time. There is no prescribed time limit for the filing of an application from a final determination of a Human Rights Review Tribunal decision when the application has been filed under section 27 of the NZ Bill of Rights Act.
On
commencement of those proceedings before His Honour on the 16th day
of December, Justice Harrison three times ordered that I withdraw my
application, clearly he appeared of mind that the filed application had been
filed according to the provisions of section 123 of the Human Rights Act. I
filed no such application, which is quite clearly displayed in the annexed
hereto-true copy of the actual application filed”!
Attorney
General, in these proceedings at all times I have done my level best to resolve
the matter upon the peaceful platform the law allowed. I understand unacceptable
conduct occurred soon after my return from Vietnam. While also I clearly recall
a Maori NCO repeatedly sodomised me throughout the first two years of my army
service. That army did fail in many legal and other responsibilities, and I do
feel it is wrong of others to continually legally kick me in the stomach, as did
three times Justice Harrison, on commencement of those proceedings 16th
December.
On commencement of proceedings 16th December 02, Justice Harrison
three times ordered that I withdraw my appeal; to not do so, would have
constituted contempt of the judge’s orders. I withdrew, however, the Bill of
Rights Act quite clearly sets out, every person has the right to the observance
of the principles of natural justice by any tribunal or other public authority,
which has power to make a determination in respect of that person’s rights,
obligations, or interests protected or recognised by law. Wherever, as is
clearly the case, the enactment of a legally binding contract between myself
and Defence Force, including the included right of a lawful discharge,
can be given a meaning that is consistent with the rights and freedoms contained
in the Bill of Rights Act, that Act says that meaning shall be preferred to any
other. Therefore, in law, Justice Harrison could not, not hear the properly
listed matter.
Justice Harrison did however go on and hear my appeal; he concurred with me that one could not appeal a final determination of the Human Rights Review Tribunal under sec. 123 of the Human Rights Act. Asking what I wanted I replied a lawful discharge, Justice Harrison then clearly stated he was not dismissing my appeal.
Now I watch what to me appears, as a feeble attempt by a judge to play politics with my matters, I strongly object, I object to the conduct of the Judge and the NZ courts.
Respectfully I ask you to intervene, I ask that you order the procedures of a lawful discharge, including payment tax free of my pay and allowances, and living out allowance, so that matters can be properly addressed.
I remain, yours faithfully,
Sgt.
Robert F Plumtree
Reg. Number 40792