very much for taking the time to copy letter from Minister Paul East 6th
November 1996 too me.
it appears the Minister has been miss-informed as the monies that were miss
appropriated ($10,000) was collected to the benefit of the Department Social
Security and not another party has he has been lead to believe, I
have no idea in what court the moneys were taxed (Other than Taree Court NSW)
and I ask that Minister Paul East takes the time to find the truth from
department of Social Security South Auckland, from the
department involved as set out in the information copied to you.
In respect to
the first part of Minister Paul East’s reply concerning the
Department Income Support as Minister In Charge in reply, I strongly disagree
that I requested a review of the rate of pension being paid, The
review was an ordered review by his department. held on 10th
September 1996 and on the 7th November an appeal was heard in review
of decision of 10th September 1996, it however
appears that my submission was not considered by the review office Mrs Margaret
I also have
received letter of 11th November 1996 from Mrs Valerie McNaughton
Department Income Support, As I have repeatedly contended I did appeal the first
decision made in this matter which appeal made in 1990 should be excepted by the
McCully with respect, It seems that these matters should be
heard by a third party so that a full investigation is undertaken, It dose not
seem constructive for Minister Paul East to parrot his juniors in the Department
Income Support Nelson as none of these matters have to the best of my knowledge
been carefully investigated by that department.
To the best of my ability I have set out the following which sets out quite clearly why I remain so persistent in trying to settle these concerning matters.
attending a private doctor in “Ngatea” for the first time
after the alleged discharge from the NZ Army, I was admitted into Carrington
psychiatric hospital and later again I was ordered by the Papakura Court
for assessment and became an outpatient Kingseat Hospital
Auckland, prior to service I was in good health and didn’t
suffer as I do now.
I was placed
on a sickness benefit by the then Department of Social Welfare Auckland for
about five months and subsequently I was then given no financial support or
treatment in breach of their duty of proper care.
then there has been an avoidance of a duty of care that was set by the Army,
also Papakura Court and by the Department of Social Welfare, which clearly they
held under statutory duty which is therefore now actionable.
The duty of
care I believe has been, and is still to this day been repeatedly refused or not
accorded properly, given that a number of appeals were made against decisions
the government department of Income Support Service made, and as the
appeals and a hearing of stated relevant matters have been repeatedly un-heard
or refused. The department is labelling and uttering in a rude manner
repeatedly, un-acceptable levels of compensation.
department has been trying to assess compensation upon which fair amount we
don’t agree, myself disputing matters which I disagree with and I feel it
is unfair that such conduct should continue without my receiving proper hearing
of the pleadings and a refusal to furnish copies of reports made on my person
upon which they rely, even in face of the doctors written request that they
should so release the report.
Also I have
raised matters with other departments to arrive at the truth and a fair
settlement so far without effect. Matters which I feel
are now escalating to an extent making me a person aggrieved by the
administrative conduct seeking a final settlement for compensation to be arrived
at, (which these matters relate) I believe it is now best
that these matters be expedited by arbitration by an agreed upon trusted third
Either by the
Office of the Ombudsman or a Court of Law offering natural justice, however it
should be now so that I am now excepted as in need of a
“guardian-ad-litem” so that the truth still comes to front and effects upon my health and peace of mind be minimised as I have endued far more than is reasonable to expect of a junior NCO being deprived of his proper entitlements.
As the Department Income Support have refused two appeals with out any reasonable grounds irregularities are now enclosed within the file, (they are not of my making) which are increasing pain and suffering upon me and they should be bought to front.
strongly disputed the contend of an untruthful report made by a Dr. Mike
Richardson of Taree NSW who states ! ( “I was not involved in hand-to-hand
fighting- he was not wounded-he was not involved in night patrols - when he
exited from the force he was found medically A1-he found no psychiatric
disorder-in particular, there is no evidence for any persistent or pervasive
mood disorder, anxiety disorder or post traumatic stress disorder” ! )
disagree with those statements as they do not represent the truth, they are
untruthful, they flower the truth with deception which I
sort to appeal twice against and have repeatedly been refused an opportunity to
do so, records clearly show those statements to be false
perceive the Department of Income Support intend to cement such untruthful
degrading, humiliating reflections upon my service and person while they clearly
are avoiding the reasonable care for which I seek this right of action due to a
records do not show events which occurred regarding my health that was assessed
while overseas, However I would be glad to raise in a more public way the
surrounding events which lead to an assessment being made at a time in Bong Song
South Vietnam by the New Zealand Military Medical Team South Vietnam of my
person and the reasons why an assessment occurred which will bear no reflexion
on my self.
department of social welfare acted to break up my Taree marriage and steal funds
using an un-lawful order of a NZ Court (and an Australian Court who could not
vary the order) which of cause was made while I was homeless, unemployable and
subject to a Papakura Court Order with recorded problims that were known to be
from service, war related problims.
That I was
not properly trained nor trained in a proper manner and miss-lead by the army
gives raise to the following and the supporting statements of service and
I Enlisted 10th
March 1964 in the New Zealand Army ( Who I believe for-fill the nature of an
Artificial Person) This enlistment was for three years regular force and five
years on the Active Reserve List, Which engaging instrument said that a
discharge becomes effective when reserve terminates 9th March 1972.
or as is set out in same,
Army Form NZ--5B sec. 21 “or until Lawfully Discharged”.
March I marched into Papakura Camp A Patoon 1 Tpt Coy R.N.Z.A.S.C. under common
rule as a recruit to serve and to except and obey all those
set over me which I faithfully have and am doing so, until law-full discharge.
(an obligation I believe is still held by the army)
I was Posted too HQ CRASC Fort Cautley 23rd August 1965. Then as it
currently stands, as of this time, under that agreement I
marched out of camp 27th May 1968 and was paid thur to 11th
June 1968, last pay having being received 21st June 1968.
I was posted
to 161 Bty Depot 1st November 1966 and that I had re-engaged from 11th
November 1966 until 20th June 1968 and that while in Vietnam in March
1967 in one or even less than one month after my arrival I applied for premature
release because I had learnt my tour of active service was only to be for 12
months and that I should reapply on return to New Zealand for early discharge.
These matters lead, I believe, Too, “Vicarious
Liability”, My Army Records as they are presented by the Defence Force,
Are a complete fabrication that has been detected. The records are
completely untruthful, they do not represent the truth.
I believe the
recording of the records is quite recklessness, miss representative of the
facts, truth, or of the nature of military law, as
my files then show discharge was recommended on the 9th April 1968 by
the OC 1 Tpt Coy R.N.Z.A.S.C. using the above fifteen month misleading matters
which are a fabrication detected and provable before law.
I was posted
for active service on the 11th January 1967 and the records say I was
emplaned at Whenuapai on the 22nd January 1967 and I deplaned Tan Son
Nhut, South Vietnam on the 24th January 1967 (in that time I
travelled in a C130 to Alice Springs Australia staying one night then spent some
two weeks or so in Singapore), all within those two days
from my departure from New Zealand and arrival, according to the records.
South Vietnam on the 8th day of February 1968 and left Changi
Singapore on the 25th February 1968 arriving New Zealand 1900 hours
on the 27th February 1968 and went straight on leave from the airport
thur till 25th March 1968. (Those matters I agree) With the
exception I got married on 23rd March and went on a Honeymoon
straight away with my wife taking in all or most of the lower north Island and
down as far as Dunedin and across the Haast Pass and back by car but not in the
two days they allow in the records.
that my records have been tamped with,
That the re-enlistment which I firstly signed to cover my tour of duty as a
Gunner Driver may have been made on the 10th day of March 1966 thur
to 9th day of March 1968 though my Army records show it as being
10-3-67 to 9-3-68 or 9-6-68, It then appears to have been
changed to read 11th November 1966 too 9th June 1968.
(Army form NZ 6A)
that my posting to Vietnam was cancelled without an explanation early in 1966, I
went to Papakura Camp 161 Bty thinking I was off to Vietnam as a Gunner Driver.
My records do not show this. I recall being very upset at having extended and
then finding the posting cancelled.
believe I was requested to re-enlist while in Vietnam as my contract was found
either not to be long enough to cover my tour of duty, or it had expired,
I am uncertain what date that occurred but it would have been well after the 9th
March as is suggested however my alleged re-engagement March 10th
1966 would have then set out my contract ending 9th
should clarify by producing the documents for inspection and
should present proof of my lawful discharge to satisfy the truth as I believe
they should now grant a Lawful Discharge with all entitlements.
79 Reference; A. AF 127 of 9th April 1968
sets out a medical occurred on the 3 / 5 / 68 signed by a Lt Col Chief of Staff NMD. The records show that I was passed as F E when however no personal medical occurrence occurred on the 3rd May 1968.
disagree I have ever too this day been examined by an Army or other Army
employed Medical Doctor and respectfully ask for a careful honest review of
these matters. The facts have not been truthfully portrayed and others have been
miss-lead by the apparent contend of my records.
I agree I did
have a chat with a fellow Vietnam Veteran Navy Petty Office on the day of the
alleged Discharge Medical Board but disagree that a Medical Board Assessed my
person on that day.
I am raising
also issues like the improper training I received before posting too Vietnam
such as the reports in the Rodney, Dargaville, Whangarei, Kaikohe, and in the
1 Tpt Coy Gt
RNZASC. A recruiting exercise, The writer while under training for service in
South Vietnam with the New Zealand Army, just prior to his posting to Vietnam,
paraded down the main streets dressed in Viet Cong clothing being pursued by New
exercise held in Taumarunui and reported in the Taumarunui Newspaper,
The matter that is of most interest is a reported Dance held in their
Town Hall, the dance was arranged by the local RSA and Army and gave me a
sweetheart to write too just before my posting to a job I had never previously
written to the concerned newspapers and a friend attended some. However he found
a number of items had been cut out and was not then able to obtain a copy for
On the 15th
August 1988 a Dr Ian D. Hamann of Taree NSW advised that I am
permanently unemployable other than in an unsupervised environment without
June 1988 I lodged a claim for a Service pension as a Commonwealth Veteran in
Australia as stated by the Australian Department of Veterans Affairs in their
judgement! (because of my permanent incapacity which is likely to last
indefinitely as I have been mentally incapacitated from ever earning a
livelihood in the work force!)
even have basic military training, I was mostly left on my own un-armed living
amongst the enemy and other armies, dumped out of the army upon my return
without proper medical boarding and didn’t fair well, being sacked from my
first attempt at employment quickly and lasting a simular time with the next
employment and finally I completely broke down having no one left to trust or an
ability to function in a community.
I believe I
should be given a fair hearing as I believe I have a right of action, As I have
been wronged, and proper compensation should now be set, That then therefore I
can attempt to, for once, live in a manner above poverty with
proper discharge being accorded and some honour, humiliation and loss of life
style restored in good faith and with some dignity.
Robert Francis Plumtree