Statement of Claim dated 17 Mar 2009

NO:                

BETWEEN              
                                                        
                                PLAINTIFF

A N D                      Defendant Ministry of Social Development Bowen State Building
  
    

STATEMENT OF CLAIM
17 March 2009
________________________________________________________________

 

THE Plaintiff says:-

  1. THAT the Defendant Ministry of Social Development, on the 5th of November 2008, made false allegation about the Plaintiff, The Plaintiff claims this false allegation, malicious prosecution, Defamation and serious damage.
  2. THAT on 5 November 2008, the Plaintiff faced charges of Trespass to the Ministry of Social Development and resisting Police in the Wellington District Court and the charges withdrawn by leave on 3 December 2008. That the charges related to false allegations, malicious prosecution and defamation by the defendant, the specific documents complained of by the Plaintiff are set out as follows:
    (A) Unemployed, Trespass on the Ministry of Social Development, after being warned to leave that place by Hamish Mcintyre, an occupier, neglected to do so. (Evidence attached from Wellington District Court and NZ Police.)
    (B) Unemployed, dismissed. Chinese student, being dismissed and hysterical, psychiatric suicidal, Violent Police must secure. (Evidence attached from NZ Police and Wellington Free Ambulance.)
    (C) I am an assistant to the Minister. I am covertly recording the Minister’s private conversation for which I was immediately dismissed. Because I refused to hand back my computer access card, Police were called. (Evidence attached from Police Independence Complain Authority.)
  3. THAT due to the serious of the false and malicious allegation that directly caused the Plaintiff treated as the Trespass by the 111 Police on the 5 of November 2008 in the sick room of the Ministry of Social Development despite she has the implied license and permission and reasonable ground to. Because the Plaintiff is a lawful employee of the Ministry, not a Trespass and also be sick after threatened by the manager lay on the bed in the sick room, didn’t know she should leave immediately after warning by the Police because of Trespass. All in a sudden that two Police constables suddenly hold on her chest and pulled her from the bed, pushed her to the ground and violently put the handcuffs on both her hand and took her all the way from the office of the Ministry of Social Development to the Police car outside the Building and took her to the police prison.
  4. THAT due to the false allegation, malicious prosecution, defamation directly caused the Plaintiff got the allegation of “Violent to the NZ Police” in the incident of arrested violently by the Police in the letter of dismissed her on 23 December 2008.
  1. THAT due to the false allegation directly caused the Plaintiff been stood down from the job for more that one months and half for the Trespass and forbidden to go to the office and talk or ring any of the colleagues for collecting her personal belongings for months long.
  2. THAT due to the false allegation directly caused the Plaintiff been retrieved the computer and building access card to the manager by the Police and destroyed a lot evidences the Plaintiff saved in the computer related to bullying and abusing by the manager Desiree Brown in her job.
  3. THAT after this incident at all times the Plaintiff had complained to the Ministry and Police. That until now 4 months passed that the plaintiff neither had been apologized from the Ministry of Social Development nor in positive to solve the incident.
  4. THAT the Plaintiff has been subject of verbal and written abuse and ridicule in obscene and uncomplimentary terms relating specifically to false allegation and physical arrested with handcuffs and has been brought in to public odium, ridicule and contempt.
  5. THAT the allegation was an inaccurate and false complain to the Police and abuse the process of court.
  6. THAT the allegation complained of is untrue, malicious and defamatory of the Plaintiff.

THEREFORE the Plaintiff claims:  

Under sections 18 and 24 of the Summary Offences Act 1981
False allegation or report to Police
  • Every person is liable to imprisonment for a term not exceeding 3 months or a fine not exceeding $2,000 who,—
    • (a) Contrary to the fact and without a belief in the truth of the statement, makes or causes to be made to any Police employee any written or verbal statement alleging that an offence has been committed; or
    • (b) With the intention of causing wasteful deployment, or of diverting deployment, of Police personnel or resources, or being reckless as to that result,—
      • (i) Makes a statement to any person that gives rise to serious apprehension for his own safety or the safety of any person or property, knowing that the statement is false; or
      • (ii) Behaves in a manner that is likely to give rise to such apprehension, knowing that such apprehension would be groundless.

Compare: 1935 No 29 s 4; 1967 No 154 s 2(2)
Section 24 was amended, as from 1 January 1998, by section 7 Summary Offences Amendment Act 1997 (1997 No 97) by substituting the expression “$2,000” for the expression “$1,000”.
Section 24(a): amended, on 1 October 2008, by section 130(1) of the Policing Act 2008 (2008 No 72).

Under the 111 false statement and declaration, 115 Conspiring to bring false accusation of the Criminal Act 1961
Punishment of perjury
  • (1) Except as provided in subsection (2) of this section, every one is liable to imprisonment for a term not exceeding 7 years who commits perjury.

(2) If perjury is committed in order to procure the conviction of a person for any offence for which the maximum punishment is not less than 3 years' imprisonment, the punishment may be imprisonment for a term not exceeding 14 years.
Compare: 1908 No 32 s 131
Subsection (2) was amended, as from 26 December 1989, by section 3(3) Abolition of the Death Penalty Act 1989 (1989 No 119) by omitting the words “for any crime punishable by death, or”.

110 False oaths
  • Every one is liable to imprisonment for a term not exceeding 5 years who, being required or authorised by law to make any statement on oath or affirmation, thereupon makes a statement that would amount to perjury if made in a judicial proceeding.

Compare: 1908 No 32 s 132

111 False statements or declarations
  • Every one is liable to imprisonment for a term not exceeding 3 years who, on any occasion on which he is required or permitted by law to make any statement or declaration before any officer or person authorised by law to take or receive it, or before any notary public to be certified by him as such notary, makes a statement or declaration that would amount to perjury if made on oath in a judicial proceeding.

Compare: 1908 No 32 s 133

112 Evidence of perjury, false oath, or false statement
  • No one shall be convicted of perjury, or of any offence against section 110 or section 111 of this Act, on the evidence of one witness only, unless the evidence of that witness is corroborated in some material particular by evidence implicating the accused.

Compare: 1908 No 32 s 134; Criminal Code (1954), s 115 (Canada)

 Fabricating evidence
  • Every one is liable to imprisonment for a term not exceeding 7 years who, with intent to mislead any tribunal holding any judicial proceeding to which section 108 applies, fabricates evidence by any means other than perjury.

Compare: 1908 No 32 s 135

114 Use of purported affidavit or declaration
  • Every one is liable to imprisonment for a term not exceeding 3 years who—
    • (a) Signs a writing that purports to be an affidavit sworn before him or a statutory declaration taken by him, when the writing was not so sworn or taken, or when he knows that he has no authority to administer that oath or take that declaration; or
    • (b) Uses or offers for use any writing purporting to be an affidavit or statutory declaration that he knows was not sworn or made, as the case may be, by the deponent or before a person authorised to administer that oath or take that declaration.

Compare: Criminal Code (1954), s 118 (Canada)

115 Conspiring to bring false accusation
  • Every one who conspires to prosecute any person for any alleged offence, knowing that person to be innocent thereof, is liable—
    • (a) To imprisonment for a term not exceeding 14 years if that person might, on conviction of the alleged offence, be sentenced to preventive detention, or to imprisonment for a term of 3 years or more:
    • (b) To imprisonment for a term not exceeding 7 years if that person might, on conviction of the alleged offence, be sentenced to imprisonment for a term less than 3 years.

Compare: 1908 No 32 s 136
Paragraph (a) was amended, as from 26 December 1989, by section 3(4) Abolition of the Death Penalty Act 1989 (1989 No 119) by omitting the words “to death, or”.

Under the New Zealand Bill of rights Act 1990

Part 2 Civil and Political rights Life and security of the person

Right not to be subjected to torture or cruel treatment
Everyone has the right not to be subjected to torture or to cruel, degrading, or disproportionately severe treatment or punishment.
Non-discrimination and minority rights

19 Freedom from discrimination

(1) Everyone has the right to freedom from discrimination on the grounds of discrimination in the Human Rights Act 1993.

(2) Measures taken in good faith for the purpose of assisting or advancing persons or groups of persons disadvantaged because of discrimination that is unlawful by virtue of Part 2 of the Human Rights Act 1993 do not constitute discrimination.

This section was substituted, as from 1 February 1994, by section 145 Human Rights Act 1993 (1993 No 82).

20 Rights of minorities

A person who belongs to an ethnic, religious, or linguistic minority in New Zealand shall not be denied the right, in community with other members of that minority, to enjoy the culture, to profess and practise the religion, or to use the language, of that minority.

Search, arrest, and detention

21 Unreasonable search and seizure

Everyone has the right to be secure against unreasonable search or seizure, whether of the person, property, or correspondence or otherwise.

22 Liberty of the person

Everyone has the right not to be arbitrarily arrested or detained.

23 Rights of persons arrested or detained

(1) Everyone who is arrested or who is detained under any enactment—

(a) Shall be informed at the time of the arrest or detention of the reason for it; and

(b) Shall have the right to consult and instruct a lawyer without delay and to be informed of that right; and

(c) Shall have the right to have the validity of the arrest or detention determined without delay by way of habeas corpus and to be released if the arrest or detention is not lawful.

(2) Everyone who is arrested for an offence has the right to be charged promptly or to be released.

(3) Everyone who is arrested for an offence and is not released shall be brought as soon as possible before a court or competent tribunal.

(4) Everyone who is—

(a) Arrested; or

(b) Detained under any enactment—

for any offence or suspected offence shall have the right to refrain from making any statement and to be informed of that right.

(5) Everyone deprived of liberty shall be treated with humanity and with respect for the inherent dignity of the person.

26 Retroactive penalties and double jeopardy

(1) No one shall be liable to conviction of any offence on account of any act or omission which did not constitute an offence by such person under the law of New Zealand at the time it occurred.

(2) No one who has been finally acquitted or convicted of, or pardoned for, an offence shall be tried or punished for it again.

27 Right to justice

(1) Every person has the right to the observance of the principles of natural justice by any tribunal or other public authority which has the power to make a determination in respect of that person's rights, obligations, or interests protected or recognised by law.

(2) 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.

(3) Every person has the right to bring civil proceedings against, and to defend civil proceedings brought by, the Crown, and to have those proceedings heard, according to law, in the same way as civil proceedings between individuals.

Under the Act of Torts
Trespass to person, on Land or Goods
8 Breach of Statutory Duty
16 Deliberate Falsehoods
17 Defamation
18 Invasion of Privacy
19 Abuse of Legal Procedure

Defamation Act 1992

Declaration from the Plaintiff
Actually on 5 November 2008, the plaintiff I was a lawful employee of the Ministry. I was not an assistant of the Minister, and was never covertly recording Minister’s private conversation. I am not dismissed at that time. I am not a Chinese student but am a lawful NZ residence. And I am not hysterically or psychiatric but cried by the threatened of her manager and by the violent arrested of the NZ Police. The plaintiff I was never violent to any one in all my life.

THEREFORE the Plaintiff claims:

(A) Be reimbursed for the wages or other money that I have lost as a result of the false allegation and incident on 5 November and grievance.
(B) Pay compensation $??0,000 including compensation for humiliation, loss of dignity, and injury to feelings, and compensation for loss of any benefit and all the mental and physical hurt to me, to my family, to my personality and my 25 years work experience and to be arrested by the police.
(C) Reinstate me my position in MSD or place me in a new position that is at least as advantageous to me as my old position.
(D) Retrieve the dismissal
(E) Declaration by media that the Defendant has defamed the Plaintiff
(F) The person cheating and providing the false information should be imprisonment and charged with guilty
(G) The cost of this action
(H) An order for full solicitor /clients costs

 
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