common law

Malcolm France made this Official Information request to New Zealand Police

The request was partially successful.

From: Malcolm France

Dear New Zealand Police,

I request to be provided with the evidence and facts of the following questions under section 12 of the Official Information Act 1982 ,and The Declaration on Open and Transparent Government as approved by Cabinet on 8 August 2011.

1. Is the "Her Majesty ,Queen of New Zealand" in the Police oath the same one as Elizabeth the Second, by the Grace of God, of the United Kingdom of Great Britain and Northern Ireland and of Her other Realms and Territories Queen, Head of the Commonwealth, Defender of the Faith

2. Please confirm NZ Police recognizes and operates in common law jurisdiction under Elizabeth the Second, by the Grace of God, of the United Kingdom of Great Britain and Northern Ireland and of Her other Realms and Territories Queen, Head of the Commonwealth, Defender of the Faith (alongside NZ statute jurisdiction) as laid out in the ;

- Imperial Laws Application Act s5 , and
- Policing Act 2008, s 4 interpretation of policing , s22 Police Oath and s23
- by coronation oath of Elizabeth the Second, by the Grace of God, of the United Kingdom of Great Britain and Northern Ireland and of Her other Realms and Territories Queen, Head of the Commonwealth, Defender of the Faith.

3. Further please confirm common law is a separate jurisdiction from New Zealand Acts and a man standing in common law jurisdiction while he may be arrested for breach of the peace cannot be charged for it or any other crime under any NZ Acts, as per s9 of the Policing Act 2008.

As the head of the organisation these OIA questions are about and therefore most knowledgeable and qualified to answer these questions I don’t expect them to be passed on to another other agency and I look forward to your personal response in the time frames and manner required under the NZ Official Information Act

Yours faithfully,

legal person and said citizen
Mr Malcolm France

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From: Ministerial Services
New Zealand Police

Kia ora Malcolm

Police have added these three questions to your recent OIA IR-01-21-30344 containing six questions, and will respond to both in one letter of response.

Kind regards, Michelle
Ministerial Services PNHQ

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From: Malcolm France

Dear Ministerial Services,

These 2 joined requests were made days apart separately for a reason .

I want this OIA kept separate from the other OIA IR-01-21-30344 about organisation type made on 8 oct 2021 which while about Police is on a different subject.

Yours sincerely,

Malcolm France

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Malcolm France left an annotation ()

This request was answered with IR 01 21 30344 France Malcolm final response.pdf on 28th Oct 2021 as no 8, 9 & 10 despite my request to not do so.

1 (as 8 ) confirmed
2 & 3 (as 9 & 10) denied

Go direct to PDF here ; https://fyi.org.nz/request/17098/respons...

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From: Malcolm France

Dear Ministerial Services,

Your only answered question 1 of my 3 questions , and refused to answer the questions 2 and 3 on the basis of you dont hold the information (s18g OIA).

That is simply outrageous evasion and obfuscation.

I am not asking legal advice . I expect the Police to be able to answer simple OIAs on its own jurisdiction that it holds and enforces, ie the primary condition you must meet to act. So please read the questions in case you misunderstood them and answer them here separately from OIA IR-01-21-30344 as requested. .

Yours sincerely,

Malcolm France

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From: Ministerial Services
New Zealand Police

Good morning Malcolm,

Police have no other information to add. As mentioned in the response emailed to you - you have the right to complain to the Ombudsman if you are unhappy with how Police have responded to your OIA request.

I hope you enjoy your holidays.

Ngā mihi,

Penni

Penni Davenport | Senior Advisor | Ministerial Services
Strategy & Partnerships |PNHQ

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Luke left an annotation ()

I'll try my best to answer your unanswered questions. Please note questions 2 and 3 are indeed requests for legal advice, which the Police can refuse to provide. I recommend you employ a lawyer if you are concerned.

2. New Zealand Police operate in the jurisdiction where "Elizabeth the Second, (...), Queen of New Zealand and Her other realms and territories (...)". The Queen of New Zealand is a separate entity from the Queen of the United Kingdom. - See s 2 Royal Titles Act 1974, Balfour Declaration.

3. Even if a man can be arrested for breaking the peace, they may be still charged for any offence which is contrary to a New Zealand Act. An arrest under the common law does not grant immunity from liability for any statutory offences committed.

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Paydn$$ left an annotation ()

Common law is acknowledged in Nz an from the Nz police as there’s been a few documents signed by police acknowledging common law jurisdiction which was an should b the primary jurisdiction of AOTEAROA it was when the fabrication of a constitutionalised government bringing there mongrel ways here they have to say there jurisdiction is the only one in Nz bla bla bullshit there fuked if if they don’t say that it’s just more lies hence y they can’t answer the many questions being asked about fraudulent use of Nz birth certificates the many questions about jacinda s coke addicted husband an if that ain’t the worst what about the battery acid an shit thrown at police 😂😂😂clearly his own mate pepper sprayed him an the police fueled all the violence at the protest but won’t take responsibility for there actions Get rid of this corrupted government this is AOTEAROA not New England

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