Good afternoon

Please see the attached in regard to your request.

Kind regards
Office of the Hon Judith Collins MP
Minister of Justice|Minister for ACC|Minister for Ethnic Affairs | MP for Papakura
Tel: +64 4 817 9836 | Fax: +64 4 817 6506 | [email address] | www.judithcollins.co.nz | Parliament Buildings | Private Bag 18041 Wellington 6160

-----Original Message-----
From: Grace Haden [mailto:[OIA #1803 email]]
Sent: Thursday, 10 July 2014 2:41 p.m.
To: J Collins (MIN)
Subject: Official Information Act request - Bill of rigths out of step with declaration of human rights.

Dear Minister of Justice,
the declaration of human rights at article 10 states

• Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.

Yet our bill of rights only mentions the word Fair once public hearing once ,independent once and impartial once and that is in section 25 of the bill of rights which only relates to criminal proceedings.

the universal declaration of rights does not confine the rights set out in article 10 to just criminal matters but to all matters , the operative word being "and "

section 25 states
• 25 Minimum standards of criminal procedure
• Everyone who is charged with an offence has, in relation to the determination of the charge, the following minimum rights:
• (a) the right to a fair and public hearing by an independent and impartial court:
• (b) the right to be tried without undue delay:
• (c) the right to be presumed innocent until proved guilty according to law:
• (d) the right not to be compelled to be a witness or to confess guilt:
• (e) the right to be present at the trial and to present a defence:
• (f) the right to examine the witnesses for the prosecution and to obtain the attendance and examination of witnesses for the defence under the same conditions as the prosecution:
• (g) the right, if convicted of an offence in respect of which the penalty has been varied between the commission of the offence and sentencing, to the benefit of the lesser penalty:
• (h) the right, if convicted of the offence, to appeal according to law to a higher court against the conviction or against the sentence or against both:
• (i) the right, in the case of a child, to be dealt with in a manner that takes account of the child’s age.

By way of OIA please advise why the New Zealand bill of rights does not conform to the universal declaration of human rights and explain why do people in the civil jurisdiction and family courts do not have the right to "full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations "

and Why section 25 only provides for people charged with an offence and not for any one appearing in court in civil/ family jurisdictions

This is particularly important to me as a claim of defamation was filed agaisnt me , my defense of truth and honest opinion were struck out because I failed to get $12,000 with a two week period and the matter went straight to quantum . The issue involved being a whistle blower on a matter of serious government corruption where law enforcement powers were given to a fictional organization .

additionally

In family court every day people are denied a public hearing as these hearings are conducted behind closed doors and through the medium of confidentiality .

Please provide all discussion papers and documents which consider the bill of rights and the obligations to be in line with the universal declaration of human rights.

Yours faithfully,

Grace Haden

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Good afternoon,

 

Please find attached a response to your Official Information Act request.

 

Kind regards,

 

   

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