Nottingham fails in court again

Dermot Nottingham has failed in another application to the Court of Appeal, this time seeking further Crown disclosure before an appeal against his conviction and sentence last year. The CoA ruled out “evidence neither before nor capable of being before the Court, or the background motives of those who did or did not give evidence, to the extent that was not already put in evidence”.

Nottingham must have been involved in more court proceedings than most over the last decade, with a very high failure rate. He used to describe himself as ‘justice campaigner’, but I think more appropriate descriptions are ‘hopeless’  and ‘vexatious’.

The latest judgment – NOTTINGHAM v R [2019] NZCA 188 [30 May 2019] – follows a hearing in 20 May – that was supposed to be an appeal hearing but was delayed until later this month as that date was reassigned to hear his application for discovery.

[1] After a lengthy jury trial in Auckland, the appellant was found guilty of two charges of breaching non-publication orders and five charges of criminal harassment. He was sentenced to 12 months’ home detention and 100 hours’ community work.

[2] The Solicitor-General has appealed Mr Nottingham’s sentence on the basis it is, she says, manifestly inadequate. Mr Nottingham has appealed both conviction and sentence. These appeals are to be heard by Criminal Appeal Division on 25 June 2019.

[3] On 13 March 2019 Mr Nottingham filed an application seeking orders for further disclosure from non-parties and the Crown pursuant to “the salient provisions of the Criminal Procedure Act 2011”.

Very ironic. In Nottingham’s private prosecution of myself and three others he repeatedly failed to provide proper disclosure, and never provided adequate disclosure, ignoring a number of legal requirements, requests and orders of the court.

[4] The non-party disclosure application was considered by this Court and declined in a judgment dated 14 May 2019…

See Nottingham refused fishing expedition by Court of Appeal.

Continued from the latest judgment:

…This judgment deals with the application against the Crown.

[7] Mr Nottingham contends that this information is relevant and necessary to due consideration of the appeals on 25 June because the police did not properly investigate the complaints made against him and there was a conspiracy including police officers to “fit [him] up”. The documents will assist him “build layers to show how the investigative process went awry”.

This is not unusual. He claimed a conspiracy involving police and court officials and media in his failed private prosecutions of APN, Prentice and Allied Press, George, but never provided any evidence.

Also “The appellants’ allegations of bias and conspiracy have been rejected by the High Court and Court of Appeal on the basis that they are not supported by the evidence.” – DERMOT GREGORY NOTTINGHAM, PHILLIP NOTTINGHAM AND ROBERT EARLE MCKINNEY V THE REAL ESTATE AGENTS AUTHORITY [2017] NZCA 145 [28 April 2017]

“Gilbert J struck out Mr Nottingham’s statement of claim in a judicial review proceeding brought against the District Court at Auckland and the second respondents alleging a criminal conspiracy to pervert the course of justice. Gilbert J found the claim was “replete with scandalous and outrageous allegations” and that no attempt was made to provide factual particulars of the various allegations of dishonesty.” – DERMOT GREGORY NOTTINGHAM v DISTRICT COURT AT AUCKLAND [2018] NZSC 110 [20 November 2018]

Earlier in the prosecution proceedings currently being appealed Nottingham accused a judge of misconduct and ‘tampering with evidence’.

[10] In open Court, Mr Nottingham raised the issue of whether or not Judge Collins should preside at the mentions hearing. He stated as follows:

I’ve filed a judicial review of your decision and of Judge Paul’s decisions in the prosecution of Mr Honey, where I was prosecutor, I’m alleging that you misconducted yourself in relation to the legal finding that a person who is a
accused cannot be cross examined on an affidavit they have produced in support of an application for the continuing name suppression. Serious allegations are made against you, the High Court is to hear those allegations, there is a strike out being (inaudible) which we are confident of getting rid of, so it’s submitted Sir, with your knowledge of that, the allegations against you will be improper for you to continue to make any directions and that this matter of a callover should be adjourned to another date where another Judge can read that, my submissions on a memoranda …

A little later Mr Nottingham said as follows:

Sir, you’re aware of the allegations against you. The allegations include you tampering with the transcript. …
If you consider it’s fit for you to stand here when there’s a prima facie case that you tampered with the transcript. To remove the very material that proves that you made a decision –

The Judge then said as follows:

Are you in Court saying to me that I have tampered with a transcript?

Mr Nottingham replied:

I am saying there is a prima facie case for it, yes …

Well a Judge cannot sit with a prima facia case of him tampering with evidence on a factually related matter and that he’s aware of the allegations and they are [laid] before the supervisory Court of this Court. I can have a judicial review filed within four weeks.

The Judge went on to say as follows:

Do not interrupt and I’m going to give a judgment for a ruling in a moment on a question of contempt of Court.

 – NOTTINGHAM v SOLICITOR-GENERAL [2017] NZHC 1325 [15 June 2017]

Back to the latest judgment:

[9] As noted earlier, the Crown submission is substantive and substantial. It is also compelling. If the material now sought was relevant to culpability, it should have been sought and obtained before or at trial. If relevant to penalty, it should have been sought and obtained before sentencing. Be that as it may, what matters most here is its utility (if any) to the appeals pending in this Court.

[10] As to that, Mr Nottingham has entirely failed to persuade us that any of the material now sought is necessary for the due conduct of the appeals.

[12] This application is, therefore, an ill-assessed distraction from the issues on appeal. These must focus on the admissibility of the evidence adduced, the inferences properly to be drawn from that evidence and the directions given by the trial Judge, rather than on evidence neither before nor capable of being before the Court, or the background motives of those who did or did not give evidence, to the extent that was not already put in evidence. There is a limit. It has long since been crossed in this application.

Result

[13] The application is declined

So next up is the actual appeals in two weeks on 25th June, unless Nottingham finds another way to divert or delay.

The courts sound like they have had enough of his stunts, but I wouldn’t rule out more urgent memorandums – he has often filed or tried to file those right up to and during hearings. In one of my appeal proceedings he filed a memorandum just hours before a hearing applying to adduce new evidence, despite the case having never made it to trial.

Like then, the latest failed application sounds like Nottingham is trying to relitigate his prosecution, but in this case it was him being prosecuted. And the Court is not allowing him to re-write criminal procedures.

Te Tira Whakaemi o Te Wairoa setlement

It’s good to see that a Treaty settlement between Te Tira Whakaemi o Te Wairoa and the Crown has been reached.

Newshub: Government signs $100m treaty settlement

The government has apologised to Wairoa iwi and hapū at the signing of a $100 million Treaty of Waitangi settlement.

Following a ceremony between the Crown and Te Tira Whakaemi o Te Wairoa at Tākitimu Marae in Hawke’s Bay on Saturday, Treaty Negotiations Minister Chris Finlayson said the settlement provided for a stronger cultural and economic future.

The settlement provides an acknowledgement, apology and reparation for the Crown’s historical breaches of the Treaty.

“The historical grievances of Te Wairoa iwi and hapū relate to the loss of the vast majority of their rohe, intense military campaigns and socio-economic depravation, the effects of which can still be seen today,” Mr Finlayson said.

The settlement – the fifth largest ever in financial terms – covers seven cluster groups of iwi and hapū in northern Hawke’s Bay, southern Gisborne, the town of Wairoa, Lake Waikaremoana and the Mahia peninsula. It covers more than 30,000 people.

It includes the assets of the Wharerata and Patunamu Forests, a number of Department of Conservation sites, and a social and economic revitalisation strategy in partnership with government agencies.

“This settlement has received overwhelming support from the claimant community. It will benefit the iwi and hapu of Te Rohe o Te Wairoa as well as the wider Wairoa region,” Mr Finlayson said.

Finlayson has done a lot to progress Treaty settlements, but this settlement has taken a long time.

From Te Tira Whakaemi o Te Wairoa website:

The progression of Treaty of Waitangi claims against the Crown has a long and significant history in Wairoa stretching back to the early 1980’s with the lodgement of initial claims across the Wairoa Inquiry District (the Waitangi Tribunal reference for the area between Tūranganui-a-Kiwa and Mōhaka). Many of our iwi and hapū tried unsuccessfully over the years to progress their Treaty of Waitangi claims, often being thwarted by changing Crown policies.

In response to this, a group of iwi and hapū with interests across the Wairoa Inquiry District came together at Rangiāhua Marae in 2002 to discuss how to work together to collectively resolve historical Treaty of Waitangi claims against the Crown.

Despite the fact that the Crown had (and continues to have) a policy of only negotiating with Large Natural Groupings (or LNGs), these iwi and hapū decided that our whakapapa and whanaungatanga, the kinship and family connections between us was a major asset in allowing us to work together to negotiate our historical claims with the Crown. This group of iwi and hapū were initially known as “The Wairoa Inquiry District Working Group” until it was renamed Te Tira Whakaemi o Te Wairoa, the name that stands today.

After coming together in 2002, we took three years to decide the best course of action to move our historical Treaty claims forward in consultation with our iwi and hapū. The outcome of three years of intense discussion was a decision to progress through direct negotiations with the Crown in seeking one comprehensive settlement for our historical grievances.

2005 then became a pivotal year for Te Tira Whakaemi o Te Wairoa where we began to formally interact with the Crown in setting the foundations for negotiations.

Sitting beside this was a firm commitment to our people in seeking their mandate to find a path to allow them to still have their stories told and recorded on the public record. This was a response to the fact that in deciding to proceed directly to negotiations with the Crown, we forfeited the right to hold a Waitangi Tribunal hearing.

Although the (milestones) and achievements made seem to have occurred over a long period, it is in fact quite typical of the Treaty settlement process whereby we have successfully navigated the checks and balances and stringent Crown requirements in between the milestones in moving through this process.

New Zealand land wars

From The Encylopedia of New Zealand: Story: New Zealand wars

In the 1840s and 1860s conflict over sovereignty and land led to battles between government forces and some Māori tribes. The most sustained campaign was the clash between the Māori king and the Crown. Land confiscations to punish tribes that fought against the Crown have left a long legacy of grievances.

The Short Story

A quick, easy summary

Read the Full Story

The New Zealand wars were a series of 19th-century battles between some Māori tribes and government forces (which included British and colonial troops and their Māori allies, known as kūpapa).

Northland

In March 1845 Ngāpuhi led by Hōne Heke Pōkai attacked and destroyed Kororāreka (later Russell). His men fought British troops and other Ngāpuhi led by Tāmati Wāka Nene, until January 1846.

Wellington

In July 1846 Governor George Grey arrested Ngāti Toa chief Te Rauparaha, whom he blamed for attacks on settlers. A rescue attempt failed, and government forces pursued Ngāti Toa and their allies into the hills behind Pāuatahanui.

Whanganui

Tensions between Whanganui Māori and settlers were heightened in 1846–47 by the arrival of British troops, the wounding of a chief and the hanging of Māori who killed four Europeans. Upriver Māori attacked Whanganui town, and after a battle at St John’s Wood a peace agreement was reached.

Taranaki

Many Taranaki Māori opposed land sales, and in 1860 there was conflict over a land purchase at Waitara. The British army invaded, and there was fighting until March 1861.

In 1865 there were battles in South Taranaki, and Major General Trevor Chute led troops around Mt Taranaki, destroying Māori villages.

Waikato

The Waikato was the home of the Māori king. The government wanted to punish his followers who had fought in Taranaki, and to make Waikato land available to settlers. Troops invaded in July 1863. War continued until April 1864, when King movement followers withdrew into what became known as the King Country.

Tauranga

British troops were sent to Tauranga in 1864. Rāwiri Puhirake’s men repelled a British attack on Pukehinahina (Gate ), but were later defeated.

Prophetic movements

Māori prophetic movements emerged to resist land loss. Some tribes opposed these movements, and numbers of kūpapa increased. The British government also began to withdraw troops.

In 1864 supporters of the Pai Mārire faith attacked British forces in Taranaki, and were defeated on Moutoa Island by lower-river Whanganui Māori. Pai Mārire spread to the East Coast, where its supporters were defeated by the armed constabulary.

Tītokowaru

Ngā Ruahine leader Riwha Tītokowaru wanted to defend Māori land in South Taranaki as settlers moved in and land was confiscated. He fought government troops and Whanganui Māori in 1868–69.

Te Kooti

Te Kooti Arikirangi Te Tūruki had been imprisoned on the Chatham Islands, where he developed the Ringatū faith. In July 1868 he escaped and returned to Gisborne, with 268 followers. He fled inland, and was pursued by the armed constabulary for almost four years.

Long-term impact

Figures are uncertain, but about 500 British and colonial forces, 250 kūpapa and 2,000 Māori fighting the Crown may have died in the wars. Māori who had fought the Crown lost large areas of land – about 1 million hectares in total.

Read The Full Story

The Hon J A Banks v the Crown

Flipper at Kiwiblog posts

CA428/2014. The Hon J A Banks v the Crown.

Has the Crown capitulated?

That question will be answered today just after 10 am when the Court of Appeal sits in the Wellington HC’s courtroom #6.

He asks that because Paul Dacre QC, who has run the Crown’s case, has been replaced by Mike Heron, the Solicitor Genera – details here. We might find out this morning.

Flipper also recaps the case.

To recap, the Crown sent solicitor Rowan Butler to interview Dotcom over the new evidence (from two US businessmen) that Banks would present to the CoA. Banks’ counsel had observed the rules and disclosed that to the Crown.

The interview with Dotcom (in the presence of his then counsel, P Davison) took place on September 29, 2014, and Butler reported to Crown Counsel Dacre in a memorandum, also on September 29. The “Butler Memorandum” introduces a new Dotcom claim – that there were two meetings with Mr and Mrs Banks, one of June 5, 2010 and the other on June 9, 2010. He had earlier asserted that there was only one meeting on June 9. Wylie J, however, found that the lunch was on June 5, as later also attested by the US businessmen.

The crux of the date issue is that both Mr and Mrs Banks were proven to have been elsewhere on June 9, and could not have been at a “second” meeting/luncheon with Dotcom on that date.

Now, understand this: This information was known to the Crown on September 29, 2014. It was not disclosed to Jones/Banks, nor to the Court of Appeal when it heard the case on October 29, 2014 – one month later. In fact the
existence of the Butler memorandum was kept secret by the Crown until finally it was released (received by) to David Jones (Banks) on February 27, 2015.

On March 2, 2015 (the weekend intervened) David Jones filed a memorandum with the High Court requesting a section 347 (discharge) hearing. David Jones then went back to the Court of Appeal because it appears, on the face of evidence now belatedly disclosed by the Crown, that the Court was deliberately misled.

It has been reported that ‘the Court’ was very unhappy.

The Crown seem to be in a very awkward position on this.

It would be ironic if a Graham McCready instigated prosecution is thrown out after an appeal the day before he files for another prosecution, this time against John Key.

Using the courts for political hit jobs seems to be McCready’s aim these days.