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First-ever list of legal Natural-Justice Principles that the British/NZ monarchy has deliberately failed to define so far;
For complete structured list of documents and easy hyperlink access go to https://www.scribd.com/document/341435238/New-Zealand-Local-Democracy-Supreme-Court-Documents
First-ever list of legal Natural-Justice Principles that the British/NZ monarchy has deliberately failed to define so far;
For complete structured list of documents and easy hyperlink access go to https://www.scribd.com/document/341435238/New-Zealand-Local-Democracy-Supreme-Court-Documents
First-ever list of legal Natural-Justice Principles that the British/NZ monarchy has deliberately failed to define so far;
For complete structured list of documents and easy hyperlink access go to https://www.scribd.com/document/341435238/New-Zealand-Local-Democracy-Supreme-Court-Documents
APPENDIX H Natural-Justice Principles; Addition to Statement-of-claim Argumentation for Immediate Determination, After Recusal of judge Nation (4/8/16) 2 of 3
LIST OF NATURAL-JUSTICE PRINCIPLES
for S.105(1,2(a)) Human Rights Act and for a general Remedies & Sentencing Act design Not necessarily complete… by Fritz Fehling 17/2/2015
[1] Definition of Natural Justice per Universal Democracy Constitution
Natural: Following the logical causal chain, arranging real causes/ events and their real results/consequences in the time-correct sequence; It does not mean first-past-the-post, virtual or mad! Justice: Balance of the adherence to reasonable agreements, including democratically originated laws under the safeguarding frame of this Constitution (NZ Bill of Rights Act 1990 BORA); It includes correction of breaches with compensation of victims as one part, with the aim to prevent repetition of breaches [2] Preconditions a) Right to basic (financial) life support, eg. Universal Basic Income b) Right to automatic Habeas-Corpus hearing after 2 days detainment to prevent gross injustice through Human-Rights violations by police resulting in unlawful detention or even death by eg. severe depression with hunger & thirst strike c) Right to present a case or a defence, incl. legal-assistance aspects d) Right to appeal at least once per S.27(2) BORA; Appeals to 2nd appeal instances should be in form of question(s) of law, which could always reach the Constitution Court as absolute final instance in order to safeguard BORA; Wrong interpretations of factual matters leading to wrong applications of laws is always appealable, because this contravenes Natural Justice per S.27(1) BORA! [3] NATURAL-JUSTICE PRINCIPLES a) Natural adherence to reasonably BORA-consistent wordings of laws b) Natural adherence to reasonably BORA-consistent wordings of contracts c) Maximising of BORA-consistency of law interpretations (S.6 BORA) d) Partial or full modification or invalidation of law parts that are inconsistent with Natural Justice and BORA per SS.4,5 BORA, limited to the extend that these laws and the law structure become workable per S.6 BORA without disabling Parliament. e) Correction of breaches of a), b), incl. compensation of victims via sentences/ remedies with the aim to prevent repetitions and improve society. f) Maximising of Natural-Justice precision i) of defendant’s identity; The use of companies and organisations is to be minimised to avoid undue punishment of associated innocent members by hearing costs, without disadvantaging victims. ii) of remedies/punishment targets/sources; similar to i) above, but can differ from original 1st defendant’s identity. Companies, organisations or even national society can become liable to protect victims and the public interest. iii) of victim(s)’ identity for proportional direct attribution of compensatory and declaratory remedies. 3 of 3
g) Regard of remedy impact on victim(s); If point e) together with h) disable
timely full compensation of severely affected victims, the national society or involved company/organisation may act as a buffer to bridge or partly fill the gap. h) Regard of impact on offender(s) for the purpose of preventing societal or physical/mental damage through eg. extreme wealth, depression, starvation i) Adjustment of monetary punishments according to wealth of offender(s), so that the correction effect is not diluted for wealthy persons; The difference between appropriate compensation to the victim and total height of payment is directed to the national society. ii) staggered sentence according to availability of regular income and/or assets, eg. via periodic detainment, part-sale of assets, instalments, attachment orders, with incentives for speedy delivery and/or disincentives for dragged- out delivery to maximise efficiency & fairness and to reduce victim’s suffering. Profits/assets accumulated from offences/breaches should be seized iii) change of remedy if original sentence/remedy cannot be fulfilled (equivalent adjusted sentence) v) sentences/remedies never nominally disappear before having been fully enacted; they can only be temporarily tempered, reduced or halted if no outlook of timely fulfilment! j) Avoidance of discriminatory treatment for similar transgressions, consequently incorporating aggravating (incl. foreseeable impact on victims)/mitigating factors in sentences/remedies. k) Limitations of Natural-Justice principles only inverse proportionately/ degressively to gravity of offence, incl. any prosecution and conviction-register time limits (eg. murder/manslaughter/serious-assault convictions never disappear from register, because these offenders have damaged a mental firewall!). Remarks: Such principles need to be enshrined into one Remedies & Sentencing Law that applies to every other law as part of Natural Justice, removing the present confusing multitude of remedies provisions with their many exemptions in favour of preventing accountability of fascistic mates. The S.92I,M Human- Rights-Act remedies provisions could be a starting point. “Common”-law case examples from jurisdictions without a S.6-BORA-similar interpretation direction (esp. England) are not admissible for NZ jurisdiction. Interlocutory decisions need to be appealable to Supreme Cpourt, because cases are unlawfully thrown-out before any hearing, esp. cases against police’s criminal wrongdoings by preventing the formal laying of charges! Natural-Justice principles serve as the correction tool to improve society by correcting individuals that are the basis elements of society. This is why dictatorial rulers, incl. royals, and organised criminal fascistic gangs (incl. freemason brotherhood) try to prevent democracy and replace it with their hidden rule: they live an excessive greedy life on cost of everyone else and refuse to learn self-restriction, thus needing strong external restriction similar to spoilt nasty juvenile brats! It is not surprising that judicial and political fascists prevent any legal definition of Natural Justice and its principles.