I have through tenacity taken a case to the High Court for opinion, a case that was deemed previously to be mere formality by opine from Lawyer instructed to assist the Court.
Judgement is still waiting, after double the anticipated timeframe extended by the Justice.
I had previously requested from all and sundry under previous posting to provide your own case histories under “anonymisation” to present to the Court to determine under the wider umbrella that could the activities of IRD Child Support be fair, equitable and just for all parties etc….
I was able to incorporate a few from examples provided to me by Parents for Children.
This and other forums were extended invitation to participate and witness this day at the High Court.
Crown Law tried to have them excluded.
For the supporters who did attend they were admitted.
The context of thsee proceedings changed when perhaps constitutional matters were invoked.
Although not codified, New Zealand has been recognised to have assumed a constitutional administration upon cessation of its Dominion Status
Ultra vires describes activities of officials within an organization or polity that fall outside the constitutional or statutory authority of those officials.
Ultra vires gives a legal justification for the forced cessation of such action, which might be enforced for the people with the support of a decision of the judiciary, in a case of judicial review. A violation of rights by an official would be ultra vires because a (constitutional) right is a restriction on the powers of government, and therefore that official would be exercising powers he doesn’t have.
When an official act is unconstitutional that act is null and void, and the nullification is ab initio, that is, from inception, not from the date of the finding. It was never “law”, even though, if it had been a statute or statutory provision, it might have been adopted according to the procedures for adopting legislation.
Sometimes the problem is not that a statute is unconstitutional, but the application of it is, on a particular occasion, and a court may decide that while there are ways it could be applied that are constitutional, that instance was not allowed or legitimate. In such a case, only the application may be ruled unconstitutional.
This paragraph falls wholly within parents who have shared parenting and many others who bang their heads against a wall of IRD personnell being stoic towards maintaining their position and bureaucracy.
I reiterarate my indebtedness toward IRD Chid Support is alleged to be approx $177 however the principle behind my own circumstancs extends beyond financial factor.
Likewise the fiscally punitive action taken against many of you with your different tales of woe needed to be adressed, perhaps if mine bea suceessful it may provide an avenue to follow.
However, this does not excuse an apathy generally shown by the many of you involved otherwise called“sheeple” (copyright Jim Bailey)
Kindest Regards
Paul Catton
East Auckland Refuge for Men and Families
(09) 940 6236