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Sat 7th June 2008

Bitching about Child Support? Where were you?

Filed under: General — Paul Catton @ 1:30 am

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

 

5 Comments »

  1. Well said Mr Caton - While only a few stand there is little hope that anything much will change - You will of noticed that I have begun my stand with WINZ - I will get the same treatment yet WINZ damage many people daily in particular Men and their children as does Child Support - As you so rightly say the **Sheeple** allow the destructive elements in our society to rule.

    Buy the way the Ration Shed (Our 3 stage FoodBank) has some rather good specials at present if you are over this way that will reduce your costs in the refuge - Family pizza $1 - FETA cheese $2 per block - Baked beans 3 for $1 and many others - People suffering from the disasters of NZLaw and Social Policy are welcome free with proof - people with other food to exchange are welcome - People of any station in life are welcome to donate and thus receive well priced food

    Onward - Jim

    Comment by JimBWarrior - HandsOnEqualParent — Sun 8th June 2008 @ 6:41 am

  2. Do you have the copyright on sheeple Jim, I thought it belonged to some guy in Canada.

    Comment by Bevan Berg — Tue 10th June 2008 @ 11:08 pm

  3. I wish - Regards - Jim

    Comment by JimBWarrior - HandsOnEqualParent — Tue 10th June 2008 @ 11:20 pm

  4. Hi Jim, Just browsed through your site & found it to be some sort of hope, I have been put under enormous pressure from IRD and has created massive financial pressure on myself and my family. I feel we are subject to dictatorship and or a police state. I have been doing a lot of study on our constitutional Rights don’t understand a lot of it but I just know that as New Zealanders we are sheep being led to slaughter. The more I try to better my life the harder these government agencies destroy it. I have almost got to the stage of giving up but the thought of loosing my children (which they have already with their mothers have done a pretty good job) cant bring myself to do it. I hope and pray that men will stand up and put an end to the misery and destruction of the family units. I wish all the men luck in there pursuit of happiness and justice.

    Cheers Rob

    Comment by Rob — Wed 23rd July 2008 @ 8:37 pm

  5. Yes Paul, I agree Im not a sheep. Im taking head on IRD ref 84k. Ive had one lady removed from the dept for her power crazy efforts. Im not budging on anything. Ive had worse while been on the front line in Afgahnistan.

    Comment by Dave G — Fri 26th September 2008 @ 3:23 pm

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