Occupy Auckland wins Appeal against Auckland Council!
A statement by Penny Bright, an Appellant in her own name, in the Occupy Auckland vs Auckland Council Appeal.
7 March 2013
OCCUPY AUCKLAND WINS HIGH COURT APPEAL!
Mainstream media coverage:
Occupy Auckland barrister Ron Mansfield explains the ruling of Judge Ellis:
Please be advised, that as an Appellant in my own name, at no time did I express an opinion as a 'Spokesperson' for Occupy Auckland.
A copy of the Appeal decision of High Court Justice Ellis is available on
a website for which I take full personal responsibility for content.
Also on this above-mentioned website are copies of my key legal submissions, as an Appellant in my own name, so people can read them for themselves.
The main reason I organised the setting up of this website, was to counter the defamatory lies about myself being spread by Suzette Maree Dawson, which she has published on her own private websitehttp://occupysavvy.com
Suzette Maree Dawson published on her above-mentioned private website a statement by Ben Cooney ('Redstar') during his livestream video coverage of the protest against the Trans-Pacific Partnership Agreement (TPPA) protest on 8 December 2012:
"There's Penny Bright - SIS informant".
The FACTS are, that I was one of 12 people responsible for organising Auckland anti-Springbok Tour protests in 1981, I was named in Muldoon's SIS list as a 'subversive', and have never been able to get a copy of my SIS file.
If people think I'm going to put up with these sorts of filthy defamatory lies, when I have had a proven track record going back over 40 years as an activist - think again.
I strongly recommend that those involved in the 'protest' / 'activist' movement, exercise commonsense and due diligence?
If people come from nowhere, with no proven track record in the 'protest' / 'activist' movement, and make a beeline for controlling the message, or means of getting the message out - act in ways which cause dissension or conflict within the group, spread misinformation / disinformation about people, without facts and evidence to back it up - BEWARE!!!
Being involved in 'media' gives such people the ability to mix and mingle and take photos from inside the ranks of the 'protest' movement.
Where exactly are those photos going?
BEWARE of those who act like the 1%, without openness, transparency or democratic accountability.
Why is it that as a (successful) Appellant in the Occupy Auckland Appeal, I cannot post this information up on the Occupy Auckland facebook page?
WHO are 'Admin' currently responsible for the Occupy Auckland facebook page, and why am I being blocked?
I note a Press Release up on Scoop - in the name of Occupy Auckland.
Who put out this Press Release?
On whose authority?
As a NAMED APPELLENT in this Occupy Auckland vs Auckland Council Appeal - I for one was never contacted by this now mysterious, anonymous and apparently secretive 'Occupy Auckland' - who do NOT have permission or any authority to speak on my behalf.
WHO now are 'Occupy Auckland'?
Without transparency - there is no accountability.
When / where was the Occupy Auckland General Assembly that discussed the Appeal, and authorised this Press Release?
I note that Suzette Maree Dawson and her private website 'occupy savvy' did NOT attend the hearing of the Occupy Auckland vs Auckland Council Appeal, and did not publish any of my legal documents, which arguably played a role in helping achieve this significant victory for Occupy Auckland, both locally, nationally and internationally?
Remember Rob Gilchrist - the Police informant who infiltrated the animal rights movement?
Learn the lessons folks!
I for one, am not interested in working with 'idiots, sheep, amateurs, saboteurs or provocateurs'.
Decent people, with good hearts, brains, guts and a basic understanding of the principles of natural justice, are those with whom I will work, on an issue by issue basis, where we have common cause.
In New Zealand, we have the basic human right to 'freedom of association'.
Those who choose to associate with Suzette Maree Dawson and/or Ben Cooney - that is your right and your choice.
But - please be advised that if you choose to associate with Suzette Maree Dawson and/or Ben Cooney, I will choose not to associate with you.
(The same applies to Linda Anne Wright - but that's another story - update coming soon....)
FYI - here are 'Minutes' of Occupy Auckland General Assemblies - 1 February 2012 and 15 February 2012, which record agreed decisions on a number of matters:
MINUTES OF OCCUPY AUCKLAND GENERAL ASSEMBLY WEDNESDAY
1 FEBRUARY 2012
RESOLVED BY CONSENSUS:
"That Occupy Auckland endorse/support the PRINCIPLE of a draft Action Plan to prevent 'White Collar crime, corruption and corporate welfare."
OCCUPY AUCKLAND (General Assembly 1/2/2012) SUPPORTS THE PRINCIPLE OF A DRAFT ACTION PLAN TO PREVENT CORRUPTION - ‘WHITE COLLAR’ CRIME & ‘CORPORATE WELFARE’ IN NEW ZEALAND [DRAFT DISCUSSION DOCUMENT ONLY]
Get our anti-corruption domestic legislative framework in place so NZ can ratify the UN Convention Against Corruption.
Set up an NZ independent anti-corruption body tasked with educating the public and PREVENTING corruption.
Change NZ laws to ensure genuine transparency in the funding of candidates for elected public office and political parties at central government level
Legislate for an enforceable ‘Code of Conduct’ for NZ Members of Parliament (who make the rules for everyone else).
Make it an offence under the Local Government Act 2002 for NZ Local Government elected representatives to breach their ‘Code of Conduct’.
Make it a lawful requirement for a publicly-available ‘Register of Interests’ for NZ Local Government elected representatives.
Make it a lawful requirement for a publicly-available ‘Register of Interests’ for NZ Central Government staff responsible for property and procurement, (including the Ministry of Health), in order to help prevent ‘conflicts of interest’.
Make it a lawful requirement for a publicly-available ‘Register of Interests’ for NZ Local Government staff, and Directors and staff employed by ‘Council-Controlled Organisations (CCOs) responsible for property and procurement.
Make it a lawful requirement for details of ‘contracts issued’ – including the name of the contractor; scope, term and value of the contract to be published in NZ Central Government Public Sector, and Local Government (Council), and ‘Council-Controlled Organisation (CCO) Annual Reports so that they are available for public scrutiny.
Make it a lawful requirement that a ‘cost-benefit analysis’ of NZ Central Government, and Local Government public finances be undertaken to prove that private procurement of public services previously provided ‘in-house’ is cost-effective for the public majority. If not – then return public service provision to staff directly employed ‘in-house’ and cut out these private contractors who are effectively dependent on ‘corporate welfare’.
Legislate for a legally-enforcable ‘Code of Conduct’ for members of the NZ Judiciary, to ensure they are not ‘above the law’.
Ensure that ALL NZ Court proceedings are recorded, and audio records made available to parties who request them.
Make it a lawful requirement for a publicly-available NZ Judicial ‘Register of Interests’, to help prevent ‘conflicts of interest’.
Make it a lawful requirement for a publicly-available NZ ‘Register of Lobbyists’ at Central Government Ministerial level.
Make it a lawful requirement at NZ Central and Local Government level for a ‘post-separation employment quarantine’ period from the time officials leave the public service to take up a similar role in the private sector. (Help stop the ‘revolving door’).
Make it a lawful requirement that it is only a binding vote of the public majority that can determine whether public assets held at NZ Central or Local Government level are sold; or long-term leased via Public-Private –Partnerships (PPPs).
Make it unlawful for politicians to knowingly misrepresent their policies prior to election at central or local government level.
Make laws to protect individuals, NGOs and community-based organisations who are ‘whistleblowing’ against ‘conflicts of interest’ and corrupt practices at central and local government level and within the judiciary.
Legislate to help stop ‘State Capture’, a form of ‘grand corruption’ arguably endemic in NZ – where vested interests get their way at the ‘policy level’ before legislation is passed which serves their interests.
[Feedback to Occupy Auckland can be sent c/- Penny Bright email@example.com to assist further debate/discussion/workshopping ]
MINUTES OF OCCUPY AUCKLAND GENERAL ASSEMBLY WEDNESDAY 15 FEBRUARY 2012
Minute-taker: Penny Bright
MINUTES OF THE OCCUPY AUCKLAND GENERAL ASSEMBLY HELD ON SUNDAY 12 FEBRUARY 2012 WERE AGREED BY CONSENSUS OF THOSE WHO WERE PRESENT AT THAT MEETING TO BE A TRUE AND ACCURATE ACCOUNT:
ANNOUNCEMENTS: 15 FEBRUARY 2012 NEW EVENTS:
1) 'AOTEAROA IS NOT FOR SALE' PUBLIC MEETING:
DATE: Friday, 17 February 2012TIME: 7pm VENUE: Trades Hall, 147 Great Nth Rd, Grey Lynn
GA (General Assembly) agreed that Penny, on behalf of Occupy Auckland to take the following proposal (passed by unanimous consensus at the Occupy Auckland GA, Sunday 12 February 2012), to the above-mentioned 'AOTEAROA IS NOT FOR SALE' PUBLIC MEETING:
1) That Occupy Auckland support the new group that was formed on Thursday 9 February 2012, at the Unite Office 6A Western Springs Rd, Kingsland – ‘Aotearoa is not for sale’, particularly focusing on opposing the proposed ‘partial privatisation’ of State-owned assets.
2) That Occupy Auckland help organize opposition to proposed State-Owned asset sales, by making available to the public, hard copy ‘submission’ forms which can be sent to Treasury, who are organizing the ‘consultation’, (‘submissions must be in by 5pm 22 February, 2012).
3) That Occupy Auckland concentrate on public ‘outreach’ activities, co-ordinating with as many other interested parties / groups as possible, preferably on a daily basis, including, but not limited to publicizing:
a. Opposition to State-Owned asset sales.
b. Opposition to the NZ Food Bill.
c. Support for the Ports of Auckland workers.
d. Support for the Tamaki Housing Group.
e. Collecting signatures for the petition for an inquiry into the Huljich Kiwisaver prosecutions.
f. Collecting submission forms opposing the sale of State-Owned assets.
That the suggested public ‘outreach’ point be opposite the Auckland Town Hall on Queen Street, but if there are other events on at that time we go there.
That the form of this public ‘outreach’ be, banners on fence, fold-up table and chairs, clip boards, and 'protest ponchos'. Penny is prepared to help organise this activity. ....."
Occupy Auckland Appellant (in my own name).
2013 Auckland Mayoral Candidate