Re: Domestic
Violence Act and Human Rights abuses.
In previous correspondence
I have mentioned that NZ is signatory to international conventions on Human
Rights. Accordingly I have forwarded to you a copy of the UN Declaration Of
Human Rights (1971), and a summary of the UN Universal Declaration Of The
Rights Of the Child. It would appear that the New Zealand Government is in
breach of these Declarations.
(1) UN Universal Declaration of Human Rights (1971).
(1 and 2). New Zealand males
are accorded lesser rights than females. New Zealands Human Rights Act
makes it an offence to discriminate on the grounds of sex, yet the NZ Government
routinely discriminates against males and is exempt from the provisions of
this Act. The NZ Government is New Zealands biggest violator of this
Act. New Zealand males are also denied the rights contained in the New Zealand
Bill Of Rights Act.
(3) New Zealand males are
subject to arrest, and are arrested on the basis of unsubstantiated allegations
where there is no evidence that any offence under NZ legislation has taken
place that would render an offender liable to arrest. In effect every NZ male
is a target for abuse and discrimination and has little recourse in NZ law.
(5) New Zealand males are
arbitrarily arrested on the basis of unsubstantiated allegations and imprisoned
in substandard conditions, denied exercise, and abused both physically and
psychologically by the NZ Police.
NZ males are arbitrarily removed
from their homes on the basis of unsubstantiated allegations and prohibited
from returning upon pain of imprisonment. Under NZs Domestic Violence
Act, this process of eviction occurs ex parte and the victim has no right
of defence before the fact. He is in fact considered to be guilty.
NZ males are denied access
to their children on the basis of unsubstantiated allegations. This process
is also ex parte.
(7) NZ males have less legal
protection than females. The NZ Police will arbitrarily arrest and imprison
males on an unsubstantiated allegation of assault made by a female, yet should
a male make a complaint of assault by a female the NZ Police are most reluctant
to act, even if there is evidence of an assault and the assault was witnessed.
The Judiciary will not convict a female of assaulting a male, unless the assault
is serious; yet will convict a male of assault against a female on the basis
of an unsubstantiated allegation and despite a lack of any evidence whatsoever.
S 194 Crimes Act 1961 - Male
Assaults Female - contains penalties that are more severe than those contained
in S196 - Common Assault - the offence a female would be charged with in the
unlikely event she is arrested and charged by the NZ Police after assaulting
a male. S194 Crimes Act - Male Assaults Female - should be immediately revoked.
Bias in the enforcement and application of the law notwithstanding, S194 Crimes
Act 1961 is in violation of the Human Rights Act.
(8) The NZ Police, Department
for Courts, and Judiciary are biased against males.
(9) NZ males are subject to
arbitrary arrest and detention under NZs Domestic Violence Act and Crimes
Act.
(10) NZs Family Court,
Criminal Court, Judiciary, and NZ Police are biased against males in both
domestic violence and matrimonial matters, in addition to matters of assault.
In general the enforcement and application of NZ law is heavily biased against
males.
(11) In matters of domestic
violence, males are arbitrarily arrested and imprisoned even on the basis
of an unsubstantiated allegation. They are in fact considered to be guilty
and have to prove themselves innocent of the criminal charges made against
them. Not only do they have to prove innocence, but many males are also denied
a fair hearing because they are unable to afford the considerable costs involved
in proving innocence. Many males are convicted of an offence because they
are unable to afford competent defence counsel, and are even convicted of
an offence despite the existence of legal precedents in favour of the defendant.
UN - Declaration Of The Rights
Of The Child.
Many thousands of New Zealands
children are denied access to their father on the basis of an unsubstantiated
allegation made against their father and the enforcement of an ex parte Protection
Order and Interim Custody Order made under the biased and discriminatory Domestic
Violence Act. Children have a right to be with their family, yet are excluded
from this process. Custody of children is almost without exception given to
females even if it is the female who is violent, has a history of mental instability,
or who has a criminal record and is unable to adequately care for any children.
The standard of living of
many children is compromised by the biased enforcement of the Domestic Violence
Act and the discrimination inherent in this Act. Fathers/males are arbitrarily
removed from the scene and children placed under undue stress and anxiety
on the basis of an unsubstantiated allegation.
The New Zealand Government
allows children to be used as weapons against the other party in domestic
violence and matrimonial matters and will disregard any input made by males
other than financial. The rights of males and children are disregarded with
the focus being placed almost entirely on the mother/female.
In domestic violence matters
the opinion of any children of a relationship is not asked for. Protection
Orders and Custody Orders are made on the basis of an unsubstantiated allegation
by a female and made by the Court on an ex parte basis. Children are only
included in the process after the fact of removal of the father/male, and
the counsel appointed by the Court, and indeed the Court itself, is frequently
biased and therefore does not act in the best interests of the child, with
the interests of the child being made subservient to the need to be seen to
acting in a politically correct manner in accordance with biased and misandrist
legislation.
Thank you for your attention
to these matters.
Sincerely,
Alan Sutherland
Victim of domestic violence
and bias in the enforcement and application of the law.