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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
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Experience:  34 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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if a 2 council managers conspire and bring criminal charges

Customer Question

if a 2 council managers conspire and bring criminal charges against a person knowing they were not guilt then 9 month later remove the charges in court for the reason of ; not the proper party charged ,under a O I act clear evidence shows unrefutable evidence of gross misconduct / bad faith.
Can the defendant bring a private prosecution against them for conspiracy ? regards richard
Submitted: 1 year ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 1 year ago.

 

christhelawyer : HiWelcome to JustAnswer. My first response will follow shortly. Please feel free to follow up if anything is not clear
christhelawyer : You have several options including misfeasance in public office, and seeing for wrongful prosecution. These could be used. You can also seek costs in the criminal case if the prosecution was misconceived
<span class="JA_chatAuthorName"Customer:

hi we have already applied for costs which was judged on papers the judge say he would find for us proves the charge should never been laid and continued but cost 1988 give $ 240 per half day of court time .the problem my barraster had no court time as the case was put off 3 times and breifs werent given for 9 months then show they were bring charges for a false reason givng us a complete defence our barraster told then that and then the charges were withdrawn before the main court hearing. regards

christhelawyer : Perhaps malfeasance in public office may sort this out better, a civil claim
<span class="JA_chatAuthorName"Customer:

answers please

christhelawyer : The costs remedy is limited because the amounts are not high under this heading.
christhelawyer : A private prosecution would not work because this would need proof of criminal intent, and while this seems to have been at least incompetent I think you are better off suing for malfeasance in public office.
christhelawyer : Do you want to know more about this?
<span class="JA_chatAuthorName"Customer:

answers please ; With clear evidence will police bring the charge of misfeasance against a public officer or would it have to be a private prosecution ? Is lying in briefs perjury even although the court case was withdrawn ? If a lawyer brings a criminal charge for a council against a party but proof is that he knew it was false ,and he also refused to supply brief for many months and then withdrew the charges because we were not the proper party wedidnt own the alledged buildings/caravan and were not doing any building work, He knew this fact and others (not only not guilty but the notice to fix that cause the charge was wrong ! a vehicle and not subject to a N T F, from the start ) in letters to council he said tell me to wof & reg it and that will stop the n t f. He kept to case going 9 months charging council over $30,000 fees and when we entered evidence about the WOF & REG letter in your cost claim showing he knew, he then left his law firm and resigned as a partner., What is my best action .law soc,court etc Is there a law firm specializing in my problem that would help in only making sure and guiding a person taking a private prosecution . You are free to ph me about this very unusual case kind regards XXXXX XXXXX XXXXXXX XXXXXXXXXX

karla-cssm41427.1155071875
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 19380
Experience: 34 years qualified as a lawyer; LLB, MMgt and FAMINZ.
Chris The Lawyer and other New Zealand Law Specialists are ready to help you
Expert:  Chris The Lawyer replied 1 year ago.
Malfeasance in public office is a civil claim and not a criminal case so the police are not able to help. You need to bring a claim in the District Court for this as a civil claim. You can complain about the lawyer to the New Zealand Law Society and the correct details for this are http://www.lawsociety.org.nz/home/for-the-public/lawyers-complaints-service. You can complain about the way this prosecution was unfairly handled and that he failed to act in the impartial and fair fashion expected of a prosecuting lawyer. Lies of untruths in a brief of evidence are not perjury, because perjury applies only to lieing on oath, after you have been sworn as a witness. If you advise the city I can suggest some names.
Customer: replied 1 year ago.

Im in Central Hawks Bay but the problem with using a local lawyer is the old boys metwork i prefer to use i1 out of this area to just help/guide me with me bring/fileing the /charges/claims p.s I believe i have clear evidence of intent and would rather lay charges with the police if misfeasance is a crime that they can investigate , thank so much for your help ,regards richard

Expert:  Chris The Lawyer replied 1 year ago.
Malfeasance in public office is not a crime and I do not think the police would help. Another remedy would be the Ombudsman because they deal with issues of unfairness, and you do not need a lawyer for a complaint to them. They also have better access to the local authority files. But if you want someone effective who is a lawyer try Tony Ellis in Wellington who is an expert on this sort of issue
Customer: replied 1 year ago.

been to ombudsman about 1 year ago proir to trial, they had 1900


cases and they were very ineffective


Surely it must be a crime to charge a person knowing them to be not guilt, what crime is it ? regards

Expert:  Chris The Lawyer replied 1 year ago.
Now that the trial is over and you can show the case was fatally flawed, the ombudsman may be more interested.

The problem with the prosecution is where you draw the line between someone being very incompetent and acting maliciously. I gather your view is that their actions went beyond incompetence and crossed the line to malicious. There are some criminal remedies around this process, but I am not sure in your case. We discussed perjury, which only applies when someone is on oath. Possibly you may say it was conspiracy to pervert the course of justice. That level is often to hard for the police to prosecute and they tend to pass this on to the Crown Solicitor. The solicitor general in Crown Law would need to approve such a prosecution.

My concern is that it may be easier to sue in the civil court where the burden of proof is the balance of probabilities, and in the criminal court it is beyond reasonable doubt.
Customer: replied 1 year ago.

i understand and will contact the lawyer you recommended but just to satisfy a old man with absolute evidence, what is the criminal charge regards

Expert:  Chris The Lawyer replied 1 year ago.
The Crimes Act 1961 says
115 Conspiring to bring false accusation
Every one who conspires to prosecute any person for any alleged offence, knowing that person to be innocent thereof, is liable—
(a)to imprisonment for a term not exceeding 14 years if that person might, on conviction of the alleged offence, be sentenced to preventive detention, or to imprisonment for a term of 3 years or more:
(b)to imprisonment for a term not exceeding 7 years if that person might, on conviction of the alleged offence, be sentenced to imprisonment for a term less than 3 years.
Customer: replied 1 year ago.

yes, I know 115 Last questions ; Under ( b ) above is less than 3yrs : : what about if it could only be a fine if the false charges could be impose and a criminal conviction with up to $200,000 plus $40,000 fine per day, it went on for many months making it a possible $ 2,000,000.00


Last question in their briefs there is clear liars that were being bought before the court . Can the briefs be bought into evidence in a future case


p.s. opur barrister has proven it was bought in bad faith and gross misconducted was excepted by the judge on papers he found for us but only could award cost to the 1988 scale being no cost


regards

Expert:  Chris The Lawyer replied 1 year ago.
This would be the second category, b, because it is 3 years or less. The charge you faced had no jail, but this comes under the "or less" part of the section.
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 19380
Experience: 34 years qualified as a lawyer; LLB, MMgt and FAMINZ.
Chris The Lawyer and other New Zealand Law Specialists are ready to help you
Customer: replied 1 year ago.

Hi Can briefs be entered as evidence /of intent in a later case , or what can be done about the clear mistruths,that purposely bought the false criminal charges ? regards


p.s their corispondance shows they have said 5 different untrue reason for bring the charges and changing it as they see that reason will be discredited A VERY CLEAR CASE OF BADFAITH / GROSSMISCONDUCT of a C E O and a REGS MANAGER giving instructions to their staff to assist/coverup.

Expert:  Chris The Lawyer replied 1 year ago.
You can use anything you have been given from the council file to provide evidence, and in your analysis, use this to prove the matters you need to show. The briefs certainly can be used, not necessarily as the proof of what they say, but as the evidence of the bad faith.
Customer: replied 1 year ago.

Hi Thankyou ,From what info you have got from me ,how unusual is this case ?


ps i have elected councillors on my side who have seen other lies from this pair, but can do nothing to remove this c,e.o.and his regs manager

Expert:  Chris The Lawyer replied 1 year ago.
I have not seen this before in New Zealand but suspect this may have happened before and been suppressed.
Customer: replied 1 year ago.

just to finish


I was doing a property development of 24 sections council told me to stop, even although they knew we had sold the section and others had moved their caravans on. They told them to put them on piles and when they didnt they put the ntf on our company and then said if we didnt put our neighbours caravan on piles they would issue another ntf ,which they did and threatened to remove then of site, later done a dawn raid on the old sick owners


We had backing from the building a


nd housing and got a opinion from their head expert saying it a vehicles and outside the building act (see t/me bw768 for photos) after charges were remove in court council said the 2 ntfs remain so we now await a determination from the b&h as to them being vehicles (.out in 2 weeks)


From june 2011 our develepment has been stopped with a loss of about $ 600,000.we will soon file for damages but the main thing is that i dont want them to do it to anyone else


Would you guide me if i bring a private prosecution

Expert:  Chris The Lawyer replied 1 year ago.
I can answer questions about the process as you proceed
Customer: replied 1 year ago.

Thankyou do you want to be involved ?


Its great to have a second opinion as my barraster M Talbot is very busy and hard to contact at times, i dont like to bother him with question all the time, regards RICHARD

Expert:  Chris The Lawyer replied 1 year ago.
There are some restrictions on this site because we are not meant to act for people personally from this site. Having said that you are welcome to ask questions about general issues from the issue
Customer: replied 1 year ago.

OK, more info 4 you ;in papers their new laywer claimed the reason they charged us was;


The regs manager had done a title search the day of issuing the ntf ,and it showed us as the owners. we made a Off Inf act request to the lands and survey which showed that no search was done and they never even logged in. A title search was only done 4 months later just before the charges were laid.We put this in our papers reply


 


In their files it showed that they knew it had been sold and we never owned the caravans/alledged buildings and a ntf has to be against the owner or the person doing the work and we were none of those .


 


I dont wish to be mean with you and im not sure how much ive paid you im not good with computers or spelling as you can see.


Can we come to some arrangement within this platform?or ?


kind regards

Expert:  Chris The Lawyer replied 1 year ago.
You can ask questions, which others do on a repeat basis. That may suit what you need. You will only be charged once for this strong of questions however, which is probably good value. I think new questions should start on a new topic however.
Customer: replied 1 year ago.

does that mean ive only paid you once but rated you several times ? regards

Expert:  Chris The Lawyer replied 1 year ago.
Yes
Customer: replied 1 year ago.

sorry about the t/me numbers,they are;600571000,,591410626,,591412448
regards

Expert:  Chris The Lawyer replied 1 year ago.
Ok

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