Trouble ahead?

The copy-cat "Occupy" protests start this afternoon in several New Zealand locations, and we smell a rat. If the organisers are expecting this to be a peaceful protest, why are they asking potential "occupiers" to sign this?

For Occupiers in the country commonly known as New Zealand - A friendly NOTICE to the police to remind them of their duties.

by Poppy Just-Poppy on Friday, 14 October 2011 at 22:10

Notice to you.

It is my will, so take notice...

Section 22 of the Policing Act 2008 prescribes an oath in the following form.

“I, [name], swear that I will faithfully and diligently serve Her Majesty Queen Elizabeth the Second, Queen of New Zealand, her heirs and successors, without favour or affection, malice or ill-will. While a constable I will, to the best of my power, keep the peace and prevent offences against the peace, and will, to the best of my skill and knowledge, perform all the duties of the office of constable according to law. So help me God.

This document is a one off notice to you to remind you and hold you to the oath of office you have taken. Only this oath you have sworn gives the mandate and authority to act as and in the office of a constable or higher rank and “according to Law” (common law on the land). Statutes and Acts are not Law as defined within this oath.

I hereby accept and acknowledge for value your oath you have taken and hold you to act under this oath now and always. “So help you God.” We now have a binding contract and if you have not seen me breach the peace or harm or injure anyone or their property or been fraudulent in contract which you would need to prove any such claim you might have right here and now to me, you as constable or higher rank have neither authority nor jurisdiction to act upon me the woman, alive, competent and present here nor do I have any duty or responsibility to answer any questions or comply with any demands you make or orders you might give. Any act or word which may seriously threaten me is now taken as a common assault, a criminal offence, by you and I will not go along with that and will defend my life, liberty and property against any trespass and unlawful and violent acts in any way I see fit at the time as a measure of self defence and according to my claim of right I already have presented in writing to the office of the Attorney General (clearly giving me lawful excuse from any criminal prosecution for doing a lawful act like self defence). This also includes my lawful right to warn, record, report you for unlawful actions. I consider most of you as armed and dangerous with a mistaken belief or mind set that you can harm or hurt anyone you like to service your orders as a corporate policy enforcer (Police Officer) and as an employee of the New Zealand Police Corporation [NEW ZEALAND POLICE] and excuse your acts to yourself and others as acts to keep a man or woman safe from themselves or others. This is very unethical.

If you do not retreat and leave now you are admitting to me that you are intentionally, purposefully and seriously threatening me with your presence and any violent act, which may follow will be commenced and initiated by you. Any implied, informed or expressed consent you may consider or think is or was given anyhow and any time is null and void as it would have been given under duress and protest. I do not consent to trespass.

Please consider your decision to retreat or engage in your mind and heart. I will not answer to you or anyone or comply to you or anyone who impersonates an office of constable or higher rank and who will not stand under and act under his or her oath he or she has taken and made to give any mandate, authority or jurisdiction in case of common law breaches which are all criminal in nature which clearly here is not the case. Thank you for you consideration and I hope we all can live together in harmony and peace and along side each other.

In the capacity of a true Police Constable acting under your oath you have taken, you will be respected, honoured and acknowledged. As a policy enforcement agent you need to make sure that the policies you are trying to enforce are relevant and applicable for the man or woman you are dealing with. The question to ask is simple. Are you are “person” (artificial legal entity) as per statute (Interpretation Act 1999) or are you a natural man or woman in a common law jurisdiction. If some one is in the latter of the two (like myself), unless he or she breaches common law principals like intentional injury to another or damage of property or similar there is no cause for any interaction verbal or otherwise, no need to stop anyone, no need for any kind of detention, no need to give you a “persons name, birth date or address”. There is no injured or damaged party (Police Officer can’t claim injury in a victimless event), no offence being committed, no charge or case or cause or conflict present or applicable, so simple. It might be not acceptable performance of your duty towards your employer not to enforce policies or service orders as directed, as this is actually what you get paid for, and instead you might like to work under your oath of office, then you may have to reconsider your career if what you are asked to do is unethical and harmful to even yourself and against the very oath you have taken to keep peace and prevent breaches of the peace. Following or servicing orders comes with full personal liability and responsibility and accountability also that does apply to any superior who might have issued such orders to be serviced. You are mature enough to know right from wrong.

I wish you well and I write this notice without ill will and in good faith in your righteousness and values towards humanity and the peace and harmony we all can share and to make up your own mind to what is right or wrong, it is called common sense and you have it too.

By:…………………………………………………………, All rights reserved.

Witnessed this ............... day of …................., 2011

By: .................................................................................

This must be one of the most blatant pieces of anti-police propoganda that it has ever been our misfortune to read. And it suggests that the "occupiers" are not only expecting a response from the police; they are courting it. The arrogance of this letter is extraordinary, especially this paragraph:

If you do not retreat and leave now you are admitting to me that you are intentionally, purposefully and seriously threatening me with your presence and any violent act, which may follow will be commenced and initiated by you. Any implied, informed or expressed consent you may consider or think is or was given anyhow and any time is null and void as it would have been given under duress and protest. I do not consent to trespass.

It is the "occupiers" who will be committing trespass (unless they have been given express permission by the Auckland Council to camp in Aotea Square, and yet they are seeking to prosecute the police for doing their sworn duty. We don't know how you feel about this, but to us it just seems incomprehensible and wrong.

We blogged about this protest earlier in the week, and the response was, shall we say, robust. We repeat what we said then; we uphold the right to protest, but the timing of this protest in Auckland is appalling. Having read what we have reproduced above, our fears of public safety issues have simply increased.

We do not call for a violent response towards these "occupiers"; indeed, that's exactly what they want. We urge rugby fans and others enjoying RWC festivities in the city tonight and tomorrow night not to be provoked. And most importantly, we trust that the police will do whatever is required to ensure that ordinary people can go about their lawful business without interruption or impedence from those who are seeking to make a political point.