20180506 Penny Bright Update
NZ ANTI-CORRUPTION WHISTLE-BLOWER Penny Bright UPDATE!
(Sunday 6 May 2018 10am)
HEARING DATE FOR MY INTERIM INJUNCTION APPLICATION CONFIRMED:
Hearing of my interim injunction application has been scheduled:
10am on Monday, 14th May 2018 at the Auckland High Court
Waterloo Quadrant (opposite Auckland University).
Although I’m sick, tired and legally unassisted, I managed to make the (extended) Court deadline of 5pm, Thursday 3 May 2018.
I filed my submission, a Second Affidavit myself and Affidavits in support of my Interim Injunction Application from Auckland Councillors Cathy Casey and Wayne Walker.
There is considerable public and media interest in this case.
I will be arguing that this was a malicious prosecution by Auckland Council CEO Stephen Town who has already tried to destroy my reputation;
is trying to destroy my livelihood by forcing me out of my home from where I live and work;
is trying to ruin me financially by forcing the rating sale of my only asset, my freehold home valued at $1,040,000 by potentially accepting a tender of $750,000; and because of the huge stress that this blatantly unjust municipal bullying and harassment has caused me - is destroying my health.
(Information, facts and evidence which IMO, prove how conflicted is CEO Stephen Town in authorising the forced rating sale of my freehold home is available here in this article, which you won’t read anywhere else:
What’s Wrong With This Picture? - Kiwisfirst
http://www.kiwisfirst.com/whats-wrong-picture/
I will be also be arguing that all that was required by Auckland Council to secure the Judgment Debt over my disputed rates was to get a Charging Order placed over the title of my freehold property.
That was never done.
The precedent was set under Auckland City Council, where I was disputing and refusing to pay rates because of the lack of transparency in the spending of public rates monies on private sector consultants and contractors.
I was taken to Court, lost, and Auckland City Council were awarded a Judgment Debt, which was secured by a Charging Order against the title to my property.
Auckland City Council did not bully, harass me, attempt to force me into applying for rates postponement or threaten to sell my freehold home.
In fact - quite the opposite happened.
The Auckland City Council Eden/Albert Community Board gave me a ‘Good Citizen’s Award’ for my work opposing water privatisation and supporting more transparency in Council contracting.
https://www.nzherald.co.nz/nz/news/article.cfm…
“Perennial protester Penny Bright - arrested 22 times, often at Auckland City Council meetings - has received a "Good Citizen" award from a council community board, The Aucklanderreports.
The outgoing Eden Albert Community Board's chairman, Christopher Dempsey, says the controversial character is being honoured for focusing attention on water privatisation and pushing for transparency in council contracts.
...”
So - why have I been subjected to this, IMO, disproportionately severe treatment by the CEO of Auckland Council, Stephen Town, the only person who is authorised to initiate a forced sale?
Because, IMO, I am a consistent and persistent anti-corruption ‘whistle-blower’ who has refused to back down in my fight for transparency and compliance by Auckland Council (and CCOs) with the statutory requirements of the NZ Public Records Act 2005, section 17.
WHAT DO I WANT?
I want the Interim Injunction granted to stop the forced rating sale of my home.
I then want to proceed with the Judicial Review over the breaches of natural justice that led to this forced rating sale by a conflicted CEO who has initiated, IMO, a malicious prosecution of a citizen anti-corruption whistle-blower, who has been trying for the last 11 years to get lawful transparency in the spending of public rates monies on private sector consultants and contractors.
As per s.17 of the NZ Public Records Act 2005.
http://www.legislation.govt.nz/…/2…/0040/31.0/DLM345729.html
Part 2
Recordkeeping requirements
Subpart 1—Key duties
17Requirement to create and maintain records
(1) Every public office and local authority must create and maintain full and accurate records of its affairs, in accordance with normal, prudent business practice, including the records of any matter that is contracted out to an independent contractor.
(2) Every public office must maintain in an accessible form, so as to be able to be used for subsequent reference, all public records that are in its control, until their disposal is authorised by or under this Act or required by or under another Act.
(3) Every local authority must maintain in an accessible form, so as to be able to be used for subsequent reference, all protected records that are in its control, until their disposal is authorised by or under this Act.
______________________________
In the meantime, Auckland Council could (belatedly) secure the Judgment Debt with a Charging Order against my property, and work with me in a constructive and positive way to ‘finish the job’ and complete the opening of the books to ensure the following details of awarded contracts are published on the websites of Auckland Council and Auckland Council CCOs.
* The unique contract number.
* The name of the consultant/ contractor.
* A brief description of the scope of the contract.
* Contract start/finish dates.
* The exact dollar value of each and every contract - including those sub-contracted.
* How the contract was awarded - by direct appointment or public tender.
MY HEALTH
I still don’t yet have the prognosis for my suspected ovarian cancer.
It is my intention to go to Auckland hospital on Monday 7 May 2018 to find out what’s happening.
However, I can confirm that it is a huge load off my mind (and body) to have that legal paperwork filed.
I’m also having acupuncture and taking a variety of natural supplements.
(My appetite has somewhat improved - which is a good sign!)
Now - just have to win the Interim Injunction!
WHAT CAN YOU DO TO HELP?
Sharing this post FAR and WIDE would be a huge help
🙂
Coming to the High Court on Monday 14 May 2018, from 10 am (inside the Court) in support would also be marvellous- if you can make it?
Thanks!
Her Warship
