International criminal court

New Zealand, the darkness that sits behind the country we love.... 

On December 6th, 2023, the New Zealand Government was taken to the International Criminal Court on two criminal charges: Charge 1 - Crimes against Humanity, for the conviction and sentencing of 216,370 New Zealanders without trial. Charge 2 - Genocide, for the senseless killing of an estimated 790 New Zealanders since 2018. 

The case filed under the banner "Nadia Lindsay" is the first of its kind against New Zealand.

The background to the first charge of "Crimes against Humanity" is best summed up by a statement from a Senior Detective within the New Zealand Police. 

"We have arrested and charged innocent New Zealanders, and the Ministry of Justice has Imprisoned innocent New Zealanders". The reality is that we will continue to do so until the law is changed. For clarification, the data provided by the New Zealand Ministry of Justice shows that more than 216,370 New Zealanders have been convicted and sentenced without trial. As a New Zealander, are you comfortable knowing you could be, convicted and sentenced without trial? 

The background to the second charge of Genocide is best summed up by a statement from a councillor at SHINE, New Zealand. Those convicted under the 2018 Family Violence Act face two choices, Prison or Death by Suicide, no one can live under those conditions. 

Suicide statistics in New Zealand are some of the highest in the world, this year 2,818 New Zealanders took their own lives, when you extrapolate that out, since 2018 that is 16,904. The Ministry of Justice statistics show that an estimated 790 of those 16,904 were New Zealanders convicted without trial.   

Incitement to commit suicide is a crime in New Zealand, does this constitute targeted harassment or worst case incitement to commit suicide?

So, what’s driving such a high suicide rate among those convicted without trial? The answer lies in the actions of the New Zealand Police who have confirmed the following: there is no requirement to prove intent concerning no contact. This means that any contact, even accidental or unintentional eye contact will lead to an arrest. Should that happen more than once, the New Zealand Police and the Ministry of Justice will seek imprisonment.

Let me put this maliciousness into context, from my personal experience, 18 years of marriage, lovely children, no convictions, no alcohol or drug-related issues, no complaints of family violence in the past, and no claim of physical violence made. Yet I was convicted and sentenced to a Temporary Protection Order without trial, which should have lasted 3 months, I appealed the conviction and it's now 12 months and I am still waiting for a court date. 

My first arrest came when I was out for a run one morning, about 15km away from my ex-wife’s house when she drove past me on her way to work. I did not see her, but that was irrelevant. She called the New Zealand Police and filed a complaint of eye contact. That night I was arrested and detained. My second arrest came when I gave my children's Christmas presents to a friend. My ex-wife accepted the gifts, had tea with a friend and once she left called the New Zealand Police. I was arrested for in-direct contact.
 

As a result of that arrest, I lost my job, and my apartment. Now living in my car, my life had been ripped apart. The New Zealand Police don’t care about the impacts of their actions on innocent people in the community.
 

I questioned the 2018 Family Violence Act interpretations, and the New Zealand Police provided the following response: "Any contact, intentional or accidental, direct, or indirect will result in an arrest." Even if your ex sees you and the eye contact is accidental or unintentional, she can file a complaint with New Zealand Police under the 2018 Family Violence Act, and we will arrest you.

 With that clarification from the New Zealand Police and the realisation that my ex-wife needed just drive past me and I was going to jail, I lived in absolute fear, I didn’t sleep, and I was too afraid to even leave the house.

The shocking reality is that I'm only one of 216,370 New Zealanders living under these conditions. 

I have heard heart-wrenching stories. A Father I spoke to, had arranged to pick up and drop off his son from school, as his ex did not have a car and asked for help. He was arrested, because one afternoon, after he dropped his son home, he found his ex was drunk. He did the right thing by calling the New Zealand Police, they came and confirmed she was drunk. They called social services, which enraged his ex, and she enforced the no contact aspect of the 2018 Family Violence Act in retaliation. According to the New Zealand Police, a Protected Person can withdraw consent to have contact at any time. The New Zealand Police knowing the background of the situation, and that he was innocent, arrested him anyway. Another innocent Father behind bars. He was detained and denied bail, it took three weeks before a court date could be issued. 

Thankfully, the Judge reviewed the case and released him immediately, and all charges were withdrawn. Sadly, as a result of his arrest, he lost his job and his car, and he may not see his son,

I have been contacted by hundreds of New Zealanders, one Mother has not seen her 3- and 5-year-old girls in 6 months because she was conviction and sentenced without trial. She challenged the conviction as being false and is awaiting a court date. 

Who is responsible for ensuring these orders are not abused or misused? 

In October of 2023, I faced the most dishonest elements of the Police and Ministry of Justice. I was told by the New Zealand Police, that I was not allowed to apply for a discharge without conviction because that was the instructions, they received from my ex-wife. So even though no intent to harm, threaten or intimidate could be established. I was now facing a lifelong criminal conviction, for eye contact and indirectly giving my children their Christmas present.

I was informed by my lawyer, that a Judge would never agree to those demands, as they were a clear violation of my rights in New Zealand. Unfortunately, not only did the judge agree, but he wanted me to promise that I would not apply for a discharge without conviction, as the request made by the New Zealand Police is not enforceable under New Zealand Law. 

Living under this condition is not only inhumane, it's completely impossible. Like hundreds of thousands of New Zealanders in the same position, I have two hard choices in my life: the inevitability of prison or to escape this harsh reality and choose death by suicide.

Because neither option appealed to me, I made the difficult decision to leave New Zealand and take my case to the International Criminal Court. I'm here now, fighting for every one of the 216,370 New Zealanders convicted and sentenced without trial, for everyone facing the hard choices of prison or suicide.

But it comes at a price, I had to miss my sentencing hearing and as a result, I now face a Warrant of Arrest. 

In 2003 under the Labour Government, your Government Helen, you introduced a new Family Violence Law, which allowed the conviction and sentencing of New Zealanders without trial. Since then more, than 216,370 have since been convicted without trial. Then again in 2018 under Jacinda's Labour Government, New Zealand introduced a new addition to the Family Violence Act called the no contact law, in what can only be described as gross incompetence, No intent was associated with no contact. 

Today the Police arrest New Zealanders who are spotted by their exs (the Protected Person) while driving, and they call this in-direct eye contact. No intent to harm, threaten or intimidate has been established and as was in my case, the accused did not even see the Protected Person. 

What’s sad is that of the 216,370 convictions since 2018, three (3) Protected People have been murdered by their partners. That's 3 too many. What’s concerning is that 56,113 of those 216,370 have been arrested while completely innocent, so there was no intent behind the contact, leading to their arrests. A Senior Seargent admitted that the New Zealand Police and Ministry of Justice know those arrested are innocent.

It’s all about statistics, the more arrests and convictions the better the New Zealand Police and Ministry of Justice look to the public. What kind of world do we live in, when statistics are more important than human life?

Now the real Genocide, of the 16,904 people who committed suicide in New Zealand since 2018, an estimated 790 of those, had their lives ripped apart by the New Zealand Police, convicted and sentenced without trial. 

These people lost their livelihoods because of Labour Government's 2003, and 2018 Family Violence Act changes.

That's 790 families losing loved ones, innocent of any crime.

I am asking for a very simple and logical change to the 2018 Family Violence Act, the New Zealand Government needs to amend the no-contact aspect of the 2018 Family Violences Act to stipulate, That an intent to harm, threaten and/or intimidate must be established through contact to progress with arrest and/or imprisonment.   

No more arresting innocent New Zealanders for making eye contact, or indirect contact where no harm, threatening or intimidatory behaviours can be established 

Sadly, Helen and Jacinda as these laws fell under your preview, the charges of Crimes against Humanity and Genocide have been laid against you as well as the current New Zealand Government. I am willing to work with the New Zealand Government to address this injustice.

You will be pleased to know that Family Violence Stats in New Zealand have been falling year on year. While there is a lot more investment required to address Family Violence. This needs to be done at grassroots levels and schools. More money needs to be provided to organisations like SHINE and other programmes that educate No Violence. 

Regards

John