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Legal Challenge to stop 1080 poison drops - Updates - Givealittle

  • Update on donations to Legal Fund     16 September 2019

    Hi All,

    Just a brief update letting you all know that we have been trying to develop up a case against DOC and Ospri. Its a long winded and slow processes they stall at every turn however we will get there!. Most of the money raised is still in the trust account and waiting for a case to be finalised and go forward.

    Much appreciated.

    Alan Simmons.

    Trustee.

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  • July Update.     3 July 2019

    Again so many thanks to everyone who has donated to this cause. I just wanted to bring you up to date with progress on possible actions.

    We have undertaken a series of OIA requests and follow up requests to ensure we have access to all relevant information and to help Sue to assess possible actions. From this have identified over 10 possible legal challenges involving apparent criminal or civil breaches of statutory obligations by DoC, OSPRI and/or poison contractors.

    We have chosen two priority actions which we are developing a case for now. These need to be done soon as they have a statutory limit on bringing criminal proceedings. In both cases the Department of Conservation have delayed providing the information required as evidence to satisfy a court. The OIA act says they are to provide information as soon as practicable but no later than 20 working days. Instead of providing the information promptly and diligently as the law expects, Docs; employees have waited for close to the 20 working day deadline and then advised they are extending another 30 days.

    This is clearly unsatisfactory and contrary to the public interest so I have personally laid a complaint with the Ombudsman as it appears to be a deliberate attempt to run us out of time and could amount to perverting the course of justice.

    In the meantime the Pihanga drop along the Northern side of the Tongariro National Park was stopped by a combination of community efforts and legal action using the Maori Lake Taupo Settlement legislation. An injunction was also submitted to the Maori Land Court to stop the 1080 operation over the Maori owned forests. This was not heard, apparently due to the operation being "called off" BUT then suddenly the 1080 was dropped a few days later without warning. We are therefore considering proceedings as Ospri and Epro made misrepresentations and then went ahead knowing an injunction was before the court.

    This shows the level of deceit and underhanded tactics being used as last ditch efforts to justify poison drops to control TB, even in areas where there are few if any

    possums.

    Both Sue Grey and myself flew to Ubud, Bali (at our own expense) and gave testimony to the International Tribunal of Natural Justice at its latest seatings into Ecocide and Weaponisation of the Ionosphere. They were unbelieving that clean green New Zealand was aerially spreading deadly poison doing and it is likely they will hold a hearing here in NZ later this year or early 2020. Video of our testimony will be available soon.

    Sue also spoke at the related Health Symposium.

    To date we have not paid out any of the funds raised except $200.00 for filing fees for the injunction.

    Tracy Livingston has been added as a trustee to oversee the fund.

    Again many thanks to everyone.

    Alan Simmons

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  • Changes to Legal Challange Funds     17 June 2019

    Hi All,

    Due to the number of very generous donations we have decided to set up a separate bank account for holding the funds in trust and a three person approval process for payouts. Those persons are Alan Simmons, Tracy Livingston and Sue Grey.

    We hope this will provide good transparency and enable us to have an ongoing fund well into the future.

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  • June 10 Update.      10 June 2019

    A very quick update. Sorry not much detail but we need to keep our cards close to our chest as we don't want to disclose our legal options or which poison operations we are focusing in on.

    Right at this moment an injunction is being filed to stop a drop.. Also we and many other people have managed to stop the drop on DOC land along the northern slopes of Mount Tongariro. This was a great example of us all working together.

    We have developed up a legal case and formally requested DoC prosecute Epro and Ospri and are awaiting the outcome of that.

    We also have been gathering information to bring two other cases in the South Island. This process is slow as DOC not only take the 20 working days but are now getting extensions so it takes 40 days to get some needed information. However we now have some damning stuff that should get their attention.

    Please keep spreading the link of the fund and encouraging others to contribute as we will have some real challenges moving forward.

    Cheers

    Alan

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  • Thanks. Things are happening to stop the 1080 poison drops.      20 May 2019

    Hi All,

    I would like to thank you for caring enough to contribute to our campaign to stop 1080 drops. This is just a brief update.

    We have started work on several initiatives.

    Firstly we are trying to get as many 1080 drops stopped as possible in both the North and South Island without having to go to court.

    We have put DOC on notice of many alleged breaches. So far they have been unable to provide the necessary documentation requested to justify their claims that the proposed 1080 drops will be legal.

    We also have written to Ospri and Epro formally requesting they cease all 1080 drops immediately until we can determine the legality in court of what they are doing and warned them that they are the ones legally liable by applying the poison. We await their response which has not been forthcoming.

    As part of the action plan we also have supported Tangata Whenua in questioning the permissions for poisoning on Maori land and our advice has been invaluable in stepping up action within some Maori Trusts.

    Many of the opening shots have been fired and a lot is going on in the background as a result. If DoC are still determined to proceed with any further drops then court proceedings will be necessary. These will include an injunction and or criminal charges against DOC, OSPRI, key staff and contractors. The money already raised has put us in a strong position to commence this.

    Please put the "givealittle" link on your own facebook page to encourage others to support this. https://givealittle.co.nz/cause/legal-challange-of-1080-poison-drops

    Alan Simmons

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