THE TEN-STAGE PROCESS

STAGE ONE. BUILD YOUR FILE.

This stage is done privately. No contact with the individual man or woman yet.

Gather every document relevant to the alleged offence. Organise them chronologically. Reference each document to the specific offence it supports. Prepare a brief summary of each document and its relevance. Prepare a written statement of the harm caused. Name the harmed man or woman. Describe the harm. Quantify it. Identify your witnesses. Prepare their written statements. Keep originals safe. Make copies for service.

Do not proceed to Stage Two until your file is complete. An incomplete file weakens everything that follows.

STAGE TWO. FORMAL NOTICE OF CLAIM AND WARNING.

A formal Notice of Claim and Warning is served on the individual man or woman personally. Not the organisation. The individual living man or woman in their personal capacity.

SERVICE METHOD. Registered mail. Return receipt requested. Keep the receipt. Also serve by email to their official address. Screenshot the sent email. Keep everything. Date and time stamp all records.

THE NOTICE CONTAINS.

ONE. Your full name and standing as a living man or woman.

TWO. The full name, position, and details of the individual man or woman being noticed.

THREE. The specific acts or omissions alleged. Referenced to the specific section and Act.

FOUR. A reference list of supporting evidence attached to the notice.

FIVE. The identity of the harmed man or woman and a description of the harm caused.

SIX. A demand to cease the offending conduct immediately.

SEVEN. A demand to remedy the harm caused within fourteen days.

EIGHT. A clear statement that failure to respond or remedy within fourteen days will result in escalation to New Zealand Police, relevant oversight bodies, the courts, and the public record.

NINE. The response deadline. Fourteen days from confirmed receipt. Stated clearly.

TEN. Your execution block. Executed by you as a living man or woman. In red ink. Right side of the page. Witnessed by two living men or women.

A template for this notice is available for download at the bottom of this page.

STAGE THREE. PARALLEL NOTIFICATION TO POLICE.

On the same day the notice is served on the individual man or woman a separate formal letter is sent to the New Zealand Police. Specifically, to the Officer in Charge of the relevant district Police station.

THIS LETTER CONTAINS.

ONE. Notification that a formal Notice of Claim and Warning has been served on the named man or woman on the named date.

TWO. A summary of the alleged offences with section and Act references.

THREE. A copy of the notice served and all supporting evidence.

FOUR. A formal request that the Police investigate the alleged offences under their statutory duty pursuant to section 9 of the Policing Act 2008.

FIVE. A statement that if the Police fail to acknowledge and act within twenty one days that failure will be documented and placed on the public record.

Service by registered mail. Keep the receipt.

STAGE FOUR. PARALLEL NOTIFICATION TO OVERSIGHT BODIES.

On the same day or within twenty-four hours the relevant oversight bodies are formally notified in writing by registered mail.

The relevant oversight body will depend on the nature of the offence and the position of the individual man or woman concerned. Research the correct oversight body for your specific situation. Use the legislation reference sheet and educational content provided on this page to guide your research.

Each notification is a separate registered letter. Each one creates a separate documented record. Each one places another official on notice. Each one that fails to respond adds to the documented pattern of institutional failure.

STAGE FIVE. THE RESPONSE PERIOD.

Fourteen days from confirmed receipt of the notice.

During this period you do nothing further with the individual. You wait. You document. You prepare for each possible outcome.

THREE POSSIBLE OUTCOMES.

OUTCOME ONE. They respond and remedy. Document it fully. Keep it. The matter may be resolved. The record still exists permanently.

OUTCOME TWO. They respond but do not remedy. Their response is now evidence. It tells you their position. Prepare your next step using their own words against them.

OUTCOME THREE. They do not respond. Silence is now documented. Proceed to Stage Six.

STAGE SIX. NOTICE OF DEFAULT.

If no adequate response is received within fourteen days issue a Notice of Default.

Served by registered mail. Copies to Police. Copies to all oversight bodies previously notified.

THE NOTICE OF DEFAULT STATES.

ONE. The original notice was served on the named date. Proof of service attached.

TWO. The response deadline was the named date. No adequate response was received.

THREE. The facts stated in the original notice stand unrebutted on the record.

FOUR. The individual man or woman is now in default.

FIVE. The matter will be escalated within seven days to criminal complaint with Police, court proceedings, and the public record unless remedy is provided.

SIX. This is the final opportunity to remedy before formal proceedings commence.

Seven days. Final deadline. Clearly stated.

A template for the Notice of Default is available for download at the bottom of this page.

STAGE SEVEN. FORMAL CRIMINAL COMPLAINT TO POLICE.

If the final deadline passes without remedy a formal written criminal complaint is laid with the New Zealand Police in person at the relevant district Police station.

THIS IS A FORMAL WRITTEN DOCUMENT. NOT A VERBAL REPORT.

IT CONTAINS.

ONE. Full name and standing of the complainant as a living man or woman.

TWO. Full name and details of the individual man or woman alleged to have committed the offence.

THREE. The specific offences alleged. Section by section. Act by Act.

FOUR. The complete evidence file. Every document. Every notice. Every response or non-response. Every registered mail receipt.

FIVE. A formal demand that the Police investigate and act under their statutory duty.

SIX. A statement that failure to act within twenty-one days will result in a complaint to the Independent Police Conduct Authority.

Deliver live. Two copies. One lodged. One receipted and returned to you. Keep the receipted copy permanently.

A template for the formal criminal complaint is available for download at the bottom of this page.

STAGE EIGHT. PUBLIC RECORD.

Simultaneously with Stage Seven or shortly after the full documented record is placed on the public record.

The public record is not defamation. It is documented fact. Every statement is supported by evidence already on the record. Every allegation references a specific statutory provision. The individual man or woman had every opportunity to respond and remedy. They chose not to. The public has a right to know.

HOW TO PLACE MATTERS ON THE PUBLIC RECORD LAWFULLY.

ONE. Publish the documented record on a public platform. Every notice. Every response. Every default. Every failure by Police and oversight bodies to act. Facts only. Evidence only. No opinion. No commentary beyond the documented record.

TWO. Share with community networks. Whanau. Hapu. Community groups. Other living men and women who have experienced similar conduct.

THREE. Submit to independent media and journalists who cover accountability matters.

IMPORTANT. Every statement published must be a documented fact supported by evidence already on the record. Do not publish opinion as fact. Do not publish allegations not supported by your evidence file. Stay strictly within your documented record at all times.

STAGE NINE. COURT PROCEEDINGS.

If Police fail to act and the public record has not produced a remedy the matter proceeds to court.

TWO PATHWAYS ARE AVAILABLE.

PATHWAY ONE. PRIVATE PROSECUTION.

Under section 14 of the Criminal Procedure Act 2011 a living man or woman can lay a private prosecution for a criminal offence. The information is filed with the court. The court issues a summons. The individual man or woman must appear and answer the charges.

PATHWAY TWO. CIVIL PROCEEDINGS.

A claim for damages may be filed in the appropriate court. Relevant causes of action include negligence, misfeasance in public office, and breach of the New Zealand Bill of Rights Act 1990.

Misfeasance in public office is a particularly powerful cause of action. It attaches personal liability to the individual man or woman acting in an official capacity. Not the organisation. The individual personally. Their personal assets. Their personal liability.

The four elements required are.

ONE. The individual was acting as a public official.

TWO. The individual exercised a power or duty in that official capacity.

THREE. The individual knew they had no power to do the act or were recklessly indifferent to that lack of power.

FOUR. The harmed man or woman suffered loss as a result.

Research the correct pathway for your specific situation before proceeding. The legislation reference sheet on this page provides the relevant statutory provisions as a starting point. Always verify current legislation at legislation.govt.nz.

STAGE TEN. CITIZENS ARREST.

If all nine stages above have been exhausted and the offending continues and causes ongoing harm a citizens arrest may be considered under sections 35 and 37 of the Crimes Act 1961.

THE PRECISE REQUIREMENTS BEFORE ACTING.

ONE. You must witness the offence being committed or have reasonable and probable grounds to believe it has been committed.

TWO. Your complete documented evidence file must be ready and in your possession.

THREE. At least two witnesses must be present. Living men and women. Never act alone.

FOUR. You must inform the man or woman clearly at the moment of arrest of the specific offence for which they are being arrested. This is a requirement under section 316 of the Crimes Act 1961.

FIVE. You must immediately contact New Zealand Police after the arrest and follow their directions. This is mandatory under the Crimes Act 1961 as amended. Failure to do so removes your lawful protection.

SIX. Use no force unless the man or woman attempts to flee or cause harm. Reasonable force only. Document any force used immediately afterward.

SEVEN. Proceed directly to the nearest Police station. Do not detain the man or woman longer than necessary.

THE WORDS TO USE AT THE MOMENT OF ARREST.

I am your full name. A living man or woman. I am placing you under citizen’s arrest pursuant to section 35 of the Crimes Act 1961. You are being arrested for the offence of name the specific offence and the specific section of the specific Act. You are required to accompany me to the nearest Police station. You will be treated with dignity throughout this process.

Say those words clearly. Say nothing else until you reach the Police station.