Embarrassingly for Judge Blackie, and New Zealand Judges everywhere, the judgment ordering Cameron Slater to hand over his sources to vexatious, nefarious, and obtuse, litigant, Matthew “Blommailer” Blomfield, is only valuable as toilet paper to wipe Matty blowhard Blomfield’s chin.
To put it simply Judge Blackie acted without jurisdiction meaning that the orders contained in his judgment in Blomfield v Slater [CIV – 2012-092-1969], are “without authority, beyond powers, invalid, and thus void and unenforceable”.
In the setting of the Courts, ultra vires similarly means “without authority, beyond powers, invalid, and thus void and unenforceable”. The antonym is intra vires meaning “within authority and power, and thus valid, and enforceable”. That is to simply say that Judge Blackie, being a District Court Judge, and NOT A HIGH COURT JUDGE, did not have the authority or JURISDICTION to make a ruling relating to Mr Slater and his blog Whale Oil handing over documents that were subject the protection found in section 68 of the Evidence Act 2006.
Although we covered this aspect in a previous story we want to isolate the issue for Mr Slaters, Mr Slaters lawyers, and lastly Judges Blackie and Gittos, considerations as to their next move. Mr Slaters counsel Jordan Williams stated the following in errant written submissions to Blackie;
“3.3 This Court has jurisdiction to consider whether the privilege applies under section 68(1) but any further enquiry under section 68(2) can only be conducted by a High Court Judge”
Mr Williams is wrong in law and did not serve his client well. Section 68  states that the only judicial officer that has jurisdiction relating to enquiry under section 68 is a High Court Judge.
Protection of journalists’ sources
(1) If a journalist has promised an informant not to disclose the informant’s identity, neither the journalist nor his or her employer is compellable in a civil or criminal proceeding to answer any question or produce any document that would disclose the identity of the informant or enable that identity to be discovered.
(2) A Judge of the High Court may order that subsection (1) is not to apply
Junior lawyer Jordan Williams will now be infamous for not only getting it wrong on behalf of Slater, but in assisting two Senior District Court Judge’s to get it wrong; both Blackie and Gittos DCJ’s.
Further the Wellington legal firm that employs Williams is none other than Franks and Ogilvie, which has ex Act MP Stephen Franks as one of two partners.
Ultimately Franks should have overseen what his “part time” junior staff lawyer was doing. Lawyers, Franks and Williams, have an absolute duty to inform the Court that it has been “misguided” by errant submission. Further, if they do not act immediately damages could mount against them personally.
This duty to report error to the Court relates equally to after a judgment has been sealed. In the case of the Court being in want of jurisdiction the result would be unequivocal. The judgment on Mr Blomfields interlocutory application dated 26 September 2013 would be recalled and the issue of jurisdiction, or moreover lack of it, would be rectified leaving Mr Blomfield without an order relating to section 68.
Equally New Zealand District Court Judge Blackie has an administrative and moral duty to the litigants, and to the public that he serves pursuant to the oath that he took under section 18 of the Oaths and Declarations Act 1957 to, once apprised of the factual and legal position that he acted without power or authority [ultra vires], recall his errant judgment and remedy his error. The oath Blackie swore when becoming a judge is;
I, Charles Blackie, swear that I will well and truly serve Her Majesty Queen Elizabeth the Second, Her heirs and successors, according to law, in the office of District Court Judge; and I will do right to all manner of people after the laws and usages of New Zealand without fear or favour, affection or ill will. So help me God.”
George Washington said of the role of justice in a free and democratic society
The administration of justice is the firmest pillar of government.
Section 68 of the Evidence Act 2006 determines that only a High Court Judge could have ruled that Slater could not invoke the protection of his sources by deciding Slater and his Blog “Whale Oil” did not amount to being “media”. Because Blackies judgment does not exist in law there can be no appeal, and even if there were an appeal it can only determine that Blackie did not have jurisdiction, and could not entertain an appeal on a matter that did not have an originating aspect in an inferior court.
That is to say that appeals are from determinations that are able to be made in an inferior Court. As only the High Court can make a determination under section 68 of the Evidence Act 2006, this would require the originating proceeding to be filed in the High Court. Blomfield and Blackie are fucked.
This jurisdictional error renders the decision void and without power to enforce, and surely Judge Gittos should have known this. He is equally required to recall and remedy his judgment on Blomfields application to hold Mr Slater in contempt so far as he states that Mr Slater should give the disputed material to be held by the Court until the determination of the appeal. An appeal that cannot occur.
Mr Slater if you are reading this – act quickly to write a memorandum to Judge Blackie, Mr Franks, and the head of the District Court and the Judicial Conduct Commissioner stating the obvious and asking them to comment given the urgent nature of your predicament. We would not follow such an obtuse order by Blackie and we would tell him to fuck off back to law school.
District Court Judges can be removed from office on issues of competency and surely both Judges Gittos, and Blackie, should have complaints made out that they were either incompetent or corrupt. How they act now will establish their integrity either way. Mr Slater, once you have the judgment remedied, apply to strike out the proceeding as an abuse of process. LF have advisors standing by to assist you with submissions, affidavits, and any other documentation that you require.
LF is very much aware that despot Judges like Blackie and Gittos would love to see all manner of bloggers hung, drawn, and quartered, but that will not happen on our watch. Then there are the likes of judge Harvey that are up to speed with the real world and who “get it”. The corridors of power no longer exist inside government buildings, but are ether corridors that instantly allow the dissemination of material to a worldwide audience from an individual’s computer. The individual can and will have a voice not subject to conservative control.
This defamation case by Blomfield proves that the Courts are biased as against those that want to advance truth about the likes of Blomfield – who is a complete and utter fuckwit and scumbag.
LF has been promised from various sources that a large brown box is going to arrive from Santa Slaters supporters containing around 5000 emails from Blomfield, which prove every statement made by Slater about Blomfield are accurate. Those being that Blomfield is a liar, cheat, fraudster, thief, and above all a “cocksmoker”.
We hope that Mr Blomfield does not take offence or misinterpret what they are saying as being defamation. No they are just letting Mr Blomfield know that he can sit and spin on it over Christmas whilst his reputation is appropriately decimated over the world wide web. Heres a little taster of what Blomfield says to his business associates in just couple of the many emails LF has been given;
From: Matthew Blomfield
Date: 4 November 2008 11:48:25 AM PST
This deal is not happening you are not going to “stick to your agreement” I am offering you a deal I would like 40k full and final settlement of all things murder burger and never have anything more to do with you. Why? after we concluded this you talked to a lot of people about me and what you said was not positive. So on that basis I do not need a phone call or anything else from you as you do not play nice and as I have said to you in the past listen more talk less. If this money is not in my account by Friday I will slowly unpack your life including your relationship with your wife as you have with me.
Try me on this one Paul this time its not a game and I have taken this very personally as I considered you a very good friend but now I am going to burn you so that you know how it feels.
Account details as follows:
03 1322 0140123 000
From: Matthew Blomfield
Subject: Without Prejudice and as per the terms in the footer of this email
Date: 23 August 2008 6:52:50 PM PDT
To: (redacted), (redacted)
Cc: (redacted), (redacted) , (redacted)
Without Prejudice and as per the terms in the footer of this email
In the past things have happened without your knowledge. You have had the unpleasant experience of waking up on a Sunday morning and reading the paper and questioning how this happened I think the answer is simple. I can assure you I know how it happens. Up till now I have not planed an attack or even spent that much time thinking about how I can damage your business and the Hell brand. So my point is what would happen if I really spent some time focusing on this?
This is not a threat but a response to a threat Colin has made. He has been talking to a number of people even good friends of mine about his intention to “bring me down”. As you may or may not know on Wednesday last week the Westpac Bank released all charges over all the assets of my company Black Trading. Further to this a new charge holder has taken Westpac place as first charge holder Black Rural Developments. This means I am now looking to completely remove my self from the Hell brand by selling the stores. I am not asking your help but telling you that it is best for you to let this happen and let it happen quickly.
To demonstrate I will tell you what I have not done.
I have not responded to the media who have asked if I will do a story on Dominoes taking over the Hell stores.
I have not supported the class action case that is currently getting serious momentum.
I have not lodged my own proceedings against TPF in relation to the way you have stopped me from selling my stores and other matters.
I have not in anyway said anything to damage the sales process when asked questions about Hell and TPF.
I have not called all the people I know in the media to see who is interested in doing a story on this very messy situation.
I have not asked my lawyer to step aside because this has become a personal attack on my family and I.
I would like to ask that one of you call me by 5pm Monday to discuss these and other points and look at parting ways or come Tuesday I will be preparing documentation to start a very painful and public attack on you and your company. This will include funding of the class action that the franchisees are planning. I can also assure you that I am now in funds to do this and I will happily spend every cent I have to bring you to your knees. It will happen quickly and you will notice it within a week I can assure you of this.
I am not interested in phone calls from Glenn or Colin.
Now we have termed these emails “blomails”, our reasoning? Well “Blomails” are emails that contain very nasty threats and intimidation that would under normal circumstances amount little more than blackmail if anyone took them seriously. By Christmas time Matthew Blomfield will have to change his name by deed poll to rid himself of a deserved reputation, rather than promoting ludicrous defamation proceedings.
No its not Matt, its Matts boyfriend. According to Matts wife Matts not gay but his boyfriend is. Matt however appears to have a seriously strange fetish, he allegedly gets his rocks off distributing condoms around one of the local churches….go figure? Now before Mr Blomfield claims that this is defamation – it is not. It is a really bad joke, not the bit about the condoms – something that we thought Mr Blomfield would identify with, given that his life appears to have been one really, really, really bad joke, and is only going to get much worse as a result of electing to take on the blogosphere.