IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CIV-2016-404-2475
[2018] NZHC 1073
BETWEEN CHRISTOPHER JOSEPH O’NEILL
Applicant
AND
ATTORNEY-GENERAL OF NEW ZEALAND
First Respondent
THE DEPARTMENT OF CORRECTIONS
Second RespondentSERCO NEW ZEALAND
Third Respondent
Hearing: 27 February 2018 Appearances:
C J O’Neill, Applicant in person
S M Earl for First and Second Respondents
L Clark and B A Mathers for Third RespondentJudgment:
16 May 2018
JUDGMENT OF PALMER J
This judgment is delivered by me on 16 May 2018 at 3.00 pm pursuant to r 11.5 of the High Court Rules.
.....................................................
Registrar / Deputy Registrar
Solicitors:
Meredith Connell, Auckland (First and Second Respondents) Kensington Swan, Wellington (Third Respondent)
And to:
The Applicant
O’NEILL v ATTORNEY-GENERAL OF NZ [2018] NZHC 1073 [16 May 2018]
Summary
[1] Mr Christopher Joseph O’Neill complains he served a sentence shorter than it should have been, meaning he was eligible for parole later than he should have been. He filed proceedings which were struck out by Associate Judge Christiansen. He applies to review that decision. It does seem Mr O’Neill was denied the opportunity to apply for parole due to an error by the Department of Corrections. But he has failed to plead his case so that the defendants can have any idea of the legal basis for his claims, other than his claim of false imprisonment which is not arguable. Litigants in person are entitled to latitude in abiding by technical legal rules. But they are not entitled to throw a mass of factual allegations at defendants without specifying their legal basis. If Mr O’Neill wishes to pursue any of his complaints he will need to file a proper statement of claim, identifying not only the facts he relies upon but the legal basis for his claim. I decline his application to review the decision.
What happened?
Mr O’Neill’s convictions and sentence
[2] Mr O’Neill was convicted by a jury in the District Court of five charges of criminal harassment and four charges of breaching a restraining order under the Harassment Act 1997. He also pleaded guilty to 10 charges relating to breaches of the Postal Services Act 1998. The charges related to Mr O’Neill sending abusive letters and materials to government departments, ministers, lawyers, judges, court officials, the Medical Council, the Police, the Human Rights Review Tribunal and the Ombudsmen. He also sent such material to friends, relatives and neighbours of some of those people. In sentencing him on 31 October 2012 for these offences, Judge Blackie stated “the material has to be summarised as disgusting and depraved and anybody that writes that sort of material must have been exercising some form of depraved mind”.1
1 R v O’Neil DC Manukau CRI-2011-004-11817, 31 October 2012 at [5].
[3] In sentencing Mr O’Neill, Judge Blackie convicted and discharged him on the postal offences.2 In relation to the Harassment Act charges he sentenced Mr O’Neill as follows:3
(a)In respect of the charges for…
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