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Dear Chris,

I thought I had better flick you an email as I was reading over some legal criticisms of The New Zealand Bill of Rights Act 1990 and noticed that since the Act is not higher law and does not “override” other laws, the Courts must interpret other laws consistently with the Bill of Rights Act if at all possible. All bills are assessed for consistency with BORA before they are introduced into Parliament, and yet we see Cannabis Sativa introduced into the schedules of the Misuse of Drugs Act back in 1975 before we knew of it’s medicinal values and before NZ had any constitutionally guaranteed rights, without any debate in parliament and absolutely no public consultation whatsoever!

Now I understand that in our democracy, there is a good faith understanding that where there is an inconsistency in a bill, the Attorney-General must inform Parliament. While this does not prevent Parliament passing inconsistent laws, it does ensure that any issues are fully debated with respect to their impact on our nearly non-existent human rights!

I demand that you immediately inform parliament in your capacity as Attorney-General so that it* can be debated with urgency, and pressure placed upon all of parliament not just the ministry of health. We have some of the highest incarceration rates in the world and if you include home detention and community detention then we are number 1 in the English speaking world (see my infographic that plots all forms of incarceration over time), and three studies have proven that cannabis prohibition is used against the Maori to persecute them beyond what is reasonable.

It is my view that due to the fact that:

  • 34% of kiwis have tried it that’s 1.5 million people [3] and according to Horizon Research poll 540,000 kiwi’s try pot once a year or more [4]
  • When Kelly van Gaalen was incarcerated, I counted 58 unique website domains with articles! Wake up yeah? [5]
  • It’s not bullshit this medical quality in cannabis, but you need to update one Peter Dunne about The Entourage effect. It’s real, Google it, the people need whole product cannabis see [6]
  • Kiwi’s love a good bit of green and it fits with our culture

I currently have lodged an appeal in the High Court against a sentence of community detention that I recently acquired through a cannabis possession charge at my house that arose from an unwarranted search due to police smelling it. My home has been searched by police three times this year, once with a warrant, twice without, and yet never has a supply charge resulted.

This appeal is likely not a good use of High Court time but I am confident to be granted at least a call over hearing for this possession charge, based on the valid points I’ve raised in this letter being present in my appeal also.

* I’d appreciate you to ask parliament that Cannabis be removed from the Misuse of Drugs Act 1975 since it is incompatible with Bill of Rights Act 1990 due to multiple breaches of at least 5 sections below, not to mention the Health Act 1956 and the UN Declaration of the Rights of Indigenous Peoples.; the repeal of the Tohunga Suppression Act etc etc. and that work be done with urgency on developing a regulatory framework for the taxation of the industry. This would remove a lucrative source of income for gangs, and make it harder to children to access.

Relevant Sections of The Bill of Rights Act 1990

Section 21 Our right to privacy: such as the right to an expectation against unreasonable search and seizure while out and about but especially in the privacy in ones own home so long as it does not injure another person

Section 27 The right to justice: “Irrelevant to case” evidence such as general case law, scientific studies government reports, legislation and the outcomes of cases in other countries are unlikely to have been deemed admissible to show by defence to a judge alone trial, since the judge would be unable to consider our human rights (due to them being well non-existent)

Section 13 Our right to practice our own religions; such as Cantheism, a theology that considers cannabis sativa a holy sacrament

Section 9 Not to be subjected to cruel treatment: nobody seems to have any idea what our Corrections system is doing to innocent cannabis growers and dealers – these are nice people too – but we do have one of the highest suicide rates in the world in New Zealand.

Section 22 Liberty of the person being the right not to be arbitrarily arrested or detained: NZ Citizens have lost the right to a trial by a jury of our peers; for cannabis possession does not qualify for jury trial, yet this is the only way I can move to have my human rights considered?

[1] You must inform Parliament see http://www.justice.govt.nz/publications/global-publications/n/the-new-zealand-legal-system/bill-of-rights-act

[2] A peak of 18,000 citizens detained in 2010 according to corrections see: http://www.legalise.org.nz/infographic/

[3] https://norml.org.nz/2012/540000-current-marijuana-users/

[4] http://www.horizonpoll.co.nz/page/203/540000-using-marijuana-in-past-year

[5] 58 websites carry stories on van Gaalen case: http://www.legalise.org.nz/public-interest/

[6] Learn about the science here: https://www.youtube.com/watch?v=BNz1GsjbqaE

Also I found evidence that you imbibe yourself, it seems fairly legit:

Evidence that Chris Finlayson uses marijuana. "I love the ganja"

Evidence that Chris Finlayson uses marijuana. “I love the ganja”

Soldiers burned marijuana

Soldiers burned marijuana plants found in a field of blue agave in Jalisco State in Mexico. Leaders in Latin America are questioning Washington’s hard-line antidrug strategy in the region. Credit Hector Guerrero/Agence France-Presse — Getty Images

This just in from the news desk! Report thanks to leafly: https://www.leafly.com/news/headlines/breaking-mexico-supreme-court-rules-cannabis-prohibition-unconsti 

Mexico’s Supreme Court made a monumental decision today that could lay the groundwork for a legalization movement with some serious traction. The vote by the Supreme Court’s criminal chamber ruled that it is unconstitutional to prohibit individuals from growing and distributing cannabis for personal use.

This ruling may allow law enforcement to focus on more serious, violent crime, such as murder, kidnapping, and violent assault, and lessen the penalties against low-level, nonviolent drug offenders.


Dear Peter,

did you know, in August 2015, retail and medical cannabis sales taxes increased by 70% year on year to $13,181,758 in Colorado and this is just one month?

$3,328,898 of that wen’t to the Public School Capital Construction Assistance Fund.

Three million dollars each month is going to build schools in Colorado!

Who can argue this is not a great thing!

YOU need to pull finger and DO something to tax and regulate cannabis in this country.

Take a good look at these official government numbers:


Colorado Cannabis Tax Take for August: $13 million up 70% previous year!

Colorado Cannabis Tax Take for August: $13 million up 70% previous year!

Embarrassingly, New Zealand is down at position 37 where I dump all the other countries with full on prohibition in effect.

I’ve created a methodology for ranking countries based on whether cannabis is legal to possess and sell, based on data from the Legality of cannabis by country page on wikipedia. I imported and cleaned the page text and loaded it into Excel for some number crunching and to run my ranking algo. The resulting Printable version PDF and the source Excel file are available. After position 37 it’s just sorted alphabetically, but the first 40 have been calculated using some formulas based on personal use presumptive limits, hence why US Virgin Islands is so high. Probably Spain should be at position 16 instead of North Korea but hey it’s just a first draft designed to help see the data more clearly.

Pot Friendly Countries Global Ranking - First Draft

Pot Friendly Countries Global Ranking – First Draft

I was researching whether any cannabis bills are in the ballot and found the Greens discarded bill from 2009.

Shame on these 86 members of parliament for suppressing this medicinal cannabis bill! Below you can see a table of who did and did not vote for Metiria Turei’s Medicinal Cannabis bill back on that sad day in July of 2009. She is from the green party. The sad thing is that if you click on this link to a search for ‘cannabis’ on Parliament’s Proposed Members Bills search, you see there is not currently a single bill in the ballot currently.

So I called up the Parliamentary office of Greens co-leader Metiria, and spoke with Jack Mcdonald about my issues, and wishes to have the bill re-introduced, here is a video transcript of me making the call today.

I then proceed to ask Jack about the system and how it works, as I am very interested in resolving this stand off between pot smokers and the government.

For a number of reasons Metiria is no longer championing her medicinal cannabis bill: She no longer holds the justice portfolio; is now a co-leader and is understandably pushing the more generally appealing housing bill; and because each member can have only 1 members bill in the ballot at a time it would need to be re-introduced by another member. The Greens have 14 members and 7 bills in the ballot, so there is room for a bill I say, and the cooling off stand down period has likely expired therefore the bill can be re-introduced. The ballot spins generally 12 per year and there are currently 70 bills in the ballot on the proposed members bills page.

Therefore Jack mentioned I petition Kevin Hague to re-introduce the bill on 04 817 8253 which I plan to…

Justice minister is currently, Amy Adams, arguably a carbon copy of Crusher Collins, and just as dodgy.

List of MPs who voted for and against the Medicinal Cannabis bill in 2009

Ayes 34
Ardern J Fenton (P) Kedgley Robertson G
Beaumont Fitzsimons King A (P) Roy H (P)
Boscawen Garrett Lees-Galloway Sepuloni
Bradford Graham Locke (P) Street
Burns Hague (P) Mackey Turei
Chauvel (P) Harawira Moroney (P) Twyford (P)
Cunliffe (P) Hide (P) Norman (P)
Delahunty Hipkins Pillay (P) Teller:
Dyson Hodgson Prasad Chadwick
Noes 84
Adams Dean Key (P) Shanks (P)
Anderton (P) Dunne (P) King C (P) Sharples (P)
Ardern S (P) English (P) Laban (P) Sio
Auchinvole (P) Finlayson Lee (P) Smith L (P)
Bakshi (P) Flavell (P) Lotu-Iiga Smith N
Barker (P) Foss (P) Macindoe te Heuheu (P)
Bennett D (P) Gilmore Mahuta Tisch (P)
Bennett P (P) Goff (P) Mallard (P) Tolley (P)
Blue Goudie Mapp (P) Tremain
Borrows Groser (P) McClay Turia (P)
Bridges (P) Guy (P) McCully (P) Upston
Brownlee (P) Hawkins (P) Nash Wagner
Calder (P) Hayes (P) O’Connor (P) Wilkinson
Carter D Heatley (P) Parata Williamson (P)
Carter J Henare (P) Parker (P) Wong (P)
Choudhary (P) Horomia (P) Peachey Woodhouse (P)
Coleman Hughes Power Young (P)
Collins (P) Huo (P) Quinn
Cosgrove (P) Hutchison Ririnui (P)
Curran (P) Joyce (P) Robertson H (P)
Dalziel (P) Katene (P) Roy E Teller:
Davis Kaye Ryall (P) Goodhew

Motion not agreed to.

The result corrected after originally being announced as Ayes 34, Noes 86.

The MOJ showing it has no consciousness, and simply going through the motions ruining good honest pot growers lives. At the time of writing this blog post on 17 September, a search on Google for “Kelly van Gaalen” cannabis brings up a huge number of pages covering the story with unique opinion pieces. Here is a selection of what I found today: 30 different domains with articles on the subject, and scroll down for a list of all 28 pages on NZ Herald about this cannabis case. Well now after this blog post goes live, another domain with an article about this travesty of justice.




















“It costs nearly $100,000 a year to keep someone in prison. Can anyone really say that that’s money well spent in this case? Can anyone really say that jailing this woman will make us safer, or improve our society? Imprisoning recreational drug users who harm no-one but themselves is simply pointless and wasteful, and the sooner we stop doing it the sooner the police can refocus their resource son real crime.”



“Peter Dunne says the new approach on drugs will show compassion, innovation and proportion.”

NZ’s we’ve gone through a period probably from the 1970s where the rhetoric was all about the war on the drugs as we look around all the countries



It has een been covered in a fully German article:


“Grof schandaal in Nieuw-Zeeland: wegens het bezit van 684 gram wiet – afkomstig van twee potente buitenplanten in haar tuin – moet de 38-jarige Kelly van Gaalen, moeder van drie kinderen, 2 jaar de gevangenis in. Op sociale media zijn acties gestart om haar te helpen.”


“It costs nearly $100,000 a year to keep someone in prison. Can anyone really say that that’s money well spent in this case? Can anyone really say that jailing this woman will make us safer, or improve our society? Imprisoning recreational drug users who harm no-one but themselves is simply pointless and wasteful, and the sooner we stop doing it the sooner the police can refocus their resource son real crime.”


Any economist will tell you that according to his/her textbook all you will achieve by reducing the supply is rising prices. This in turn will lead to more crime to pay for more expensive drugs to feed your habit or just to have a good time. The economists believing in market theory agree that you cannot solve any real or perceived drug problem by fiddling with the supply side. Nobel-Prize Winning Economists: The War On Drugs Is A Catastrophic ‘Billion-Dollar Failure’ reads the headline in Business Insider Australia. “The pursuit of a militarized and enforcement-led global ‘war on drugs’ strategy has produced enormous negative outcomes and collateral damage.”


“A group is heading to Parliament today to protest against the imprisonment of Kelly van Gaalen and to call for cannabis to be legalised in New Zealand.”




“Police had no evidence of dealing for profit, and the judge jailed her on the basis of supply simply because of the amount she possessed.”


List of all 28 NZ Herald articles mentioning Kelly van Gaalen case:






























August 12th Issue of Neighbourly



This article is not related to the Kelly van Gaalen case, but is interesting to note it shows high cannabis use in NZ:


New Zealand Drug Detection Agency workplace testing figures show 6784 workplace drug tests were conducted in the Bay of Plenty region last year, of which 8 per cent were “non-negative”.

Open letter to all political parties for the next election:

Dear [Insert Political Partyname here]

  • Where is your cannabis policy?
  • What is being done?
  • Is a private members bill in the ballot currently?
  • If not, why not?
  • What is being done to draft the legislation to remove cannabis from the misuse of drugs act, and create a tax system like colorado where the grower is taxed:
    • the first $40 million in tax per year is given to schools
    • no tax for medicinal cannabis

I will only vote for you if you work towards this goal. After all it would increase our economic prosperity.

So I filed an official information act request on 2 July.

On 24 July I get this glorious, dripping in it’s own THC-oiled wickedness beauty of a document. Thank you sweet Jesus… I mean Alex Renton! Bless you and you are with our god Lorde now. Climbing that rope of hemp into heaven. Now off to roll another baton…

Evidence Peter Dunne Alex Renton

Evidence Peter Dunne Alex Renton

Now please check the almost original PDF. I just had to redact my name, well, after all I am SecretStoner//www.legalise.org.nz/pdf/evidence-peter-dunne-alex-renton-24072015150639%20REDACTED.pdf

Is it possible to objectively measure the fairness of a justice system?

Idea: A leaflet would ask prisoners if they want to volunteer to be part of the survey, in exchange for a piece of fruit, 50g of cheese and 50g of chocolate per prisoner up to our limit per prison.

What percentage of inmates feel they were wrongly convicted?

Questions will be mostly general with true/false type answers:
  • How many charges are you facing?
    • integer number/n/a*
    • if the charges are very numerous, its ok to simplify or group them
    • this should allow you to provide succinct answers with clarity, for example to improve on a “maybe for all” to allow “yes to 1” and “no to 2”
  • For each charge or group of charges, were they drugs charge/s?
    • true/false/n/a*
  • Do you believe some or all of your charges are false? In other words were you wrongly accused/convicted?  Please answer no if you purely feel that the sentence was unreasonably harsh.
    • charges were true/charges were false/n/a*
    • If no, they can leave. If yes, continue
  • Is the law itself and/or it’s application was either wrongly interpreted by the courts, or is in fact an invalid law itself?
    • law itself is invalid/the law incorrectly interpreted to its intent/n/a*
  • If you feel wrongly accused/convicted, is this due in your opinion to a lack of non-circumstantial prima facie evidence, in terms of either quantity or quality in your opinion? Quantity can mean either zero  evidence or total lack, or incorrect quantity. Quality can mean the quality of the evidence was not high enough or was incorrectly understood; or also that evidence was tampered with or otherwise corrupted by police or witnesses.
    • due to bad evidence/evidence was sufficient/n/a*
    • quantity/quality/both/neither/n/a*
    • eg was it evidence quantity related or evidence quality related or related to both?
    • If no positive answers please skip next question
  • In regards to perceived lack of evidence in your own case, at which level do you feel the evidential quality reduction / tampering / falsifying / incorrect interpretation seems to have entered the chain?
    • please circle ideally just one to three of the following help us understand this best
    • judge / prosecution / detective / arresting officer / witnesses / own lawyer / yourself / systems failure / evidence was barred from being entered by the court / police destroyed evidence / none of the above / no comment for each charge please

* n/a means added to each question is option for not sure/no comment and answers apply for each charge

Use of Home Detentions is masking NZ's Drug Problem

Use of Home Detentions is masking NZ’s Drug Problem

Take a very close look at the graph above. In, fact, download the XLXS if you like and use it in your reporting. You can check the accuracy from the source* basically it’s the Department of Justice.

It shows that since the introduction of, and/or beginning of recording of Home Detention statistics, their use has now grown to fully over 100% the size of the actual prison population. That point was reached in 2010 when the total number sentenced to one of the 3 home detentions exceeded the total number of prison sentences. In 2014, the number in home detention was 127% higher than the total prison population as far as sentences handed down goes (16,176 / 7,114).

Naturally these data points are for all of NZ and for all types of crime not just drugs related. But I think you can read between the lines. People only take drugs due to lack of community – and because the world around them is crumbling down, while reptiles are at the helm.

Data Source: http://nzdotstat.stats.govt.nz/wbos/Index.aspx?DataSetCode=TABLECODE7353


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