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AT THE HIGH COURT No: AT WANGANUI UNDER The Law Of The Land

IN THE MATTER OF: Trespass Writ of Mandamus

BETWEEN James

Claimant AND Amy Adams The Woman Wrongdoer

AFFIDAVIT of James

Dated this Day of August 2016.

This document is filed by James, a Sovereign Being, Sui Juris. Documents for Service on the above named Claimant may be delivered to;

a) XXX Ikitara Road, Wanganui East, Wanganui 4500.

b) Emailed to XXXXXXXXXX

c) Contact telephone number: (XXX) XXX XXXX Mobile (XX) XXX XXXX Land Line.

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AFFIDAVIT OF – James I, James, a Sovereign Being, a Man of Standing and of sound mind am not an infant and do most solemnly swear the following as truth according to my belief and faith. Preamble This filing in the High Court is not taken lightly, frivolously or vexatiously as the Law is my faith and as a Christian following God’s Laws, I have the highest regard for Law and believe that the truth and justice will prevail. Repeated attempts to engage the Wrongdoer in goodwill negotiation to settle conflict between The Crown and James has been to naught and James has been forced to Court. This is a breach of James’s faith for it is written;

Agree with thine adversary quickly, whiles thou art in the way with him; lest at any time the adversary deliver thee to the judge, and the judge deliver thee to the officer, and thou be cast into prison. Matthew 5:25 King James Version.

Judges take an oath to protect the right to Common Law [Law of the Land] and such obligation is before Statute obligations or protection of The Crown system.

A Claimant claiming a De Jure Court is protected by the Judge and the Judge is bound to facilitate and assist the Claimant in Common Law.

James respectfully asks the Court to show compassion in dealing with this submission for although James studied Contract Law, Military Law and conducted Military Courts, was a Foundation Member of the New Zealand Institute of Arbitrators, James is not a trained Lawyer and has had to prepare this submission without legal assistance.

On the 17th day of January 2014, James served a Claim Of Right on the Crown Corporation of New Zealand Incorporated [hereinafter The Crown] by Registered Signed Receipt Post.

The Claim Of Right had inter alia, Directions for Response.

Pursuant to the Directions for Response a Default Judgement was served on the Crown on the 28th day of January 2014 by Registered Signed Receipt Post.

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The Claim of Right and Default Judgement were served on;

John Key – for the time being, Prime Minister of New Zealand Christopher Finlayson – for the time being, Attorney General of New Zealand Michael Heron – the man acting as Solicitor General of New Zealand Peter Marshall – the man acting as Commissioner of Police

Pursuant to the Claim of Right and the contract that now exists between The Crown and James, James acted on the Claim of Right and perfected it. The Crown through its agent the New Zealand Police issued Infringement Notices to the Legal Fiction James JONES the act of which is an offer to conduct business. James rejected these offers and denied consent to the jurisdiction of an Administrative Court [District Court] to conduct business between The Crown and James JONES. Letters were written to the Wrongdoer in an attempt to prevent further unlawful actions of The Crown but the Wrongdoer allowed The Crown to unlawfully proceed with commercial business in the District Court. Further correspondence was sent by James to the Wrongdoer when The Crown sent a Bailiff to collect alleged outstanding fines. After that correspondence, the Bailiff advised that he had been withdrawn from the case and the file had been returned to Head Office – presumably, Wellington. The Crown then advised that a Notice of Attachment Order had been issued on a benefit being paid to James JONES. James wrote to The Crown to advise that James JONES was not the Beneficiary of the benefit but was Executor of the Trust for an Infant who was the Beneficiary of the Benefit. The Crown then wrote to advise that the Attachment Order was issued on the Superannuation being paid to James JONES. James wrote denying consent for this unlawful action.

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An employee of Work and Income telephoned James circa 7th April 2016 advising that they had no option but to apply the deductions and James asked that it be noted that it was without his Consent. Fraud – Case One. All law is a Contract and a Contract has three important requirements;

An Offer

Consideration

Acceptance

Acceptance cannot be obtained by force/coercion, deceit/fraud or decree but must be a genuine freewill gesture. Consent makes the Law, without Consent there is no Law. Man is born equal as a Sovereign Being so that all Sovereign power rests with Man [the People] and such is the source of Laws. Whereas in Law it is established;

“Inasmuch as every government is an artificial person, an abstraction, and a creature of the mind only, a government can interface only with other artificial persons. The imaginary, having neither actuality nor substance, is foreclosed from creating and attaining parity with the tangible. The legal manifestation of this is that no government, as well as any [government] law, agency, aspect, court, etc. can concern itself with anything other than corporate, artificial persons and the contracts between them.” [PENHALLOW v. DOANE'S ADMINISTRATORS].

Without the consent of Sovereign Beings, a government cannot exist. Man [people] create governments to serve the people, not rule the people. Governments can never be Sovereign as they are Legal Fictions – constructions and not creations. The basic Principles of Democratic Governance are;

All people are created equal with inalienable rights and freedom of choice.

Sovereignty resides in the people whose power is the source of law.

Private people institute public governance to serve them with Public Servants.

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Office holders of governments are responsible to their employers, the people.

The State cannot grant any privilege that is not already a Sovereign Right.

A government that ignores the inherent Right of Consent is not democratic.

Rights carry duties, starting with the eternal vigilance needed to protect them.

The Right to self-determination is an imperative principle of democratic governance and national sovereignty. A democratic Government is a Public Trust;

A freely-elected government is a Public Trust instituted by private Sovereign people, which is called “the State”.

Government Officers are Trustees called “Public Servants”. All Public Servants have a Fiduciary Duty to serve the best interests of the Beneficiaries called “the People”. As Grantors and Underwriters, the people are burdened with the ultimate responsibility for their Public Trust. Jurisdiction follows a natural hierarchy. The order of jurisdiction is logical;

Nature/God > Man/Woman > State/Government > Corporate/Person. Man lives in the jurisdiction of the Common Law, which is de jure “in Law”. The foundation of democracy is the consent of the governed. The Legal Maxim we are all created equal, in which case no Man or person can have authority over Man unless Man consents.

“You get the democracy you are prepared to stand up for” – Quote, John Key, 2007. [A New Zealand take on the quote by Joseph de Maistre – “Every Country gets the government it deserves”].

The only form of recognised government in New Zealand is that of a Representative Democracy. The legal definition of a Representative Democracy from Bouvier’s Legal Dictionary is;

REPRESENTATIVE DEMOCRACY. A form of government where the

powers of the sovereignty are delegated to a body of men, elected from

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time to time, who exercise them for the benefit of the whole nation. 1

Bouv. Inst. n. 31.

The definition of sovereignty;

sov·er·eign·ty

noun \ˈsä-v(ə-)rən-tē, -vərn-tē also ˈsə-\

: unlimited power over a country

: a country's independent authority and the right to govern itself

A representative group of people are put into office by a popular vote of the people and can exercise total control over the country by unlimited power of office until the next election. That would be the understanding of the majority of the people.

New Zealand is actually a Corporation and is listed on the New York Stock Exchange. The Debt Management Department is given as the address of the Corporation.

Sovereignty requires unlimited power of the elected to carry out the wishes of those who vested their Sovereign powers by proxy to the elected.

The Government of New Zealand is the Crown Corporation of New Zealand Incorporated.

The Crown Corporation of New Zealand Incorporated is a Legal Fiction and is listed on the US Securities and Exchange Commission.

The Crown Corporation of New Zealand Incorporated has an Owner and that Owner is Her Majesty The Queen In Right of New Zealand.

This truth can be found in New Zealand Public Health and Disability Act 2000, Section 6, Interpretations;

“Crown means Her Majesty the Queen in right of New Zealand.”

Her Majesty the Queen is not the Monarch but is a Corporation.

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The Registered Office of the New Zealand Corporation Incorporated is;

1 The Terrance National Providence Building Wellington

The business address of the Crown Corporation of New Zealand Incorporated is;

C/O New Zealand Debt Management Office Treasury 1 The Terrance Wellington

The Crown Corporation of New Zealand Incorporated operates in Receivership and answers to a Receiver.

The Crown Corporation of New Zealand Incorporated is governed by a Board of Directors who are called Members of Parliament and they appoint a Chairman of the Board of Directors who is called the Prime Minister.

The popular vote of the people of the geographical location commonly referred to as New Zealand only changes the Board Of Directors who sit for a term of three years on a legal construct called a Corporation.

The Board of Directors must carry out the wishes of the Owner of the Corporation.

The Board Of Directors of the Crown Corporation of New Zealand Incorporated have no sovereign powers.

The New Zealand “Colonial “ Government is operating under a Corporation named HER MAJESTY THE QUEEN IN RIGHT OF NEW ZEALAND.

HER MAJESTY THE QUEEN IN RIGHT OF NEW ZEALAND is a corporation upholding bankruptcy, which in turn is holding the debt and liability between the New Zealand Debt Management Office and the United States Securities Exchange Commission.

HER MAJESTY THE QUEEN IN RIGHT OF NEW ZEALAND file number with the United States Securities and Exchange Commission is 0000216105.

HER MAJESTY THE QUEEN IN RIGHT OF NEW ZEALAND and the Living Sovereign Her Majesty Queen Elizabeth II are not the same.

HER MAJESTY THE QUEEN IN RIGHT OF NEW ZEALAND is not sovereign.

Oaths pledging allegiance to the Monarch are not transferable to the Government of New Zealand.

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The Crown and the Justice system are bankrupt.

The United States Securities Commission is connected to the United States Federal Reserve Bank.

The United States Federal Reserve Bank is privately owned.

The notion that New Zealand is under a system of governance called Representative Democracy is a Constructive Fraud and The Crown has lost all legitimacy to govern.

John Emerich Edward Dalberg-Acton, 1st Baron Acton, KCVO DL in a letter to Bishop Mandell Creighton in 1887:

"Power tends to corrupt, and absolute power corrupts absolutely. Great men are almost always bad men."

Fraud – Case Two.

Inalienable Rights; are the Inherent, Sovereign, Natural Rights that existed before the creation of the State and State governance, and which, being antecedent to and above the State, can never be taken away, diminished, altered, or levied by the State, except by Due Process of Law.

Nor can any Inalienable Right be fundamentally removed or waived by contract, whether by non-disclosure, which is fraud and unenforceable in Law, or knowingly by sufferance, which is contrary to the Spirit of the Law and prejudicial to Sovereignty.

The Original, Permanent, Inalienable Rights of every Man include, but are not limited to;

The Right to Life, Freedom, Health and the Pursuit of Happiness.

The Right to Contract, or not to Contract, which is unlimited. The Right to Earn a living Income by Compensation with wages or

Salary in a Fair Exchange for one’s Work.

The Right to travel in the Ordinary Course of one’s Life and Business.

The Right to Privacy and Confidentiality, free from Unwanted Invasion.

The Right to own, and Hold Property, lawfully without Trespass.

The Right to Self Defence when threatened with Harm. Loss or Deceit.

The Right to Due Process of Law, with Notice and Opportunity to Defend.

The Right to be Presumed Innocent, suffering No Detention or Arrest, No Search or Seizure, without Reasonable Cause.

The Right to Remain Silent when accused, to avoid Self-Incrimination.

The Right to Equality before the Law and to Equal Representation.

The Right to Trial by Jury, being an Impartial Panel of one’s Peers.

The Right to Appeal in Law against Conviction, or Sentence, or both.

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The Right to Expose Knowledge necessary to one’s Rights and Freedoms.

The Right to Peaceful Association, Assembly, Expression and Protest.

The Right to Practice a Religion, and to have Beliefs of one’s choosing.

The Right to Love, and Consensual Marriage with Children, as a Family.

The Right to Security from Abuse, Persecution, Tyranny, and War.

The Right to Refuse to Kill under command, by reason of Conscience.

The Right to Live in Peace and to be left alone when Law Abiding.

The Crown, through deceit and the use of Legalese, by coercion and under threat of fines, compels parents to register the birth of their offspring with The Crown.

Without full disclosure The Crown creates a Person [Legal Fiction] from the Birth Registered and sells that Person into financial slavery as Surety for Credit.

As the Person is a construction of The Crown, it is owned by the Crown and The Crown through a myriad of Legislative procedures, deceit and denial of knowledge tricks a Man into acting as a Person and so forms Joinder and in Law, is a Person.

The Crown creates a Trust in the Name Of the Person and acts as Beneficiary and Executor of the Trust, making the Person the Trustee and financially liable for the Trust.

Without full disclosure there can be no Contract.

Mistake is not Contract.

Man was never asked if he wanted this Trust in his name, nor was Man made aware that The Crown had stolen his birthright and identiy for commercial gain.

Man has two identities, a Private Identity as he was born and a Public Identity as The Crown created.

This truth is hidden from Man by The Crown.

The Crown acknowledges that a Print Out and Security Number exist for a Person but when asked to reveal that information seek protection from Legislation and refuse to divulge the information.

Such action is deceitful and evidence of The Crown endeavouring to hide the Fraud.

Since jurisdiction equates to power, and power equates to money, it is not surprising to find a mysterious language which seems to be The Queen’s

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English but has differing meanings, has been created – that Language is called Legalese.

The Crown obscures legislation by the use of this most important language and it is manipulated by those who would subvert the De Jure State for their own purposes.

By deceit, Man’s Inalienable Rights have been subverted, stolen and Man sold into servitude by The Crown.

By this Fraud, Creation has been stolen by The Crown – which was Satan’s plan from the beginning.

Fraud – Case Three.

The Crown is a Corporation with Corporate Rules and Responsibilities.

The Crown purports to be the Elected Sovereign Government of the Peoples of New Zealand.

Without evidence of the Election to power after the transfer of Colonial Rule, The Crown operates by force of Office and ignorance of the People.

All who would want to exercise authority must produce evidence of their authority when asked to do so – even a Judge must produce his Oath Of Office if asked or be considered an imposter.

The Crown operates as the legitimate government but cannot provide Constitutional Authority for their claim to authority.

High Treason. All Judges in the District and High Courts take an oath on the Holy Bible to the Living Sovereign Queen Elizabeth II. her heirs and successors. The living Sovereign Queen Elizabeth II. took an oath on the Stone Of Destiny or otherwise known as Jacobs Pillar, which is inserted in the wooden coronation chair of King Edward I., to uphold the Laws of Almighty God and to Her Subjects by these laws as Defender of the Faith. The present living Monarch H.M. Queen Elizabeth II is of The Royal Blood Line of Zarah to the line of Pharaz to King David of Israel to the Lord and Saviour called Jesus the Christ or as in the Hebrew tongue is known by the name of “Yeshua”. The Common Law of England prevails in the laws of this Dominion called New Zealand, as indicated in Section five (5) of the 1988/89 Imperial Laws Application Act.

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The Holy Bible [King James Version] is the highest Statute in all New Zealand Courts of Law. No one is above the Law of the Land but Almighty God. To uphold Fraud is a criminal offence. All Public Servants making and upholding a sworn oath to the Living Sovereign Queen Elizabeth II., to usurp their authority above their sworn oath to the Living Sovereign Queen Elizabeth II is an act of High Treason. The 1571 Treasons Act upholds the Death Penalty for Treason. Denial Of Consent. The Treaty Of Waitangi was brought to New Zealand to bring commerce by the laws of the sea by a British Naval Officer William Hobson. The Law of the Sea is subordinate to the Law of the Land. The Laws of the Sea were brought about by British Admiralty and Maritime Laws and used as an instrument by the Corporation called The City Of London known as “The Crown” to bring about commerce throughout the British Empire. The Corporation Crown is different and separate from the Sovereign Crown of H.M. Queen Elizabeth II. The Crown is operating under Maritime/Admiralty Law. The Crown and its legislated laws are operating under subordinate laws as indicated in the New Zealand 1988/89 Imperial Laws Application Act. The District and High Courts under the jurisdiction of The Crown are operating under the subordinate system of Admiralty process of jurisprudence and not the Law of The Land. This system of jurisprudence is subordinate to H.M Queen Elizabeth II., Royal Laws of Hierarchy upholding the Laws of The Land. The three branches of a democratic government are;

Legislature; Enacts statutes to regulate legal entities [Persons] in society, prescribing term as and conditions which depend for their effect upon the consent of the governed. Statutes franchise benefits and privileges in exchange for freedoms and rights, as services that should promote order, welfare and equality.

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Executive; The Cabinet with Departments. They are the managers of the Government answerable to their employers the Private Sovereign People, who will either support their Executive by granting Consent, or will oppose their Executive by withdrawing Consent, which can be done at any time, not only during a government election, because democracy is not a three yearly event. Judiciary; The People’s Courts, for the preservation of the State and Justice. Lower courts apply the Statutes to the legal entities [Persons] created and approved by government according to prescribed legislation. Higher Courts, with Juries, decide “the Law” according to evidence and precedents in Common Law.

Only a Court with a Jury is de Jure. Over time, Administrative Courts have been established. Halsbury’s Law [NZ] 2011 states:

“The Law is absolutely clear on this subject. There is no authority for Administrative Courts in this country, and no act can be passed to legitimise them”.

An Administrative Court is an accommodation between the Executive and the Judiciary and is de facto. Administrative Courts are limited in liability and application. An Administrative Court [District Court] operates in Commerce conducting business for The Crown. Administrative Courts operate with a subordinate de facto [in practice] jurisdiction for the quasi-administration of Statutes. The de facto jurisdiction is Admiralty Maritime, also called Law of The Sea. It is essentially for settling commercial disputes among publically registered corporations, including people who consent to “act” as Legal Personalities [Persons]. To obtain legitimacy an Administrative Court requires the Consent [Consent makes the Law] of the parties to the Commercial Contract. Without Consent it is unlawful for the Court to proceed to conduct business; Consent cannot be obtained by Decree.

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Tyrannical Action. Man is created by a Creator [God]. Man is created with a Freewill choice. Theodore Roosevelt in his address at the opening of the Jamestown Exposition on April 26, 1907, as reported in Presidential addresses and State papers (1910) stated;

“It behoves us to remember that men can never escape being governed. Either they must govern themselves or they must submit to being governed by others. If from lawlessness or fickleness, from folly or self-indulgence, they refuse to govern themselves, then most assuredly in the end they will have to be governed from the outside. They can prevent the need of government from without only by showing that they possess the power of government from within. A sovereign cannot make excuses for his failures; a sovereign must accept the responsibility for the exercise of the power that inheres in him; and where, as is true in our Republic, the people are sovereign, then the people must show a sober understanding and a sane and steadfast purpose if they are to preserve that orderly liberty upon which as a foundation every republic must rest.”

Man can choose to be governed or be self governing.

A Man acting lawfully in accordance with the Law of the Creator and in harmony with his neighbour cannot be forced to Consent to governance.

Man is a Sovereign Being and Governments are Legal Fiction persons.

Legal Fictions cannot rule a Sovereign Being without the Consent of the Sovereign Being.

Forcing governance on a Man who does not wish to be governed and who is capable of self governance is tyranny.

The Federal Australian Constitution states:

“... the truth is the supreme absolute and uncontrollable authority remains with people.” Preamble; p 286.

Tyranny is a crime.

“Bureaucracy is undoubtedly the weapon and sign of a despotic government, inasmuch as it gives whatever government it serves, despotic power.” John Emerich Edward Dalberg-Acton, 1st Baron Acton, KCVO DL

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Breach Of Corporation Rules All Law is a Contract.

Statutes are Rules that only have the Colour of Law.

The Crown must abide by the Rules that they create.

An undisputed Claim of Right stands as Law.

A Claim Of Right establishes Lawful Excuse and this truth is found in Section 53 Crimes Act 1961.

With Lawful Excuse one can Contravene Statute and this truth can be found in Section 107 Crimes Act 1961.

For The Crown to proceed against a Claim Of Right is a breach of the Rules of the Corporation and is an illegal act.

Breach Of Contract. A Contract is Law.

A Contract has three important elements;

An Offer

Consideration Acceptance

Acceptance cannot be gained by Force, Decree or Fraud but must be a Freewill gesture.

Directions for reply create Acceptance by compliance or by acquiescence through default.

The Wrongdoer allowed The Crown to proceed against the provisions of a Claim Of Right that has been perfected by a Default Judgement and action.

Such is unlawful and a Breach of Contract.

Frustration of the Contract. Frustration of the Contract is an unlawful act.

For the Wrongdoer to continuously refuse to answer correspondence on the matter of a Contract constitutes deliberate Frustration of the Contract.

The Wrongdoer fails a basic Fiduciary Duty of Office by failing to answer correspondence.

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Frustration is unlawful and renders the Wrongdoer liable for Damages and Exemplary Damages.

Proceeding Against an Estoppel. The Crown must abide not only by the Rules that it creates but also by the Law of the Land.

The Crown must abide by an Estoppel.

The Wrongdoer allowing The Crown to proceed contrary to the provisions of an Estoppel is an unlawful act.

Proceeding Against A Default Judgement. A Default Judgment completes a Lawful Contract.

To proceed contrary to a Default Judgement is a Breach of Contract.

For the Wrongdoer to allow the Crown to proceed against a Default Judgement is unlawful and renders the Wrongdoer liable for Damages for Breach of Contract.

Tort. Harassment is unlawful.

Actions of The Crown to continually harass with the intent of forcing compliance to Crown Corporation Rules when having been cautioned of a Claim Of Right and advised of Consent to be governed having been revoked, is unlawful.

The Crown to make threats of arrest, incarceration, imposition of fines, imposition of penalty fines, removal of private property, denial of cross boarder travel and similar like threats against a Sovereign Being is unlawful.

By failing to prevent such harassment the Wrongdoer is guilty of Harassment.

Failure of Fiduciary Duty The Wrongdoer, for the time being acting as Minister of Justice, has a Fiduciary Duty of care. The Wrongdoer failed that duty of care to the Person James JONES. The Wrongdoer, by refusing to answer reasonable questions posed in correspondence has failed a Duty of Care of Office.

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Closing Without Consent, The Crown can do nothing; no Man can move against the will of another. The Commissioner Of Police, correctly states on the Police Web Site:

“We Police by Consent”. James is an honourable Man, a Man of his Word, A Man responsible for his actions, a Man of faith and conscience who wishes only to live in harmony with his neighbour and avoid conflict. The Wrongdoer has forfeited all right to protection of Law and Colour of Right as agreed between the parties in correspondence. Without prejudice to all rights and remedies, James offers an “olive branch” to the Wrongdoer to correct the wrongs and settle the matter to the satisfaction of James; such obligation will not be onerous. James (All Rights Reserved) Sworn at Wanganui this ) Day of August 2016 ) Before me )