The Dunedin Court is as bad as it gets.
NOTICE THAT ADMINISTRATIVE OMISSION AND DEMAND FOR RECORD CORRECTION
Re: FAM-*************** – Family Court at Dunedin
Filed for: ************* – Respondent
Filed by: Attorney Tracy Lynch – InLandsAirWater Counsel Private Trust (PTNDA)
Purpose
To bring to the Supreme Court’s attention a serious breach of fiduciary duty, record integrity, and administrative accountability within the Family Court and Ministry of Justice regarding a protection order known to exist but omitted from the active court file. The omission has resulted in contradictory and unsafe rulings.
Background Summary
The woman related to the applicant, who previously attempted to murder the respondent (************), was convicted and served a short prison sentence. She has since reoffended, recently attempting to run down a farmer and approximately twenty sheep with a vehicle, and is again in custody. These events demonstrate an ongoing and serious pattern of violent behaviour within the applicant’s family. Despite this, the Family Court has failed to ensure the respondent’s prior protection order—issued for his safety—remains active and visible on the record. The omission exposes the respondent to continuing danger and represents a gross administrative and fiduciary failure within the Dunedin Family Court registry.
Legal Representation and Denial of Attorney Recognition
Multiple legal representatives previously appointed for the respondent have each failed to acknowledge or act upon the original protection order that was issued for his safety. The very lawyer who obtained the order has since failed to ensure it remained on record. Each subsequent lawyer has ignored correspondence and instructions, and none have acknowledged the Trust Attorneys acting under Private Trust Non-Disclosure Authority (PTNDA). This ongoing refusal to recognise the Trust Attorneys constitutes denial of lawful representation and interference with fiduciary agency, contrary to the principles of natural justice, the Trustees Act 2019, and section 25 of the New Zealand Bill of Rights Act 1990 (right to legal assistance of one’s choosing).
Administrative Omission and Fiduciary Accountability
The case manager for file FAM-************* has stated, ‘It’s not in your file here,’ despite confirmation that the protection order is registered in Dunedin. The omission of that order from the case file constitutes a fiduciary and administrative breach, contrary to the Trustees Act 2019 s 128, the Family Violence Act 2018 s 79, and the Public Records Act 2005. The omission has led to the making of a temporary protection order without notice that contradicts an existing order, causing direct risk and reputational harm to *************** and the associated respondent.
Escalation and Inaction by Higher Registry
A full copy of the protection order and supporting evidence was duly served upon the Dunedin High Court (DHC). Despite receipt, no corrective action has been taken. The continued inaction of the High Court registry—after formal service and notice—constitutes a failure to perform statutory duty and a breach of fiduciary care. All officers and registrars of the DHC are reminded that ignorance of law is no excuse and that accountability attaches to the office-holder personally when harm results from wilful omission or refusal to act on served documentation. Each decision made—or neglected—is a matter of record and will be reported to the Supreme Court and Ministry of Justice Insurance Services for investigation.
Accountability for Decisions and Breach of Fiduciary Duty
Every registrar and case manager holds an oath or declaration of office and is therefore personally accountable for their decisions and omissions. These rights cannot be ignored or dismissed. Ignorance of law is no excuse. Each officer has a professional and moral duty to act upon verified information, to preserve the integrity of the record, and to uphold the safety and lawful rights of those affected. Failure to do so constitutes dereliction of duty and may engage personal and insurance liability.
Signed: __________________________
Attorney Tracy Lynch
InLandsAirWater Counsel – Private Trust (PTNDA)
PO Box 265 Queenstown
Email is as served as it is also served into the Queenstown District Court today