Richard Sivell

After making threats to kill on Counterspin Media's Telegram channel in late 2021 and early 2022, Sivell was arrested on 29 March 2022. During the arrest, which Sivell resisted for a number of hours, he and his supporters posted audio and video clips to social media. He appeared in court the next month, refusing to recognise its jurisdiction and needing to be dragged to the dock. He was granted bail with conditions including not using internet-enabled devices or making any violent threats, and then failed to make his next scheduled appearance. A warrant for his arrest was duly issued.{{cite news |last1=Wall |first1=Tony |title=Arrest warrant issued for man who allegedly threatened to kill PM |url=https://www.stuff.co.nz/national/crime/300573374/arrest-warrant-issued-for-man-who-allegedly-threatened-to-kill-pm |access-date=4 October 2024 |publisher=Stuff |date=26 April 2022}}

While he was evading police, researchers from The Disinformation Project believed that Sivell was active in at least two Telegram channels. His messages talked about adding individuals including a District Court Judge to a "Nuremberg List" - a reference to executing war criminals. Researchers also believed that he had fallen out with a number of others in the conspiracy community, including Kelvyn Alp of Counterspin and Brian Tamaki.{{cite news |last1=Wall |first1=Tony |title=He's on the run from police, but that may not have stopped Richard Sivell from posting online |url=https://www.stuff.co.nz/national/crime/300943542/hes-on-the-run-from-police-but-that-may-not-have-stopped-richard-sivell-from-posting-online |access-date=3 October 2024 |publisher=Stuff |date=12 August 2023}}

After more than 20 months on the run, Sivell was arrested on 9 January 2024. New charges were laid, relating to his missed court dates in April 2022. Not guilty pleas were deemed in May, and a trial set for October.{{cite news |last1=Conchie |first1=Sandra |title=Bay of Plenty's Richard Sivell faces trial for alleged Jacinda Ardern death threat |url=https://www.nzherald.co.nz/bay-of-plenty-times/news/bay-of-plentys-richard-sivell-faces-trial-for-alleged-jacinda-ardern-death-threat/ZC3YXBQKS5HPVLU2DTFCTOIZU4/ |access-date=3 October 2024 |publisher=New Zealand Herald |date=6 June 2024}}

At trial on 2 October 2024, the court heard audio recordings, originally published on social media channels connected to Counterspin Media, in which Sivell said he had "a noose with [Ardern's] name on it", that he would be "quite happy to execute" her (and other politicians), and that he'd also be "quite happy to come down and construct some gallows". Other evidence included text messages in which he told his mother he wanted to "see Jacinda hang for crimes against humanity".{{cite news | last=Wall|first=Tony|url=https://www.stuff.co.nz/nz-news/350300416/richard-sivell-run-almost-two-years-appears-court|access-date=3 October 2024|date=5 June 2024|title=Richard Sivell, on the run for almost two years, appears in court|publisher=Stuff}}

Sivell was convicted on three charges - threatening to kill, obstruction (relating to his 2022 arrest), and the bail-related charge which had been laid in 2024. He was due to have been sentenced on 7 January 2025 but told the court he couldn't travel to Tauranga. Since he failed to appear a warrant was issued for his arrest.{{cite news | last=Conchie|first=Sandra|url=https://www.nzherald.co.nz/bay-of-plenty-times/news/richard-sivell-a-no-show-in-tauranga-court-over-threats-to-kill-dame-jacinda-ardern/Y2KQUBCBSNFANDOULXJYX4W6UA/|access-date=8 January 2025|date=7 January 2025|title=Richard Sivell a no-show in Tauranga court over threats to kill Dame Jacinda Ardern|publisher=New Zealand Herald}}

On 15 March 2019 there was a mass shooting in Christchurch targeting Muslims. The murderer carried a camera throughout, livestreaming to social media. The resulting video of the shooting was quickly classified by David Shanks of the Office of Film and Literature Classification as "objectionable" under the Films, Videos, and Publications Classification Act 1993, making it a criminal offence to possess or distribute it.{{cite web |title=Christchurch Mosque Attack Livestream classification decision |url=https://www.classificationoffice.govt.nz/news/news-items/christchurch-mosque-attack-livestream-classification-decision/ |publisher=Te Mana Wakaatu - Classification Office |access-date=3 October 2024 |date=18 March 2019}}

Sivell has been charged with having and distributing a copy of the video. He appeared at Taupō District Court in August 2024 and refused to make a plea. The judge deemed his plea to be not guilty.{{cite news |last1=Bathgate |first1=Benn |title='Man of peace' declines to plead on mosque shooting video charges |url=https://www.waikatotimes.co.nz/nz-news/350384821/man-peace-declines-plead-mosque-shooting-video-charges?_ptid={kpdx}AAAAnFg348PzXgoKMFYxVndrZmxwYRIQbTF0c3pibmZmamN5Y2gxbBoMRVhSNkc4S005VlFXIiUxODBqbjA4MDhzLTAwMDAzNGlrOGZuZGMxcnRqNzI4c2RzZWdrKhRydW5Kc0pFV0c3MTZBUkRPVTEwMlISdi1fAPAFazRmOHduOHVvWg40OS4yMjcuMjIIAPABNmIDZG1jaL-5gbgGcBl4CA |access-date=3 October 2024 |publisher=Waikato Times |date=21 August 2024}}

He next appeared on 30 October and requested a jury trial. (Between these appearances, Sivell was convicted in Tauranga on charges of threatening to kill.) Because Taupō doesn't hold jury trials, the case was moved to Rotorua. He was meant to appear there on 11 December 2024 but failed to show. An arrest warrant was duly issued and he attended court on 17 December.{{cite news |last1=Bathgate |first1=Benn |title=Warrant to arrest issued after man facing Christchurch mosque attack video charges fails to appear at court |url=https://www.waikatotimes.co.nz/nz-news/360519536/warrant-arrest-issued-after-man-facing-christchurch-mosque-attack-video-charges-fails-appear-court |access-date=12 December 2024 |publisher=Waikato Times |date=12 December 2024}}{{cite news |last1=Bathgate |first1=Benn |title='Sovereign Citizen' facing mosque terror video charges bailed again despite past no-shows |url=https://www.waikatotimes.co.nz/nz-news/360525593/sovereign-citizen-facing-mosque-terror-video-charges-bailed-again-despite-past-no-shows |access-date=19 December 2024 |publisher=Waikato Times |date=17 December 2024}}

Refusing the help of a duty lawyer, Sivell was told that his next appearance would be on 5 March 2025 and released on bail. The judge warned that any further breaches or failures to appear would lead to Sivell being held in custody.

Sivell represents himself in court and uses arguments drawn from the widely debunked sovereign citizen movement to deny that the court had jurisdiction over him.{{cite news |last1=Mcclure |first1=Gwen |title=SovCits are fighting the law, but the law's winning |url=https://www.rnz.co.nz/news/thedetail/543111/sovcits-are-fighting-the-law-but-the-law-s-winning |access-date=15 April 2025 |publisher=RNZ |date=27 February 2025}} Judge Paul Geoghegan, in June 2024, and Judge Christopher Harding, that October, both dismissed Sivell's arguments as "gobbledegook".

In his October 2024 trial for possessing the mosque shooting video, where Sivell again represented himself, he claimed a "right of subjugation" before being told by the Judge that "the right to subjugation does not exist in New Zealand when it comes to criminal law". When asked for his plea, Sivell said, "I require a sureties, bonds, denominations". He was cut off and taken to have pled not guilty.{{cite news |last1=Bathgate |first1=Benn |title='Man of peace' alleged to have possessed, shared mosque shooting video |url=https://www.stuff.co.nz/nz-news/360469558/man-peace-alleged-have-possessed-shared-mosque-shooting-video |access-date=31 October 2024 |publisher=Stuff |date=30 October 2024}} At his appearance on 17 December the court's duty lawyer informed the court that, "he’s a sovereign citizen...I’m an agent of the Crown, he was very pleasant but he doesn’t want any help.”

In another sovereign citizen-style assertion, Sivell invoked arcane law in claiming "allodial title" over a small public building near Te Puke.{{cite news |last1=Mitchell |first1=Charlie |title=The barefoot, small-town 'sheriff' who allegedly attacked a council boss |url=https://www.thepost.co.nz/nz-news/350010804/barefoot-small-town-sheriff-who-allegedly-attacked-council-boss |access-date=4 October 2024 |publisher=The Post |date=15 May 2023}}

In 2020 Sivell, who was working in Tirau, received a warning from Police after distributing flyers that described South Waikato District Councillor Peter Schulte, who had fled East Germany in the 1980s, as a "Nazi".{{cite news |last=Kirkeby |first=Luke |title=Police issue harassment warning for Nazi slurs |url=https://www.stuff.co.nz/waikato-times/news/300168279/police-issue-harrassment-warning-for-nazi-slurs |access-date=7 December 2024 |publisher=Stuff |date=25 November 2020}} He also texted Schulte to say, "I'm coming for you Peter [...] watch the wrath of God fall upon you."{{cite news |last1=Fisher |first1=David |title=Police stand off with Richard Sivell who allegedly made death threats against Prime Minister Jacinda Ardern |url=https://www.nzherald.co.nz/nz/police-stand-off-with-richard-sivell-who-allegedly-made-death-threats-against-prime-minister-jacinda-ardern/VUJLWAJCY3LWQZBMMIE3ANMBG4/ |access-date=4 October 2024 |publisher=New Zealand Herald |date=29 March 2022}} Sivell's harassment of Schulte escalated from a dispute over whether the council was responsible for repairing potholes in a driveway.{{cite news |last1=Kirkeby |first1=Luke |title=German councillor called Nazi in letter box drop over driveway dispute |url=https://www.stuff.co.nz/national/300052475/german-councillor-called-nazi-in-letter-box-drop-over-driveway-dispute |access-date=4 October 2024 |publisher=Stuff |date=8 July 2020}}

He was a regular voice on Counterspin's Telegram channel, and commonly invoked the Nuremberg code in relation to politicians and law enforcement. He spread COVID-19 misinformation, 5G misinformation, and homophobia. {{cite news |last1=Manhire |first1=Tony |title=9.03am: Te Puke extremist released on bail |url=https://thespinoff.co.nz/live-updates/30-03-2022/te-puke-extremist-released-on-bail |access-date=4 October 2024 |publisher=The Spinoff |date=30 March 2022}}

Sivell participated in the 2022 Wellington protest, which occurred the month before he was first arrest for making death threats.{{cite news |last1=Manhire |first1=Toby |title=Extremist participant in parliamentary occupation arrested after standoff in Te Puke |url=https://thespinoff.co.nz/society/29-03-2022/extremist-and-vocal-parliamentary-occupation-participant-arrested |access-date=4 October 2024 |publisher=The Spinoff |date=29 March 2022}}

{{reflist}}

{{Christchurch mosque shootings}}

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Category:1980s births

Category:New Zealand criminals

Category:New Zealand conspiracy theorists

Category:Sovereign citizen movement individuals

Category:People convicted of speech crimes

Category:Living people

Category:2020s in New Zealand