Anticorruption New Zealand

Open letter to Wyn Hoadley 

Good morning. This is addressed to the TCDC councillors and the various persons associated with  Wyn Hoadley   a copy of this is on http://www.anticorruption.co.nz

We all need to know the people we work with  ,  some  of them have a perceived  ethical standing     and often  you need to look beyond this perception  to see the real person , that way you know who you are  truly dealing with.

For the past 7 years  Wyn Hoadley has been  suing me  to conceal very serious corruption which involves  a person writing and advising on legislation for his own business plan, then implementing this plan,   using a  false name, in  a council  where he as manager of dog and stock control  used the council resources facilities staff and infrastructure to derive a personal income. ( the united nations define this as  a form of corruption known as public office for private pecuniary gain ) . In New Zealand it is apparently condones.. that is why your rates are high.. jobs for the boys !

I  as a private investigator ( former police prosecuting Sergeant ) asked  a simple question from MAF -  why does this  private  law enforcement authority not exist ?

and of Waitakere  city council I asked -why  the council dog and stock  control   manager was contracting animal welfare services to himself and prioritising this over council work, he even    changed the logos  so that his private  enterprise and  the council operation appeared to be one.

Wyn Hoadley stepped in  and not  just condoned this corruption  she helped conceal it.   In 2011 I asked her a number of questions     I have raised these again  you may be  some what surprised  with what has come out in the meantime.

This  is the truth. I stand by everything I have said   I have evidence to support it all   this is extreme corruption being condoned  by  a lawyer  , barrister , former Mayor and a TCDC district Councillor  and a trustee of other trusts.  Please judge her  competence on the evidence.  ( evidence is hyperlinked and  will open in your browser.)

 Questions for Wyn Hoadley

For the past 7 years you and your associates have been pursuing me through the court   .

I have tried to speak with you on a number of occasions as I believe that  discussion is a great basis for  resolution , You have never made yourself available and have  preferred to continue to take action against me under the  guise of AWINZ.

Last  year you claimed $16,800  from me  without ever  advising me that you felt  that this sum was payable to  you  personally  , you  became a substituted creditor and rather conveniently    my company was liquidated when your process server swore a  false affidavit.

I have laid a complaint with the police but your process server conveniently cannot be located or properly identified.

I was fortunate enough that the courts recognised it as the wrought that it was and resurrected my company. See the court decision here   Court Order Terminating Liquidation

Wyn I cannot understand how someone can be involved in litigation like this for  7 years and remain ignorant of the facts.  I have placed   many documents before you which have come from MAF direct.   It is of concern to me that you as Chairperson of AWINZ have never questioned the evidence which proves that the court action which you took against me   in July 2006 was false.

2011 I sent an open letter to you , In it  asked you questions,  you never responded.  I  will go through them again  and show   the  answers  thought the   OIA  and law society  to some  of  those questions    those which remain unanswered I still seek   answers for.

Wyn   I look forward to this matter being dealt with, condoning corruption is not   a good look  and especially  not for  an elected member of council  .   I am putting these questions  ( some now with answers   ) back to you    and   again ask  for resolution  it may be an option that your  mayor   could mediate in a resolution   this has gone on for far too long.

Wyn  I look forward to answers   I   am taking  the liberty of copying  in your fellow councillors  and   will  be publishing this   on my  anticorruption web site.

• My 2011 question was “What exactly did you join  on the 10^th May  2006,  was there a proper meeting with minutes were other people there  or   did the date somehow  evolve due to Mr Wells  completing a form with the charities commission.”

In  mid-2012 Neil Wells responds to the law society and in an attempt to justify   his story of existence of AWINZ  he supplies minutes  which according to   a MAF audit report were missing in 2008   , Neil   is not very computer savvy because  his minutes  show that they were in fact created in  May 2011. Any way that aside  the minutes are supposed to be evidence of  you appointment as trustee .  This might be sufficient   evidence for someone not versed with the law but experienced investigators such as myself ask questions being

1. Why are the minutes not signed? Could it be that between creating the minutes retrospectively 5 years later and sending it to the law society there simply was no time?
2. Why were the minutes lost in the first place when hard copies are supposed to be kept? You according to the concocted records were chairperson for the entire period referred to.
3. If the minutes were lost in 2008 due to a computer crash how come we have a copy now? Is this how you run all the trusts you chair?
4. The trust deed  which was missing in 2000  three weeks after it was allegedly signed  was missing  in  2006 when you without any visible means became a trustee  , How could you  become a trustee without  any   formal acknowledgment to the obligations of the trust and How could you consent to the terms of the trust when you didn’t know  what the terms were, (on account of the deed being missing)?
5. Is it not true that in reality you did not become a trustee on 10 May 2006   and at the very most you formed an informal   arrangement with Graeme Coutts and Neil Wells under a trading name Animal welfare institute of New Zealand.

• My 2011 question was How come you have never been able to provide any documents that  prove that you were a trustee, If you didn’t sign any papers  how did you know you were to become a trustee to a trust, how did you get an obligation to the deed.

This question remains unanswered   only you can answer this   , This was not just some family trust this allegedly was one of only two  private law enforcement authorities in New Zealand.

• My 2011 question was Mr Coutts told me that the trust, he belonged to which by its own   documentation ( 7 (a)) ceased to exist on 1.3.2003, never met ,   so how did you become a trustee of this defunct trust?

This question is for you as a barrister,  I hope that   you know  about the legal  functioning of  trusts  since you have been on so many.

It would be a real shame if you a barrister and trustee did not know   the  formalities  which  go with the running of trusts.

For clarification I am referring to  your  time as  alleged trustee of a trust called  the animal welfare institute of new Zealand (AWINZ )  which had no   provable existence between  10 May 2006  and when you signed  the new deed to cover up the sham on 5 December 2006 – this  deed was  a requirement  for the IRD as without it you could not register for charitable status   Wells in his  affidavit refers to this (paragraph 38 and 39 ).

• My 2011 question was how were you appointed given the fact that the trust never met?

Neil wells predicted your appointment as chairperson of the AWINZ trust in April 2006 , the trustees presumably should have had some say in this  and since the trust   had not met  and according to the minutes had not met since 2004  we have to raise   a question as to how this trust was really being run   .. I forgot I did raise that question that is why you sued me.  I had said that it appeared that the   trust which Wells claimed to be the law enforcement authority appeared to be a sham. I was right   it was a sham but you helped cover up the Sham   so that he could take defamation claims against me.  it needed a  new trust deed to do this    you facilitated it without question!.

• My 2011 question was If this this (2000 AWINZ ) trust still existed, how did   this trust  which was allegedly formed   on 1.3.2000 have any obligations to the approved status given that none of the trustees  other than Wells had   signed any documents for the application   for approved status. And that there are  no documents any where which   bind those trustees to the   responsibility of running a law enforcement agency.

There are several issues with AWINZ first  that it was a trust  the second and the  most important one  was that  it was a law enforcement authority.

We still have not had this question answered – how can trustees of a trust  apply for law enforcement powers when the deed has not  been signed and the trustees had not met?

The other question affects the   legal status of trusts as to being incorporated or unincorporated.

An unincorporated trust gets it existence through the combined trustees who need to be named.   ( as was done  in your statement of claim  on 18 July 2006   except that you had no proof at all that  the tree of you together were a trust or had at any time ever traded  under that name. )

An incorporated trust is a legal person in its own right and capable of suing and being sued in its own name and applying  for  things in the  name of the trust rather than in the name of the combined trustees  . You  continued to pass off AWINZ to the court  as though it was   an incorporated trust when Quite Clearly it never was incorporated.. that is why  you took  me and  the registered trust to court in the first place remember.

The application for approved status was not made by a legal person in their own name it was made by Neil Wells claiming  that it was a trust when  he knew that no trust existed.

None of the trustees of the 2000 deed have ever made an application or been party to an application for approved status. They have not even been involved in the running of the approved organisation so much so that the minutes  of 10 may 2006  had to  explain  to them what an approved organisation was. “What is an approved organisation: It is an organisation approved by Ministry of Agriculture and Forestry under the Animal Welfare Act. AWINZ and SPCA are the only two approved organisations”

So Who or   What was AWINZ the approved organisation .. ? How did you get to be chairperson of an approved organisation other than just by claiming to be?  Wyn in your experience with local government  and law  do such things happen by Osmosis? You used to be a Mayor  and you have never questioned  how   an organisation comes to  run  from council premises.  You have never questioned the fact that Neil Wells was acting in  a situation of gross conflict of interest  in contracting to himself in this MOU .

• My 2011 question was In  May  2006 you assumed the name  Animal welfare Institute of New Zealand  then took legal action  against myself and  the legally incorporated AWINZ  which pre-existed your implied involvement  by  three weeks  - for passing off and  breach of fair trade. As a barrister   could you please   let me know  how someone who assumes a name later can sue a prior existing  legal  entity for   passing off.

Still waiting for an answer for this   perhaps it needs to be put more graphically

1. 27 April 2006 AWINZ is registered ( this is the AWINZ I was trustee of )
2. 10 May 2006  relying only the evidence of this  re-created  minute  and at a time the deed was missing ( according to the minute )  you claim to be a trustee of a trust which did not and could not have law enforcement  authority
3. Letters to the law society from you and your associates  show that you instructed Brookfields
4. 26 June 2006   your lawyer David Neutze signed a letter, he did not disclose that  you  had instructed him, he then supplied me with an outdated trust deed  .
5. You then filed  a statement of claim  on 18 July 2006
6. You have never provided any evidence  until 2011  that you were not   trading as AWINZ before  27 April  2006   and  therefore  you have  absolutely no case  for passing off and breach of fair trade because you could not have traded  before 27 April  2006  as you have no  legally acceptable evidence of being  involved in any manner or means with AWINZ prior  to  5 December 2006  when you  signed are hashed trust deed .

• My 2011 question was How we could have been  breaching the fair trading act  when you had not traded using the name AWINZ prior to our existence.

This question remains un answered and the evidence   above shows  that you had absolutely no   grounds  for a claim of passing off and  breach of fair trade.  How  can you as a barrister possibly consent to   a claim being  filed in court   making those allegations  they are blatantly false.

• My 2011 question was How could you sue us without checking the validity of your claim?

As this signature shows you have passed yourself off as Chairperson   throughout 2006   this one is from a fundraising letter   this at a time  when  you have no  formal  standing as a chair person .

Wyn it scares me to death that a former Mayor, current councillor  and barrister has no notion of the formalities that come with holding office in what you allege to be a law enforcement authority.

You know I have raised these points I have personally handed you the evidence.. have you  in 7 years never read anything to do with the court action ? Have you simply facilitated it in your name  and  chosen to remain ignorant?

• My 2011 question was Since you  took action against us, a legally incorporated charitable trust for passing off and  breach of fair trade, do you not think that the logo you and your  associates  Mr Wells and Mr Coutts JP   adopted  was not a tad  similar with the  logo on the  Waitakere council dog control building?  And could also be seen as passing off and breach of fair trade?

For  the record they are shown  here

As a councillor would you be concerned if the TCDC council was being used in such a manner or would you also turn a blind  eye or as in this case   do what you can to cover it up ?

It may also pay for you to read this audit report   from MAF which states in their final draft audit 2008 “it was at times difficult during the audit to distinguish where the structure  of AWINZ finished  and where WCC began  hence it was  at times difficult  to separate the AWINZ organisation  from that of WCC. For example AWINZ inspectors are not employed by AWINZ but are  all employees of WCC page 9   all personnel  ( including the AWINZ  inspectors ) based at the WCC animal accommodation  facility (48 the concourse ) are employees of WCC It must be noted that AWINZ does not have any employees as such , apart from when they contract to the film industry  to monitor AW issues, this did  lead to some confusion regarding he demarcation between the two organisations”

• My 2011 question was Why was the new logo you adopted  so close to the ones on the council building and vehicles?

You have never answered this. I believe that AWINZ changed its Logo in the time when you  were Chair person .. was this never of concern to you ? You signed this fundraising letter   which bore a near identical   logo to the council  signage and you did not  question it? ( the colour on the  fundraising letter was dictated by the two tone print in which it was produced  but otherwise the AWINZ logo was basically the  council logo without  the  words institute of New Zealand underneath it). And this occurred at  a time when you were actively pursuing me through court for questioning the seamless   existence of AWINZ and council .

• My 2011 question was why did you use the council phone number for your flyer   and why continue to use the postal address of the   council manager Mr Wells ( your fellow trustee); do you not think that that was a conflict of interest for him?

You have never answered this. These were the very qustions being raised   and it was because I raised these questions that you sued  me, WYN an astute person would have picked up on this      why did you turn a blind   eye?

• My 2011 question was You signed this  donation flyer and also  the  following years flyer  . Legislation states that  “No trustees or society shall be incorporated under a name which is identical with that of any other Board  “ Mr Wells ( the  council manager and your  fellow trustee) had  a letter from the ministry of economic developments which explained  this  point  . Please explain by what legislation or documentary evidence you can supply which gave you the right to call yourself the chairperson of the board of trustees of AWINZ.

You have never answered this. Perhaps you don’t understand the question  – You claim to be chair person of a trust, You   became chairperson   at a meeting    which had persons present who were not trustees   and where only three trustees were present. The  trust by its own minutes  had not met since allegedly 2004   when its deed states that the trust will meet no less than  four times per year.    Of course you weren’t to know that   the deed was  missing at the time, it says so in the  minutes .

The minutes also record “Status of Deed

Neil advised that the original signed deed had been mis-filed

Neil and with Wyn will work on a revision of the deed

Deed needs to be finalised in the next 4 weeks “

It is therefore blatantly obvious that you knew that the deed was missing..    Wyn How can you be a trustee of a trust when you don’t know what the terms of the trust are ?

• My 2011 question was Wyn , as Former Mayor   and now a  councillor  of TCDC   does this mean that you support council officers  running a    private venture using  council staff and resources to generate income for   a group other than Council?

You have never answered this. It would  appear by your actions that you go out of your way to protect private pecuniary gain from  council assets.  I suggest that You read the united nations convention against corruption   to get a copy I suggest you speak to  Steven Hoadley   you know where to find him .

• My 2011 question was This practice internationally is  known as corruption  , in  taking action to conceal  the activities  of Mr Wells and his  approved “ organisation “ which in reality was no more than an alias for himself , do you not think that you may have been concealing corruption ?

You have never answered this. Your actions  over the past  years since this question has been put to you indicate  that   you do not hesitate to crucify persons such as myself for questioning corruption

• My 2011 question was Why did you as chairperson  not have any over sight over the bank accounts?

You have never answered this. The  minutes   indicate that  the bank accounts  were not in the control of the trustees.  In April 2007 I saw the bank accounts and found that they were totally in Wells control   You have continued to allow them to be in Wells control.  Even MAF raised questions about this in the audit report which you specifically sought to have withheld from me.

• My 2011 question was what due diligence have you ever done with regards to the setup of the “organisation “you claim to be head of?  Why sue before you have done   due diligence?  And why did you not wish to discuss the matter with me or meet with our trustees to attempt to resolve it?

You have never answered this. You appear to  prefer to remain   silent    and continue to attack me as you did last year when you callously and illegally liquidated my company  through your actions..  It amuses me that you call yourself Humanitarian   what you have done  to me and my family would   have had you charged under the very legislation which you  claimed to have administered if  I had been a dog. 7 years of inhumane treatment torture is  unacceptable. .

• My 2011 question was The legal action you took against me and the legal entity  AWINZ was    to force us to give up the name and the web site, You have stated that the trustees of AWINZ decided to instruct legal counsel Brookfield’s.   Why then go to a lawyer Vivienne Holm who did not have a practising certificate.

You have never answered this. More has come out about this through the law society,   why  ask a legal exec to phone me late at night and intimidate me?  Is that how   it is done?

• My 2011 question was Why not take the recommended action as advised by the MED in the letter Mr Wells had or could you not take this course because you did not have the evidence or the standing?

You have never answered this.

• My 2011 question was You always said it ( the legal action )  was urgent is that why Intimidation was the chosen  method? Did you condone the intimidation? You certainly did nothing to stop it!

You have never answered this. I did phone you and asked if we could talk you  said that  you were not the messenger..  Wouldn’t talking have resolved it  easily and quickly  .. why not  talk?

• My 2011 question was Did you instruct Vivienne Holm to  intimidate us  , did you check the facts  of the letter Mr. Neutze sent on   “your instruction “   and did you check the  “statement of claim for accuracy”

You have never answered this.

• My 2011 question was You withdrew your claim (passing off and breach of fair trade)   after you had  brought about  some  $20,000 cost against  me personally all intended to  strike out my defence of truth and honest opinion with regards to  the  questions I had raised   about AWINZ. Do you think that that was ethical? As an officer of the court  should you not have spoken up and advised the court that you really did not have a rightful claim or standing?

You have never answered this.  This is now the basis of my claim to the court for obtaining a judgement by fraud due to the fact that there now appears to be no evidence at all that you were a trustee   prior to 5 December 2006

• My 2011 question was In December 2006   some 5 months after you initiated legal action without seeking redress outside the court you signed a trust deed , this trust eventually obtained charitable status and retrospectively took on the role as the approved Organisation.. Could you please explain how this is legally possible?

You have never answered this. You may not understand this   but   how could    a new trust formed  5 Dec 2006 take over  the function of  law enforcement  when this law enforcement was not carried out by  a trust.  Did you never ask for minutes  did  you never question why there was a lack of documentation?

• My 2011 question was This ( Dec 2006 ) trust obtained   charitable funds  which were used in the litigation against me which  was conducted in the  name of AWINZ,  could you please advise  why  the lawyers  your trusts funds paid for ( being Brookfields for  these invoices ) were able to claim that your unincorporated trust was a legal  entity in its own name  and how  your Dec 2006   trust  established  5 months  after the statement of claim was filed  got to be involved in the  litigation.

You have never answered this. Perhaps you don’t understand this

The money was given to Wells in 2005   the background to the funds are set out  in these blog posts

The Lord Dowding fund how to use charitable funds to conceal crime

The truth about the New Zealand fund for Humane Research

Would the real Lord Dowding please stand up

How did this money  which was given for humanitarian    purposes  get to be used for  pursuing me though court for questioning corruption.

In using this money you destroyed my family   caused me to   fear for my life ( due to being near suicidal due to you r action  and  bringing about health issues caused by the long term stress)

I would sooner have  had a  short bashing by  a thug  than the prolonged  duress you have subjected me and my family too    what you have done is extremely cruel and inhumane.

• My 2011 question was I note that   on various sites you set out your public involvement   why do you never make mention of AWINZ ?

Even with your candidacy for TCDC  I would have thought that  revealing that you were a trustee  of   a Law enforcement authority under the animal welfare act would have been a biggie.  Why has your involvement   with AWINZ been so  secretive?

This is a copy of your letter relinquishing   the approved status  is here, it puzzles me that  you  relinquished something which was not yours  in the first place

1. My reasoning is that   You did not sign the application
2. MAF had  no documents which were signed by you ( or any other person  apart from Wells ) except the  relinquishing letter
3. So the question has to be  How did you ever get to  become a representative of a law enforcement authority ?

Wyn  Law  does not jump through   vacuums  You do not become a trustee without  going through the proper process   and you cannot become a law enforcement authority through thin air.

You have spent 7 years  trying to silence me ,  it is enough Wyn   You have destroyed my family  You have taken  some $300,00 from me and  you are still pursuing me for more. What more  do you want.

How can you sit there on your moral high horse and be so cruel

Wyn  you have had all the evidence sent to you 10 times over  a diligent person would have had  alarm bells ringing by now and distanced themselves and  be seen to  put the wrong  right but you have continued  on   supporting the campaign against me and my family relentlessly  allowing the charitable  dollar to be used in pursuit of  this  concealment of corrupting  see

Wyn  it simply has to stop   will you come clean ? ( I rather think you  won’t   because you are in too deep and you  know  it  and you will do anything to  protect your perceived pure reputation )

I do  know  Wyn that you won’t be taking me to court  for defamation because you know that I can prove everything I have written and you  know that I am speaking the truth.

Do you think we should sit down and talk Wyn? Well I  don’t think  you are willing I  did phone you   this morning at 10.15  and you declined the offer.

Regards

Grace Haden

VeriSure

Because truth matters

Phone (09) 520 1815
mobile 027 286 8239
visit us at  www.verisure.co.nz

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