Since becoming a party to the anti-bribery convention in 2001, the country hasn’t prosecuted a single foreign bribery case, and only four allegations have surfaced, the report said. It opened the first investigations into two of those allegations in July 2013.
It is strange isn’t it that there is no bribery in New Zealand , I have to agree that Bribery is pretty much no existent because we simply don’t call it that and we don’t recognize actions dressed up as ” transactions ” as bribery.
Take for example the American business man Terry Hay who is a PACIFIC RIM INVESTMENTS LIMITED (493822) – Shareholder and PRI FLIGHT CATERING LIMITED (709847) – Shareholder. Until recently he was a director of PACIFIC RIM INVESTMENTS LIMITED
I questioned the address which he used on the companies register , after proving that it was false and found that he simply rectified the matter by resigning as director, he is still however the companies major shareholder and using the same fictitious address. the companies office appears to be comfortable with this and sent me their policy on enforcement
Terry Hay is a partner of David Nathan of Auckland chamber of commerce fame.
Terry Hay was charged with a number of charges of fraud by the ministry of economic developments national enforcement unit the charges are here
He had created a fictional liquidator and director to avoid paying lawyers bill . His associate Lyn Pryor was convicted and received a slap across the and with a wet dish rag the news items are Charges over alleged fake liquidator and Boss invents accountant to escape $60k debt
Hay absconded and lived in Honolulu he then attempted to bribe his way back in to the country the NEU refused and told him to front the judge , the NEU was wound up the charges were dropped and Hay is back in the country . The Official Information act response if here Download View as HTML
Now it appears that making a deal with the crown law office is not bribery because the payment doesn’t go to one person we just do it on a larger scale and payments are possible if you pay the government department and rely on confidentiality.
Sky city also appears to be in the news this week for providing Mayor Len Brown with a room to entertain his lady friend in. Of course he insists that he paid for it and Sky city are not going to say any different they have favours owing to them. they wish to expand.
It appears that In New Zealand Bribery is not an issue as blackmail is more then likely the tool of choice, the blackmail is not played out in any letters or by any words but with a wink and a nod, it appears that in this corruption free society of ours we have a policy where by every one has the dirt on every one else and so it is a case of let he who is without sin , cast the first stone.
The rot is coming out from under the carpet even police search warrants magically drop text between versions as demonstrated in court this week in Vince Siemers case agaisnt the Police this is a copy of the search warrant he received on the day and this is the copy which Detective Superintendent Andy Lovelock produced in court as the original .
Now I happen to know a bit about originals and copies and it would appear that there are two possibilities
1. the photocopy machine which copied the original search warrant malfunctioned and copied out a version which didnt have the year and a large section of words or
2. there are two ” original versions ”
the legislation which deals with search warrants states that the copy of the executed warrant must be given to the party being searched.. It appears that Vince never got a copy n 5 years.
I am certain that there has been no bribery in this matter , but I bet there was a nod and a wink some where along the line.
Isn’t it great to live in the worlds least corrupt country. we are so free from corruption and bribery that we don’t have to have protection in place.
I am seeking urgent legislative amendments to the oaths and declarations act. There is apparently nothing in the act which requires the taker of the oath to identify or confirm the identity of the person making the oath. This comes in light of this response received from the law society response from the law society to my complaint set out below .
Co incidentally there appears to me moves afoot in the UK to do away with the oath being taken on the bible. And it makes sense that deponents are actually identifiable as Ian Abrahams, a magistrate from Bristol, said “I’m suggesting we take holy books out of the process. Instead, people will have to show they understand they could be sent to prison if they don’t tell the truth.”
While swearing on the bible may have had the effect of keeping people honest in the middle ages it has little or no effect today especially when the deponent knows that they will not be prosecuted as they cannot be identified. It may have been a different matter in days gone by where in smaller communities people knew each other but in today’s transient society identify has become a far greater issue.
While swearing on the bible may have had the affect of keeping people honest in the middle ages it has little or no effect today especially when the deponent knows that they will not be prosecuted as they cannot be identified. It may have been a different matter in days gone by where in smaller communities people knew each other but in today’s transient society identify has become a far greater issue.
Section 110 of the crimes Act makes it an offence to “makes a statement that would amount to perjury if made in a judicial proceeding.” However if there is an issue of identity, accountability cannot be achieved and this leaves a gap in the law where it is possible to swear a false affidavit and remaining anonymous due to the law not requiring the disclosure and confirmation of the identity of the deponent .
I suffered the effects of a false affidavit and he deponent cannot be identified or located , I am certain that I am not the only one to have been affected in this manner but many would not know that this has occurred in their case and may have suffered an injustice because of it.
By Swearing an affidavit using a name other than your legal name and using an address which is so wide that it encompasses an entire city has the effect of avoiding prosecution and putting an almost impossible task on the person against whom the document was produced to attempt to prove that the deponent was fictitious. I am certain that this is not what the law intended. So how does swearing on the Bible make this document truth ?
This issue would be easily overcome by requiring all deponents to produce valid photographic identification and full residential address including proof of residence at that address.
Ideally every affidavit must be supported by a document which shows an imprint of the passport or drivers license of the deponent and confirmed and certified by the oath taker as belong to that person. These documents could then be filed electronically with the court and held on file for a defined period of time. This is a simple but logical step which would introduce accountability.
In the absence of such a law change it is necessary for affidavits to be confirmed in court on oral evidence, if the person swearing the affidavit is not known to the party against whom the affidavit is sworn and makes the whole point of affidavits worthless and will result in more court time being consumed.
No documents had been served on me and when this was proved to the court the liquidation was reversed. See court decision
I made a complaint to the police but Mr Parker has not been able to be found as his full name was not shown on the affidavit and his address was also missing.
I am a licenced Private Investigator and am concerned with the use of unlicensed unregistered and un-locatable persons being able to swear blatantly false documents.
I published an article on my blog and was approached by a lady who had suffered the same through the same document serving company Translegal services limited
Due to her document server living in Dargaville, he was located and identified and is now facing criminal charges.
Just recently we became aware that the same lawyer swore both affidavits.
I wrote to the law firm concerned and received a short reply “It has never been a requirement to identify the person swearing an affidavit.”
I was doing some other research this week and found form C8
The form quite clearly states that a requirement is “full name, place of residence, occupation”
It is simply wrong that an unidentified person can swear a false affidavit which can have massive repercussions on people’s lives and I therefore wish to make a complaint with regards to AL Jones for being reckless in swearing affidavits in not obtaining full details from the person swearing the affidavit as required under the provisions of form C 8 .
If Al Jones has not breached any rule I would hope that the law society will tighten up on requirements for its members to obtain details and confirm identity when swearing affidavits.
On 8 October 2013 I received this response from the law society, I note that the law society evades the real issue which is the identification of the deponent the affidavit which I referred to simply said that “I, TONY PARKER of AUCKLAND. Process Server contracted to Translegal Services NZ Limited, swear:-“
The Police have not been able to locate or identify Tony Parker of Auckland he may as well have said he was “Parker from New Zealand”
If as the law society says “The lawyer taking the affidavit is witnessing the promise of truthfulness not inquiring into the actuality of truthfulness. The lawyer does not read the contents of the affidavit (unless the deponent is blind in which case the contents must be read out loud to the deponent). “Then how can the deponent be held accountable to the truth if the deponent cannot be located again or identified?
I do not agree that it was regrettable that the lawyer has been caught up in this situation, I think that the process is slack. I have sworn affidavits before JP’s and have had to produce my driver’s license or some sort of identification. I have had deputy registrars refuse to witness my affidavit because I didn’t have the words I, [full name, place of residence, occupation], swear— when I have had that information in the affidavit but not precisely as quoted.
There is a need to standardise the process so that all who take oaths use the same procedure and ensure that the deponent is properly identified.
I hope that you can see the need for this law change and that this can be implemented soon in the interest of justice.
last week we saw an item in the Herald Man jailed for scamming North Shore council this was the final saga in a series of articles which date back to 2010, ironically that is the date when Auckland council was formed.
The links to the stories are as follows
Not one of the news items mentions a whistle blower, this was revealed in this mornings paper thought a letter to the editor by Larry Mitchell
That whistle blower was indeed luckier than I was I guess it was because Hemant Kumar Maharaj and Suresh Din were not lawyers and did not know how to use the court to conceal their offending.
Had they been a Lawyer Like Neil Wells for instance they would have immediately taken action against the whistle blower and discredited him/ her .
Strangely enough Auckland Council who is according to the article “vigorously pursuing the defendants” through a civil claim in the High Court to seek full recovery of its costs.” is not at all interested in recovering or even investigating any matters relating to what went on in Waitakere city .
Len Brown claimed that the fraud which operated from 2000-2010 is historic , it would appear that it is just as historic as this matter.
Lets see what the new council will bring fortunately there will be a new CEO and a new counsel for council . Wendy Brandon is to be chief of staff for David Cunniliffe , I dare say that if the new counsel and new CEO are at all savvy we will find that we will have a new item to match this one from Spain. Spanish court convicts 53 in corruption trial
I do hope that they set up whistle-blowing facilities and take whistle blowers seriously it would save millions.
Transparency International has conducted a survey of more than 114,000 respondents in 107 countries. It unfortunately does not mention how many people were surveyed in New Zealand. there appears to be an increase of numbers reporting corruption within institutions and the number of people who have reported paying bribes even 3% paid to the judiciary is too much in the country which claims to be corruption free… Yeh Right !
perhaps the most interesting of all of the statistics is “TO WHAT EXTENT DO YOU AGREE THAT ORDINARY PEOPLE CAN MAKE A DIFFERENCE IN THE FIGHT AGAINST CORRUPTION?”
26% strongly agree 55% agree 13% disagree and 5% disagree
The true barometer on Corruption in New Zealand is what is seen in actions
The 81% who think they can make a difference are very much the silent majority .. and they obviously have not had their eyes open or not tried to report corruption.
If those people actually did something the following evens would not be occurring.
1. Vince Siemer editor of Kiwisfirst.com is being sent to prison for 6 weeks because he reported an error made by a judge. An error which she covered by a suppression order.
Compare this to
2. Business man Terry Hay who was charged with 22 counts of fraud who skipped the country and returned years later and got his QC Mr Robert Bruce Stewart QC to pay off the crown law office see FYI.org to drop the charges . This is after his lesser co offender entered a plea of guilty and was convicted.
Does this not prove that Fraud is condoned but transparency is punished!!!!!!!
It is only due to my own involvement with whistle blowers that I have become aware of the plight, I bet that each and every one of us all face the same and we all face it along.
I was sent the following link this week about a whistle blower on the world bank
so look at the U tube clip well worth it
World Bank: Money Laundering Criminals | Interview with Whistleblower Karen Hudes
It appears to m that the most abused Whistle blowers have one thin in common, we are all exposing corruption at Government level. a NO NO !
The very people we elect and are supposed to represent us are actually in bed with big business.
I am currently reading “double happiness “ well worth while
I have tried to see my local MP again but John Banks is so twitchy he wont let me near him because despite the fact that we have freedom of association I know people who know the people who are suing him.
Too bad about the democratic right of having representation in Government.. not for me.
so when Whistle blowers speak out they lose and political Bullshit wins and the people keep their heads in the sand a bit longer.
Yeh !!! we have news papers speaking out and supporting whistle blowing see the dominion article here
I have posted the following on the site and hold my breath if the new paper will do anything with it or if it too will demonstrate that they were but empty words .
my comments which are awaiting moderation are as follows .
“I am a licensed private Investigator. Some years ago a dog control officer came to me with concerns that she was required to volunteer her council paid time to carry out animal welfare duties.
Animal welfare is the responsibility of central government it is performed through the RNZSPCA. At that time there was a second private law enforcement authority the Animal welfare institute of New Zealand (AWINZ )
AWINZ operated from the Waitakere city council dog control premises, used the council staff, vehicles plant and resources. I was asked to find out who or what AWINZ was and discovered that it did not exist beyond the dog control manager who was a barrister and had both advised on and written the bill for the legislation which had facilitated a fraudulent application by him for law enforcements.
He had made false claims to the minister bout AWINZ existence when in reality it was nothing more than a pseudonym for himself. He later went on to effectively contract to himself as manager of dog control contracting to the pseudonym.
As a whistle-blower I have been done ” like a dogs dinner ” pardon the pun.
It has been covered up at every level of government.
It is proof that Councillors have no influence or say as to what goes on in council divisions and these divisions are able to take on a life of their own including the use of public resources for private pecuniary gain. That is more than likely why our rate are so high.
Fines under the animal welfare act are up to $350,000 and section 171 of the act allows the money to be returned to the approved organization ( the law enforcement authority section 121 AW act ) .
MAF had not checked the existence of AWINZ and neither did the minister therefore it is much easier to shoot the messenger
The neglect of MAF and council has cost me well over $300,000 and 7 1/2 years of my life. They continue to cover up , if they cover this up what else are they hiding ? and how responsible are they really ?”
I am keeping my fingers crossed that the dominion may do some whistle-blowing on the whistle blowers issue . I do note that they have an other item ” Justice hacker sparks police probe“ so who knows perhaps times are a changing.
Having a blog is great because people see that they are not the only one to have to deal with issues such as non service. So today I have the pleasure in providing part two of document service How Translegal do their affidavits.
The licenced Private Investigator sticks to the script as reported in the Approved and acceptable standards for document service in New Zealand and employs a document server who is of little or no fixed abode and with a generic name so that they can fade into the sun set.
In this case it is a Mike Downey . Mike was required to serve a set of documents on a lady to make one of her children a ward of the state so that the grand ma and grand dad could stick needles in him to make certain that he was their grand son .. no minor matter and assault in my mind and breach of privacy to boot but that is beside the point right now.
The affidavit of Mike Downey …its a shocker .
- The affidavit is sworn on 31 of 2013 , fortunately we worked out that it was January because February was the only other month so far in 2013 and it only had 28 days .
- The affidavit of….. does not say whose affidavit it is on the cover we have to make that out from the scribble inside.
- Michael whose last name is not clear shows that he lives in Dargaville he claims he is a legal document server , but so is any one else ,apparently, if they hand over a legal document, no skill or registration required. You serve so you are.
- Fortunately we can identify him , he left his card with the registrar so we now have his Po Box number and probably the number of a pre paid Sim card. wow set up for a quick get away … hope you are taking notes
- At least we also know now that the squiggle that was supposed to be a name stands for Downey
- On Monday 4 January he claims to have served the respondent with the papers just a few issues here first she never got them , she was away for the holidays
- and according to the majority of calenders int eh country the 4th was a Friday
But who cares about details when you are committing perjury in for a penny in for a pound.
Legitimate Document servers in the far north have been wondering why this part of their work has all but dried up
We know why.. Translegal can afford to under cut them. and there is no risk to their licence because its all condoned.
Ethical document serves would not even think of using such practices but what chance do they have , you don’t even have to do one visit all you do is swear an affidavit and keep your fingers crossed.
Lets hope that the police will move to prosecuting perjury with as much vigour as the speed limit is enforce.
We believe this is the fine upstanding citizen who undertakes the document service .If you can give us more details we would love to hear from you
just make a comment at the bottom of the blog and I will get the message, your details will not be released.
For more on this see http://justnz.wordpress.com/
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 10th 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
- 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?
- 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.
- 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?
- 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)?
- 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
- 27 April 2006 AWINZ is registered ( this is the AWINZ I was trustee of )
- 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
- Letters to the law society from you and your associates show that you instructed Brookfields
- 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 .
- You then filed a statement of claim on 18 July 2006
- 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
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
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
- My reasoning is that You did not sign the application
- MAF had no documents which were signed by you ( or any other person apart from Wells ) except the relinquishing letter
- 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.
Because truth matters
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In a new twist to where is Wally we also have where was AWINZ
MAF believed that AWINZ was run from Waitakare city council premises but Waitakere city council denied that it existed there.
Mind you given that the organsiation did not exist that makes perfect sense , because AWINZ did not exist it could therefore not have been at Waitakere.
But in a bizarre twist the minister for Agriculture believed that it did exist because they had given it law enforcement powers which were being delegated through the council staff .
In a question in parliament the minister was asked
7723 (2007). Rodney Hide to the Minister of Agriculture (07 May 2007):Was any verification undertaken to determine whether the Animal Welfare Institute of New Zealand was a bona fide organisation with a proper legal structure and accountability before Barry O’Neil, Group Director, of the Biosecurity Authority signed a Memorandum of Understanding with Mr Neil Wells, signing as a Trustee of the Animal Welfare Institute of New Zealand, on 4 December 2003; if so, what was the result; if not, why not?
Hon Jim Anderton (Minister of Agriculture) replied: The Animal Welfare Institute of New Zealand is an approved organisation under the Animal Welfare Act 1999. Before the Animal Welfare Institute of New Zealand was declared to be an approved organisation under the Act, its application was carefully considered in relation to the relevant statutory criteria. These include, inter alia, the accountability arrangements, financial arrangements and management of the organisation. There was no statutory requirement that these matters be re-considered for the purposes of signature of the Memorandum of Understanding, which defines the requirements to be met by the Animal Welfare Institute of New Zealand in the selection and appointment of, and other matters relating to, Inspectors and Auxiliary Officers appointment under the Animal Welfare Act 1999, the enforcement of the provisions of the Act.
My comment: From the information which I have it appears that Mr Wells who was the only person acting for “AWINZ “ everything he said was accepted without verification he gave a number of assurances that AWINZ existed these are
- 28 January 2000 Maf requests Could you please provide documentary evidence confirming that the Trust has been legally registered under the Charitable Trusts Act 1957.
- 17 March 2000 Wells responds and asks for the registration criteria to be reconsidered. He concludes by stating AWINZ can produce evidence that the trust is In being by providing a signed copy of the trust deed and will give an undertaking that it will be registered with the Ministry of Commerce.
- 25 March 2000 Wells writes to minister and advises him that a signed copy of the deed will follow -claims that the original is being submitted to Ministry of Commerce for registration as a charitable trust in accordance with clause 20 (a) of the Deed
- - originals are never sent certified copies are
- b. there is no section 20 in the deed. trust deed.pdf
- In 1998 Wells put a proposal to the council for a trust called the national animal welfare trust this trust was registered by him in 1999 as was another trust called the ark angel trust. This registration process that he knew the process and if AWINZ had existed by way of trust deed on 22 November when the application was made it would have been well registered by Christmas.
- The evidence from the chronology appears to be that MAF was out of their depth with the legislation as they continually asked Wells for advice on it. The advice given appears to have been self-serving.
Strange too that I should find correspondence from MAF which indicates that None other than Mr wells was consulted in formulating the ministers responses .
Similarly Mr Sheard the lawyer for council also consulted Mr Wells to reply to the LGOIMA requests which led to him never checking if AWINZ existed on the premises but denying that that it did and maintaining that there were no third party agreements for use of staff, .
28 January 2009 “It is not clear what you mean by “agreements with third parties for and on behalf of Waitakere City Council with respect to employees of Waitakere City
Council”. Animal welfare inspectors are not warranted by the Council, they are
warranted by Ministry of Agriculture and Fishery under the Animal Welfare Act 1999
and that action can not have occurred without the consent of the individual
employees. You will also need to explain what you mean by “third party use of
council facilities”. My enquiries have not disclosed any use of the Council’s animal
welfare facilities by third parties.”
11 March 2009 “Finally I note that you continue to allege that AWINZ operates from the Concourse, despite the firm denial in my letter dated 28 January 2009, paragraph 5(h). The basis for that allegation is not clear. In this regard I record that I have seen a transcript of your telephone conversation with the Council’s call center on 1 February 2009. The conversation which took place does not provide any factual basis for continuing to make this allegation”
The agreement which had been signed with third parties was the MOU between animal welfare and AWINZ Wells signing for AWINZ Didovich for dog and stock control
Didovich leaves Council and Wells takes on that position this means that Wells now has responsibility to both sided of this MOU , effectively he is contracting to himself.
Page 2 ” 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 accomodation 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 the demarcation between the two organisations .”
page 18 Location of audit WCC animal accommodation the concourse
then to add to the confusion the logo which AWINZ used and the logo on the council vehicles ,buildings and gate were deceptively similar .
The dog control officers believed that it was part of their contract to sign up as animal welfare officers , those who questioned lost their jobs.
Further questions asked in Parliament were by Wayne Mapp again judge the answers for yourself the evidence is all here
3013 (2006). Dr Wayne Mapp to the Minister of Agriculture (29 Mar 2006):What investigations did the Minister undertake before approving the Animal Welfare Institute of New Zealand (Inc) as an approved organisation under the Animal Welfare Act 1999?
Hon Jim Anderton (Minister of Agriculture) replied: The Minister at the time, through his officials at the Ministry of Agriculture and Forestry, undertook detailed investigations before declaring the Animal Welfare Institute of New Zealand to be an approved organisation under the Animal Welfare Act 1999. This included consultation with the Department of Internal Affairs, Treasury and the Crown Law Office.
My comment: While extensive legal opinions were sought to the ability of AWINZ to provide animal welfare services for council there were no investigations as to the existence and operations of AWINZ itself. Crown law office Maf and treasury opposed the application . It was a legal opinion obtained by the council on which Neil Wells appears to have had an input, which was used to persuade MAF to allow the document to go forward to caucus. This happened after Mr Wells had met with the then president of the Labour party his colleague and Mayor Bob Harvey.
My evidence is:
- Connections Bob Harvey and Wells
- Bob Harvey owned Mac Harman Ayer advertising 1962-1992 Harvey CV
- Neil Wells was general manger there Neil Wells C.V.
- Bob Harvey in welcoming Wells to Waitakere stated “Neil is an old colleague of mine from advertising days and takes over from Tom Didovich.”appointment wells.pdf
- d. Wells briefed Harvey when MAF objected to AWINZ becoming approved harvey briefed.pdf
- e. a paper was prepared for caucus which wells had had the ability to have in put into commentary-from-Wells-on-caucus-papers.pdf
- the applications are considered by caucus and the minister approves the application despite
- MAF believes that, as a matter of public policy, it is not appropriate for you to approve a proposal which is contrary to the law. 30 may 2000 uncut
- MAF considers, following advice from Crown Law Office. that the proposed funding arrangements between AWINZ and the Waitakere and North Shore City Councils are ultra vires the Local Government Act 1974.resulting in financial arrangements that are such that having regard to the interests of the public AWINZ is not suitable to be declared to be an approved organisation;. 30 may 2000 uncut
- The WCC obtained a legal opinion” the legal opinion was obtained by dog control and not the council. Maf also notes that should AWINZ’s application be successful, AWINZ expects to take over the animal control activities and facilities of the WCC. Longer term, AWINZ intends to compete for local authority animal control contracts “anywhere in New Zealand but only if the contracts include animal welfare. MAF considers that this strategy is not appropriate given the concerns about the legality of TA funding.30 may annexure some missing sections
- Crown Law has advised MAF that the Local Government Act does not allow a territorial authority to fund an animal welfare organisation or employ animal welfare inspectors. A territorial authority may employ staff only to perform its functions as set out in that Act and may only spend money on matters expressly or impliedly authorised by statute. Crown Law considers that if Parliament had intended a territorial authority to have an animal welfare role then the power could be expected to be found in the Local Government Act or other legislation.I believe that the opinion given by Crown Council is detailed and persuasive and raises an important matter of public policy. I would need to consider whether I should approve a proposal given that I am advised that to do so would be contrary to the law.12 june Maf copy and the uncut version showing what MAF removed when they sent the document to me 12 june wells copy
- Maf state “Whether or not we approve AWINZ should stand on Its own merits ie I am not keen on the Government entering into an agreement under S37T to legitimise something that is not a l ready legit “28 aug 2000.pdf
- ” If the crown were to enter into an agreement with TA and with AWINZ that would be recognition that work was being undertaken on behalf of he crown should it come to pass that the TA was held not able to undertake the activity from its funds the crown would be left with a potential claim against it.”8 sept 2000.pdf
- A definitive resolution of these conflicting legal opinions should be decided in court. should the minister agree to approve AWINZ or decide fi the risk is too high Maf believes regulatory clarity should be sought to remove any doubt13 october 2000.pdf
- Bayvel to Neeson ” although Neil has drafted the documents himself they will need to be closely scrutinised by you and legal to ensure that the crowns interest are protected12 dec 2000.pdf
- i. From treasury : Our overall advice is that you do not send this paper to Cabinet. The paper has not clearly argued what the benefits and costs( economic, social, fiscal) of approving AWINZ are and why these benefits outweigh the costs.treasury.pdf
I refer to my earlier post an open letter to ministers .
I have received a reply from Judith Collins 1625 – Grace Haden
The following is my open letter to the minister in response
To the Minister of Police and the SFO
Ministers of Justice.
Thank you for your response 17 April.
The issue which I have is that currently, it is impossible to report corruption.
The Issue which I seek assistance with is the inability to report corruption. For 6 years I have tried to report corruption without success, despite having a truck load of evidence obtained from the government’s own files.
The two forms of corruption which I wanted to report are
State capture. –
- The incident where a person wrote legislation for his own business plan
- and advised on that legislationto see it become law.
- He subsequently made an application under that very legislation, for a fictitious organisation to obtain law enforcement status.
- He was politically so well connected that despite objections of Maf and treasury as to the approval of the approved organisation ( section 121 Animal welfare act )
- he was able to re write caucus papers
- to see the fictional organisation become a law enforcement authority
- The reality was that at all times he was the only person of this fictitious organisation and used this to derive a personal income.
Public office for private pecuniary gain.
- The use of a territorial authority’s staff, infrastructure resources and plant to derive a personal income from the public.
Neither of these matters has been independently investigated and this needs to occur in the public interest.
When I took it to the SFO they said” where is the fraud”, the police said I did not have sufficient personal interest to be a complainant. The ombudsmen say it is now historic, the auditor general and state services commission were not interested and MAF are doing all they can to cover up.
I am not asking you to get involved in my personal battle. My battle however would not have occurred if there was somewhere where we could report corruption.
My incident is proof that territorial authorities and Government departments alike cannot investigate or monitor corruption and in fact facilitate it.
There are too many people within these organisations who are all too happy to see opportunities for self-enrichment due to slack or non-existent policies and controls.
We desperately need a definition for corruption Once defined we can implement policies which prevent corruption and methods by which accountability is ensured.
As to our justice system Yes it is efficient, so efficient in fact, that a person can be heavily fined on the uncorroborated evidence of a person who seeks to conceal corruption and who does not provide the court with any evidence at all except his verbal testimony.
I made a complaint of perjury to the police who felt that it was uneconomical to pursue. If we can accept lies in court where is the justice? And why should economy be relevant to justice, we cannot cheapskate on the integrity of justice.
Our courts are based on the same principal as gambling, you may have the best hand but if your opponent is financially more robust, then you cannot see their hand and have to fold.
When the courts are dependent on buying your right to justice there can be no justice.
If we deny people their lawful right to a defence, provide no evidence of their guilt and allow uncorroborated evidence to slander them, then the court is open to abuse and unsafe.
Currently you can win by using strategy alone and the most common strategy I see used is that of financially depleting your opponent so that they cannot afford justice, conceding through economic pressure alone. This ensures that only the rich win in civil proceedings.
I am however not asking you to intervene in my court matter , I would however ask for an investigation in to the integrity of our courts and seeking accountability of the courts to the rules and of lawyers to their codes of conduct as set down by the regulations.
With respect to corruption I simply have exhausted all means of reporting corruption and would like to know what avenues we have to do so.
Corruption and Fraud have a lot in common, if we do not define it and do not allow for the reporting of it , then be default we are corruption and fraud free which enables us to claim the top spot as the least corrupt country in the world. – Very clever really and good for business confidence and obtaining more targets of fraud and corruption.
Eventually our true colours will shine through we need to be proactive against fraud and corruption and I seek your assistance to do so.