One such trust is the New Auckland council Trust the other the Animal Welfare institute of New Zealand ( AWINZ )
These both have a lot in common .. they are totally invisible . All it takes for one to exist is for someone to say it exists …no evidence required and that’s it trust exists. It also helps to have a lawyer confirm it as we all know that a law degree makes any one honest.
the Lack of evidence is a difficult concept for a Private Investigator such as myself to grasp as we look for evidence and these secret trusts provide no evidence at all , they are nothing but hot air .
If some one said they received a donation from molly the cat we would say sure pull the other one but if they say got the money from a trust we all say that’s OK wont pry any further . the reality is that the cat is more real than the trust but what they both have in common is the need for a human interface to be able to make transactions.
Molly the cat cant buy her own cat food and an trust cant function without humans. Molly has the advantage of being able to get out and catch her own food but a trust cant even exist until it is created by people. The reality is that these secret trusts are noting more than an invisibility cloak .
I relate back to a story which goes back to the time of Plato , it about a shepherd who after adverse weather conditions finds that the land has collapsed in one of the fields where he grazed his flock and there is now a cave. He enters it and sees the skeleton of a man beside a skeleton of a horse. He notices that the man has a ring on his finger. Figuring that the man has no further use of it the shepherd helps himself to the deceased’s ring and slips it on his finger .
He returns to his shepherdly duties and that evening as usual joins the other shepherds around the fire. He notices that they are talking about him as though he was not there . He soon discovers that the ring gives him the power of invisibility . To cut a long story short ( and depending on the version of the story ) the shepherd uses the powers of the ring to seduce the queen and kill the King there by getting great powers.
the moral of the story is .. who when given the power of invisibility will not use it for a corrupt purpose ?
I guess that question remains so give people the power of invisibility e.g. a secret trust and what can you expect.
AWINZ was so secret that even Maf ( Now MPI ) who gave it coercive law enforcement powers didn’t even know who it was. The trustees who were supposed to be the law enforcement authority didn’t know either and not one of them had signed a document stating that they were a trustee of a secret trust which was seeking law enforcement powers. Through the magic of these secret trust this trust formed 1.3.2000 was able to make an application on 22 November 1999 .
But for 7 1/2 years on the say so of a lawyer ( for that is all it takes ) AWINZ has been able to carry out feats which would be impossible and illogical for any legal person to perform. Because when you are invisible you can move through time frames forward and back ward and materialize as what ever you need to be at any given time. We accept such bullshit in our courts and that is why we have no corruption in New Zealand. Evidence is immaterial all you need is a lawyer with a good reputation and an invisible trust and this will outweigh thousands of pages of government business records.
And so we come to the New Auckland council Trust, you will not find it on any register, no one has seen a trust deed, we do not know who the trustees are , who the beneficiaries are or what the purpose of the trust is, its purpose may as well state to pervert the course of justice, but we will never know and if the document has to be produced we simply draft a new one and back date it to what ever date required.
All we know is that the New Auckland council Trust appears on Len Browns election return and according to news paper reports in 2010 it also appeared on his return in 2010 and that it has money lots of it as its given away 3/4/ million dollars to Len alone.
Such secret trusts are a great vehicle for tax evasion and money laundering but that is another story.
I was at the meeting yesterday and heard that Len Brown had had input into the Ernst and young “independent review commissioned by the Auckland Council “ Brown was able to set the parameters of the investigation and also had a chance to see what was going to be in the report before it was released. In the meeting it came through that there were portions withheld due to the treat of legal action .
If only every criminal or person involved in any employment matter had such luxury then we would seldom have convictions.
Now a few observations about the report.
Ernst and young are not investigators and are not legally able to investigate into the actions or background of a person without breaching the Private Security Personnel and Private Investigators Act 2010.
They are auditors.They can go through all the information given to them by Auckland council but they have no legal ability to go to the various hotels and inquire as to Mr Browns actions in his own time, they can however make inquiries with regards to particular positions in council .
I also notice that Ernst and Young ( a global company ) does not divulge which of its many thousands of employees were involved in the investigation. We do know that Ernst and young work closely with the Mayor having only just completed a review for him on public private relationships.Public-private partnerships an option for Auckland
Now when it comes to public private relationships, which the mayor favours, who would be the ones closes to the trough, could it be those in the committee for Auckland who according to a recent LGOIMA represent a significant number of the contractors to the council. Amongst the list of members there is Simon O’Connor Managing Partner Ernst & Young.
One of the concerns I have is that when a company derives an income from the person they have to investigate, then there is a vested interest to preserve the future relationship and they will not be impartial in a report and as such are not a good choice for an independent review as a bad ” independent review ” would affect their future cash flow.
I also note that the EY report is not signed , signatures seal documents, once upon a time a company seal was used now we simply do nothing. lawyers like it that way does away with liability and you can always claim that this is the version that was not supposed to be released as it was not signed off.
Without a signature any unsigned document is but a piece of paper, unless there is a chain of evidence which connects it to the creator. I will accept in this instance that the council accept tha this is the report that they have paid $100,000 for.
I am astounded that a 19 page report of which 6 are appendixes , one is a self promoting cover and one page is a pre amble should cost $100,000 , that is almost 10,000 per page .
A proper impartial investigation would have looked at the mayor conduct in terms of the United nations convention against corruption which we as a nation have signed but not ratified.
The fact that Len Brown has failed to declare that he is a the beneficiary of a trust in his Declaration of Interest Summary it is significant. No one gets 3/4 Million from a trust just for the hell of it.
It comes as no surprise to me that Len Brown categorically refused to Investigate the fictional AWINZ he knew that an investigation and exposure of AWINZ would ultimately lead to the uncovering of his own secret trust the new Auckland Council trust . The parallel is too close and corruption is therefore condoned.
I can only conclude that in my opinion Len has sold his soul, he is not independent and neither was the EY report .
I was pleased to see that we have Councillors who are prepared to live up to the name of the governing body and call the shots but we have not got enough of those with a spine, there are the fence sitters who may also have ethical issues on a smaller scale to Mr Brown.
The past council concealed and condone corruption , its good to see the stand this early into the term, I can only hope that we can clean up the act because there is a lot to clean up. with Doug MC Kay ( who I believe is a committee for Auckland plant ) going and Wendy Brandon .. ( labour wench supporting the corrupt use of council resources by her fellow Labout members ) gone perhaps there is a chance to move forward and have a city which considers people and living conditions before it dishes funds out to big corporates.
Its time for dismissals with confidentiality clauses to cease, I do not believe that I have had an accurate account of why 55 million dollars was spent on extra employee expenses in the 2012, I suspect that part of this sum probably $15,000 ( that is what I have heard the going pay off is ) went to the security officer who knows very well that he will have to pay back his windfall if he utters one word of what he saw. .. cant believe that council records cant find him, the CCTV cameras in libraries reveal visits from months back.
when we buy silence we subscribe to corruption .. its time for change.
I fully support the few Councillors who stood up agaisnt corruption yesterday
to the others.. its time to look at who you are serving.
In this years corruption perception index New Zealand again sits at the top but we have a dirty little secret we get there by stealth ( Not disclosing one’s true ideology, affiliations, or positions ) . we do not prosecute things which need to be prosecuted and we turn a blind eye to many things. our lack of corruption is a real as Santa and in turn as real as the trusts which generously gave
People such as Graham Mc Cready Agent for NZPPS Ltd is bringing about fantastic change by making those who should be accountable to the law accountable.
In New Zealand we have too many old boys looking after each other, each has a dirty little secret which the other knows.. I wont tell on you if you don’t tell on me.. wink wink nudge nudge .. except for Len brown now has his dirty little secret well and truly blown
So New Zealand has no corruption because every one is too busy winking at each other ignoring corruption, after all we all do it don’t we .. wink wink so we redefine corruption we don’t acknowledge it and as any accountant will tell you that you cannot quantify something which you don’t identify. see problems gone already.
While our legislation does not appear to have a definition for corruption the word corrupt is defined by Google as ” “having or showing a willingness to act dishonestly in return for money or personal gain. ” Our law strangely enough does deal with corruption and provides protection except that we don’t enforce these laws , that is until Graham came along and helped John Banks on his way .
So Far Len Brown has escaped John s demise but is he any better or is it by virtue of the fact that Len is of the brotherhood of lawyers which has helped him .
So far Len Browns actions have not been labeled ” corrupt” but he is going to be censured by the Councillors a slap across the palm with a wet dish rag will really get the message across but why is every one avoiding the real issue ?? This morning I made a complaint to the electoral officer for Auckland council by my reasoning there have to be necks that roll as what Mr Brown is trying to pull looks to me like a swifty .
The funding which Brown received in the past years was the very subject in 2010 Auckland mayor’s trust hides names of campaign donors the news item states “( Len Brown) declared donations totalling $581,900.95, of which $499,000 was to the previously unknown New Auckland Council Trust. That meant he did not have to tell the Auckland Council electoral officer the names of most individuals and companies that contributed to his campaign because the trust was listed on his return as the main contributor.”
This year he received $273,375 according to my calculator that is nearly 3/4 of a million in anonymous donations dressed up and disguised as a trust .
Hang on lets hack track a bit here .. all it takes is is a name on a piece of paper to suggest that the money came from a trust and that is all that is required ? what about real evidence .. sorry I have a hang up on Evidence I am after all an investigator I like to see the evidence.. believe nothing check everything…
John Banks used the same trick ” The largest named individual donation was $20,000 from “The Main Trust”. It is not on the societies and trusts register at the Companies Office. ”
This is exactly the issue which I have been fighting with AWINZ for 8 years .. when is a trust a trust and how do we know a trust exists when it is not registered any where?
I forced the AWINZ trust which alleged to be a law enforcement authority out in to the open and as a result the story of AWINZ became a total farce - a farce which the lawyers and courts are happy to stand by , we actually support fiction in our courts and in our administration of the law and justice and a trust is a trust if some one says so.. Duh roll on Santa your real !
So back to the trusts of Len Brown and John Banks .. how do we know that they are trusts? How do we know there is a deed ? how would any one know to make a donation to them is they are secret ?
The legal status of such trust is that they only exist through their trustees. The trustees are the legal persons who act together to fulfill the wishes of the settlor ( the person setting up the trust ) there are requirements that have to exist to make a trust valid and without them a trust could be a sham .
When these deeds don’t get produced , how do we know the trusts are valid and the person getting the dosh is the intended beneficiary? How do we know that these trusts are not just a “Harry Potter magic cloak” and simply hide the identity of the person passing money on to a candidate in elections so as to circumvent the intent of the legislation ( lawyers are good at this ) .
section 103 D of the Local Electoral Act 2001 requires that a contributor be identified - does that mean that a contributor can use a pseudonym to circumvent the law ? Identify does that not also include to establish the existence of ?so even if it is a trust the trustees who run the trust will have this obligation placed on their shoulders and it is the trustees responsibility to identify the contributor . but we don’t know who the trustees are because we could be dealing with a fiction but we are not certain .. but thats Ok cause hes the mayor he has an LLB and he must be honest ( too bad he deceived his wife )
there is actually an offence for not complying with section 103d but who can enforce this is the donor is hiding behind a false name.. and one would have to ask.. why can’t you be open about the donation ? is it a bribe or something??
There is also a provision which specifically deals with the manner in which anonymous donations are dealt with and 103F places obligations on the transmitter of the funds. so if this transmitter is a fictional creature a trust which is not locatable or identifiable does that mean that this obligation is not enforced ?
Once again the legislation has an intention of accountability and there is a penalty on the transmitter if they conceal the identity of the donor 103 G so why does a fictional creature provide an opportunity to avoid accountability ? surely there must be an address for the New Auckland council trust, surely it must have had a bank account and some real living person must have undertaken the transactions. .. or have computers developed a life of their own and knew exactly who to give the money to.
Then there is section 103 H which places the obligation on the administrator of the candidates affairs.. ( the person doing this for Len would have been busy .. couldn’t resist ) Now If I was a betting person I would put money on the fact that the new Auckland council trust is run by the committee for Auckland who do so well out of council and nearly every member holds a contract.. ell worth belonging to such a powerful group.. all funded by the rate payers.
Once again there is an offence 103 I for the administrator of candidates affair for failing to disclose who the contributor is but again this is not a section which has ever been enforced .
Then there is good all 103 J which states that Anonymous donation may not exceed $1,500 and the excess needs to be handed over within 20 days . So in the end I think that if Len can’t identify the persons who gave him the money in the past two elections he is just going to have to give it to the general fund but since he is out of time he needs to be prosecuted.
A A candidate who contravenes section 103J(1) or (2) commits an offence and is liable on conviction to a fine not exceeding $5,000.finally we get to 103l Records of electoral donations1) A candidate must keep proper records of all donations received by him or her.
(2) A candidate who fails, without reasonable excuse, to comply with subsection (1) commits an offence and is liable on conviction to a fine not exceeding $5,000.
So what is proper about putting a fictional body into the return?so Sorry Len its time to face the music perhaps this time some on will make the proper investigations and you will be prosecuted by the Police and the private prosecution service can take a break .
lets see if the electoral officer can investigate and pass it on to the police or will this be condoned?
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.
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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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