Archive for June 2010

No evidence required to bring court action

It has  long been a concern of mine that  court action can be brought  by any one on anything.

If you have a larger wallet than the person you are taking on and wanting to beat them up  and totally destroy them  then the court is your arena.

Defamation claims are always good because they put the onus of truth on the other party   and then when you can ensure that their defence is struck out- you are on a home run.

I have been fighting this for four years and have met up through the course of events with Vince Siemer who has had a similar experience.

While we spend years arguing law, the facts are not put before the court. Lawyers who are skilled debaters can win any argument   especially when they do not have to produce the facts to back them up.

The police do not act on perjury complaints,  I have  had one with  them for  6 months now  for a matter I was involved in  and it has not progressed

Through my Fresh prepared Limited  case I can prove categorically that  the  courts are  abused .

Today I received some documents from  Vince , he has asked me to put them up  on the  transparency site and I have done so  in the interest of transparency.

http://www.trans.quantoaduro.com/wp-content/uploads/2010/06/sol-general-recall1.docx.

http://www.trans.quantoaduro.com/wp-content/uploads/2010/06/sc482009-16june2010-secondrecallminute.doc

http://www.trans.quantoaduro.com/wp-content/uploads/2010/06/2nd-recall-application.pdf

abuse of the *555 system Police failing to investigate filing court action without evidence.

To the Minister of Police , Minister of transport , Minister of Courts and Minister of Justice   Official information act requests

Urgent  request for review of    the *555  system  and review of the  ability to use the process of the  court  for corrupt purposes .

I am a Former Police  Prosecuting Sergeant , now a Private Investigator.

In January I was  returning to Auckland  when  I experienced an incident of road rage.

As I had the faster  car I managed to  get myself out of the situation  and placed  a vehicle between the other  vehicle and myself

What I was un aware of  was that the   driver of  the  offending vehicle  chose to involve the police to extract revenge on me  for escaping his   torment.

When I was pulled over by Constable Connors   of the Thames  traffic unit   I was told that there had been two *555 calls about my driving.  I stated that that would have been impossible, then I remembered the white van  and told  him that if there had been a call it would have been from that vehicle  and I  told him why.

The constable  claimed  that there had been two calls, I replied that they   would have both come from the same van and that they were malicious

He said he would get back to  me  and  several days later phoned to say he had taken statements from both drivers and I was going to be issued with an infringement for passing dangerously and I was lucky I was not to be charged with dangerous driving.  He added that he had  discussed this with his supervisor .

When the ticket came I  filed an official information act request to  obtain  the   statements, the recording and relevant documentation.

The documents were supplied outside the time frame of the OIA -the constable claiming he had been on leave. Surprisingly the statement from the  *555 caller had only just been obtained and was dated 6 weeks after the alleged offence, this was the only statement on  file .

I noted that   there was no evidence for  the  offence   with which I had been  charged. I brought this to the attention of the senior sergeant traffic unit and asked for a review, especially as the time of the alleged  offence was   two minutes after I had been stopped by the   officer.

There was strong determination by police  to go ahead with the   charge  .  I elected to   enter a plea of not guilty.

I am  grateful to Senior sergeant Rex Knight for ensuring that I  did not have to drive to Thames twice  one to enter the Not guilty plea and  another for the  hearing. Instead I proceeded straight to the  hearing.

I was disappointed that   no one could take the time to review the file . I  fortunately received the voice recording  four days before the hearing  and I was able to play that in court and   use it  in my defence.

It would have been more economical for me to have paid the $150  fine  and I am sure many would  have done so as  a defence is time consuming  and those who do not have the experience would have to engage a lawyer at  in excess  $250  per hour . I have no doubt  that many   pay up  because it is the  easy  and  economic   option. There by serving he police  with  positive statistics and clearances  and the  rash approach that there is no need for evidence.

We had the  hearing on the 16th June  before Two justices of the peace  who concluded that the  charge had not been proved.

I was staggered to hear from the officer that

  1. he  did not   take statements
  2. record  drivers explanations
  3. that a  ticket had been issued  on the uncorroborated say so of  a driver who had earlier tried to push me off the road
  4. That the uncorroborated verbal allegations of a third party was sufficient to  have me charged.

I was  disappointed  that

  1. Despite my  many requests for review of the case   no one compared the statement of the  *555 caller  with the original phone calls .
  2. There appeared to be bias on the part of the police  , Constable Connors  supervising sergeant, Jim Corbett  had been involved in a  police complaints authority complaint , made by me , many years ago
  3. That the court  system can be abused  by the laying of information’s which are not accompanied  by affidavit.
  4. That  even  if there is  an affidavit  that no one is kept accountable to the truth.

I raise these last points as in my experience  in recent years I  have  had personal experience with  the abuse of process in the courts.

There is a real danger  when   the law can be  used to extract revenge  and in the case of the *555  system I believe that   it is  very  susceptible to abuse as the police appear to   accept unchallenged the allegations of the  caller.

Constable Connors admitted that  with the number of tickets he does  he is simply too busy to take statements. This does not serve justice it does build resentment against the police for unfairness.

From the minister of Police and  Minister for Transport  I   request by way of  official information act  request All policies general instructions , directions and  codes of   conduct relating to

  1. to the handling of *555 calls
  1. the   minimum requirements   of  proceeding to prosecution   based on information obtained  by complaint
  1. The need for a signed   statement before laying a  charge  against a person based on  the allegation of a member of  the public
  1. What protocol the police have  in acting or not acting on the say so of one person  against  another   , why are some instanced filed and why are  incidents of the same evidential  proof proceeded with , I realise there is  discretion of police officers  but  the discretions should never be  to such an extent that a person is charged without evidence    beyond the uncorroborated say so of one person existing

From the minister of Courts and  Minister for justice   I   request by way of  official information act  request

  1. All policies general instructions , directions and  codes of   conduct relating to the commencement of proceedings in  any court  especially with regards to  any provisions which would ensure that the  claims made to the court are  made by  a person in their true identity  and  the claims made have a  factual basis.
    1. I am particularly concerned with Identity fraud  and it appears to me  that  there are no mechanisms  for proving that a plaintiff in  a matter is a real person or a person using their real name , this not only pertains to natural persons  but also to legal persons.
  1. What  are the  guide lines    by which unincorporated trusts    can be represented in court and  file proceedings in the court ,  what criteria of poof  of existence of a trust is required in relation to  those who claim to be trustees.
  1. The  number  of prosecutions  we have had in the past  three years for  perjury
    1. In  court evidence
    2. In an  affidavit
    3. For a statutory declaration .

For the  information of all ministers I wish to point out that I am a verification specialist and I  am extremely concerned with the lack of  verification of facts    and accountability to the truth  in   enforcement and in   justice.

It is my experience that   the only  justice there is  is the size of a wallet  truth and honesty play  little or no part at all.

Our courts  spend more time arguing process and law  than   looking at the cold hard facts and making a finding on facts.

It  has been my experience this week that JP’s    have the ability to discern fact from fiction  probably because they are not distracted  by legal arguments  and I wonder  if perhaps  all claims to the court  should follow the   following process.

  1. All material is  submitted with  sworn affidavits
  2. JP’s  have a preliminary hearing  to ascertain the at the affidavits  set out the facts of the matter
  3. If the facts stack up  the matter goes to a judge   for decision on legal issues
  4. If the claim is malicious or fictitious  it is sent to the  police to  be  investigated  by the police for perjury

I wish to point out that I have had a perjury file with  the police for  some 6 months , it has not progressed  it appears ironic that a fully prepared perjury file is  not  acted upon but a malicious telephone call  can  instigate a court process.

I was also with a mother of two children whose father forced them into a sexual act. The police in  3 years have not progressed the matter.  Another client   has lost his  property, I am working  for him pro bono as the police in three years have ot progressed  the obvious fraud.

Policing in my day was a service  one  which kept  us safe .. now it is a business ,…used for   revenue gathering  and the protection to the public is no longer there.

White collar criminals are using our courts to silence  those who can expose them

Those  engaging in road rage    use the police to extract vengeance on the other driver

The innocent  have only  two options  pay up  and shut up    or risk another  beating.

I look forward to your replies  I will be filing an IPCA  complaint with regards to the  Traffic  incident

Only when  we have accountability to the truth in our courts  will we  find justice.

When we allow our courts to be used to extract vengeance on other  we  reduce our courts to the level of a thug   who helps   in beating up  an innocent  person.

Something has to change   I hope that  you can   help make New Zealand  the lest corrupt  by  making  it difficult for  those who use the court  to extract vengeance to  do so.

I will be posting this  and the replies on my blog http://transparencynz.wordpress.com/

and http://anticorruptionnz.wordpress.com/

Strata Title Administration

Stata  Title administration

we have concerns  about the lack of transparency of  Strata management

They have previously appeared on    Fair Go investigations and been the subject of many  court cases

The video  is located  on the  fair go   page hyperlinked above   it would appear that he complained about this item and  this was reported by the broadcasting standards

We have collated news items  which highlight  the nature and  ethics of this   organisation

In news item Body corporates scrutinised as review pressure mounts

Strata was ordered to repay more than $50,000 of money illegally held and it still faces further action from other bodies corporate later this month.”

“A proprietor of one of those bodies corporate has revealed a statement in Strata Title’s body corporate manual that he believes is tantamount to a policy of kickbacks.”

the following comments are made in the  news item Court clears way to dump property manager

“Strata threatened owners with debt collection charges”

Justice Paterson concluded, most, if not all, of the proprietors had become disenchanted with Mr Chapman-Smith  and Strata

“He said the representatives of 94 apartment holders had their rights and views overridden by a secretary [Strata] and a developer [Ede] who had only an interest in two further apartments”

Justice Paterson said many of the owners’ complaints arose from the manner in which Mr Chapman-Smith chaired meetings, his refusal to co-operate and negotiate with an informal owners’ committee and Strata’s action in trying to enforce levies which were not approved by the annual meeting.

“According to the judge, Strata had caused the proprietors considerable inconvenience, anxiety and cost”

“Strata would have collected levies it was not entitled to collect”

in news item Property manager battles body corporates

“Rob Ferguson said Strata had set itself up so it was “entrenched”and “ran roughshod over the clear wishes of many of the registered proprietors.”

In Judgment exposes property managers

“One disgruntled tenant claimed the company was “useless.””They deliberately obfuscate, if not lie, when you try to get the simplest problems attended to.”

“In June 1989 Strata’s Mr Chapman-Smith was fined $7500 by the Real Estate Institute Licensing Board for misconduct and for misleading the institute.”

Chapman smith has  special connections with Easy energy Limited   which is a Welington based  company  but shares  his office in Auckland  through East energy  water and gas bills are hiked  up  Water bills upset apartment owners

The court cases are  publicly reported  and from the history of Strata Title administration (STA) can be  traced

Paula Beaton was formerly married to Mr Chapman-Smith, who is the sole director and majority shareholder of STA. They married in 1985 and have one child. Following separation, Ms Beaton became the owner of Mr Chapman-Smith’s shares in ( Body corporate administration) BCA, which by that time was the largest body corporate secretariat in New Zealand. A year or so later, Mr Chapman-Smith founded STA.

Between ex wife  and Michael Chapman they have a good chunk of the  body corporate market.  It would appear that when  some  appartments get rid of him they  end up  being managed by one of his associates   as in the case of Soho .

Mr Chapman-Smith has made  submission to the  select  committee   which is located at this link

Further court action is recorded in these judgements  although the  news clippings  and  blogs would indicate that these are but  a small representation of the litigation.

It would appear that the  issues faced  by   those owning apartments  administered by  Chapman smith  have the same issues as those administered by his ex wife Paula Beaton through her company Body corporate administration .

the court cases   We have found are

BODY CORPORATE 329952 V STRATA TITLE ADMINISTRATION LIMITED HC AK CIV 2009-404-007484 30 April 2010

BODY CORPORATE 318566 V STRATA TITLE ADMINISTRATION LTD HC AK CIV 2008-404-6294 17 March 2009

VANDA INVESTMENTS LIMITED V KIM TE RANGIAOUNUI JOHNSTONE LOGAN AND GLENNYS ANN LOGAN HC DUN CIV 2009 412 000219 27 November 2009

More blogs on Strata Title Administration

And I Also found a   site  called Strata Title Administration which uses the same logo as Paula Beaton uses

Company directorships of Chapman-Smith

AKARANA REAL ESTATE LIMITED (Registered) – Appointed as a director on March 2, 1988.

AUBREY PROPERTY MAINTENANCE LIMITED (Struck Off) – Appointed as a director on September 12, 1990.

AURA MANAGEMENT LIMITED (Registered) – Appointed as a director on September 6, 2007.

BODY CORPORATE MANAGEMENT LIMITED (Registered) – Appointed as a director on June 8, 1999.

CONDOR 96 LIMITED (Struck Off) – Appointed as a director on December 19, 1995 and resigned on May 31, 1998.

CONDOR HOLDINGS (N Z) LIMITED (Struck Off) – Appointed as a director on June 17, 1991.

C-VU MANAGEMENT LIMITED (Registered) – Appointed as a director on September 29, 2003.

ECLIPSE MANAGEMENT LIMITED (Registered) – Appointed as a director on September 11, 2009.

FAIRFAX MANAGEMENT LIMITED (Registered) – Appointed as a director on April 1, 2005.

FEDERAL APARTMENTS MANAGEMENT LIMITED (Registered) – Appointed as a director on May 14, 2008.

HARVARD MANAGEMENT LIMITED (Registered) – Appointed as a director on June 8, 2004.

LABYRINTH HOLDINGS TRUSTEE COMPANY LIMITED (Registered) – Appointed as a director on November 30, 2009.

LUNA BODY CORPORATE LIMITED (Registered) – Appointed as a director on April 29, 2005.

OWNERS REPRESENTATIVE LIMITED (Registered) – Appointed as a director on May 25, 2010.

PANCKHURST ENTERPRISES LIMITED (Struck Off) – Appointed as a director on February 24, 1992.

STRATA REALTY LIMITED (Registered) – Appointed as a director on March 2, 1988.

STRATA TITLE ADMINISTRATION LIMITED (Registered) – Appointed as a director on December 12, 1988.

VANDA INVESTMENTS LIMITED (Registered) – Appointed as a director on September 30, 2003.

VOLT MANAGEMENT LIMITED (Registered) – Appointed as a director on November 20, 2006.

ZEST MANAGEMENT LIMITED (Registered) – Appointed as a director on September 1, 2005.

His fellow share holders  are

Philip Alan Ian LOCKYER   21 Tui Street, Oneroa, Waiheke Island

Also owns

ZEST MANAGEMENT LIMITED Director, Appointed 16 Apr 2008

VOLT MANAGEMENT LIMITED Director, Appointed 16 Apr 2008

HARVARD MANAGEMENT LIMITED Director, Appointed 16 Apr 2008

LUNA BODY CORPORATE LIMITED Director, Appointed 16 Apr 2008

FEDERAL APARTMENTS MANAGEMENT LIMITED Director, Appointed 14 May 2008

AURA MANAGEMENT LIMITED Director, Appointed 16 Apr 2008

PHILL & CAROLINE TRUSTEE COMPANY LIMITED Director, Appointed 08 Jul 2005

SOHO MANAGEMENT LIMITED Director, Appointed 30 Mar 2010

FRECKLES LIMITED Shareholder, 99% Individually Held

LOCKMOORE LIMITED Struck off, Shareholder, 100% Jointly Held

STRATA TITLE ADMINISTRATION LIMITED Shareholder, 15% Individually Held

PHILL & CAROLINE TRUSTEE COMPANY LIMITED Shareholder, 50% Individually Held

EMBEDDED NETWORK SERVICES LIMITED Director, Appointed 14 Sep 2010

ECLIPSE MANAGEMENT LIMITED Director, Appointed 11 Sep 2009

FAIRFAX MANAGEMENT LIMITED Director, Appointed 04 Aug 2009

C-VU MANAGEMENT LIMITED Director, Appointed 16 Apr 2008

Paul William ROUX

3/60 Rodney Street, Howick, Auckland ,

owns

STRATA TITLE ADMINISTRATION LIMITED Shareholder, 13% Individually Held

BODY CORPORATE MANAGEMENT LIMITED Ceased Director, Resigned 14 Aug 2009

Michael Brent WILLIAMS 47 Sayegh Street, St Heliers, Auckland ,

owns

RECRUITING PARTNERS LIMITED Struck off, Shareholder, 50% Individually Held

STRATA TITLE ADMINISTRATION LIMITED Shareholder, 5% Individually Held

RECRUITING PARTNERS LIMITED Struck off, Director, Appointed 12 Apr 2006

Chapman=Smith  shares   directorships with  Simon PRIDDY

BROOK STREET INVESTMENTS LIMITED Director, Appointed 10 Oct 2006

SOHO MANAGEMENT LIMITED Director, Appointed 30 Mar 2010

BROOK STREET INVESTMENTS LIMITED Shareholder, 100% Individually Held

EMBEDDED NETWORK SERVICES LIMITED Director, Appointed 14 Sep 2010

BODY CORPORATE MANAGEMENT LIMITED Director, Appointed 24 Mar 2010

OWNERS REPRESENTATIVE LIMITED Director, Appointed 21 Jun 2010

PRIDDY took  over the administration of the Soho apartments after Strata was removed

SOHO MINUTES SHOWING STRATA BEING SACKED

we wonder if the people at SOHO  realise that the   manager is still effectively the same with a different label.

STRATA TITLE ADMINISTRATION LIMITED owns

AURA MANAGEMENT LIMITED Shareholder, 100% Individually Held

ECLIPSE MANAGEMENT LIMITED Shareholder, 100% Individually Held

EMBEDDED NETWORK SERVICES LIMITED Shareholder, 100% Individually Held

FAIRFAX MANAGEMENT LIMITED Shareholder, 100% Individually Held

FEDERAL APARTMENTS MANAGEMENT LIMITED Shareholder, 100% Individually Held

HARVARD MANAGEMENT LIMITED Shareholder, 100% Individually Held

LUNA BODY CORPORATE LIMITED Shareholder, 100% Individually Held

OWNERS REPRESENTATIVE LIMITED Shareholder, 100% Individually Held

SOHO MANAGEMENT LIMITED Shareholder, 100% Individually Held

VOLT MANAGEMENT LIMITED Shareholder, 100% Individually Held

ZEST MANAGEMENT LIMITED Shareholder, 100% Individually Held

BODY CORPORATE MANAGEMENT LIMITED Shareholder, 100% Individually Held

USE OF FALSE NAMES  as copied from http://stratatitlefacts.blogspot.com/

Strata own the building managers apartments in several of the buildings Strata manages. It is not Strata’s or Michael Chpaman Smiths name as the owner – no K. XU is at least one of the aliases used. Why the need for a false name? Why does Strata’s Manual allow false names – what is someone trying to hide?

It appears that  mr Kang  XU  owns a number of properties   being

XU, KANG Harrison Road, Mount Wellington, Auckland

XU, KANG Hobson Street, Auckland Central, Auckland

XU, KANG Campbell Road, Onehunga, Auckland

XU, KANG The Strand, Parnell, Auckland

XU, KANG Hobson Street, Auckland Central, Auckland

XU, KANG Hobson Street, Auckland Central, Auckland

XU, KANG Hobson Street, Auckland Central, Auckland