Archive for May 2011
In Saturdays herald there is an editorial entitled Editorial: NZ’s culture of honesty one to be cherished, it states that corruption is foreign to the NZ government .
I have taken the liberty of replying to the this editorial what is the bet I wont be published so I am publishing my response here .as follows
Corruption simply is not defined in New Zealand and we have no agencies that specifically deal with it. for 5 years I have been questioning why we gave law enforcement powers to a private body which was not identifiable and transpired to be just one person, the one person who had massive input into the legislation under which his fictional “ body “ gained massive powers of search seizure and prosecution including retaining fines which had a maximum of $250,000 .
Our current and last Government have been great at concealing corruption by saying” that is simply not happening” and walking away .
What few realise is that by ignoring corruption and condoning it you are allowing it to grow.
Very soon countries like India won’t want to trade with us because we are so corrupt.
I have asked Mr key several times how we question corruption I have not had a reply
At least the countries who are perceived at being corrupt acknowledge that they are and have systems in place to deal with corruption. We simply ignore it. And if you don’t define it then it’s not.
Mr Key Open letter
In 2006 I was asked to locate a law enforcement authority which had extensive legislative powers including prosecution and the retention of fines ( up to $250,000) under the animal welfare act.
It transpired that the “ organisation “ Animal welfare institute of New Zealand ( AWINZ ) had no existence beyond a trading name or alias for the man who had written the bill leading up to the act and who had also been an independent advisor to the select committee in the hearing stages.
Neither MAF nor the minister for Agriculture at the time checked to see if the organisation exited before giving it legislative powers .
Since then it’s been a cover up at the highest level .
In 5 years I have not been able to progress this matter.
I have tried every Possible means for having this corruption addressed and have found that I have been effectively stone walled. I am a former Police sergeant and am a licenced private Investigator my skills in this department are definitely more than the average.
My Local MP Rodney Hide did nothing he wouldn’t even see me about it and his portfolio was minister of local government.. it appears that he condoned the use of council staff for a private enterprise. Rodney knew about this matter even before the 2008 elections as he was actively helping me at that stage. http://transparency.net.nz/2011/05/03/is-corruption-in-waitakere-condoned-by-minister/
Your local National MP Cam Calder condoned it by saying “what does it matter if they are not registered if they are doing the work”. The point is that they were doing the work but were using council paid officers to do it and the money which came back went into privately held coffers.
This morning I tried to speak to someone in your office about it and was told to put it in writing
How many times do we have to write in how many years before we get your attention.
Why is national actively concealing this corruption and why do citizens not have the ability to question what is going on. Only by accountability can we ensure that our country is truly corruption free.
Mr Key could I please get a response from you .. Do you condone corruption or do you seek accountability? Could you please assign someone to assist in this matter.
I have worked out why NZ is the least corrupt.. we simply don’t acknowledge it. Let’s ignore it and it will go away.
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How could A non existent private law enforcement authority survive for so long? Why condone corruption in Waitakere City?
Open letter to Rodney Hide
In 2006 I questioned the existence of the animal welfare Institute of New Zealand ( AWINZ ) which was a private law enforcement authority with extensive prosecution , search and seizure powers under the animal welfare act.
I was to find that the only person associated with AWINZ up until 2006 was Neil Wells the person who had written the bill leading up to the legislation and he had also been an independent advisor to the select committee in the time leading to the bill becoming legislation.
While you were in opposition and you were most helpful and even arranged for questions to be asked in Parliament 
The questions you asked were with regards to a trust which Mr Wells claimed AWINZ to be but it has now emerged that the trust which he claimed was AWINZ was nothing but a red herring and that AWINZ was nothing more than another name Mr Wells used for himself.
The time line goes like this
- Mr Wells writes the Bill which facilitates organisations other than the RNZSPCA to enforce animal welfare.
- Mr Wells becomes an independent advisor to the select committee in the bearing stages.
- Mr Wells makes an applicationfor AWINZ to become an approved organisation under the legislation which he has just contributed so much to .
- On page 2 of that document he states “ A charitable trust has been formed by Deed of Trust as the “Animal Welfare Institute of New Zealand “ (AWINZ). It is being registered under Pa r t II of the Charitable Trusts Act 1957”
- In correspondence with the minister and MAF Mr Wells makes false statements and avoids the production of a deed.
- In 2006 Neither Waitakere City or MAF have any documents which have details of the other trustees and there are no documents which give Mr Wells consent for persons to act on their behalf either jointly or severally .
- There are not trust deeds on file which back up the MOU’s being one with MAF which Mr Wells signed as a trustee and the other with waitakere dog control which he signed on behalf of a non-existent organisation Animal welfare Institute of New Zealand.
- In early 2006 There were no organisations registered anywhere by the name Animal welfare institute of New Zealand and Mr Wells was operating this “ organisation from his place of work Waitakere city council dog control where he was now manager.
- By incorporating the name Animal welfare institute of New Zealand on 27 April 2006 we categorically proved that No other organisation by that name existed.
- Mr Wells then started a cover up campaign , evidence which has come out recently proves that Mr Wells was in fact AWINZ and that no other person was involved in the running of it.
Mr Wells was the dog and stock control manager at Waitakere city council, using the name AWINZ to disguise the fact that he contracted to himself he performed services which were as follows.
- The staff under Mr Wells control at Waitakere dog and stock control were trained by him to be animal welfare officers.
- They were warranted on recommendation of AWINZ
- In their paid time for the council if they came across an animal welfare matter in the course of their duties or were asked to attend an animal welfare matter ( which took priority over council work ) they would attend take, action and reported the circumstances to their council boss Neil Wells manager.
- He would pass it to the head of AWINZ – Neil wells for authority to prosecute
- He passed it to the barrister for AWINZ Neil wells who would do the paperwork and court work
- The money which came back by virtue of section 171 AWA was handed back to Neil Wells who ran a bank account in the name of Animal welfare institute of new Zealand for that purpose. Fines under the animal welfare act could be up to $250,000.
I was relieved when you won the seat , You had been so supportive when you were in opposition I thought Good something will happen now.
Instead I have not been able to get near you and was told by one of your support staff that it is now conflict of interest for you to be involved.
Rodney I would very much like to know
- why it is a conflict of interest ?
- why AWINZ was able to continue to trade until January of this year?
- Why you condone contracts for law enforcement to be entered into with unidentifiable “organisations”?
- Why this has been concealed from the public?
- And what else is happening out there that the public have no right to know about yet is paying for?
- Why do you no longer support the call for an independent commission against corruption?
I will be publishing a copy of this letter on the Blog www.Transparency.net.nz and will be happy to publish your reply .
Looking forward to being ignored again
I thought it was funny when I called in at your meeting last night and the idiot at the back told me to see my local MP, it was great to be able to say I have tried Rodney is it .
He had a good idea why not let Mr Key know so this is it I will let Mr Key know and all the other members of our parliament and the press.
I will keep on pushing this issue through the election campaign I am going to get this exposed.
Get your spin doctors out .. I want some answers.
Phone (09) 520 1815
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 19741 (2007). Rodney Hide to the Minister of Agriculture
2 For clarification the false statements are
- Registration does not add months , it is completed in days
- It has nothing to do with IRD
- The undertaking that AWINZ will be registered was false.. It never occurred.
- He never sent a copy of a trust deed
- Originals are never sent he knew this as he had registered other trusts
- The deed when it emerged did not have a section 20 (a)
3 By first having me and my fellow board members intimidated By Vivienne Holm Then having a very nonfactual letter sent by lawyer David Neutze who supplied a trust deed for a group of people who have never had any legal connection with the approved organisation other than by inference. We offered to meet to discuss the issues, but as these people were not actively involved it was too difficult as these people were not aware of the true nature of the operation. MAF were now asking questions and due to the urgency Wells had to come up with trustees and recruited Wyn Hoadley Wyn Hoadley , Graeme Coutts and Wells , without documentary evidence of being a trustees took legal action on fabricated grounds. ( Passing off and breach of fair trading- They had formed a group used the name AWINZ and took action against our pre-existing legal entity .
 For clarification the false statements are
- Registration does not add months , it is completed in days
- It has nothing to do with IRD
- The undertaking that AWINZ will be registered was false.. It never occurred.
- He never sent a copy of a trust deed
- Originals are never sent he knew this as he had registered other trusts
- The deed when it emerged did not have a section 20 (a)
 By first having me and my fellow board members intimidated By Vivienne Holm Then having a very nonfactual letter sent by lawyer David Neutze who supplied a trust deed for a group of people who have never had any legal connection with the approved organisation other than by inference. We offered to meet to discuss the issues, but as these people were not actively involved it was too difficult as these people were not aware of the true nature of the operation. MAF were now asking questions and due to the urgency Wells had to come up with trustees and recruited Wyn Hoadley Wyn Hoadley , Graeme Coutts and Wells , without documentary evidence of being a trustees took legal action on fabricated grounds. ( Passing off and breach of fair trading- They had formed a group used the name AWINZ and took action against our pre-existing legal entity .
I note that you are now a councillor at Thames District council and find it ironic that you sued me in 2006 to silence me from asking questions of the councillors at Waitakere city council with regards to the operation of your “organisation” which was performing SPCA type duties by using the councils staff facilities and infrastructure.
I had been approached by a dog and stock control officer who was employed by the council who questioned the need for her to have a warrant under the animal welfare act and why the duties for animal welfare were being prioritised over council work ,during her council paid time.
It transpired that The animal welfare institute of New Zealand (AWINZ) was a fabricated organisation created by the man who wrote and advised on the animal welfare act.
The legislation provided for approved organisations of which the RNZSPCA was one and AWINZ to become the other. It also provided a great source of income to Approved organisation by way of prosecution ( section 171)
In his rush to make the application for approved status, Mr Wells overlooked the fact that he did not have an organisation and made the application in the name of a non-existent trust. There by making the application in a name other than his legal name and this name not representing any one else can only be his alias.
In 2006 after we discovered that Mr Wells a council manager for dog and stock control was running a his fictitious organisation in a situation of gross conflict of interest and parallel to his council responsibilities using the resources and infrastructure of council and there by deriving an income which only he was in control of and received this into a bank account which he operated in the name of his alias.
To prove categorically that AWINZ did not have any known legal foundations, those with an interest in accountability, which included me ,set up a trust and incorporated it on the 27 April 2006 in the name Animal welfare institute of New Zealand.
This made me a Board member of a legally incorporated trust which was Legally registered on the 27th April 2006 and had obtained charitable status with the IRD, being the only legal entity by that name to have that status. There were no other groups recorded as using that name with IRD . As with any credible organisation we can produce the document trail it is found on the purpose of transparency and accountability.
In May 2006 we applied for the trade mark AWINZ which was eventually registered to us unopposed.
In contrast you formed a relationship with Neil Wells and Graeme Coutts JP on 10 May 2006 and called yourselves AWINZ . You have never provided any documentary evidence of this relationship and there has been no evidence that you formed a trust or became a trustee or took on any obligations to the approved organisation other than by inference .
I recently received your explanation as to your involvement with AWINZ which was that you had been asked to become a trustee and became both trustee and Chairperson on 10 May 2006. This date is some three weeks after the entity I was a board member of was legally incorporated.
You went on to state that as a chair person you and the other alleged trustees then instructed lawyers to take action against myself and the board of the legally incorporated AWINZ for passing off and breach of the fair trading act, this is rather odd in view of the date which after 5 years of litigation we have finally been supplied with.
When you sued for passing off one would have presumed that you had prior usage rights, not be part of an informal group which adopted the name weeks after the other party was legally incorporated.
Any ordinary person could tell you that to have prior usage right you have to pre-exist the other entity and logically have proof of your existence. As a barrister I would have thought that that would have been obvious to you too.
Before I even knew you were involved I was Intimidated by Vivienne Holm who as it transpires was an unregistered lawyer who according to your statement had been instructed by you and Mr Wells and ” the other trustees ”
The Letter signed By David Neutze as then sent a short time later to the board of the legal entity AWINZ which made legal threats based on false claims.
The letter was followed by a trust deed which did not include your name and Mr Neutze by inference indicated that those persons named on the deed were his clients.He never checked and never questioned that the plaintiffs in the proceedings were not the same group of persons.
Now 5 years later after you dragged me though court and destroyed my family through the stress of it all , I discover that you had no prior usage rights at all and that your claim in the statement of claim is entirely fictitious.
What I would like to know from you Wyn is
- 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.
- 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 become a trustee to a trust, how did you get an obligation to the deed.
- 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?
- How were you appointed given the fact that the trust never met?
- If this this 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.
- 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
- How we could have been breaching the fair trading act when you had not traded using the name AWINZ prior to our existence.
- How could you sue us without checking the validity of your claim?
- In June 2006 I became aware that you were involved through a donation flyer which had been sent out with the dog registration papers in 2006 .Sent to all dog owners in Waitakere city council.
- 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?
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, do you not think that that was a conflict of interest for him ?
You signed the donation flyer and 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 had a letter from the ministry of economic developmentswhich 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.
Mr Wells up to this time, had been the only person who had any discoverable associations with the approved organisation AWINZ, he had written and advised on the legislation which facilitated the application he made in the name of a non-existent organisation.
Mr Wells was also the manager dog and stock control of Waitakere city council having replaced Mr Didovich who had signed the MOU with Mr Wells some years earlier, Mr wells was effectively contracting to himself , this contract had never received consent through council and MAF believed that the agreement was with council not a division of council and certainly not some one contracting to himself.
Mr Wells a council employee using the council paid officers, facilities and resources derived income from the function of the council officers in the name of AWINZ .
Even after you became supposed chair, Mr Wells continued to operate a Bank account in the name of his alias Animal welfare institute of New Zealand. He was the sole operator and the account had no trust deed associated with it.
- 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?
- 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 ?
- Why did you as chairperson not have any over sight over the bank accounts ?
- What due diligence have you ever done with regards to the set up 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?
- 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.
- 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 always said it was urgent is that why Intimidation was the chosen method? Did you condone the intimidation ? You certainly did nothing to stop it!
- 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 withdrew your claim 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?
- 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?
- This 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 were able to claim that your unincorporated trust was an entity in its own name and how your trust established 5 months later got to be involved in the litigation.
- I note that on various sites you set out your public involvement why do you never make mention of AWINZ ?
Wyn Hoadley, QSO, Barrister, Auckland Regional Council Finance Chair, Member Earthquake Commission, patron & trustee of various performing arts, sports, community organisations, long serving City Councillor & Mayor Takapuna City, previously Chancellor AUT.
Wyn seeks to build relationships between the WDHB and other community organisations to address public health issues and is a strong advocate for clear and balanced priorities for the communities of the Waitemata Health District.
I have 28 years local and regional governance experience, understand the issues and how to get things done. Wyn and husband Steve are TCDC ratepayers with property and flat in Pollen Street. Was previous Mayor of Takapuna City, Chancellor Auckland University of Technology, Chair Trustees NZ National Library, and National Animal Ethics Advisory Committee, am a barrister specialising in resource management and public law, served on variety of boards, including Earthquake Commission, Transit NZ, Building Research (BRANZ), National Animal Welfare Advisory Committee, Civil Defence, and awarded Queen’s Service Order for Public Services (QSO) 2004.
I hereby disclose the following conflict of interest with the Waitemata District Health Board that may arise in the future: I am a Trustee of the North Shore Hospital Foundation, Trustee of the Three Harbours Health Foundation, and a member of North Shore Community Health Voice, and I give professional legal advice and assistance to persons and organisations involved in the health sector from time to time in my capacity as a barrister.
Wyn the past five years of litigation have hardly been on a level playing field, me a lay litigant up against a number of barristers namely Wyn Hoadley, Neil Wells, David Neutze, Vivienne Holm and Nick Wright. You could say that the playing field was not level.
The litigation has given me great experiences for writing a book on dirty tricks lawyers play , I would have thought that so many officers of the court would have won hands down without dirty tactics.. but I guess that only happens if you have a real case.
You have had me in bankruptcy court skipped the formal proof hearing for defamation , filed a statutory demand on my business while claiming to be an incorporated trust , opposed every application I have made for appeal, your lawyers have misled the courts and blocked a judicial review. Is this justice?
I may have had a sporting chance if each of the lawyer had upheld their obligations to the court and officers of the court and conducted themselves according to the rules in particular rule 13
13 The overriding duty of a lawyer acting in litigation is to the court concerned.
13.1 A lawyer has an absolute duty of honesty to the court and must not mislead or deceive the court.
13.2 A lawyer must not act in a way that undermines the processes of the court or the dignity of the judiciary.
Quite clearly the past 5 years have not followed these rules or the previous rules which also had similar obligations to the court.
I find it very hard to comprehend that someone such as yourself who claims to have humanitarian interest in animals can treat a fellow human being so badly. I have likened this to being assualted, if done with a base ball bat you would have been locked up but as a lawyer you can hide behind what is supposed tobe a pure reputaton your queens service medal and your previus status as a mayor.
Wyn Integrity comes from within. You are by the values that you live by. You continue to be a public figure and give the pretence of being a person of good standing, to me it would appear that this is a façade.
Wyn I speak the truth because I believe that the public need to know who you are and what your standards are and if you have allowed council officers to run a private enterprise off council resources before will you continue to condone it.
The New Zealand rate payers are being scalped we want accountability and transparency . You yourself are aware of their concerns
“Last year’s Inquiry into Local Government Rates followed public concern at rates increases and significant financial pressures facing local government. It recommended that local government needs to show more restraint in its expenditure and improve its planning function which drives this spending.”
Wyn You cannot keep your reputation in tact while destroying mine. the truth will come out , it is never too late to apologise and make amends. My crime has been to question corruption corruption which you have chosen not to question and to defend.
I will publish any reply you wish to supply.
The question is Does a lawyer need to check the facts before he allows his name to be used or puts his name to a document.
The other question has to be if he is reckless with his facts and damages some one else’s reputation and life can the lawyer just walk away as if nothing happened.
The past 5 years of litigating could have been avoided if David Neutze . had done his job . Today I will show how he did not and could not have checked his facts and that he made statements that even the most junior lawyer would know to be false.
Had Mr Neutze done his job properly and not just treated my life like a bit of paper He would have saved an awful lot of misery for me and my family. It appears however that winning at any cost is the intention and that in the end Brookfileds lawyers through Neutze, Parre and Wright saw it fit to conceal corruption .
Neutze involvement began by him signing a letter which we believe had been written by Vivienne Holm aka Parre , and he signed after what he claims having satisfied himself that the contents were accurate.. I will show that he could not have looked very hard.
The letter to the board of trustees of the legally incorporated AWINZ ( inc 27 April 2006) is an interesting one, Let’s examine the due diligence that went into it. Click here for the Letter signed By David Neutze dated 26 June 2006.
The letter reads “We act for Animal Welfare Institute of New Zealand and Neil Wells. For convenience, we shall refer to our clients in this letter as “AWINZ” and Mr Wells.”
Hang on , the entity which we had incorporated was the only legal person which existed in that name , the incorporation on 27 April 2006 had proved this . So who or what was this AWINZ he was allegedly representing?
As we believe you are aware, AWINZ is a charitable trust created pursuant to a trust deed dated 1 March 2000
I just love the way that lawyers use the .. as you are aware bit when they introduce something which you had no prior knowledge of, and as such this was the first time that he concept of a trust was introduced.
- We knew that an application for approved status had been made by Mr. Wells on 19 November 1999, This application clearly states at point 2 ( page 2 )that a Charitable trust has been formed by Deed of Trust as the “Animal Welfare Institute of New Zealand ” (AWINZ). It is being registered under Part II of the Charitable Trusts Act.
So if there was not a trust deed in existence at the time of the application and they now say that a trust was formed on 1.3.2000 does that not make the statement in the application false? Or in other words an outright lie.
- The other thing which has emerged over time is that there has never been a document which allowed Mr Wells to act for the people named on this deed , either before or after it was allegedly signed. Not one of these trustees has ever been associated with the running or administration of the approved organisation and there has been absolutely no connection with the is trust and the approved Organisation, other than inference at Mr Wells instance.
- No copy of the trust deed was enclosed , when the copy belatedly arrived it was not a certified or verified copy and as such could have been produced by any one on any home computer.
- There had never been a copy of this deed in the public arena which would have verified that it existed prior to the date on which it was supplied.
- The deed was supplied by means of PDF a copy of this can be located at http://www.verisure.co.nz/trust%20deed.pdf By right clicking the document and checking the properties you can see the preserved details of the author and the time the PDF was created they are NEIL Wells as author and created 27/06/2006 at 10:46:55 pm
- Significantly the original of this document was not available for settlement conference ( it was claimed to be lost ) , Judge Cunningham was so disgusted with what was produced that she threw this document back at Mr Wright.
- By the time we got to the Quantum hearing there were Two originals. Which contradicts with correspondence which Mr Wells exchanged with the minister in 2000 when he claimed that he had sent the original deed to the MED to have the trust incorporated.
- As a fraud specialist I now that documents can be created to look like originals
- In the absence of proof connecting this “trust” to the approved organisation it can therefore be deduced that apart from Mr Wells being part of both of them and them sharing the same name as the approved organisation.. there is no connection and the trust is a red herring as far as the approved organisation is concerned.
and declared by the Minister of Agriculture to be an “approved organisation” under the Animal Welfare Act 1999 on 19th December 2000. In case you have not received a copy of the executed trust deed previously, we enclose this for your reference.
- This statement belies the true course of events
- November 1999 Mr Wells makes an application for approved status in the name of a trust. There is no authority for him to act on behalf of any other person and it transpired that no trust exists
- In the application he states the trust already exists and is in the process of being registered under the charitable trust act.
- This application is confirmed in the statement of claim ( and By MAF) to be the application which was subsequently approved for approved status of this thing called AWINZ.
- The reality being that if a trust was set up later by the same name the trustees had no connection with the application because they were not part of the application nor approved their names to be used for the application
Processes need to be done in the proper sequence for people to have obligations. As it stood the application was false due to the fact that no trust existed at the time of making the application and there is no independent evidence that a deed was signed in 2000 and that these people were involved with the approved organisation application or subsequent status.
The evidence that I did get from Mr Coutts was that they had not met since 1998 when the proposal was first mooted.
You are, we understand, the Trustees of an entity also bearing the name “Animal Welfare Institute of New Zealand”. For convenience and to avoid confusion, we shall refer to that entity as the “Institute”.
- I find it ironic that an experienced litigator with such impressive credentials as Mr. Neutze does not know the difference between a legal entity and a group of people assuming a name. He minimises our status by giving our entity a name other than the legal name and elevates the unknown person and persons who use the name AWINZ to claim the name.
- Legally an unincorporated trust ( one not registered under any legislation ) is identified by the names of its trustees and then the words as trustees in the “ whatever name it is “ trust.
- The statement of claim which was to be filed later shows that Mr Neutze was aware of this protocol . Even though on that occasion he was identifying persons other than the trustees for which the trust deed had been produced.
- Mr Wells was also in possession of a letter from the registrar of trusts 21 June 2006 which advised him of his rights and his standing. And advised him of the proper course to be followed
What is really strange is that Mr Neutze refers to AWINZ but has given contradictory evidence as to who or what AWINZ is.
The trust deed which was supplied states that there will be no less than 4 trustees and that the trustees will be retired after 3 years. There is no evidence and there has never been any evidence of continuation of trust and as such a trust which never met had no proof of existing beyond 1.3.2000
We also understand that you have created a web site in the name of the Institute and have published certain material on that website concerning our clients AWlNZ and Mr Wells.
We are of the view that certain material published on the Institute’s website breaches the law of passing off, while certain other material published by Mrs Haden and Verisure Investigations Limited on the website and by other means is defamatory of AWINZ and Mr Wells
Our web site went out of its way to illustrate the differences between the legally incorporated AWINZ and the approved Organisation which did not exist in nay identifiable form from which accountability could be sought.
- Surely Mr Neutze would know that we could not defame ourselves and the AWINZ which he represented through his unidentified clients could not be defamed as it did not legally exist in that name.
- Truth is never defamatory
AWINZ has asked us to explain our view to you ………
- In this letter and through the court proceedings Mr Neutze and his fellow brookfields lawyers misled the court as to the nature and structure of AWINZ, their client AWINZ or who ever was using that name at that particular time had no right to use the name without identifying who it represented
- What Mr Neutze was asking us to believe was that he had been instructed by Coutts, Wells Giltrap and Grove.
- The court action he later initiated was for Coutts, Wells and Hoadley. These three people did not have a trust deed and according to information we have now received Wyn Hoadley only formed this relationship with Wells and Coutts on 10 May three weeks after we had fully incorporated.
- We offered to meet to resolve the issue but I think it is obvious that they had an issue of getting people to identify themselves as trustees.
The legal Existence of AWINZ…….. a. This explanation is full of spin the words “as you are aware” places information which the writer wishes to assert as fact without any actual proof.
- It is hard to believe that a senior litigation lawyer such as Mr Neutze can believe that all a trust needs is “ an appropriate trust deed “ I would have thought that the words “Valid “ and ”current” would feature in there.
- That the minimum number of trustees would be 4 yet there were only three names on the Statement of claim. One person who had no evidence of being part of that trust or any other trust.
- Evidence has been provided by Mr Wells in his affidavit that the trust did not trade prior to 2005
- Therefore the trust had no assets and after 2003 , without further evidence no trustees
- Therefore in the absence of any other evidence the trust had ceased to exist.
- Trusts do not have perpetual existence and they need evidence to prove that they operate according to the rules.
Passing Off It has to be noted that the legally incorporated AWINZ never claimed the approved status
- The legally incorporated AWINZ went to great detail to point out how they were different.
- The legally incorporated AWINZ could not pass themselves off as something which had no legal standing or definition, i.e. Not identifiable or locatable we know this because we had tried to find out who or what AWINZ was.
- The web address that we were allegedly passing ourselves off as was owned by Mr wells. His web site was called First strike and animal welfare , it had the AWINZ logo on it.
- AWINZ was the appropriate web site for our legally incorporated trust as we had the name and also applied un opposed for the trademark AWINZ a process which was commenced in may 2006.
- The legal threats again were made for a fictional AWINZ which in itself had no standing.
- The legally incorporated AWINZ had pointed out that misrepresentations had been made at the time of Mr Wells making the application. This has been proved as FACT .
- Mr Wells name was mentioned because he was the person who made the application. FACT
- Everything that was said was true – truth is never defamation
- The public have a right to question where public funds are going and why a private law enforcement authority does not exist..
- The statement which was cited was claimed to be false it has never been shown to be false to the contrary the truth of it has been proved.
- The reality was that Mr Wells did not wish the world to know the truth about his alter ego AWINZ
- He had written the legislation to facilitate approved organisations
- He had advised on the legislation as a paid advisor to the select committee and as advisor to MAF
- Approved organisations have huge potential for capital gain through section 171 of the animal welfare act in that all funds from prosecution go back to the approved organisation
- Mr Wells was the sole operator of the bank account which bore the name Animal welfare Institute of New Zealand , this again is proof that this was a name her used as an alias, there were no trust deeds associated with this account.
- Mr Wells was also the barrister who prosecuted the animal welfare offences which the council paid dog and stock control officers came across in the course of their council duties, 1. Mr Wells the council manager would pass the complaint to
- Mr Wells the head of the fictional AWINZ who would approve I for prosecution and pass it to
- Mr Wells Barrister who after successful prosecution would give the money to
- Mr wells CEO of the fictional AWINZ who would then bank it into the account only he had access to
- The Web host provided me with copies of the emails from both Mr Wright and Wells who put pressure on him to drop the legitimate AWINZ as a client. More bullying
- Wells and Wright were advised to get an injunction through the high court.. again a course they did not follow.
Fair Trading Act
- A fictional organisation cannot be in trade all those who were involved with the making of the Lord of the rings were employed by Mr Wells .
- Mr wells gave a false end title to the lord of the rings trilogy and fell foul of the American Humane society , this is addressed in this letter
- The American humane society complained that their registered end title had been used and that the statement that no animals were hurt or injured in the making of the film was false.
- There is no evidence that the four people named on the trust deed ever traded as AWINZ . (they did not meet )
- As it stood the beach of fair trading act claim was carried through to the court proceedings using a group of people who used the name AWINZ from a date which post dated ( 10 may ) the formation of the legal entity ( 27 April ) and who had no proof of being able to claim the name AWINZ.
- It is obvious from the dates which have been provided that this latter was written just 6 weeks after Mrs Hoadley allegedly became a trustee.
- There was no evidence that she had become a trustee at this stage and the letter makes the inference that it has been written with the express knowledge and approval of the other trustees of AWINZ sought to identify the trustees – apart from Mr Wells
- No one can give an undertaking to something which has no legal existence
- The writer Mr Neutze did not identify who his clients were this is probably because he did not know who they were. Just as he did not know who they were he also did not check the contents before signing the letter.
What is your verdict on Mr Neutze’s due diligence ?