Open letter to Wyn Hoadley councillor TCDC

Open letter to Wyn Hoadley

Dear Wyn

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 was the new logo you adopted  so close to the ones on the council building and vehicles?

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 ?

On http://www.northshorehospitalfoundation.com/foundation.html it states

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.

http://www.tcdc.govt.nz/PageFiles/5081/Councillor%20-%20Thames/P_TC011_20100916_101144_WYN_HOADLEY_PROD.pdf

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.

Conflicts of Interest

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

Wyn Hoadley: Give your 2c on council spending

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.

Yours  sincerely

Grace Haden

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