Posted by: transparencynz | March 3, 2014

David Cunliffe and the not so secret trust.

secret cunliffe and brownI ran into David Cunliffe last week  in New Lynn.  I had  spoken to him  about  the fictional law enforcement AWINZ a number of times.  In the past  he  has asked me to send details which I have done  and   all I have achieved is  wasting more time.

Last week  David had to dash off  for  an ” urgent conference call”  and left me  talking to  Sue Hagan his office lady  who assured me that  the AWINZ matter had never got off the ground..   Looks like you are talking through a  hole in you head Susan  they were a law enforcement authority for 10 years. But with  today’s revelations  Cunliffe used agent to take donations for campaign it becomes clear   all you  have been doing  is protecting    the secret trust which   you rely on  to   circumvent the intention of the law , to reveal the  fraud behind AWINZ would expose    a number of politicians who  rely on these   phantom  or trisect trusts. They are  New Zealands greatest vehicle for fraud  and the secret behind the least corrupt status.

Len Brown uses one  , Cunliffe use one  and  AWINZ was one  for  many years and  enforced the law through it. The secret trust. The magic behid the lack of transparency.. blink and you will have missed it   it is an illusion  a deception.

“But he( Cunliffe) confirmed his campaign was run through an “agent arrangement” rather than taking donations directly. He sought a legal opinion before filing his return and defended the use of trusts.”

I just wonder who the lawyers are, note again that this is not disclosed and is  probably ” secret ”  the legal opinion quoted is
“In the event donations are made to a trust, the trustee will have information about donations which a candidate or campaign team won’t have. So [if] there is a trust involved, it will be the donations of the trust to the campaign that are declared, as per the rules. If there is a trust, trustees owe obligations of confidentiality.”
Trustees dont owe  obligations of confidentiality unless the deed  requires it  and the trustees have consented to it .
No where in the world  do we have as much use of secrecy  as we do in New Zealand.  A secret trust traditionally exists only   where   the settlor   wishes to leave   assets  in his will for say an illegitimate child or a mistress.  The trustee has to agree to this confidentiality  and the other requirement is that the settlor  dies.
Trustees have a legal  obligation  to the trust deed  and no trust   can be set up to  circumvent the intention of  legislation .The British law commission has an excellent publication   on  illegal trusts  .
In every case no trust can  be so secret that no one can look at it, image:   you  leave a trust  and the trustee claims it is secret  and  then instead of   distributing the  assets to the beneficiaries  keeps them for himself .
Trustees have to be  accountable to the deed   and the trustees have an obligation to prove  the validity of the deed and that they are acting  according to the deed . How can there be any accountability when   we  can’t even identify who the trustees are.
Trusts which are not registered under any legislation are nothing more than a vehicle  and as  we all know  vehicles dont go anywhere without a driver.
 Have a vehicle on t e road  and the first thing   that   occurs is that we look for an owner or driver .  So in the same sense  the trustees  ( the drivers ) of the trust need to  be identified.
Where as in a car there is only one driver and the owner may be in the passenger seat ,  in a trust   there is one or more drivers and all the  people int he car make a decision by consensus  as to how the vehicle operates. they   can only make decisions which the deed permits them to make.
So David Cunliffe and  Len brown and any one else wishing to rely on secret trusts   why dont  you identify the trustees  who have the obligations   to the deed and leave them to  explain  the  terms and conditions of the trust  because if you know  the contents  and nature of the deed ( and are not a trustee ) then the trust is not secret.

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