I 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.
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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