Posted by: transparencynz | May 12, 2014

Neil Wells distances himself from AWINZ

wells flow chart_Page_2I have just taken time to look at submissions for the animal welfare bill  and  within the multitude of pages I find a  submission by Neil Wells . Neil Wells evidence text [PDF 258k] and  Neil Wells  supp  [PDF 141k]

In the  submission  he starts off stating

I agree with the general policy statement that the Bill will “improve the enforceability, clarity, and transparency of New Zealand’s animal welfare system.”

Transparency ?  run that past me gain  ? wasn’t  it   Mr Wells  who made an application to the minister for approved status  using a  false name ?

Did he then not run  this enterprise himself   using the councils staff and resources while not  disclosing that there was no one else involved ?

So why does he  not list his experience of 10 years running  an approved organization?  and why did  he not even mention the Animal Welfare Institute of New Zealand? ( AWINZ ) .

I rather suspect that he has not mentioned AWINZ because  it would not read well saying

I was the author of a Private Member’s Bill presented to Parliament by Hon Pete Hodgson in 1998, which was later joined with the government’s Animal Welfare Bill (No. 2).

I served as an Independent Specialist Adviser to the Primary Production Select Committee during the consideration stages of the Bills.

applied for approved status  for an organization which did not exist and which was actually me using a pseudonym.

I  ran the approved organization for 10 years using the Waitakere  city council staff and resources  , prosecuted and  banked the proceeds into a bank account   which I  operated in the  name of AWINZ .

I suspect that if he had written that  some one might have said..  there is something wrong here.. perhaps  conflict or interest   even and some  one might  say  “hey is it OK to write legislation for your own business plan and advise on it and implement it under a false name   then cover up using the court. ? ”

At Point three of his main submission Wells states

A statute is only as good as the procedures available for enforcement of its provisions, the detection of offences, and the prosecution of offenders.

3.1 Enforcement and prosecuting authorities
There are three types of enforcement and prosecuting authorities — the Police, the Ministry for Primary Industry, and approved organisations.

3.2 The Police
While every member of the Police is deemed to be an inspector the Police rarely take complaints related to animal welfare breaches and instead refer the complainant to the SPCA.

3.3 MPI
MPI does not have the resources to be able to deliver national enforcement and prosecution services on its own for all animal welfare complaints and is totally dependent on approved organisations. This creates an enormous risk for government.

3.4 Approved organisations

It appears odd to me  that Neil Wells does not  mention his own first hand experience  with running an approved organization .  but for once I  find myself agreeing  with Mr Wells he states

MPI does not have the resources to be able to deliver national enforcement and prosecution services on its own for all animal welfare complaints and is totally dependent on approved organisations. This creates an enormous risk for government.

It transpires the MPI could not even  discern the difference between  a legal  person and  a fiction, a truth and a falsehood .   The falsehoods  from Mr Wells as to the existence of  AWINZ were  swallowed hook line and sinker  and   each obstacle was overcome with   another  tall tale . he goes on to say

There is currently one approved organisation that is authorised to recommend the appointment of Inspectors and through those appointments, to enforce the Act and prosecute offenders — the Royal New Zealand SPCA.

But he doesn’t mention  AWINZ Mr Wells using council  staff which had been offered for use  by his associate  Tom Didovich  without apparent  authority from the  council hierarchy . Wells points out how rare it is to have private law enforcement authorities

There are only 2 countries in the world that depend on a private organisation, the SPCA, to act as the enforcer and prosecutor of animal welfare law — New Zealand and the 7 states and territories of Australia.

Mr Wells   using the council  staff  and resources prosecuted under the  guise of the fictional AWINZ  and  pocketed the money into an account only he had access too, funds  which he has since used to  haul me through court  so as to cover up the  criminal activity associated with AWINZ.

If we were to adapt the model  which Mr Wells had  set up there would be no need for  funding as it   ensured that public assets were used for private pecuniary gain. I am sure that  any   accountant would tell you that there were serious flaws with Mr Wells model  and to prosecute through an  authority which has no legal existence  ensures that there is no accountability to the public and no one can hold you accountable as  there is no identifiable and sue able person to  take on. the dangers of  this relationship are  expressed by Mr Wells in  this comment

Legal commentators maintain that the enforcement and prosecution of criminal law (animal welfare offences are crimes) are the responsibility of the state and not private organisations that have no public accountability.

I could not agree more  , when an organization can  increase its income through prosecution  and  incidentally giving people a  criminal conviction  it  becomes very serious , take that one step further  and if there is no organization and the law enforcement authority   is in reality  just one  person  who has obtained law enforcement powers  using a false identity then it has to be SERIOUS , especially when    council, MPI, ministers, OAG  all go out of their  way to cover this up or turn a blind eye to it.

The statements he made  in  his submisson shows  just how serious the matter with regards to the  fictional AWINZ was

The Law Commission in its paper Delivering Justice For All (2004) commented that “the operation of the criminal justice system is the responsibility of the state.” Judge Garland in R v Balfour said that “the SPCA was effectively standing in the shoes of the government.”

In reality therefore  Neil Wells was one person standing in the   shoes of the government , so when I asked the question  why AWINZ did not exist, it was  far easier to  crucify me than it was for any government department   to say  Oops we gave law enforcement authority to  a fictional organisation.

AWINZ has proved that there was a lack of accountability , we still do not know   who  was regarded to be the organisation no one can identify the real people  actually involved.  we know that  Wyn Hoadley, Graeme Coutts Neil wells and  Tom Didovich posed as the organsiation and claimed the law enforcement powers as their own  but there is not one document which can be produced from any legitimate source which  supports that claim.

Incidentally it Was Tom Didovich who  supported Wells application  on behalf of Waitakere city council

When the application for approved status  was made there was no trust deed, there was no group of people who had decided to apply for approved  organization  status, there was just Neil Wells and his own business plan for making money .  In 2006 when I discovered that AWINZ did not exist , Neil Wells   tried to contact  four people  who he had spoken to in 1998 who had been recruited  by Didovich  for the possibility of forming a trust with council  to facilitate the delivery of animal welfare services.

Council paid for this through Didovich , but  the persons never met as a trust.  In 2006 there was not a trust deed ( it was claimed to be missing )  and I have conclusively proved that these persons did not form a trust until three months after the application for approved status  was made and that they were not the approved organisation .

Graeme Coutts , Nuala Grove and  Sarah Giltrap were all recruited because of their station in life or perceived station in life , they never met as a trust  and never applied for  approved status  , they were not  the law enforcement authority .

Under Item 17 clause 35 Mr Wells   describes the pilot scheme set up by him to trial   animal welfare in councils , he again fails to mention that it was set up at his  instigation and that this led on to the fictitious AWINZ  being created.

While I commend Mr Wells concern for little furry things  he has  had no such compassion for Humans  especially  when it came to me and my family.  Wells has totally destroyed my family  and  financially stripped me.   Mr Wells in my opinion  is nothing but a criminal at large  who has used the  courts to pervert the course of justice  so as to  conceal his criminal offending.

I do not believe that any one can treat humans and animals  differently , to be cruel to a human ( yes I have suffered at Mr Wells hands for 8 Years )  makes a mockery of the perception of being humanitarian .

If AWINZ had been legitimate ( it was not ) I would have expected Mr Wells to have made mention of it.  His  manner of dealing with AWINZ , or should I say avoiding it in his submission   , to me at least  proves  his guilt .

I think that it is about  time some one dealt with the reality  that AWINZ was nothing more than a name Mr Wells had given himself, he  had  used others to cover up , when they realized how serious things had become ,they could not  back out  for they too had committed  offences through him by  being party to a raft of offences  from being accessory after the  fact to  parties tothe  the offence of using the court to pervert the course of justice.

this was done through a tactic  called

DARVO – Acronym of “Deny, Attack, and Reverse Victim and Offender”.

I was the  whistle blower and  was made out to be the villain   Wells became the Victim picked on by this deranged woman   .  It is a powerful strategy   and   it works in New Zealand especially when you   can show that  you are kind to animals.

Well I am kind to animals and  to humans.. hasn’t helped me.

The victim stance  is a powerful one  . the victim is always morally  right  neither responsible  nor accountable and forever entitled to sympathy

I can prove everything I say   and I am speaking the truth  , I will again send this to Mr Wells and draw this to his attention   so that corrections can be made .

Again I will ask him to provide evidence.. that is the one thing  that those who make things up always lack. If you want  evidence from my side  all you need to do is ask  I have truckloads of the stuff.


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