Archive for December 2015
Open letter to the North family Debbie ,Malcolm and Samuel
Dear Malcolm Debbie and Samuel
several months ago I corresponded with you and told you that neither Jozsef or I did wished to communicate with you ,but you continued to send bullying and abusive emails.
The police even contacted you email to muse restaurant 171115 and warned you that your communications could well be breaking the law.
But the law apparently means nothing to you, you appear to find it humorous .
So we have just had Christmas. Both Jozsef and I have had to endure more harassment and bullying now you claim you wish to negotiate because you fear being in prison this time next year.
Now you and I both know that innocent people do not have to fear repercussions of the law but you have already stated that the police will not arrest you for stealing Jozsefs shares. WE have so many confessions it appears unreal that you are still in denial .
The lawyers firm which you engaged to represent the company found themselves in such a bind that they had to take court action against me because they didn’t know which way to turn . on one hand they had to admit that Jozsef had no rights and on the other hand you were suing him as a majority share holder . Never before has there been such a ridiculous set of circumstances and blatant theft and you wish to negotiate settlement with Jozsef .
Those who commit offences are not in a position to negotiate to seek a discount on the sums which they have stolen and the losses they have caused.
I have already told you that a good starting point would be full compensation to Jozsef for his losses. You have his bank account details you may wish to start repayment of the shares which you unlawfully transferred.
I have also taken the liberty of writing to the business broker who has Muse on Allen listed for sale it would appear that this is a major transaction one which is not permissible without consent from the share holders and s you have commenced legal action against Jozsef as majority share holder it would appear that you have posed yourselves some problems
No matter what, the outcome for you will be much better if you were to voluntarily commence reparation to Jozsef. the police and the courts will view this favourably .
Other than that neither jozsef or I wish to hear from you and emails and gifts indication what a laugh the last year has been will not serve you well .
You will be contacted by Jozsefs lawyer in due course , currently we are in the middle of a legal holiday . so please be patient and do not communicate with either of us your communications are unwanted .
We look forward to seeing the matter resolved in 2016 , the ball is entirely in your hands you can make it better or you can make it worse. your current conduct is unhelpful.
email in response by Samuel
From: “samuel” <samuel@muserestaurant.co.nz>
Date: Dec 29, 2015 9:33 PM
Subject: Re: Meeting
To: “Jozsef Szekely”
Cc:
Open letter to the ethics committee of the New Zealand association of Counsellors
Open letter New Zealand association of Counsellors
From: Grace Haden
Sent: Friday, 11 December 2015 10:22 a.m.
To: ‘ethicssecretary@nzac.org.nz’ <ethicssecretary@nzac.org.nz>
Subject: harassment and bullying by Debbie Norths son and Husband.
I am a licenced Private investigator.
I have been assisting a young chef who has had all his equity in a company stolen from him by Debbie North , her husband and son.
Jozsef invested $64,000 in a restaurant Muse on Allen there were two share holders Debbie’s son Sam and Jozsef 30 % Samuel 70% Jozsef .
Debbie became an alternate director but exercised full director powers and allowed her son to transfer 21% of the shares from Jozsef into his own name contrary to the provisions of legislation and without any legal basis. This reduced Jozsef’s share holding to 49%. No other money was invested into the company apart from funds clearly introduced as LOANS by the Norths and Samuels girlfriend Annabelle Torrejos
Debbie was then party to making her husband Malcolm a director and the three of them removed Jozsef as director and then transferred the remailing shares to Samuel making him the 100% shareholder of the company while he had not introduced any equity in to the company and was in fact showing a deficit of some $6000 of drawings against equity in 2014
In court documents she claimed this was an error how ever this error has not been corrected by her despite the fact that she filed the annual reports with the companies office 21 October 2013 and
09 October 2014 and failed to correct the share holding . these are serious offences under the companies act
I was taken to court for alleged Harassment after the lawyer they employed to act for the company ( but in reality only acting for their interests) accused me of contempt. I advised him that he had a legal duty to comply with the law and be independent in acting for the company and so I was taken to court for harassment .
The court action was in Wellington ( I live in Auckland ) I told the lawyers who were taking this action that I would give an undertaking not to contact this sensitive lawyer who apparently did not wish to be independent and comply with the law .
The court date was concealed from me and I was advised of the hearing at 9 am on the day of the hearing and therefore could not make it to wellington on time. I was called a serial defamer and harasser based on the lawyers submissions and have been ordered to pay $5000 for this privilege I have asked for this decision to be recalled as the process was not fair and transparent.
The Bullying and harassment in this matter is beyond belief. I am not he only one subjected to it – Jozsef has had abuse hurled at him and has been physically threatened in court by Malcolm North .
After losing his own restaurant Samuel taunts him by saying what is it like flipping ham burgers.. and making himself out to be the all successful chef based on the fact that he “ owns “ a restaurant which Jozsef has effectively purchased the chattels for before being kicked out three months into the operation .
The police are only good for writing warning letters and nothing further appears to be on their agenda other than getting people to take things to court where they are subjected to massive legal bills ( Jozsef has already paid out over $50,000)
amendment: It is our honest opinion that Malcolm has been attempting to interfere with Jozsef’s employment apparently by using his capacity as Employment Support Representative in the ministry of social development . This honest opinion is based on events which occurred at Jozsefs work place and events which played out . Malcolm has alleged that this statement is declamatory but it is our honest opinion that this is the case perhaps Malcom would like to explain why he met with Jozsefs supervisor and why Jozsef was then put in the position that he was placed in . Honest opinion is never defamatory
Jozsef is under extreme pressure and I fear that the ongoing attacks on may have serious repercussions . this has been going on for three years
Even after the police told Samuel and Malcolm not to send any more emails they have continued to do so making false claims and bullying remarks about personal relationships remarks which are untrue and have no substance but are made in an attempt to hurt and denigrate
I find it ironic that Debbie works for the mediation service and I see the ethics of her and her family counterproductive to the aims and values of your organization
Since Debbie made a claim to the court that Jozsef’s shares were transferred in error she should seek to correct it, instead she chose to resign as director and has allowed her husband and son to continue harassing and bullying.
This has to stop and that is why I am bringing this to your attention
I have Lots of information about this on Transparency.net.nz and in the interest of transparency I will publish this letter there as an open letter the public has a tight to know that you employ a membership secretary who is party to all of this .
I doubt that you will do anything as we appear to be incredibly good at duck shoving in NZ it is always someone else’s problem . The problem in this case is the lack of enforcement of our laws once upon a time people who committed these offences were behind bars now they just bully people and hopefully their victims will commit suicide and then they can say see he/ she was mad all along.
This is why NZ’s suicide rate is higher than our road toll and drownings put together . You and any one reading this has to act we force people to go to extreme expense to save the one or two toddlers who drown in domestic pools each year but we allow bulling in adults and through lawyers to continue .
I do hope that you act. I fear that you will not .
Regards
Grace Haden
Abuse of company legislation
It is well worth watching this U tube clip from fair go this was filmed in 2013 things are probably worse now
new-zealand-great-place-shady-business-video-5650808
Muse on Allen – Samuel North and the Convention against corruption
Open letter to the registrar of companies
On 1 December 2015 the NZ Government ratified the UN Convention against corruption
We have written to you and your minister in the past and published several articles with regards to the Muse on Allen and the so called Owner Samuel North who according to the latest accounts we have does not hold any equity in the company yet claims to be the 100% share holder.
We have identified the fact that Josef’s shares were transferred to Samuel North without consent and without any corresponding change in equity . It has also been acknowledged in court that the required documentation was not completed. For good measure the shares of the majority share holder were taken in two steps and then even after it was alleged in court that this was done in error Jozsef was sued as a 62.4% share holder when he is denied all share holder rights.
We compiled a list of offences which have occurred, there were about 30 of these Offences but the registrar of companies appears to condone these offences by failing to act.
We wish to draw your attention to article 22 of the United nations convention against corruption a treaty to which we are now a full signatory
Article 22.
Embezzlement of property in the private sector
Each State Party shall consider adopting such legislative and other measures as may be necessary to establish as a criminal offence, when committed intentionally in the course of economic, financial or commercial activities, embezzlement by a person who directs or works, in any capacity, in a private sector entity of any property, private funds or securities or any other thing of value entrusted to him or her by virtue of his or her position.
Malcolm North in an email stated “we are not going to get locked up for stealing shares”
There can be no doubt about the embezzlement of shares by Samuel North and since share transfer is done under the supervision of the directors both Samuel’s parents Debbie North and Malcolm North appear to be complicit . They and Samuel admitted to having reduced Josef’s shares in Error and now it appears that asking for errors to be corrected by their lawyer is more of an offence than the actual act of misappropriation.
The second least ( perceived ) corrupt country appears to be out of wack with reality .
Now that we have signed the convention will the registrar of companies please act to correct this criminal actand prevent the asset stripping of the equity which Jozsef has invested into the company and from which Samuel North has profited.
In the mean time Samuel North has become the only director with Janine Corke resigning on 23 November and Malcolm North resigning 6 December
Samuel north has now set up a new company Catering limited on 3 December ,this was right after we had Trade me take down the posting for the sale of the chattels. see the trade me ad here Chattels, lease, fitout for sale _ Trade Me
this is what Samuel wrote in reply
Samuel North <samuel@muserestaurant.co.nz
Hello Rosie
I have been passed on your questions about the premises.
So the business is not for sale, it has been very successful and I am relocating it to a bigger venue.
The lease has around 5 years remaining with a further 6 years right of renewal ( I have asked the landlord for a copy and should have it within the next couple of days)
I recently fitted out the restaurant (not kitchen) so all chattels in the front are all brand new, kitchen equipment has been well maintained and ranges from 3 years to 6 years old.
Attached is a chattels list
We turned over 800k the last financial year, the street is very busy during the night, we operate Tuesday to Saturday – Friday and Saturday are our busiest.
Muse on Allen is a fine dining restaurant with a bar, our average spend is $90 however you may want to make it more accessible as the street is busy but not everyone spends $90 on a dinner these days.
Please let me know if you have any more questions or you would like to view the premises, it is price to sell and I’m open to offer as I’m moving in January.
Thanks
Samuel
so what is the bet will he liquidate Muse on Allen ? when changes occur something is up . Muse on Allen has been in liquidation court already this year .
We further draw your attention to the provisions of the convention in
Article 52. Prevention and detection of transfers of proceeds of crime.
The chattels are being disposed of there is an attempt to pervert the course of justice and there can be no doubt that many crimes including misappropriation of assets have occurred crime has been committed but our authorities will not act. there appears to be a ping pong game between police and Registrar in the mean time Jozsef has paid out $50,000 to lawyers and needs to find $10,000 more . If he drops out of the court action his lawyers advised him to commence before bleeding him dry then he will be cleaned out with costs and as victors the offenders will walk free.
We request that the registrar of companies urgently intervenes as required by our new obligations to the convention and ensure that the crimes which have been identified are not left unprosecuted and the assets secured.
This letter is an open letter as this is now a matter which is not just in the national interest but in the international interest. New Zealand wither condones corruption or it does not. If it does not condone corruption then the government officers cannot sit on the side line when we have signed up to this important treaty
NZ ratifies UN Convention Against Corruption
At Last NZ ratifies UN Convention Against Corruption but is this an empty gesture or will corruption be dealt with seriously and not just concealed like it has been in the past ? Time will tell .
We fear that it will be business as usual in the Axminster system operated in NZ where corruption is habitually swept under the carpet.
News of the ratification received virtually no publicity at all instead we had a video and an article of a South Auckland man finding a live caterpillar in supermarket salad bag. Those of us who have grown up with fresh vegetables know that this a possibility if you don’t like bugs in your food go for GE .
So what are we going to do now that the necessary law changes have been made are we going to ignore them and continue to allow the courts to silence those who have asked lawyers to act according to law ? ( more on that later ) .
We are still asking questions with regards to the former crown law lawyer who is now acting in a situation of conflict of interest by turning a blind eye to the corruption of the animal welfare institute of New Zealand a fictional organisation which was given wide law enforcement powers because no one checked.
And transparent International New Zealand what are you going to do? provide more statistics to show how well we do while ignoring the elephant in the room ? we must keep the perception alive imagine if people were to embrace reality ? Disaster !
More to come in the mean time here are some links so that you can investigate what the ratification of the UN convention against corruption should mean .
The United Nations Convention against Corruption (UNCAC) is a multilateral convention negotiated by members of the United Nations. It is the first global legally binding international anti–corruptioninstrument.
read about the convention here
Text of the United Nations Convention against Corruption English
STATUS AS AT : 05-12-2015 07:03:18 EDT
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New Zealand 8 | 10 Dec 2003 | 1 Dec 2015 |
The United Nations Convention against Corruption (from this link)
The United Nations Convention Against Corruption (external link) requires countries to take action in both the public and private sector to prevent corruption.
New Zealand signed the convention in 2003. It creates:
- arrangements to strengthen international co-operation
- arrangements to prevent the transfer of funds obtained through corruption
- ways of monitoring a country’s compliance with the convention.
The convention requires countries to criminalise corrupt behaviour such as:
- bribery and embezzlement of public funds
- trading in influence
- concealment and laundering of the proceeds of corruption.
When dealing with the proceeds of corruption, a country must be able to trace, freeze, seize and confiscate those proceeds.
New Zealand is compliant with most of the convention’s provisions. The Ministry of Justice is working on the final necessary steps to bring New Zealand into full compliance.
United Nations Convention against Corruption Tools and Publications: |
![]() Resource Guide on Strengthening Judicial Integrity and Capacity Self-assessment of the implementation of the United Nations Convention against Corruption |