Archive for December 2015

Open letter to the North family Debbie ,Malcolm and Samuel

pic 3Dear 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:

 

Jozsef should we both spend 50k on solicitors again in the new year.
Looking forward to it.
I love filling their pockets.

 

Open letter to the ethics committee of the New Zealand association of Counsellors

Opethicsen 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

Muse on AllenOpen 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 anticorruptioninstrument.

read about the convention  here

Text of the United Nations Convention against Corruption EnglishUNCAC English

STATUS AS AT : 05-12-2015 07:03:18 EDT
CHAPTER XVIII
PENAL MATTERS
New York, 31 October 2003
Entry into force
:
14 December 2005, in accordance with article 68(1).
Registration :
14 December 2005, No. 42146
Status :
Signatories : 140. Parties : 178
Text :
United Nations, Treaty Series, vol. 2349, p. 41; Doc. A/58/422.
Note :
The Convention was adopted by the General Assembly of the United Nations on 31 October 2003 at United Nations Headquarters in New York. It shall be open to all States for signature from 9 to 11 December 2003 in Merida, Mexico, and thereafter at United Nations Headquarters in New York until 9 December 2005, in accordance with article 67 (1) of the Convention. The Convention shall also be open for signature by regional economic integration organizations provided that at least one member State of such organization has signed this Convention in accordance with its article 67 (2).
New Zealand 8 10 Dec 2003  1 Dec 2015
8.Upon ratification, the Government of New Zealand notified the Secretary-General of the following:
“… consistent with the constitutional status of Tokelau and taking into account the commitment of the Government of New Zealand to the development of self-government for Tokelau through an act of self-determination under the Charter of the United Nations, [the ratification by New Zealand of this Convention] shall not extend to Tokelau unless and until a Declaration to this effect is lodged by the Government of New Zealand with the Depositary on the basis of appropriate consultation with that territory…”

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.

Beehive

Law  society 

Transparency International 

United Nations Convention against Corruption Tools and Publications:
Rules of Procedure for the Conference of the States Parties to the United Nations Convention against Corruption

Rules of Procedure

UNCAC Legislative Guides

Legislative Guide

UNCAC Technical Guides

Technical Guide

Travaux Préparatoires of the negotiations for the elaboration of the United Nations Convention against Corruption

Resource Guide on Strengthening Judicial Integrity and Capacity

Self-assessment of the implementation of the United Nations Convention against Corruption