Archive for December 2015

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