Archive for December 2015
It is well worth watching this U tube clip from fair go this was filmed in 2013 things are probably worse now
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
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 <email@example.com
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.
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
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
|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:|