Posted by: transparencynz | July 6, 2017

Whistleblowers, Government and SPCA

The headline reads Kiwi whistleblowers left vulnerable by ‘weak, patchy, and out-of-date’ legislation

How true   but then there  are also a large number of  whistleblowers  who are not even covered  by this legislation and  when it comes to ranking  second rate citizens those who  blow the whistle on  wrongdoing in the public sector are  at the bottom of the list .

The whistleblower legislation only relates to employees see Protected Disclosure act 

If you are not an employee and report corruption in New Zealand   then you are treated as an unreasonable person  and  the ombudsmen has put out a manual to deal with  people just like you  .

By being labeled as an unreasonable person  no one in government has to listen to you or look at your evidence as you are after all  Unreasonable .  It is apparently Quite unreasonable in New Zealand to  say   sorry but I think this is corrupt .

That which is not seen , is not questioned   is therefore never unravelled  and  so New Zealand remains corruption free , all nicely concealed.

The unreasonable conduct   leaflet deals with   people who  get angry and frustrated  so all  the   Public sector agency has to do  is  throw up brick walls and leave the  person banging their head against it.  Eventually the person will scream  ” my head hurts ”  and the  agency can then point and say see I knew it all  along an unreasonable complainant.

If you visit the page  Good administration guides you will note that

Good decision making  is 10 pages long

Effective complaint handling 23 pages

and Managing unreasonable complainant conduct is 123 pages long

the  ironic thing is that there is no corresponding manual for  unreasonable conduct from public sector agencies.

As a Private investigator I have found that the no 1 failing of our public sector agencies  is the failure to  verify .

  1. No one checked to see if the animal welfare institute of new Zealand (AWINZ)existed  before giving it  law enforcement powers ,
  2. the lawyers   prosecuting me for defamation never checked that  a trust deed for AWINZ existed or if this was actually the law enforcement trust which they were representing and not a similarly named trust set up with the intention to conceal the fact that AWINZ was fictitious
  3.  The police did not check to see if there was actually an order before charging me with 5 counts of breaching an order made under section 240  Lawyers and conveyancers act  .
  4.  and I could go on

The  runner up failure  goes to failure to  stick to the law. 

  1. the law applies to us not the the government agencies they have the ability to make things up.. might is right

And in  number three place  there  is  lack of  accountability everyone is looking after their mates  after all that is what mates are for  and in NZ our public service is practically incestuous and   funds  Transparency International to ensure that  integrity is always  rated as high.

To understand why this is  you have to first accept that New Zealand has adopted a business  approach to governance , like a large  supermarket installing  self checkouts  the approach is that the  inevitable losses are cost less than the the wages of  the staff  which would otherwise be employed.

It is therefore   better to ignore the  corruption than it is to deal  with it.. prosecution is not cheap and exposed corruption  could damage  the nations reputation and affect the share market which we  are so focused on .

This aspect is is  covered in the UCC manual  at figure 1  as can be seen this list  is  far longer list than the effects on the person  with a bit of luck they may commit suicide and the problem will be gone but the $$$ saving is there.

So all you need  is for the complainant  to be under a lot of external pressure  e.g being sued for defamation and being denied  a defence of truth and honest opinion  , hitting a brick wall  with public sector  agencies who are determined to cover up the wrong doing and/or neglect  of their  fellow workers   and the   whistleblower  is left to be attacked for ever more.

When the complainant thinks that the   public sector agency  is not grasping what is going on and sends in more evidence they are doomed  as one of the criteria for listing a person as a UCC is in chapter 4 ,

This document is by no means  unique it appears that it was  totally copied from the NSW ombudsman’s office.   The difference is that there they have a commission against corruption …  in New Zealand we don’t  and  there is no one independent who looks at   the complaints of Whistle blowers .. Its all too easy Whistleblowers are deemed  Unreasonable complainants and persecuted .

In My case it has been going on for 11 years  and it is still  going on with   unseen cowards beavering away in the background making certain that I stay silent.The police have said it is too serious for them and the  SFO say that there is not sufficient capital involved . All along my character has been under attack  I  am  bad and the perpetrator of this massive  public fraud (which is now  culminating in turning the RNZSPCA’s member societies and  branches into one large expectorate ) has been concealed because the lawyer involved is Holier than thou

I recently read  a Law society article Censured Lawyer  gets name suppression I wrote an article  speculating on who this was  as  due to the circumstances of the events it appeared to me that this was the one and the same person who had sued me for defamation  and  misled the court over the identity of  the Animal Welfare Institute of New Zealand a law enforcement authority which had no legal existence  but which had been given   coercive legal powers  following a fraudulent application  for Approved status under the legislation  which this  censured lawyer had written.  The legislation was initially  to  fulfill his business plan of creating a  inspectorate that could prosecute people for animal neglect, that all sounds pretty good   but  now that the RNZSPCA has filed its constitution  show its objectives  as being to give animals a better life  . This  would mean that i am a prime candidate for prosecution  as my cat  always believes that what she is getting is  not good enough .

The animal welfare bill was  initially written by this corrupt lawyer , he later advised on the  the two bills which were considered  and did not declare his conflict of interest , he created offences which are  strict liability and  Basically subjective  being that they are in the opinion of the  inspector . It is an extremely dangerous piece of legislation  especially in the hands of a private body .

12 Animal welfare offences

A person commits an offence who, being the owner of, or a person in charge of, an animal,—(a)fails to comply, in relation to the animal, with section 10; or(b)fails, in the case of an animal that is ill or injured, to comply, in relation to the animal, with section 11; or(c)kills the animal in such a manner that the animal suffers unreasonable or unnecessary pain or distress.

10 Obligation in relation to physical, health, and behavioural needs of animals

The owner of an animal, and every person in charge of an animal, must ensure that the physical, health, and behavioural needs of the animal are met in a manner that is in accordance with both—(a)good practice; and(b)scientific knowledge.

11 Obligation to alleviate pain or distress of ill or injured animals

(1)The owner of an animal that is ill or injured, and every person in charge of such an animal, must ensure that the animal receives treatment that alleviates any unreasonable or unnecessary pain or distress being suffered by the animal.

(2)This section does not—(a)limit section 10; or(b)require a person to keep an animal alive when it is in such a condition that it is suffering unreasonable or unnecessary pain or distress.

the  real clincher comes in section 13

13Strict liability

(1)In a prosecution for an offence against section 12, it is not necessary for the prosecution to prove that the defendant intended to commit an offence.


A person who commits an offence against section 12 or section 14(1) or section 14(2) or section 21(1) or section 21(2) or section 22(2) or section 23(1) or section 23(2) is liable on conviction,—(a)in the case of an individual, to imprisonment for a term not exceeding 12 months or to a fine not exceeding$50,000 or to both; or b)in the case of a body corporate to a fine not exceeding $250,000.

The act is water tight  relies on the opinion of the inspector  and  has virtually no defence.  If you go to a lawyer and make an appointment   for next week you are too late as your defence has to be filed within  7 days .

The legislation is a licence to print money ,  You cannot turn off the life support of a loved one   but if you  think your dog is comfortable and want to keep  it alive you  will be prosecuted for not  having put him down .

When you have been  attacked by a person as long as I have you get to know the way they work  and think  and I recognise the fact that the Animal welfare institute of New Zealand was the trial for amalgamating  the SPCA’s  and the things which have been done over the years  have been trials to  set this one spca in action .

An associate of mine had his horse seized by Sarah Elliott- Warren  who had been  working for AWINZ , was a lecturer at Unitec   teaching  animal welfare inspectors, went to the SPCA  and took over the management of several SPCA’s. The reoports that I had with regards to the horse was that $3,000 grazing fees were demanded  when the  horse was grazed  by Elliot on  family property, when the owner could not find the cash  the horse was put down . The protocol for disposing of animals is  set out here 

Sarah  worked on the lord of the rings project  for the fictional AWINZ   this is the american humane societies    letter regarding the investigation where  animals were both hurt and   died .

The Letter  where this  excerpt appears is here 

it also goes on  to say “There appears to be a very unusual relationship between the SPCA and AWINZ. If the SPCA has
‘ tent”. for reward, a warranted inspector to AWINZ and that inspector was present in order to exercise powers under the AWA, then in my view the arrangement is against the spirit of the AWA.”

The fact that  the  barrister  who wrote  the legislation and   has set the  SPCA up for this change ( he states that he was responsible  for amalgamating them all under the RNZSPCA )  is less than honest can be found here  and here

Waikato Bay of Plenty Standards Committee No. 2 v Mr M [2016] NZLCDT 24 [PDF, 46 KB]Decision on liability (6 September 2016)

Waikato Bay of Plenty Standards Committee 2 v Mr M [2016] NZLCDT 34 [PDF, 42 KB]Reasons of the Tribunal for decision on penalty (24 November 2016)

When you read these decisions you will note   that this man  is playing the poor   “stressed out me” card ,

He did exactly the same in  2008  when he  attacked me  and has  kept up his attack all these years .

In reality  reading the decision he ripped his client off to the tune of  20,000  he was  wanting to  transfer the rest of her assets   to his   animal welfare charity which  did not exist .

He still operates other  charities which  other trustees believe were wound up .

The  one spca is not about   better care for animals it is about $$  and this corrupt  former  Barrister is totally behind this .

I have been blogging about this  for years  fallen on deaf ears he remains the hero  Me the villain even to the extent that I am now charged with 5 offences of breaching a fictional order  for suppression .

The   connections between  AWINZ and the RNZSPCA  have always plagued me and the fact that there is now a very desperate attempt to silence me   makes me believe that my suspicions are well founded . All I had available to me when I named the  Barrister was this 

I would love some one to tell me where  the suppression order is in the decisions  relating to mr M  especially the suppression order under section  240, this again is a  claim fabricated by the corrupt mr M  see here

In 2010  I wrote about the Blurred boundaries RNZSPCA and AWINZ and  I also explained the missing  funds  from the waikato RNZSPCA in various articles

It will come as no surprise that this  same bent  former lawyer set up the programme for training the  Inspectors who   are all too keen to  take on the role as the SPCA as a law enforcement body . He is still connected Graeme coutts a “trustee” of the the  cover up trust AWINZ  works  alongside the RNZSPCA on the same floor, Tom didovich another trustee  worked for  the SPCA . Arnja dale   who has now been appointed Chief Scientific Officer is one and the same Arnja who took over  the Unitec inspector training from  the corrupt  barrister .

It appears to me that there are a lot of people stuck in jobs with limited financial future , By developing the inspectorate  they will be writing their own  salaries .The point they miss is that  their  direction will depend on making animals  suffer , there is therefore no  $$ incentive for them to teach people to look after animals  as they  would be out of a job .

I have seen the spin and the secrecy behind this   but then  I am probably an unreasonable person  so lets ignore  me and just wait and see .

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