Open letter to the Ombudsman

Dear Sirs .

There is one fundamental  issue with the   complaints system in New Zealand .. it is  out of date  and does not appear to  comply with   the   standard for complaints AS/NZS 10002:2014

I note that the Good administration guides  are all about 5 years  old and probably out of  line with the  Changes to the Ombudsmen Act and official information legislation  document dated   May 2017.

Just recently I blogged  about  the reliance  by authorities on the   unreasonable complainant conduct manual 

and commented that this manual was pretty much identical to the one used in  New South Wales  , the fundamental difference is that  here in New Zealand whistleblowers  are often  labeled unreasonable complainants, in an attempt to  drive home the message the  complainant will  provide more evidence  and where the toll of whistleblowing   is starting to show the whistleblower may resort to highlighting text,  bolding it and  in conversations may raise their  voice due to frustration .  the  easy course to take is to   say AHAH  an unreasonable complainant.

In New South wales the  complainant  can go to the  Independent commission against corruption  who will   independently  investigate the   matter .

In New Zealand you go to the Police who  say it is too serious  and the   SFO  who say sorry not serious enough .

It appears some  australian states have adopted  the  standard for complaints AS/NZS 10002:2014 and have published a document    in 2015 and 2016 which guides Public sector agencies through   the complaint process.

The publications can be found at these links

[PDF]complaint management framework – Ombudsman SA     www.ombudsman.sa.gov.au/wp-content/…/Complaint_Management_Framework.pdf

[PDF]Complaint management framework and model … – NSW Ombudsman https://www.ombo.nsw.gov.au/__…/Complaint-management-framework-June-2015.p…

[PDF]Good Practice Guide to Handling Complaints – Parliament of Victoria  https://www.parliament.vic.gov.au/…/Tabling_copy_VO_Report_A_good_practice_g…

[PDF]Effective complaint handling guidelines – International Ombudsman … www.theioi.org/downloads/…/Effective-complaint-handling-guidelines-Third-edition….

and the company registration   also has  its policy

[PDF]Complaint management policy – ASIC   download.asic.gov.au/…/complaint-management-policy-for-external-publishing-final….

In New Zealand  we appear to be hell bent on ” writing complaints off ”  covering up   and doing what it takes to preserve our corruption free image .

As a whistleblower with over 11 years experience of  banging my head on a brick wall I have also noted that   identity fraud in New Zealand  is only dealt with by the  department of internal affairs .  the companies office on the other hand unlike ASIC  , looks at compliance and does   nothing   about the use  of “trading names ” and   similar names

My complaint about the   approved organisation  Animal welfare institute was   thrown out by your office because no  one identified the fact that  the court had been seriously misled  through the introduction of a  trust  which bore the same name as the   fictional  law enforcement authority .

the Animal welfare institute of New Zealand ( AWINZ )   was an undefined trading name    it was a  falsely portrayed as being  a legal entity  by a lawyer who has now been proved to be corrupt .

He set up a trust with the identical  name   and misled the court and MAF   by switching one for the other  and thereby  pulled off the perfect fraud .

MPI never checked if AWINZ existed  and processed the   application with an unsigned trust deed.  they didn’t even question  why  the subsequent deed that was provided to them 7 years later  differed from the signed copy which i was given for court.

Nor did they question why  The minister had been told on the  25th march 2000 that the  deed had been sent on for registration    when in reality  it had never  been incorporated in any  way .

Also   a simple check of the trust deed  would have revealed the out right lies as   there is no 20 (a)  in the   deed.

MAF at the time were clearly out of their  depth  and had not the faintest idea what a legal entity was  and how  they should deal with an unincorporated trust . They relied on Mr Wells  experience as a barrister and was prone to drafting documents for the ministry 

Mr Wells who  wrote  the  No 1 bill for the  animal welfare act and inserted the provisions of an approved Organisation to fulfil his own business plan in to the  new legislation on which he advised as “independent advisor “to the select committee without apparently  declaring his conflict of interest.

He made a fraudulent application to MaF  claiming that AWINZ existed as a trust  and was in the process of being registered  quite clearly this was a lie  as the trust deed showed  the trust was formed after this date   and   AWINZ was never incorporated  it was at all times an undefined trading name which  was given  legal existence without  actually having any  . What made this  so  important was the fact that this  was  a  Prosecuting authority under statute .  

It would have been impossible for anyone  to  hold AWINZ accountable ,  new trustees were  magically switched in in 2006   to   give it a pseudo appearance of legitimacy . I say magic  as  no real or legitimate process was involved . But MAF was very happy to  cover it all up  .

I  Brought it to the attention  of the council , Maf  and  a multitude of government  departments  and 11 years on I am still being persecuted . Government departments  like the companies office  look for compliance  they don’t prosecute that is  why it is so  open to abuse .

Whistleblowers in New Zealand  are treated very poorly     to blow the whistle means to devastate your life.  it is therefore  essential that we have proper  complaint procedures and   staff who know what they are doing and  don’t ask the alleged  offender for  guidance.

I may have forwarded one or two of her very early Emails for Mr Wells’ awareness/comment/response.

they also state that MAF needed to   provide assurances to the minister that  AWINZ accountability  met  requirements of the act.. how could they possibly have achieved this  when the organisation was a total fiction  ?  This is Wells  OIA request

The significance of the  existence of an entity also goes to the heart of  any agreements .Here Joanne Tuckwell states

the MOU is here 

and it  states “This Memorandum of Understanding between the Animal Welfare Institute of New Zealand
(AWINZ) and the Ministry of Agriculture and Forestry (MAF) ”

definition ” “AWINZ” means the Animal welfare institute of New Zealand.     – this shows that MAF clearly thought that AWINZ was a legal person in its own right  But Neil Wells signs as trustee  and conceals the reality that   the application was not made by any trust (  there was no trust meeting  which  would have allowed him to  sign for the other trustees, the trustees of he 200 deed never met  )   and that AWINZ is not a legal person in its own right .

Now that  Neil Wells has been proved to be deceitful and a person  who is less than honest in his roll as barrister ,  I hope that    this may be used to  test out a robust complaint procedure.  11 years  of  victimisation for whistleblowing is enough  .

Please  implement the   standards adopted by australia and enforce them .

It is unreasonable to treat whistleblowers as unreasonable complainants no one should have to go through what I have been subjected to  .

I look forward to  finding some Fairness  .

 

 

 

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