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How lawyers use the court to conceal corruption

We all know that there is no such thing as magic . Magic in my definition is to do something seemingly impossible

We are told that our justice system is robust and that there is fairness in our courts but what few realise is that the civil jurisdiction has far less constraints on it than the criminal jurisdiction .

Section 27 of the bill of rights “Every person has the right to the observance of the principles of natural justice by any tribunal or other public authority which has the power to make a determination in respect of that person’s rights, obligations, or interests protected or recognised by law.”

But only those charged with offences have “the right to a fair and public hearing by an independent and impartial court” section 25

For many lawyers court action is war, and as you know all is fair in love and war .

I was once a police prosecutor and believed that they system we had was fair , perhaps that was because I was an honest cop and thought the same of my colleagues, but times change standards change and a wider perspective allows you to see the full picture .

when I found myself in the civil jurisdiction on a claim of defamation and passing off , I discovered that lawyers are simply able to make things up

This is the statement of claim ,I was not allowed to defend it and the corrupt Barrister Neil Wells who was behind this public fraud swore it as true

The statement of claim was originally drafted by a law clerk , the charitable dollar was used to prosecute it and it was all signed off by a former crown prosecutor, with a reputable name who had obviously not looked at the allegations and the evidence to support it see details at this link more background

Clues to our legitimacy to hold and have our name is on the front page of the intituling the first plaintiffs

NEIL EDWARD WELLS of Huia, Auckland, Council Officer and
Lecturer, WYN HOADLEY of Castor Bay, Auckland, Barrister and
GRAEME JOHN COUTTS of Avondale, Auckland, Recruitment
Consultant as trustees of the ANIMAL WELFARE INSTITUTE OF
NEW ZEALAND, AN UNINCORPORATED CHARITABLE TRUST

the third defendant

ANIMAL WELFARE INSTITUTE OF NEW ZEALAND, AN
INCORPORATED CHARITABLE TRUST having its registered office at , Epsom, Auckland

Only through incorporation does a group of persons become a body corporate , Wells was aware of this he provided the law society with copies of minutes in 2011 these stated it clearly “Registration as Charitable Trust and tax exempt status with IRD..AWINZ has not been registered under the Charitable Trusts Act to date, this needs to be organised. IRD approvals required.

this contrasts with the application he submitted to the minister in 1999 and the letter which he wrote in march 2000 when he gave the minister the assurance that he could not send a copy of the trust deed as it had been sent off for registration .

There was never a trust deed produced that showed all three people as a trust and evidence was later to be found that the trust deed which they did produce was a total fake , the people named on this trust had never met and had never passed a resolution and the trust by its own terms expired in 2003 and since there was no meeting there was no re appointment of trustees

But why should all this stand in the way of obtaining a incorporated name through court action All done by way deceiving the court and attacking my reputation and character .

All this was achieved without evidence, simply as perjurious statement of claim and bull doze a head as if all the crap is true lawyers don’t fact check those with the money can get anything past the post .

The major flaw in our legal system is that Judges believe lawyers .Like any good magic trick it all begins with distraction by planting ideas in your head until our courts start calling for evidence and for a lawyer to fact check the claims then there will be no justice

The court must not be a tool where by the corrupt can obtain what they want and neither should the court be complicit in this , when there are no safe guards and the court can re write history based on the verbal garbage a lawyer presents then there is something very wrong. Its not about winning at all costs its about upholding the rule of law and to facilitate the administration of justice in New Zealand something that many lawyers over look guess there are no $$$ in that so they help Goliath strip david of his pebbles and slingshot and say justice has been seen to have been done .. or any way lets pretend it has.

Why I am a danger to society….. I must not lift rugs

I am under attack  , yes  right left and center things are happening as if by magic , all these lightening strikes which  occur near me are totally coincidental .. I think  not …. but because I am suspicious of Lightening striking the same spot repeatedly I have been labeled a ” conspiracy theorist ”  and on that basis the Private security  Licencing authority has refused to   renew my Pi  certificate of approval.  Roger Gill  has repeatedly stated

“The applicant appears to hold very strong views on many matters and she is
adamant that there is some form of conspiracy afoot, but in the absence of any
evidence to support this theory it appears to boil down to a long-held obsession which can only harm her ability to carry out her duties as a private investigator in a rational and professional manner.”

It would appear that   One Ron Mc Quilter of Paragon investigations, the  president of the NZIPI  is right behind it all .He is a competitor of mine but I honestly  believe that he works  on the  shady side of the fence with such persons  as Trevor Morley , Mike Campbell and  Gary Swan .It appears to me that  all had  apparent fingers in the pie of making lightening strike on me at some time or another .Their actions have been quite  acceptable apparently  while  on my part  speaking the truth and exposing corruption is not acceptable.

Although Mc Quilter has  expressed his views as to my suitability to the PSPLA he has never made a complaint  and apparently  preferring to communicate through the back door   with the PSPLA  and feeding docuemtns to  him to  get rid of the competition . Ron there are  legal processes.. stick to them!

Since Ron thinks  that he is better than me  I have set him a challenge in my open letter to him  bet he ignores it  I think  its too difficult for him  in my opinion he  only likes simple things like finding dirt on people and making life hell for them . Ron’s police career was never in NZ and from what I have been told was measured in months not years , and in traffic not real crime .

I served as a police officer for 15 years and left when my daughter was born , in those days  the employment relations act was not  law and  I was transferred on to front line duties at 6 1/2 months pregnant as my boss did not think a that a pregnant police woman should attend court ( I was a prosecutor at the time ) I had also lost my promotion to senior sergeant because I refused to jump the 6 ft fences and do the  physical fitness test due to my pregnancy .

I became a PI in 2003  and in 2006   did a very simple  pro Bono job For Lyn Mac Donald the bird lady, which devastated my life  by tearing my family apart .

Lyn asked me to locate the animal welfare institute of New Zealand (AWINZ) , it had statutory powers  under section 120 of the animal welfare act  making it  equivalent to the RNZSPCA  and having the same powers of search seizure and  ability to impose  fines.

Except AWINZ did not exist in any manner or form. Neil Wells the  council manager , was a barrister ( he no longer is  ) he had been heavily involved in the drafting of the animal welfare  act  and had tailored it to  facilitate his own business plan.

When I asked  Waitakere  Council and The MPI ( then MAF )  for the trust deeds of this organisation they had purportedly contracted too, there was   a flurry of activity  , cover ups, withholding information and  denials  and  finally I was taken to court by Wells for  defamation.

Of course he had no show of winning as I had  so much evidence I could sink a battle ship.  so  Next step  we deny her a Defence .  Without a defence of truth and honest opinion  Defamation is not winnable  . Judge gets to make her out to be an axe murderer and this  decision  get waved in her face for ever more  .. even criminals have better rights to justice than I had.

I was surprised that my colleagues in the NZIPI  and those in the certified fraud examiners who I turned to  for help stood by and did nothing, they did not even offer to look at   evidence I had .

I had documents  from ministers which were redacted  and  obtained copies from council which were  un redacted,  what these revealed was gold  e.g “It is not appropriate for you  to approve a proposal which is contrary to law ”  

I failed to get  my complaints dealt with by the SFO  and the police , the police said it was too serious for them the SFO  said it was not serious enough. both groups of people had something in common, they all associated with Mc Quilter .

Suddenly  I was thrown out of the  Certified fraud examiners association .. never thought it was Mc Quilter  but his letter to the PSPLA in December speaks volumes.

An identically named trust  was formed  by Wells  and was switched for the  fictional organisation, Classic Identity fraud.

Here is the evidence

a trust deed was signed 5 December 2006 see here , 

It claims to be the same trust as one  established on 1.3.2000 see here    or see the copy  to MAF here ( why would they be different?) significantly   the trust deed   had never been seen by any one   prior to   late june 2006.

MAFS audit  , a report which was withheld from me at Wells request for some three years and was only released after AWINZ ceased being an approved organisation  identifies  significant trust issues   see here   it  states that the trustees   only met four times , the first being  allegedly  on 4 june 2004.  If you read the trust deed  then you will note that the  term of appointment of trustees is only three years.

There is evidence that the trustees never met  , never held a bank account  and never passed a resolution .. so how did  they  manage to apply for approved status  three months prior to the date of the deed and how  could they have committed to the  the functions  of the  approved organisation and its obligations to  accountability and transparency .

How were they able to be a “trust ” and how could they commence court proceedings when the trustees had changed without any legal  means of appointment or commitment to a trust let alone an  approved organisation which had public law enforcement  functions.

this new group became  a charity and assumed the identity of  the earlier  fictional trusts   How  is this transparent  and legally defensible  ?

The people involved were Wyn Hoadley , Graeme Coutts  JP  , Tom Didovich  and Neil Wells , supported by  brookfields law firm , David Neutze  and  former lawyer Nick Wright  and former wife

No one checked the facts , the dates the applications, a two year old can tell you that   there is no integrity in what they claim but detail apparently does not matter  when you have the right people on board.

A true colleague of mine  told me many years later   that one of the  parties had told him that   they were doing everything they would ” deal to me ”

The connection of these parties, the location the involvement of other  have been sufficient for  me to  believe that  Ron Mc quilter is in this up to his neck . His business partner  at the time was Bryan Mogridge  who was also trustee of  enterprise Waitakere  and  also a trustee of the committee for Auckland.

2008  I was the  secretary of the NZIPI   the  new Zealand institute of professional  Investigators , Trevor Morley was the  President .There were two people in  the institute who he wanted to  get rid of  as members, but hey were unable to remove them for  any breach of ethics. So Morley  decided to change the rules  so that we could effectively  kick these persons out , some three years after the alleged incident .  I felt that  it was unethical  to change the rules to remove some one  and left the society . Today  most  former police officer PI’s  who have integrity  choose not  to belong to the NZIPI . Trevor Morley has been in contact with  Malcolm North   as  shown in this  email 

So by expressing the fact that I did not think that the NZIPI was particularly  ethical I   became  an enemy of the state  yet again . I later caught vice president  Mike Campbell  spreading rumours about me that I was about to be arrested .

Transpired that that Ron was putting together a blackmail  complaint  with regards to me relating to the  Elizabeth Knox home . I  remember speaking to a cop on the phone in 2012    and   it turns out that on the basis of the emails  that Mc Quilter gave her she decided that I should be warned for black mail  except no one told me  .  I have no idea  what those  emails were and if they were even from me or  were doctored. The police woman who  had  elaborate opinions of me  yet had never met me  claimed that she had warned me  by phone , well she never did .  see the article here 

Strange things happened during  2012 , at about the same time as the allegation of blackmail my company went into liquidation, the company which did not serve papers on me and  filed a false affidavit was Translegal services  . fortunately the court reversed the bankruptcy .

There was also a strange coincidence that  Graeme Coutts  had an office on the same floor as the RNZSPCA  and a very short distance from  Translegal owned by another  NZIPI  member  and occupying the same building as the  ex husband of our former accountant Heather Whittle .

Heather Whittle had a few years earlier   told my  husband fairy stories , I knew they were lies  these all led to   my marriage breaking  down in 2008  , the other person telling    almost identical stories was the man across the road, two seemingly  unconnected persons  both   used as tools to break up  the marriage.

I was also warned by Maf for allegedly posing as a Maf officer  when  I had informed them that  a company was using  dodgy  import credentials, these people took me to  court for harassment  and ensured that I was inundated  with Chinese callers  see story here

AND so  things inter twine   and a whole group of PI’s   apparently working together  have  been  aiming at getting me out of the industry.  Yes I am a threat   I expose the  corruption which I believe that some PI’s  are  actively  concealing.

It is    humorous to  think that  the non service of court documents is not enough  to   put a PI ‘s licence at risk.  Lawyers can  have  drugs and be censured and have their names suppressed ,  But for speaking the truth and exposing corruption  I have to   face the music , threatened with loss of income  and have  news articles such as this written about me .

The matter is now in the hands of the privacy commissioner. The press totally defends their   actions   and yes  I happen to think  that if lightening repeatedly strikes then there is a theory  as to why.  some people would think that that is a conspiracy.

It proves that   there is much in NZ which is off the rails  .  I say  it is corruption that is starting to show from under the Rug .

 

 

 

 

New Zealand , how we facilitate sham trusts

This post is prompted by the  Editorial: NZ needs to assure world of trust scrutiny.

It is one which I will forward  along with  other blogs to international agencies who may wish to question  how  one of the worlds least corrupt countries  can make this claim and I wish to reveal how trusts work in New Zealand

In 2006  I questioned the lack of existence of  trust , this trust just happened to be  one of two private law enforcement agencies, this trust  the animal welfare institute of  New Zealand  (AWINZ ) taught me all you need to know about NZ  trusts  and how loosely they operate

AWINZ operated  as an equivalent to the RNZSPCA  and enforced animal welfare law ,  It had  powers of search and  the ability to seize some ones prized pet .

I was asked the simple question , who is AWINZ ? when I discovered that it was nothing  but a sham  and  questioned the existence of a sham trust being a law enforcement authority  I was immediately sued,  denied a defence  and   was told to pay some $100,000  dollars to the  person who wrote the animal welfare bill and  was independent adviser to the select committee  in the process of making his business plan , law .

He then made an application , which in my days  as a police officer would have been considered fraud . ( this is due to the fact that the claim that  AWINZ  was a trust was totally false  the application made 22 November 1999  predated  he formation of any organisation  by that name  the earliest trust deed and one which Mr Wells relies upon was  dated 1.3.2000  and even those persons never met  or passed a resolution )

I have  for years  been beaten up   for blowing this whistle. Below I have a list of links of how I have beaten my head against a brick wall for many years  but for now I will reveal how New Zealand trusts work

  1.  You need a trust deed  .. it doesn’t matter when you sign it  or who signs it  as  long as there is a deed a bit of paper which looks convincing.
  2. you can have various copies of the deed  they can all conflict and no one cares see here  and here 
  3. no one enforces the deed, no one cares if the so called trust  complies with its deed
  4. If you want a new deed  you simply  write a new one and refer to an earlier deed which may or may not have existed  , Ird  does not care  I  rather suspect that most people at IRD are number crunchers and done understand the legalities of dates names and real persons  being involved in a trust .
  5. there is more information on the deed with regards to the  identity of the  witnesses than  with regards to the  the trustees.  you can use generic names  and who could ever identify  the trustees
  6. if a trust does not  meet  or hold any assets  or pass  any resolutions it is still considered a trust  and its identity can be used  to interchange with any other trust ( real or fictional )
  7. the charities commission  are happy to grant charity status to anything  whihc meets their criteria , the fact that  there are no resolutions for the trust and  big gaping holes in   their existence is but a technicality

 

Let me explain in terms of the AWINZ  trust

As stated earlier Neil Wells a barrister at the time  made an application for law enforcement powers for AWINZ  he claimed on 22 November 1999 that a trust had been formed

trust formed

 

 

 

 

 

 

No  executed trust deed existed and these people had not formally met together  or passed  any resolution

Maf and The dog control section of Waitakere council had signed agreements with the representative of AWINZ:- Neil Wells

in 2006  Neither MAF nor Waitakere city council had a trust deed or had seen one : basically no one had checked  the existence of AWINZ

when I proved that AWINZ did not exist  ( charitable trusts need to be registered ) a trust deed materialized dated 1.3.2000  whihc brings about the question how can  you make an application before a trust is  formed. ?

I was to get evidence that these people had never met   never held any assets , never passed a resolution.

By the terms of the deed the trust ceased to exist  three years after it was formed, continuance depended on reappointment of trustees and since they never met no one was  reappointed.

reappointment

 

 

 

 

Wells sought charitable status in 2006  when new legislation came in. IRD rejected the trust deed   so he simply wrote a new one  and they claimed to be a continuation of the bogus 2000 trust 2006 deed

 

 

 

this was totally acceptable to the lawyers charity commission and  MAF ( and later the government )

AWINZ was finally removed as  approved Organisation in 2010  .  the fictional  law enforcemnt organisation  operated  for  10 years  re branding council property  and using the  Council staff under Neil Wells control  as AWINZ officers  .

Neil wells still consults for government and makes submissions  strange  that he does not refer to the 10 years where he was the only person involved with AWINZ

this is how what I considered to be a fraud  worked

 

I have brought it to the attention of the prime minister , Transparency International NZ , Auckland Council  and again here , here , here, again here ,    here, here , here ,Auckland Mayor, the CEO of council , council lawyers and again here  and here  , here, here.

I have written to the lawyers involved and again here  and here, here, here , the law society by way of  regarding the lawyers  , the charities commission  and again here   and here

Maf and  now the ministry of primary Industries  repeatedly fobbed me off and actively concealed the fraud, after all they never checked to see if the trust existed before supporting the application for law enforcement status , I was later to find that the current lawyer for Maf was involved int he process earlier on when he was  working for crown law  so I guess his own work came under scrutiny therefore    concealment of the fraud was an act of self defence  complaints to Maf Here  , here, here , here, here,here, here, here and here

The people posing as trustees  here, and here,here, here

attorney general  here

I had questions asked in parliament  Here  wrote to ministers  here  and here 

notable blogs of the past   touching on the  corruption which  exist in New Zealand

NZ one of world’s least corrupt countries- its done with bogus trusts

Disparity in crime.. who you know matters

Approved and acceptable standards for document service in New Zealand

Questioning corruption in New Zealand.

Corruption in New Zealand – lack of support for whistleblowers

The perfect fraud – Public money for private gain

Liquidation as a tool of oppression

shooting the messenger

Why I am calling for an independent commission against corruption

Conclusion  :  Fraudulent trusts are condoned in New Zealand , I was silenced because I was exposing how slack our trust  administration was .

more to come   Court is used to   silence exposure of abuse of overseas trusts