Transparency New Zealand

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.

While we are in lock down and Easter is upon us it is time to reflect on the meaning of Easter .

I for one am moving my summer clothes and replacing them with my winter wardrobe, but our friends in the northern hemisphere are doing the opposite and that is where the true meaning of easter can be found .

Easter is marked by the Friday after first full moon after the winter equinox , the equinox was on the 22 March so easter can fall any time between that date and the full moon .

This year the full moon was on the 7th april making Friday the 10th Good Friday and Sunday 12th Easter Sunday .

So why is Christmas , the birth of Jesus, a fixed date and his resurrection a movable feast . Well it is because it actually has nothing to do with Jesus at all and it is in fact part of the marketing package that sold Christianity to the pagans .

There are fabulous articles for those who do not have minds which are limited by their beliefs and a good starting point is this , and this . The story behind easter eggs is here .

Last year I was in the Norway and visited the first christian church built in 900 ad , I discovered that Christianity was a tool which was used by men in power to keep their power and control over the people . Kings ruled because they had the support of the vatican hence every one in those early years were catholic and were called up on to have large families as this in time would mean more troops or cannon fodder to keep the kings in power.

While the term ” image of god” would have us believe that man was created in the image of god, the reality is that god was created in the image of man and that was to put all the other preexisting gods out of business. But some survived thursday is still Thors day , friday Freyas and wednesday Odin ( wodin).

and so it was that eventually our legal system, originating from roman law is totally founded on christianity.

While our ancestors were deprived of education we have more information at our fingertips than ever before and we do not have to believe what we are told and our sunday sermon in church is not our only source of education.

Except for some cults and cultures, we are no longer being killed or thrown out for having our own beliefs or opinions . and very much whatever you believe in is true .

o that end I simply love this clip George Carlin – Swearing on the bible – YouTube so True and it totally reflects on the fact that swearing on a bible doesn’t mean that the evidence is true but in New Zealand it is almost impossible to have some one prosecuted for perjury .

Our justice system relies on lawyers ” not knowingly deceiving the court ” you may find this address by her honour justice Winkelmann interesting

she states ” There is also another aspect to the adversarial model which depends upon legal representation. It is the reliance that judges place upon counsel to never knowingly mislead the court in matters of fact or law. This duty of counsel enables the system to function efficiently and maintains its integrity. It frees the Judge from having to conduct his or her own inquiries to independently check the veracity of what they are told by counsel. For counsel this duty flows from the fact that counsel are officers of the court. It is also a manifestation of the obligation on all lawyers to uphold the rule of law, an obligation now given statutory recognition in the Lawyers and Conveyancers Act 2006. 23 “

The biggest problem we have in New Zealand is that lawyers are not held accountable to the lawyers and conveyancers act least of all the “truth” which they encourage the court to believe.

If lawyers can stand before the court and be believed while hard evidence is ignored , then we have an unsound legal system

If lawyers were engineers and had to front up to mother nature instead of judges they would find that their ” constructions would collapse. as Mother nature only accepts integrity and anything without integrity is put to the test in a very physical and real way .

Getting back to the bible The Wise and Foolish Builders Matthew 7:24-27 New International Version (NIV) ²⁴ “Therefore everyone who hears these words of mine and puts them into practice is like a wise man who built his house on the rock. ²⁵ The rain came down, the streams rose, and the winds blew and beat against that house; yet it did not fall, because it had its foundation on the rock. ²⁶ But everyone who hears these words of mine and does not put them into practice is like a foolish man who built his house on sand.“

Is our legal system built on solid foundation or is it built on the sand ?

I am very much impressed with the accountability that we all have to stopping Covid and hope that the same will be implemented in our legal system to stop corruption which I believe is perpetrated by lawyers who lack integrity and will do anything to win .

Update an associated article worthy of a read https://www.kiwisfirst.com/new-zealands-plan-to-eliminate-covid-19-prompts-habeas-corpus-challenge/

Christmas is always an interesting time of the year, it is the time that everyone goes off on their holidays and those who are wishing to do something less than transparent makes their move .

Traditionally the SPCAs throughout New Zealand were run by volunteers, they were incorporated societies consisting of locals who were concerned about the needs of animals in their region . These societies were united through the membership to the RNZSPCA which was the only organisation to have law enforcement powers , The reality is that the RNZSPCA is the only private law enforcement organisation .. do it corruptly it is a licence to print money

In recent years local SPCA’S were taken over and closed down, many great volunteers got a kick in the teeth and were left at the road side. The ambitions of those who had taken over the helm, was to corporatised this voluntary organisation , the wolves had taken over the hen house .

From an organisation which had millions tucked away in trusts and pleading poverty we now have a corporate structure which supports executives Ceos, in house lawyers, animal welfare inspectors and their supervisors and full time vets .

You do not set up such an organisation if there is no prospect of $$$$ , the voluntary system is not what these people are after they are promoting the inspectorate and the system they have for prosecution is pretty much fool proof .. like lambs to the slaughter.

A while ago I mentioned the SPCA aotearoa LTD which was set up by Gordon Trainer the former Ernst and Young partner and now Chair of the RNZSPCA . It appears that Andrea Midgen and Tony Lemmens became the directors of this company which is now owned by the RNZSPCA and filed its new constitution just a few short weeks ago , there is no longer a desire to prevent cruelty the desire is to give animals a better life .

The SPCA now employs its own vets and has its own legal team but things are not as transparent as one would want and there appears to be a massive conflict of interest

Action under the animal welfare act is commenced on the opinion of an inspector, who can seize and animal or animals . The animal is seen by a vet at some stage and later charges are laid and the person who being charged is prosecuted by one of a team of lawyers who volunteer their services to the spca .

The prosecution is passed on to the crown as a crown prosecution and the penalties are very serious . The odds of winning a animal welfare prosecution are very low part of the reason is that the evidence is trumped up and stacked against you and a private law enforcement authority has no interest in justice only in $$$. it is for this reason that the Ontario SPCA lost its powers ( see earlier posts )

lets look at some of the players

Brett Lahman was a board member of SAFE save animals from exploitation , he was also a Wellington SPCA animal welfare inspector  and is now the in house lawyer for the RNZSPCA

Jess BEER according to her linked in profile has been a vet for the SPCA since 2016 her web site https://www.kiwivetbehaviour.net/ “I am affiliated with …………. Save Animals from Exploitation (SAFE)”( post has since been removed but here is a capture

The New Zealand Animal Law Association Incorporated.. The New Zealand Animal Law Association is a coalition of lawyers, law students and law graduates working to improve the welfare and lives of animals through the legal system. Arnja Dale of the RNZSPCA is the honorary patron .

Saar Cohen-Ronen is the current president he is also a board member of SAFE and just to take it to a further degree of conflict this was his role until recently . https://www.adls.org.nz/cpd/cpd-events/2412/in-house-counsel-who-is-your-new-client-on-demand

Although he is no longer in this position he is currently still employed by the government and members of the The New Zealand Animal Law Association Incorporated are currently crown prosecutors e.g Natalie Walker

Natalie Walker is the daughter in Law of former chief justice Sian Elias and Hugh Fletcher . the Fletcher in the law firm , for which she holds the crown warrant , is her husband, their son Ned is another partner of the law firm for which Natalie now holds the crown warrant . http://www.kfw.co.nz/our-people

Natalie was one of the lawyers to go on Anita Killeen’s pro-bono panel of prosecutors “14 of NZ’s finest litigators join the fight against animal cruelty”

What we find so intriguing about this is that the lawyer takes on the work Pro bono and then being a crown prosecutor there is an illusion to the court that the prosecution is being taken by the crown. where as it is simply a pro bono exercise and the prosecution may or may not have gone through the proper channels for prosecution .

Another member of the The New Zealand Animal Law Association Incorporated is Justine Dearsley who is now auckland council in house lawyer but was according to her linked in profile Principal Advisor at Ministry of Justice – New Zealand since 2016 these are her submissions to the animal welfare bill

Gretel Fairbrother another lawyer states on her web site” Gretel has also been involved with the SPCA, SAFE, Animal Rights Legal Advocacy Network, The New Zealand Animal Law Association and Oil Free Wellington“. others are not so open about it

There is a very clear connection between the animal law association members, safe and SPCA is a tight one and any one requiring to defend themselves against malicious SPCA charges is up against a legal system which makes the assumption that the SPCA acts lawfully and legally

We are not alone suggested further reading https://www.theaustralian.com.au/commentary/activists-hijack-worthy-groups-like-the-ama-rspca/news-story/aa1e71c8807393ba757a11cf98fae767

There appears to be a lot of fuss about a comparatively minor matter of the pay out for a sexual abuse while a large and very serious matter has been totally ignored by both parties for some 13 years .

Jacinda is aware of this matter as I spoke in her presence and that of
Julie Anne Genter at a pre election function two elections ago.

I have written to the government copious times and have been fobbed off , I can only come to the conclusion that you are totally ignoring this matter so as to condone corruption .

In the early 1990s Neil Wells, a barrister who has now been proved to be corrupt , volunteered his services to a Labour Minister to write the animal welfare bill , his volunteering transpired to be to facilitate his own business plan .

He never declared his gross conflict of interest and became ” independent advisor to the select committee” and made an application for a fictional organisation to receive coercive Law enforcement powers under the new legislation which resulted from the process in which this corrupt barrister was an integral part of .

It has been 13 years since I raised the concern and although AWINZ ceased being a law enforcement a law enforcement authority in 2010 , I have suffered on going repercussions which are massive compared to one unwanted sexual encounter .

The simple evidence which proves my veracity is in the fact that we successfully incorporated the name Animal welfare institute of New Zealand there by proving that no other organisation by that name legally existed .

Had MAF checked the existence of AWINZ in 1999 they would not have accepted the application or Wells Word for anything, not only did he make a false application he continually lied about it then used the court to conceal his criminal behaviour.

In January this year a decision came out of the Ontario Supreme court this decision resulted in the Ontario SPCA giving up its law enforcement powers It was held by the court that a private law enforcement authority did not and could not have proper accountability to the public

If this is the case for a legally incorporated organisation then how could a fiction organisation have any possible accountability when there is no evidence of it existing and as it transpired there was never any one else involved in running it other than Mr Wells .

The significance of private law enforcement becomes significant through Well”s own words in the submission to the the select committee in 2013 he states

I have linked my affidavit which sets out the background in full starting at point 14

Why has this issue not been important , why has it been condoned and fobbed off ?

When you have finished with the side show on minor matters could you please take some time to have this investigated as there are massive implications as the the lawfulness, transparency and lack of accountability of the remaining Private law enforcement authority the RNZSPCA , especially in view of the Ontario decision .

There is great significant that Ontario had the same powers as our RNZSPCA , There is a very close connection with Ontario through the chairman & CEO of the canadian humane society who lives in Ontario and which the Ontario SPCA was part of . The ontario SPCA had these powers from 1990 and it appears that this was inspiration for Wells to create the legislation which we now have .

Please see hyperlinks for the full evidence

Today I received the attached court decision from the Superior court of Justice  Ontario    Decision-19-01-02 Ontario

It was reported in the Ontario press https://www.ctvnews.ca/canada/ontario-judge-strikes-down-enforcement-powers-of-ospca-as-unconstitutional-1.4239169.

I see this  decision as impacting  on the Approved organisations  which  currently enforce the animal welfare law in New Zealand, the ontarion SPC has a lot in common with the  RNZSPCA  and  their legislation  is  pretty similar to ours ONTARIO SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS

By way of back ground

I am a former police prosecutor and became a mother then a private investigator . In my role as Mother  I stumbled across  a fictional “Approved organisation”  being the animal welfare institute of New Zealand ( AWINZ ) .

MPI’s own  documents record that  this “ organisation “ was never incorporated under any legislation, this actually means that the application for approved status was fraudulent , it was compounded with  false and misleading statements to the minister . I discovered he fraud and on blowing the whistle was immediately crucified , 12 years later I am still suffering the fall out,  this time at the hands of a Financial markets authority Lawyer  *.see foot note

What makes the impact of this even more significant is the fact that  the only person to  operate this “ approved organisation “ was none other than Neil Edward Wells the barrister who had written the No bill for the legislation  and  then become  “ independent advisor” to the select committee when the bills became Law . see his cv here

His purpose for writing the  bill was   his own business plan see the a copy of which you have on your files here   and  a copy which I have forwarded to your staff many times here   , it has to be noted that these  were dated 1996   an predate his  drafting of the legislation  He inserted the approved organisations into the bill to facilitate his business plan .

IN 2006  I raised Questions  with regards to  AWINZ   and found that this was totally covered up by  MPI  officials  who were  on friendly terms with  Wells. The  current MPI  chief   legal officer Peter  McCarthy was the  crown law solicitor  who  gave advice  in the approval stages  and failed to pick up the  lack of any  legal existence of AWINZ see  document here ,  His own conflict  has  in my opinion  jeopardised any investigation into the  public fraud which existed for  some 10 years.

I raised question with regards to accountability  as in my mind a fictional organisation cannot have accountability .

Relevance of the Ontario  decision

 The Ontario decision impacts on  the only two   Approved organisation  which have existed   in   different ways

1. AWINZ    .. was MPI  negligent in allowing AWINZ   to continue as an approved organisation   until 2010 despite a whistle blower.. (me) correctly  identifying that the organisation had no legal existence ,this  point  was  recognised by MPI  in 2007 see here    . MPI  met with people claiming to be  the AWINZ trust but these people informally came together in   may 2006 a  month after we had proved that AWINZ the approved organisation was a fiction .  the gazette notices with regards to  AWINZ are here
2. RNZSPCA   I see that the case with the RNZSPCA  reflects the same issues as the  judge identified with the Ontario SPCA.  Ours  however is compounded by the fact that  the RNZSPCA  has never been given approved status  but was given approved status under  Transitional provisions. Mr Wells was a former  director of the  RNZSPCA  , his law degree had been paid for  by the RNZSPCA   and  he  continued to have associations with the RNZSPCA  after   AWINZ lost its approved status.

Wells was proved to be a   corrupt barrister  the organisation he misappropriated funds for the RNZSPCA.

When the RNZSPCA  was given  provisional approval  in the legislation  it had a constitution  1995 constitution which was  very different to its current constitution 2017 constitution . There is also reference to branches, but  there is  a move to  remove branches and the entire structure and integrity of the RNZSPCA has changed  with the  Auckland SPCA ( a member society ) effectively taking over the RNZSPCA

The  Ontario decision   in particular paragraph 84  to 91 impacts on the AWINZ matter  specifically  i the fact that the application  for   approved status for AWINZ   was fraudulent in that it  claimed to be an organisation when  the  only person applying for approved status  an  involved in running the approved organisation under the fictional name  AWINZ was the author of the legislation

There was no transparency then  and those involved in the  cover up     being  Wyn Hoadley, Graeme Coutts  ,  Tom Didovich , the FMA lawyer and MPI staff  whose actions    sought to conceal the fact that AWINZ , the approved organisation ,had no legal existence as determined  by  the ministry of economic development  see here  . have  continued to be fine upstanding persons  while I hve had to endure 12 years of  orchestrated attacks on my reputation    so as to discredit me and the facts of the substantive issue   ignored.

Itis time that  MPI  takes steps to  ensure  transparency , integrity to protect itself  from  fraud and  demonstrates that such  falsehoods will not be condoned,  this is particularly serious as it involved law enforcement   through fraud

With regards to the RNZSPCA   in light of the Ontario decision mPI must  review the search and seizure powers Section 21 Bill of rights  and section s 127 -130 Animal welfare act  as discussed in paragraph 12 of the Ontario decision  paragraph 31  to 61

In particular  it needs to be considered that Paragraph 24 of the decision  refers to distress,  the definition in the   Ontario act is distress” means the state of being in need of proper care, water, food or shelter or being injured, sick or in pain or suffering or being abused or subject to undue or unnecessary hardship, privation or neglect; (“détresse”)24 ,

 Our  legislation does not define  distress which means it takes on dictionary meaning and  can  include “ discomfort , despair, worry  anxiety’ My cat suffers from this  frequently when she doesn’t get a hit of “treats”   and with  the RNZSPCA constitution change incorporating  the requirement to “create a better life for animals “  I am  in danger of causing distress to my cat .. she certainly puts up a convincing show

• this means that inspectors subjective  opinion could determine that  I am causing my cat  distress  when she does not get her fix of her favourite treat on time

To quote but amend the wording from the  Ontario decision

“By granting police and other investigative powers {including search and seizure powers under the animal welfare act  )to a private organization? In the alternative, if it can be constitutional to grant such powers to a private organization does the animal welfare  Act never the less breach sections 21   25   and 27  of the bill of rights by granting these powers to the RNZSPCA, specifically, without any or adequate, legislatively mandated restraints, oversight, accountability and/or transparency?”

Ontario decision . Just like the  Canadian legislation our animal welfare act carries  imprisonment  penalties (section25  37 AWA) and therefore  are “ criminal in nature “  people  who are charged with animal welfare offences  are liable to lose their employment  such as in the case of nurses  and  teachers.

Many of the offences are strict liability  and the   “unreasonableness” in compliance or noncompliance is  only evaluated  subjectively “ in the opinion” of the  Inspector of the private  enforcement organisation which  co incidentally  appears to have changed its constitution to   target  enforcement as a means of income and is  involved in significant   recruitment and training of new inspectors   see here

Like the Canadian provisions  many of our criminal acts require  intent ,  however intent is not an ingredient in the animal welfare  act  and a person acting in accordance with their  traditional  standards  could well become guilty under the act. If suffering is in” the opinion” of any party  it is the opinion of the  RNZSPCA that counts. The RNZSPCA  is targeting fines as a source of income

It is of specific note that  you are automatically guilty  of an offence under the animal welfare act unless you file a defence  under  restricted terms , within 7 days . section 13 animal welfare act.

It is also of note that the legislation was  written and advised on by a Barrister who   was closely associated with the RNZSPCA  under its old constitution  and one who was  intent on using this  very legislation to derive an income for himself.

The discussion  Paragraph 62 onward   in the Ontario decision is  very relevant

we require an urgent  review of the RNZSPCA and the  animal welfare Acts’ compliance with the  bill of rights  and Official information  act

1. • section 21 BORA   given that all it requires for an  search and seizure is the opinion of an inspector  who  is  employed by a charity whose  purpose is to “taking action against those who fail to comply with their legal obligations relating to the physical, health, and behavioural needs of Animals.’

• • Section 25 C Bora  “the right to be presumed innocent until proved guilty according to law:”   and section13 Animal welfare act  , there was a case where a nurse had  horse which contracted  a  disease distributed by pukeko’s, her horse rapidly deteriorated and  died.   The laboratory tests  were not back within 7 days  and her defence  failed because the SPCA proved that her horse died in her care .

• • Section 27  does the ability of the RNZSPCA  to enter and search without warrant impact on  the right to justice

• • Unlike the police  or government body  prosecution  the RNZSPCA is not subject to the  official information act  and therefore lacks transparency

It is further of note that the  RNZSPCA   trades as the SPCA  , the  staff and directors of the former  Auckland SPCA which was a separate legal entity appear to have taken over the  RNZSPCA which was the only body to have  approved status.  Their  new  constitution allows for other names , this    brings about confusion and  opens the ability of any one to pass themselves off as an approved organisation  and  gives scope for another  fraudulent  law enforcement organisation  such as AWINZ.

I  sincerely hope that  the Ontario decision provides clarity and direction for our own animal welfare legislation