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Open letter to David McNeill Director Transparency International New Zealand
I am delighted to see your latest news release in my in box Download Media Release Document
I have been a persecuted whistleblower for the past 11 years . I was heartened by the presentation given by the Transparency international president and I certainly hope that Transparency International New Zealand accepts the importance of whistleblowers .
I was not an employee of the organisation I blew the whistle on but in My line of work as a Private Investigator I discovered that our government had given coercive law enforcement powers to a fictional organisation . I thought it would be simple to bring it to their attention and was not prepared for the onslaught that followed .
For the past 11 years , my family and myself have paid a very high price , I even tried to join transparency International but was rejected by your organisation because ” As noted in previous applications, the TINZ Objectives, Guiding Principles and Rules of TINZ are not compatible with your actions and objectives. We do not undertake investigations on single cases of corruption or expose individual cases”
In desperation I setup my own organisation which now has a massive following I called it transparency New Zealand LTD
The matter which I blew the whistle on was not rocket science. Its basic fraud using a fictional identity
While the country is jumping up and down about an address in Mt Eden used for election purposes and some extra flat mates we are rather ignoring this massive public fraud , how can we make fish of one and fowl of the other.
The origins are with labour and it continued under national . Kennedy Graham once met me and we talked about y issue at length .. he did nothing yet he is miffed with the relatively minor indiscretions of his leader .
The fact that this Fraud has gone on for so long without any one looking at it shows that the fraud situation in NZ is far worse than any one can imagine. This case proves how in reality those in power condone fraud .
I hope that transparency International looks at the issues that whistleblowers face , We don’t expect you to do anything more for us than to look at our cases and see how they impact on the reality of the integrity of the public service.
A public service that ignores and thereby conceals corruption has no integrity
Neil Edward Wells had close ties to MAF ( now MPI ) he met with them regularly and as a member of one of the advisory boards saw an opportunity to write the legislation to update the Animals Protection Act 1960
In writing the bill he saw an opportunity Not only did he write the bill to update legislation he also used it to facilitate his own business plan see here the document drawn up in 1996 clearly shows his intention to make money from this.
He goes on to write the no 1 bill for the new legislation without declaring his conflict of interest.
A second bill is introduced by National .
Both bills go before the select committee and again without declaring his conflict of interest Neil Wells becomes ” independent” adviser to the select committee .
Simultaneously he was paving the way for his business to line up with the legislation which was being passed . Use of confidential information for private use
He set up courses at UNITEC for training the inspectors for the new legislative requirements, a role he was to take on personally for $$$ .
He spoke of an organisation which would have the same powers as the RNZSPCA and he called this AWINZ ( Animal Welfare institute of New Zealand ) .This organisation existed only in his mind.
When the act passed into law he made a fraudulent application in the name of the animal welfare institute of New Zealand see the application here
AWINZ did not exist in any manner or form, there were no trustees , there was no trust deed yet he called himself a trustee and made out through the application that AWINZ existed.
In 2006 I did a Pro bono job for an employee at Waitakere city council , Lyn Macdonald ( the bird lady ) questioned why the buildings and vehicles had been rebranded see here and why she had to ” volunteer” her council paid time to AWINZ and prioritise animal welfare over her council duty;-dog control
Neither MAF nor Waitakere city council had a copy of the alleged trust deed and it was only then that Neil Wells produced one and I suspect that the ink was still drying . He gave me a copy see here and sent a different copy to Maf see here . Note that both are different to the one attached to the application. To me this proves that the man had absolutely no hesitation in forging documents .
I have truckloads of documents and have taken this matter to the Ombudsman, ministers court and have found that I have been under attack because of it.
I have simplified the whole matter and ordinary people get it they understand but those in MPI and in so called positions of accountability don’t look at the facts they look at the reputation of the persons, some I fear are acting in self interest as some where at a previous time they had a finger in the pie and covering up also saves their own necks .
I have been at the receiving end of an 11 years smear campaign while Neil Wells promoted himself as being holier than though . That was until he was proved to be corrupt but he then had the advantage of having his name suppressed.
The fraud in a nutshell
Over the years I have learned to simplify it , I also have more documents available now than I had in the early years but ordinary people get it so why do the ombudsmen lawyers etc not understand that
- The application is fraudulent and resulted in a fictional organisation getting law enforcement powers.
- The applicant AWINZ did not exist … no trust deed had been signed , no persons had ever met to approve this trust deed or had agreed to be trustees to this deed
- The persons who were allegedly trustees had never met never passed a resolution never consented to being a law enforcement authority , never took part in the operations or decision making or application for “ awinz “ to become an approved organisation .
- Neil Wells concocted a trust in 2006 and backdated the trust deeds and signed them claiming that they had gone missing. But the date was out by three months so how could a trust which allegedly formed 1.3.2000 make an application 22.11.1999. as can be seen the deeds are different
- Then he supplied a copy of the deed to Maf except he had to change the details of the deed again and another deed was concocted and sent to them.
With regards to the Waitakere city council
- He made an application for the position of dog and stock control manager see here and effectively contracted to himself for the services of AWINZ See the document MOU Waitakere where Wells signs this On behalf of the fictional Animal welfare institute of New Zealand with Tom Didovich the person whose job he was to take over .
Note: that there is no mention of the conflict of interest in the application for the job , he treats AWINZ as though it is a legal person separate from himself when in reality he is the only person associated with AWINZ and this is in reality a trading name for himself.
- He rebrands the building the Waitakere city council dog control building to appear to be his fictional organisation
- there is of course much more but his will do this relates to the public and public wrong doing
this could have been easily dealt with .
In the first place MAF did not check they assumed and gave law enforcement powers to a fictional organisation .
secondly like the Joanne Harrison matter Maf relied on Neil wells to provide them with information and directions to ward me off .. I have the emails to prove it
Our internal systems for dealing with this type of offence do not exist and every one was quite happy to stand by while I was beaten up from all angles.
No one knew how to investigate the simple questions which should have been asked are
- Did AWINZ exist when it made the application … NO
- What structure was AWINZ.. it was a nothing it was an unsigned deed at best a trading name for person or persons unknown
- Who were the trustees .. there were none there was no trust therefore no trustees.
- But we now have a trust deed dates 1.3.200 .. but that is three months after the application how can a trust make an application before it is formed
- When did that deed first come to light.. 2006
- Were any of the alleged trustees apart from wells involved in the running of the approved organisation.. no
- Did Maf have consent from any one else acting on behalf of AWINZ apart from Neil Wells.. no
- Should MAF have ensured that AWINZ existed legally ..
yes there was a Statutory need for accountability how can there be accountability if the organisation does not exist
122Criteria
(1)The Minister must, before declaring an organisation to be an approved organisation for the purposes of this Act, be satisfied, by the production to the Minister of suitable evidence, that—
(a)one of the purposes or roles of the organisation concerns the welfare of animals or a particular species of animal; and
(b)the accountability arrangements, financial arrangements, and management of the organisation are such that, having regard to the interests of the public, the organisation is suitable to be declared to be an approved organisation;
- How could they do this .. they had no idea about identities even the lawyers did not check .. they took Wells word as a barrister for it
- was the trust deed attached to the application in 1999 and the one provided to Maf in 2006 the same.. no therefore consideration of the unsigned deed by Maf was irrelevant.
- Why did Maf not insist on a deed ..Because Neil Wells misled them and they did not check
- Why were the other alleged trustees not involved ..MAF should have contacted these persons and ensured that they were actively involved
- Why were legal names avoided ? If legal names had been used we would all have known who we were dealing with
With respect to Waitakere city council
- Did tom Didovich have the ability to allow a third party to use his staff for animal welfare purposes … no
- Didovich signed a MOU should this have been brought to the councils attention..Yes
- Wells applied for Didovich’s Job should he have declared the Mou which he had signed .. yes
- Did Neil Wells work in a situation of gross conflict of interest .. YES!!!!!!
- Wells rebranded the building was the logo animal welfare on the building confusingly similar to the logo of the fictional trust ? definitely
Fraud and corruption Is New Zealand up the creek without a paddle?
When it comes to back ground screening I tell people that the corrupt usually don’t do things by half measures. what is the point of inflating your Cv just a bit when you can be dynamic and give yourself a degree which will take you to the top .
And so it is with perception ratings. If we acknowledge that there is fraud and corruption then the perception of being fraud and corruption free is destroyed .
“Our public-sector agencies have focused successfully on developing processes that prevent corruption and these contribute to New Zealand’s stand-out reputation for a trusted public sector” says Transparency International New Zealand (TINZ) Chair, Suzanne Snively. “New Zealand trades on its low corruption reputation and we are increasingly finding how to transfer these behaviours from our public to our private sector to leverage off this enviable reputation for integrity.”
It is ironic however that Transparency International New Zealand prepares the integrity report with funding from theses very sectors .partners / sponsors
The reality was seen this week when the police acknowledged that
White collar crime ‘rampant’ as nearly 900 fraud complaints go uninvestigated
It appears that the investigation into Joanne Harrison has lifted the lid on corruption in New Zealand. within a few days we got interesting head lines
Fuji Xerox NZ voluntarily suspends competing for government contracts
FujiXerox NZ corruption scandal grows in spite of New Zealand’s silence
Binnie: Bain case tarnished NZ’s reputation
Immigration NZ staff investigated for corruption and fraud after visas issued to family, friends
New Zealand: thousands of bottles of allegedly fraudulent wine exported
Patrick Gower: Metiria Turei’s political fraud is ripping off the New Zealand public
The hypocrisy of NZ’s approach to fraud
“A number of victims of these frauds suffer significant loss. Some of these people would have lost a significant portion of their retirement savings, a lot of these files aren’t minor files.”
And there is another side to it too Victims and whistleblowers are attacked in an effort to ensure that the fraud goes undetected. In my experience it appears that the fraudsters get far more support from the police than the person discovering/ reporting/ victim the crime does. I often wonder how lack of action on fraud impacts on our overly high suicide ratings.
These are true stories I know they are true because they happened to me , I know suicide is a factor because there were times when it appealed to me thanks to neil Wells Wyn Hoadley , graeme Coutts and tom Didovich
I am ex police and found myself working as a private investigator right in the line of fire
Lulled into the false sense of security that NZ has no tolerance for corruption I raised the fraudulent application of AWINZ to be a law enforcement authority with MPI and Waitakere city council . Neil Edward Wells a barrister who is now known to have been corrupt , had written legislation for his own business plan made an application for law enforcement powers for a fictional organisation he then had the council buildings re branded with the name of his fictional organisation and worked in a situation of severe conflict of interest using council resources infrastructure and staff to operate his own business.
11 years later and this still has not been independently investigated by the authorities and in a move akin to Joanne Harrison neil edward Wells was able influence the staff at MPI so that the matter was not investigated. he took me to court for defamation for claiming that the trust was a sham , I was denied a defence of truth and honest opinion , my family was torn apart and now 11 years later I have been taken to court by the police for speculating that Neil Wells was the lawyer in a law society news publication .
Not long after I had raised this issue I assisted a lawyer in locating the director and Liquidator of Fresh prepared Limited
The liquidator and director were both fictional , they had been created by a Hawaiian business man named Terry Hay . I found my self being harassed by him when he posted three advertisements in the mandarin time to ensure that half the chinese population descended up on our house hold to buy a super cheap car, get a great accommodation deal, get a fabulous job .
Simultaneously I had reported fresh prepared to MAF at the time as it was a border control facility and they had now claimed to be a different company . I found myself under investigation by Maf and warned for passing myself off as a Maf officer. I was to learn that this was handy work of Neil Wells.
Hay was charged by the National enforcement unit and took of to Honolulu he remained there for several years and the 22 charges were dropped
Next up was fraudster Jonathon Mann and his partner Dr Gerald Waters , Jonathon Mann seeks to silence victims
His victims had to set up a blog site to deal with him,but it appears that fraudsters don’t like having potential victims warned
I came under attack by Gerald Waters but eventually he was charged with companies act offences
Then I was approached by a couple , the husband had had a former brief relationship with a Parisa Hamedi . Hamedi had gone to Steven ZINDEL and engaged him on legal aid , after a dozen or so bonks Hamedi thought she was entitled to the mans house . I conducted the investigation and found that she maintained her housing corp home in Nelson where she and her children lived with her former husband.
I committed a terrible crime by suggesting to ZINDEL that he should do some home work on the de facto status as my investigations had proved that they were a long way off the threshold. He came back and suggested that if $50,000 compensation was paid then it would all go away . This wonderful hard working couple spent some 6 years fighting this through court and in the end the verdict was.. wait for it.. there was no de facto relationship . Yet Zindel took me to the Private security licencing authority because i told him to check his facts as he may otherwise be using his office for fraud.
Then there is the on going saga of Muse on allen, where a young immigrant invested money in a restaurant o see it all taken away by Samuel North who then claimed to be the youngest chef to own his own restaurant. this has gone through courts for many years and simply proves that the civil jurisdiction cannot cope with fraud , on top of being ripped off the victim then gets a hiding to nowhere and loses even more funds.
Lawyer David Abricossow was acting for the company and when I told him that he had an obligation to the rule of law and could not use his practice to facilitate fraud he took me to court for harassment and made false claims that I had defamed him, I was beautifully set up and lost my Pi licence because this lawyer was at the start of his career and needed protection .
From what I can see is the Fraud is left un addressed as it is a fabulous meal ticket for lawyers. Brookfields Lawyers certainly clipped the ticket on the AWINZ matter .
If you are defrauded or if you discover fraud the best thing you can do is close your eyes and walk away. make that RUN the courts appear to support fraudsters evidence has no place the ones with the biggest lawyers win and when you have been scalped and the other side has the money you don’t have much of a chance at all .
You have no rights there is no justice and in the civil jurisdiction there is actually not right to a fair trial .
But it all helps in the concealment of fraud , if we do not acknowledge that fraud exists then there is no fraud.
You cant find something that you are not looking for .. see no fraud problem in New Zealand.
Trading in the grey BS names , trading names and fraud condoned
In 2006 I unwittingly became a whistleblower on serious corruption . I discovered that the Animal welfare institute of New Zealand (AWINZ) did not exist in any manner or form . Neil Wells a barrister who is now known to be corrupt wrote the legislation for the animal welfare act to facilitate his own business plan, He made a totally fraudulent application claiming that the application was being made by a trust.
for 11 years the Government ( both National and Labour ) have failed to address she issue of fake identities in trusts . I have long claimed that identity fraud in companies and trusts is the greatest corruption we face in NZ today.
So while all eyes are on Metiria for minor sins in the past the large ones are still going on , this week we learned that life line lost the contract for suicide prevention and that it has gone to Le Va where Bills wife Mary happens to be one of the so called board members of this fictional organisation
Bill English’s wife and her association with the 1,000,000 grant. I’m not saying that there is anything up with what she has done but the “trusts ” she is involved with certainly appears odd.
Le va is a creature of fiction the terms and conditions page states
“These terms apply to the website and social media of www.leva.co.nz which is owned by xxx.“
but in a page dedicated to a board there is just one small clue to be found ” Pacific Inc, trading as Le Va, is an organisation with charitable status governed by a board of trustees ” it just shows how little people know about trusts and companies . Companies have directors and trusts have trustees.
the web site le Va.co.nz is registered to Wise group
Wise Group is a group of charities , which does not have any legal status of its own , its neither a legal person nor a natural person but the incorporated charitable trust wise trust board owns a conglomeration of companies .
While le va does appear to have foundations with a legal company why do we have to use a trading name that is so different to the legal name .
Wells signed agreements in the name of this fictional trust with MAF and with the dog control section of waitakere city council. He applied for the position of Manager without declaring his conflict of interest and got the job effectively then becoming both parties to this mou .
In 11 years I have not been able to get any progress on this matter ,I have truck loads of evidence but this matter has been actively covered up by MPI and the former Waitakere city council and Auckland council. The Police and SFO have played a game of hot potato with the case one saying its too serious the other saying it isn’t serious enough.
I have learned that Wells engaged a private investigator to set me up , I have just discovered that Ron Mc Quilter drafted a witness statement which he then had a witness sign and did what he could to ensure that I would lose my PI licence.
Rons Business partner just happens to be bryan Mogridge of the committee for auckland and previously enterprise waitakere , good reason to see me discredited .
the AWINZ matter has highlighted to me the level at which corruption is condoned in New Zealand . We have a tendency to ignore crime at the top of the scale but pounce on the simple straight forward matters.
This is because or enforcement system is economy based. so its about return of $ for investment. I learned much about false trusts, fake identities, abuse of trading names and was actually on to the panama papers long before the journalists exposed the material . I included all this information as evidence in my petition for a commission against corruption
My petition was thrown out by Mike Sabin .. now no one got to hear about his sins… and he most certainly did not own up to them .
I have seen everything from fake companies fake addresses fake liquidators proxy directors fake directors. all of this is possible and apparently condoned.
On page 65 of my evidence you will see that the crown law office memorandum seeking to have the 22 charges withdrawn for a a well connected american business man Terry Hay , former business partner of David Nathan , for charges relating to company fraud.
so why are we being so tough on Metiria Turei for historic deeds of hers.
The awinz matter has been covered up at 40,000 feet , the fact that it has not been investigated 11 years after reporting it shows that this tactic of using fake names is more common than we think .
Just like the Joanne Harrison matter where she concealed her frauds the same occurred in the MPI . I have evidence of OIA’s being run past Neil Wells, he was consulted and kept in the loop of my questions and contacts with the mpi.
there were people in the auditor generals office who told me that they did not want to touch it as they were too close to retirement and were not wishing to place themselves in such a precarious position .
Many years ago in police College I learned that those who stand by and do nothing are as guilty as the perpetrator of an offence . Those who assisted in concealment of an offence were called accessories to the fact or accessories after the fact .
section 71 of our crimes act reads
71 Accessory after the fact
(1)An accessory after the fact to an offence is one who, knowing any person to have been a party to the offence, receives, comforts, or assists that person or tampers with or actively suppresses any evidence against him or her, in order to enable him or her to escape after arrest or to avoid arrest or conviction.
so while some politicians admit to frauds of the past others stand by and let them happen .
Open letter to José Ugaz Chair of transparency International
The state of corruption In New Zealand
Sir
I am the director of Transparency New Zealand Limited . My company actively exposes corruption In New Zealand . It was formed after Transparency International New Zealand refused me membership because it claims that
“the TINZ Objectives, Guiding Principles and Rules of TINZ are not compatible with your actions and objectives. We do not undertake investigations on single cases of corruption or expose individual cases.”
Unfortunately I believe that by looking at corruption in New Zealand we can learn from it and prevent it from growing.
Ignoring corruption is like ignoring cancer, ignore it long enough and it will kill you
I was very impressed with your presentation at Massey University, Palmerston North .
The views you promoted on Behalf of transparency International resonated with me and I felt sad that Transparency International New Zealand does not hold the same values as the international body .
You regarded whistleblowers as essential to uncovering corruption but the local professor quickly added that whistleblowers are regarded as tell tales and then there were some comments by him abut obtaining information unlawfully.
I can assure you that the truck loads of information I have collated have been acquired lawfully and it sets out a major issue which we have in New Zealand and that is the use of trusts.
We use trusts to the extent that we invent trusts and although the invented trust is totally bogus they appear to be able to act like legal persons , no one checks.
In this example a fictional trust obtained an arrest warrant the full document is here
more about this is found in Anne’s book available for download at Annehunt.co.nz
When fictional ” trusts” have a standing in court and can have an order issued to infringe on the rights of a natural person then there is something seriously out of wack
It shoudl be the lawyer’s responsibility to ensure that such action does not find itself in court and he and he alone should be held accountable to the full force of the law.
In another matter A fictional trust obtained law enforcement powers the fraudulent application is here
This application was made by a corrupt Barrister who has advised Government and was heavily involved in drafting the legislation to facilitate this fraud
He had a business plan see here and wrote the legislation and advised on it to facilitate this plan
He and his corrupt lawyer took action against me for defamation for saying that the trust was a sham. I was denied a defence of truth and honest opinion and through the false allegation that a similarly named ” trusts ” created retrospectively ws one and the same he misled the court and effectively the fiction became reality .
I see the courts reliance on the word of lawyers as the single largest contributor to corruption in New Zealand . Things are sanitised and legitimised through the courts by misleading the court .. no evidence is ever required.
Trusts in New Zealand are therefore the no 1 vehicle of choice for fraud and money laundering , if our courts and lawyers don’t check to see if a trust exists then its open slather . In the case of animal welfare Institute of New Zealand (AWINZ) I asked the solicitor general to investigate the trust and the various trusts that have been set up to jump through time and vacuums to give the illusion of reality.
If a trust does not have to have a legal structure which commences and continues in any verifiable form then we are dealing with fiction .
New Zealand is very much a Victorian colony which is coming of age through the use of computers . that is why whistleblowers are silenced here.
You raised a question with regards to John Key and asked why had no one investigated him. The answer is simple you just need to look at what I have suffered and you soon realise that if you even ask one question out of place you will be discredited and your life will be in tatters . Your comment and my research on Key since leaving the meeting has made me realise why no action has ever been taken with regards to AWINZ, for 11 years I have said it is a blue print and sure enough it has been . If a fictional trust can be a law enforcement authority then it can be anything.
In 2014 , Andrew Little presented my petition for a commission against corruption to Parliament , I was the lead petitioner . I was asked to present evidence as to why we needed such a commission and I supplied my evidence it is at this link you will see that I touched on panama, I was taken to court with regards to my discoveries of these panamanian companies and Hungarian alcoholic directors , I was silenced .
I provided evidence of fake liquidators fake directors and showed that the crown solicitor’s dropped 22 charges of fraud of Terry Hay a well connected american for fraud under the companies act
items 56 in that report relate to TINZ role in corruption today
Transparency International New Zealand in my opinion serves only to ensure that New Zealand status as least corrupt is preserved. To do this they actively ignore corruption and pretend that it does not occur.
Transparency International New Zealand gets funding from the key public service agencies to do the integrity reports on the public sector.
Quite personally I think that that is a conflict of interest and corrupt .
The reality is that New Zealand is in my experience rotten to the core we have cheated on our exam cards ( the perception index) and that makes us among the most corrupt of them all .
When simple corruption is covered up at high levels and they have to go as far as to discredit you then you know that the corruption is deeper than any one imagined.
I look forward to a response from you and look forward to being able to work with transparency International to address corruption in New Zealand and not be part of the problem by concealing it.
- items on John Keys trust Panama papers John Doe statement
Of course, those are hardly the only issues that need fixing. Prime Minister John Key of New Zealand has been curiously quiet about his country’s role in enabling the financial fraud Mecca that is the Cook Islands.
7 May 2016 Why was John Key singled out by Panama Papers hacker?
7 May 2016 Panama Papers whistleblower confused – John Key
8 May 2016 Taxing times: The ghosts of wineboxes past
5 october 2016 John Key keeps lid on hidden billions
21 march 2014 John Key dismisses rumours surrounding resignation
READ MORE:
* Panama Papers source breaks silence, denies being a spy
* The Panama Papers New Zealand link revealed
* New measures to combat cybercrime outlined by Government
* Prime Minister John Key’s lawyer asked about foreign trusts
* NZ trusts at the centre of Malta money scandal
* Government now says NZ trust examination likely
* More NZ links to Panama Papers to come
* Q&A: Panama Papers’ fallout has only just begun
Documents obtained by the Australian Financial Review show:
- Juan Armando Hinojosa Cantu, who built his fortune from billions of dollars in Mexican government contracts, was investigated for lavish housing deals with Mexican political figures.
- On July 1 last year, Cantu’s Miami lawyer said his client had “circa $US100 million” to put into three New Zealand trusts.
- Maltese investors who had been turned away from nine banks in the Caribbean, Miami and Panama eventually found a home for their money in New Zealand trusts.
- Demand for New Zealand trusts went into overdrive late last year with Mossack Fonseca staff in Panama urging New Zealand staff to “chase the money”.
Man of Convictions :By Anne HUNT a Must read for all New Zealanders
The Opening words of Anne’s Report could well be my own with a minor change, hers are with regards to Phil Taueki and mine With Neil Wells
“The crime I discovered is serious. Why the cover-up? It piqued my curiosity. No self-respecting “Investigator” can resist the temptation to ferret out the facts! “
Anne makes this comment on her web page which provides a down load for her latest book a man of convictions http://www.annehunt.co.nz
the only difference between Phil and Neil is that Phil is a victim of this type of fraud and Neil Wells is a corrupt former barrister who perpetrated this identity fraud on the public .
I have spoken to Anne many times she was a fabulous support while I was going through the darkest days of my AWINZ journey( Neil Wells ) .
There is a strange bond between those of us who have gone through the mill so to speak and we have all learned a lot about injustice , the tricks played in court and the dirty tactics.
So when Anne sent on an email with regards to Philip Taueki’s plight I couldn’t help but get involved. I smelt a rat .
I asked Anne to keep my involvement quite so I worked in the background as I feared that if I was to be connected with the matter then it would blow up out of proportion as other matters which I have been seen to be connected with have. Its all over now so I can come out of the wood work , but you can appreciate that Neil wells would not like to think that this was again another fake trust and once people cotton on to the use of fake trusts his own might be looked at .
This trust however was allegedly a Maori trust so I completed a crash course in Maori trusts and identified the fact that there were a number of court actions which had been brought against Philip by fictional trusts. It was the Animal Welfare Institute of New Zealand all over again.
Much of the court action had been brought by “HOROWHENUA 11 (LAKE) PART RESERVATION TRUST” My investigations showed that it had no claim on the land, it was a trading name which has not been defined. It has no standing before the court and cannot seek to have a lawful owner removed from his own land . Basically it was just a group of people hiding behind a BS name .
Fortunately there is no corruption in New Zealand we just have systems where checking is the last thing that is done and we operate entirely on assumptions .Lawyers will take instructions from any one with dosh which means at the worst that someone living overseas using a fictional name can make your life hell here on a bogus claim.
It is time that lawyers who do not check if
1. their client has standing and
2. that there is a valid claim
If neither exist then the lawyers should be charged with offences under the lawyers and conveyancers act .
Anne acknowledges my work in the tributes, strangely enough I have have just been removed s a PI for not acting in the public interest .. My crime I told David Abricossow to act impartially for his client the muse on Allen and directed him to the provisions of the lawyers and conveyancers act ….makes you wonder doesn’t it .
Download the book its free and promises to make good reading
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
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 .
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 .
- No one checked to see if the animal welfare institute of new Zealand (AWINZ)existed before giving it law enforcement powers ,
- 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
- 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 .
- and I could go on
The runner up failure goes to failure to stick to the law.
- 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.
Penalties
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 .
Open letter to the Charities Services with regards to the RNZSPCA change of purpose
I wish to file this formal complaint with the charities Services
on the grounds
- significant financial loss to the charity, or the illegal or corrupt use of the charity’s funds or resources;
- serious harm to beneficiaries (especially to vulnerable beneficiaries);
- charities deliberately being used for private pecuniary profit or to abuse New Zealand’s tax laws;
- where a charity’s independence may be compromised;
- serious wrongdoing by a charity, its officers/trustees or employees, that damages or has the potential to damage its reputation and/or the reputation of the charitable sector;
- serious non-compliance in a charity which could constitute serious risk to public interest;
- damaging public trust and confidence in Charities Services as an effective regulator
I am a member of the Hawkes bay branch of the RNZSPCA , That branch is one of the many members which make up the RNZSPCA.
Recently I attended a meeting of Taupo residents and Taupo branch members who were concerned about being disenfranchised from their society .
What the Taupo members and I have in common is that as members we have not been able to vote on the one SPCA proposal
It appears that there is a group of people who have taken upon themselves to promote the one SPCA concept but have manipulated the branches and member societies in such a way as to ensure that their objective of disestablishing the smaller society and taking their assets is achieved.
Andrea Midgen has now filed a new constitution which was allegedly passed last week in circumstances which stretch the concept of democracy as delegates for at least 15 societies had no mandate from the members who they purported to represent .
The new constitution for he RNZSPCA which went live today differs entirely from the previous constitutions and has adopted new objectives for the society this now reads
4.1 The purposes of SPCA are to create a better life for, and prevent cruelty to and neglect of, Animals in New Zealand and in particular to:
a. be the lead organisation for Animal welfare in New Zealand;
b.educate New Zealanders about their Animal welfare responsibilities including developing and delivering programmes and activities;
c.establish and maintain facilities and provide services throughout New Zealand to improve the welfare of Animals using standards, policies and practices based on best practice and scientific knowledge;
d.promote and advocate for Animal welfare legislation and standards;
e.act as an Approved Organisation under the Animal Welfare Act 1999, including taking action against those who fail to comply with their legal obligations relating to the physical, health, and behavioural needs of Animals
Since the objectives of the society have changed they may now no longer qualify for charitable status
I note that in particular they wish to provide a better life for animals .. this probably needs to be read in conjunction with this you tube recording which demonstrates the wastage of donated charitable funds. Providing a better life could include buying a better car for the owner of the animal something which according to this recording has happened in the past .
To be the lead Animal welfare organisation .. sounds like empire building, in the other hand Andrea Midgens boss, Gordon trainer has already registered a company called SPCA Aotearoa. this brings about a potential of conflict of interest for her as acting CEO of the RNZSPCA and raises the question is she acting for the RNZSPCA or for her employer the Auckland SPCA and sole share holder of SPCA Aotearoa Ltd
Gordon Trainer is the sole director of SPCA Aotearoa Ltd he is also the only person from the Auckland SPCA who has control of some sort of the 25 million dollars which unsuspecting benefactors have left the the SPCA and which has found its way to the Auckland SPCA. In the mean time smaller branches burdened by extra financial commitments by being billed to take on an employee of the RNZSPCA choosing , have been wound up
educate New Zealanders about their Animal welfare responsibilities , they are currently euthanizing more animals than ever before , they are spending more on human resources and corporate wages particularly looking at getting the inspectorate going and prosecuting more new Zealanders. so is education going to be through prosecution ? It has to be of note that it is the SPCA and not the RNZSPCA who have the team of lawyers on board .
.establish and maintain facilities and provide services throughout New Zealand to improve the welfare of Animals, since the one spca movement began a number of local SPCA”s have been disestablished , their buildings sold and as a result there are fewer SPCA’a than before , e.g. Te Kuiti, Waikato , Te Awamutu etc
promote and advocate for Animal welfare legislation and standards again their objectives appear to be more in line with a law enforcement authority than a charity whose beneficiaries are animals
act as an Approved Organisation under the Animal Welfare Act 1999, The government has responsibilities for animal welfare this is primarily performed through the MPI and the police . A former RNZPSCA president , Neil Wells ,who was also a barrister wrote the bill for animal welfare act and was Independent adviser to the select committee and did not declare his conflict of interest when he included the provisions for the concept of Approved organisations.
Mr Wells went on to set up his own ” approved organisation The animal welfare institute of new Zealand which in reality did not exist and was just a trading name for himself. He relied on what I have found to be a fraudulent application, followed by misleading information to the minister there is more just search this site using the key word AWINZ
The persons who have been behind this drive for the SPCA to develop the inspectorate just happen to former MPI inspectors . this whole concept is not about being a charity but about starting a law enforcement group using the 25 million or so ,this has been side lined into trusts.
These funds which were given to the SPCA have been deprived from the true beneficiaries , the animals. there appears to be a massive misappropriation of charitable funds because people dont realize that the SPCA has been hijacked.
The new powers are equally frightening
establish a Board, commissions, committees. forums, and other groups, including consultative groups,and to delegate its powers and functions to such groups;
be an Approved Organisation under the Animal Welfare Act 1999 with such powers and .authority as specified under that Act
invest, lend, advance or otherwise deal with monies and secure the payment of such monies with or without charges, or guarantees; ( these are charitable funds ! )
produce, develop. create, own, licence and otherwise exploit. use and protect Intellectual Property;
purchase or otherwise acquire all or any part of the property, assets and liabilities of any one or more companies, institutions, trusts, incorporated societies or organisations whose activities or objects are similar (in whole or in part} to those of SPCA, or with which SPCA is authorised to merge or amalgamate,or for any purpose designed to benefit SPCA;
And this is the bit where I believe SPCA aotearoa comes in
establish, acquire, carry on or participate in any business or enterprise which fulfills the Purposes of SPCA (in whole or part);
q. be a member of, affiliate or be associated in any other way with, any organisation which has objects which are similar, in whole or in part, to the Purposes of SPCA; and.
With the change in the objectives the transformation is complete below is the former purpose for comparison
OBJECTS
- The Objects for which the Royal Society is established are:
(a) To prevent cruelty to animals by:
(i) Encouraging and sustaining an intelligent public opinion regarding man’s duty to animals;
(ii) Enforcing where practicable the laws which exist for animals’protection;
(iii) Promoting further legislation for the protection of animals, as may be appropriate;
(iv) Any other ways and means as the Royal Society may deem appropriate.
(b) To co-ordinate the activities of the various Branches and Member Societies;
(c) To promote Branches in districts where there is no Branch or Member Society in existence;
(d) To generally do all such acts and things as shall or may be for the benefit of Branches or Member Societies or in the interests of animals and their welfare.
Evidence that the RNZSPCA has not been acting in accordance with its former objectives can be found by looking at
- the increase of euthanasia this is not in the interest of animals
- the closure of branches which could have been saved with charitable funds which according to this recording have been misappropriated
- the replacement of volunteers with paid RNZSPCA staff and then passing the costs on to the branch so as to cause financial hardship which is then used to wind up the society
- the unlawful ” administration of incorporated societies “
- by denying members the right to contact other members and by calling only a SGM when it suits the RNZSPCA but not calling a AGM in three years ( Taupo) or allowing new people to become members. This is not acting in the benefit of branches
- there is a gross conflict of interest between the Auckland SPCA and the RNZSPCA . there has been a historical fight for power , it now appears to me , that the Auckland SPCA which has posed as the SPCA see here has succeeded in taking control of money and is now taking over the RNZSPCA and will pass that control through to itself by virtue of this new constitution .
all that is required is for the smaller branches to wind up and the Auckland SPCA will take over the RNZSPCA and put it under the umbrella of SPCA aotearoa. Public money corporate wages private gain and a private law enforcement power with strict liability offences and a licence to print money .. certainly not acting charitably in my opinion
Constitutions for branches taken into administration , (for which there is no legal provision) , have been unlawfully filed to ensure that the latest constitutions state that on winding up or dissolution the assets go to the RNZSPCA.
I have been told that well over 2 million dollars of charitable funds have been used for this restructuring. Money which could have been put to good use by saving branches which have been closed down by people other than the members.
The new constitution allows for the new organisation , (that is what it is as the whole constitution appears to have been replaced in one go) to pick and choose its members
the emphasis is on the inspectorate and it is not coincidental that Mr Wells who wrote the legislation also set up the training program at Unitec for inspectors, so by becoming inspector focused there is a financial spin off for others but what has been forgotten is that before a prosecution can occur an animal has to suffer . so the society for prevention of cruelty no longer fulfills its traditional role having instead become an enforcement agency and therefore by definition is no longer a charity .
Power tends to corrupt, and absolute power corrupts absolutely.
I therefore request an urgent revue of the RNZSPCA with regards to its charitable status, misappropriation of charitable fund and the grounds stated above
I have posted this on transparency in the interest of transparency .
From: Compliance <Compliance@dia.govt.nz>
Sent: Thursday, 13 July 2017 3:19 p.m.
To: ‘Grace Haden’
Subject: RE: complaint with regards to the new uncharitable constitution of the RNZSPCA
Dear Grace
Thank you for your email regarding the Royal New Zealand Society for the Prevention of Cruelty to Animals Incorporated (RNZSPCA), registration number CC22705.
The concerns that you have raised have now been reviewed, however Charities Services has determined not to initiate an investigation into the RNZSPCA. We will only consider exercising our legislative powers under the Charities Act 2005 when there is evidence of:
• the charity no longer meeting the requirements for registration;
• a breach of the Charities Act 2005;
• ‘serious wrongdoing’ in connection with a charity.
Serious wrongdoing is defined under section 4 of the Act as:
(a) an unlawful or a corrupt use of the funds or resources of the entity; or
(b) an act, omission, or course of conduct that constitutes a serious risk to the public interest in the orderly and appropriate conduct of the affairs of the entity; or
(c) an act, omission, or course of conduct that constitutes an offence; or
(d) an act, omission, or course of conduct by a person that is oppressive, improperly discriminatory, or grossly negligent, or that constitutes gross mismanagement
Charities Services is unlikely to investigate disputes that relate to the governance of an entity or service delivery matters. We will also not become involved if your concern is about a decision made by the officers of the charity that is within the law or within the rules of the charity. Charities Services is unable to overrule a decision made by officers that is within their powers to make, simply because others do not agree with it.
The decision of the SPCA delegates to form one national organisation from it 45 independent centres is one that the organisation is able to make, and not one that Charities Services has the legislative mandate to overrule.
You may wish to contact the SPCA New Zealand directly, or seek independent legal advice, in regards to your concerns.
Kind regards
James Lathan | Assistant Investigator
Charities Services | Ngā Rātonga Kaupapa Atawhai
Extn: 4846 | DDI: +64 4 382 3946
120 Victoria Street, Wellington 6011 | PO Box 30112, Lower Hutt 5040
www.charities.govt.nz | www.dia.govt.nz | Follow us on Facebook
Charities Services is part of the Department of Internal Affairs Te Tari Taiwhenua
Do
SPCA AOTEAROA LIMITED is this the monopoly model for the SPCA ?
You can help by speaking out please do not remain silent on this one !
While assisting some people with their dilemma of the local branch of the RNZSPCA, I came across a company called SPCA AOTEAROA LIMITED (5343361) Registered
The company is allegedly owned by The Society for the Prevention of Cruelty to Animals Auckland Incorporated but despite the fact that it was incorporated 30 June 2014 no mention of this company can be found in the annual reports 2015 annual report or the 2016 annual report.
Mr Trainer files his own directors form , showing that he is self appointed he does this through the auspices of his own company Lomond group limited
Having noted that the Auckland SPCA prefers to use the generic name SPCA and its chairman Gordon Trainer is also the national president of the RNZSPCA
Gordon trainer was co opted to the national board September 2015 and it would appear on what I can see , that he became president when he had already set the wheels for SPCA aotearoa in motion .
What is the difference you may well ask well it is an important one summed up on the RNZSPCA web site
There are some 40 incorporated societies which are members or branches of the RNZSPCA , The RNZSPCA is the national body on which all of the individual branches and member societies have a representation . Those persons who are the appointed members to the RNZSPCA then select their office bearers from their number.
But what so often happens is that one person becomes entrenched in the role and that is where the propensity for going off the rails occurs.
For many years Bob Kerridge has been both the chairman of the Auckland SPCA and the national president of the RNZSPCA , he was followed by Gordon Trainer.
Now the SPCA Auckland would be the first one to admit that throughout the country there is much confusion about the number of SPCA’s many think there is only one.
The reality is that the Auckland SPCA is the equivalent status of any of the branches, it is a member society which just happens to hold the reins through its chair man.
Further confusion arises though the RNZSPCA’s own web site where the royal society refers to itself as SPCA and has actually registered the a logo
The donate page on the RNZSPCA web site makes you think that you are donating to the SPCA and in the mean time the Auckland SPCA which is now apparently driving the take over bid registers documents at the Registrars office as
this is simply achieved by leaving the real name off by dropping the word Auckland.
This particular example was signed By Andrea Midgen who is now travelling the country and telling societies that once amalgamation takes place they will have to change their names if they are not part of the one SPCA.
So simply put the confusion as to the entity “SPCA” is no accident and people who leave funds to the SPCA in their will do so with the best of intentions and frequently with the expectation that it will support the SPCA activities where they live . Instead the funds go to the Auckland SPCA and are shuffled off into Auckland SPCA trust
The wording of trust deeds is important and in this case the wording of the SPCA trust is such that the funds do not have to go to the the Auckland SPCA, RNZSPCA branches etc but simply for the purposes as set out here
This means that the funds can also go to Community Cat Coalition Incorporated or New Zealand Companion Animal Council Incorporated but apparently it does not go to RNZSPCA branches which have felt the financial burden of having a paid employee thrust upon them by the national body .
Financial hardship is one way of making groups change their view on autonomy and by creating financial pressures on a society control can be gained. the Te Awamutu Branch reportedly was wound up in this manner and Waikato closed its doors despite that fact the $400,000 appears to have shifted sideways from a trust where the RNZSPCA branch was once a trustee .
So the whole one SPCA thing looks very much as a being contrived and driven by The SPCA, Millions of dollars which shoul dhave gone to animal s have gone on corporate wages fro this restructuring.
The SPCA’s which have been closed could have survived if the money paid to consultants had found its way to the volunteers who were using it for de sexing and re homing of animals
INSPECTORATE
In March this year an article appeared in the law society news Anita Killeen: SPCA Auckland Pro Bono Panel of Prosecutors
In the New Year, I met the Chairman and the Board of the SPCA Auckland and gave a presentation that included a proposal to take charge of developing an initiative I believed would save the organisation money and further its goals. The Board appointed me as a Director in early 2009, and, shortly after, I implemented the strategy which is now known as the Pro Bono Panel of Prosecutors for the SPCA Auckland.
Note that this is only For Auckland.
But the appointment of inspectors is through the animal welfare act to the RNZSPCA
The organisation known as the Royal New Zealand Society for the Prevention of Cruelty to Animals, Incorporated is an approved organisation for the purposes of this Act.
Rumour has it that the one SPCA is all about developing the inspectorate and apparently also about giving work to a lot of well meaning lawyers who have been sold half a story .
The animal welfare act is a very dangerous piece of legislation a law paper can be found here
The author of the paper was also apparently fooled with the SPCA/ RNZSPCA concept as only the SPCA gets a mention
What the author points out about strict liability offences is a very serious point. In a strict liability offence the Inspector only needs to think that your limping Moggie needs to have gone to the vet and you could well be up for a massive fine .
Run with a team of lawyers and over zealous inspectors no animal owner will be safe and I fear that more animals than ever will be put down .
It will be a licence to print money by the monopoly which appears to be being set up by bullying the volunteers who have been the very fabric of society out to set up their own organisations in their area but will live in fear of being be wound up by the inspectors of the mighty monopoly.
Corruption = Monopoly + discretion – Accountability
The SPCA will be the only private law enforcement authority . I know the problems well I saw it with AWINZ.
Why cant SPCA staff simply call on MPI or Police to take action and prosecute .The SPCA has a vital role in education and support services for animals
The whole fact of SPCA is about to change and as one person said
THIS WEEKEND ANIMAL WELFARE IN NZ DIED
There is nothing open and transparent about this Take over , it is contrived, manipulated and deceitful . There is no ability for whole societies to be taken over by a group of people and those who are posing as members of a society taken over by stealth should be held accountable to the full extent of the law , they have no legal right to file constitutions on behalf of the members and run up financial burdens for the society , each should be personally responsible.. Isn’t that what Andrea Midgen said ? So why should she not be responsible for the actions on the half dozen or so incorporated societies she claims to have rights over when there is no mandate from members.
The SPCA is being corporatised , its going to be big business , it will kill volunteering, community groups and will make animal lovers live in fear of persecution . the funds which have been given to local communities to set up shelters will be liquidated into corporate wages for accountants lawyers and consultants .
The animals will be just a commodity and in my opinion it will be a fundamental abuse of animals to use them for the $$$ game
This is of national importance and I certainly hope that there will be a public investigation into this as to me it appears that there is a gross misappropriation of charitable funds .
I also hope that the charities commission will remove the charitable status of an organisation so apparently driven for profit.
Smear campaigns a well practiced form of attack
History often repeats and the view is frequently clearest when looking back
The SPCA’s Public relations officer mentioned in the article along side is now none other than Mrs Christine Wells
from the events of this last week and of the past 11 years I can see a trend emerging. Neil Wells Good ..Grace Haden Bad.
By smearing a person and throwing a lot of mud there is the hope that some of it will stick and people do tend to say where there is smoke there is fire , well sometimes the apparition of the fire is actually a smoke screen.
Mud slinging can only be addresses with truth and facts and so often the person doing he slinging does so to keep the focus off himself.
To look at what Mr Wells has been involved in we need to look at the trusts which he has operated with total disregard of the law.
You have to remember that He was a barrister , by definition and officer of the court and a person legally charged to uphold the rule of Law in New Zealand
4 Fundamental obligations of lawyers
Every lawyer who provides regulated services must, in the course of his or her practice, comply with the following fundamental obligations:(a)the obligation to uphold the rule of law and to facilitate the administration of justice in New Zealand:
we have seen Neil Wells CV it makes no mention of the NEW ZEALAND FUND FOR HUMANE RESEARCH of which Neil Wells was a trustee
In 2006 when donation flyers were being sent out By Neil Wells via Wyn Hoadley soliciting donations he claimed in June 2006 that AWINZ administers the NZ fund for Humane research ( lord Dowding fund )
The reality was that all those involved in the NEW ZEALAND FUND FOR HUMANE RESEARCH were either dead or believed that the fund had been wound up , except Neil wells who was still soliciting donations for this long forgotten trust
The Lord Dowding fund was not even administers by the NEW ZEALAND FUND FOR HUMANE RESEARCH but by Mrs Heather through a trust called BEAUTY WITH COMPASSION INCORPORATED In 2000 it was struck off but still had well over $100,ooo in its coffers which Neil Wells Solicits for his fictional AWINZ in 2005 the letter is found here
Interestingly enough the bank account at the national bank mount Albert only had one signatory and had no trust deed associated with it. the one signatory was Neil Wells. He assures the secretary that ” Any funds from The Lord Dowding Fund would be kept as a special trust fund within AWINZ to be applied according to the original tenets of the Fund.” Signed By Neil Wells Trustee . The reality is that AWINZ had no legal existence it did not have trustees and it did not operate as a trust it was like The fund for humane research something Neil Wells took upon himself to call a trust .
as mentioned earlier the Lord Dowding fund was used to sue me the charities records show how the sum has changed over the years from 98,000 to 22,000 yet Neil wells has some how made a personal profit of 57,000 and not repaid the money he used to sue me .
the interesting thing is that the trust which obtains the money doesn’t legally exist and there are so many holes in this trust structure that a truck would fall through.
The origins of AWINZ .
Neil Wells after leaving the world society quits in a row over the kaimanawa horses see the decision here and sets up shop as solicitor sole, I suspect that he found business slow and approaches Waitakere city council to work on a project to amalgamate dog and stock control with animal welfare .
In the defamation hearing in 2007 Neil wells falsely claimed that the council had approached him with regards to amalgamating the two functions but the documents I have clearly prove that he misled the court on this point ( and many others ) I call it perjury .
IN 1994 he approaches the Waitakere city council with his idea of combining animal welfare and animal control and suggests to the council that they could set up an SPCA type organisation.
His no 1 accomplice Tom Didovich the manager of dog control in Waitakere helps push the venture see
Neil Wells has taken some initiatives with respect to enhancing our animal welfare services by proposing the establishment of a pilot programme whereby our staff fulfill the role of animal welfare inspectors by providing an SPCA type operation.
Wells quickly turns this into lobbying for new animal welfare legislation
In a parallel move Wells promotes himself as a ” consultant for Waitakere city council ” To Maf David Bayvel who he knows well and has already done groundwork with .
While on the one hand Wells claims to be acting as ” consultant ” on the other he is looking at ways to make money for himself by facilitating the interface between animal control and animal welfare
This point is not lost on the the SPCA who write
By august that 95 council officers were appointed as Inspectors .
Neil Wells then lobby’s councils up and down the country to encourage them to consider his proposal this is a sample letter he does this using a very impressive letter head which is just a pseudonym for himself .
By mid January 1996 less than two weeks after sending a proposal to councils over the holiday period , he has put together his business plan for the territorial animal welfare authority
Neil Wells gets Didovich to prepare a ” blurb sheet to make it appear that this is an initiative of the council
but by 1997 the local government NZ lets it be known that they are not supportive of Wells idea
During this time Wells is busy writing new legislation to facilitate his plan and in september 1997 the Hodgson bill is produced Wells has inserted a new clause providing for Territorial bodies to be compliance Bodies
The No 1 bill is rejected as it infringes on the bill of rights , the powers which wells was seeking for the inspectors appear to be draconian and so A second bill is introduced and the two bills are integrated into one, Neil Wells is taken on as the ” independent adviser to the select committee . He does this without declaring his conflict of interest.
In September 1997 the Hodgson bill was referred to us. The Government decided to introduce its own bill to remedy laps in that bill and in earlier Government policy work on
animal welfare decided that it would be more effective and efficient to consider the two bills together, and delayed consideration of the Hodgson bill in order to do this.
In early 1998 Wells promotes the concept of a trust and suggests that the council be involved and provides a flow of funds diagram he appears to make this move to circumvent the intention of the legislation following the introduction of the second bill.
Wells has already preempted the formation of a trust and tom Didovich then pushes this to council
While the bill is still being discussed Wells liaises with various people to overcome any hurdles that the legislation may throw up
He first comes up with the name AWINZ in Mid 1998 while the legislation is still being drafted and he states
For this exercise let’s assume that there will be a new charitable trust formed, independent of Waitakere City, to be known as the
Animal Welfare Institute of New Zealand (AWINZ). AWINZ could be that national body and would be responsible to MAF Reg through a memorandum of understanding or contract.….It is possibly premature to propose Part 2 at this stage as there needs to be a little more certainty in terms of what is in the Bill, when will AWINZ be up and running, what transitional procedures can be used for Waitakere City.
He presents and advisory board document and attaches a draft trust deed , he alleges that this trust will be set up by the council and The founding trustees will be appointed by the Waitakere city council
He gets Didovich to gather people the criteria being that they should be well know to give the trust ” credibility ” and so some people are called together and Wells is paid for their meeting.
Wells again take advantage of year end and sends the unexecuted deed to Maf
It has to be noted that the deed makes it clear that Waitakere city is allegedly a trustee under the deed
You may have noted that crucial events take place at christmas time this is a very good tactic as things get rushed through or overlooked.
More to come about the AWINZ trust deception and why Neil Wells is so fearful that one day some one may believe me
In the mean time I found the evidence that wells brought the independent SPCA’s together in a job application at waitakere city council he states
Interestingly with this job application he does not disclose to Waitakere city council his gross conflict of interest that by taking the position he will be contracting to himself
but that is the nature of the beast proof is in the pudding see here
once corrupt always corrupt