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
My open letter to be distributed at the world justice forum
The world justice forum is currently under way the forum is being attended by a colleague who will be distributing the following
It is time New Zealand woke up to the corruption which is occurring, ignoring it does not make it go away . cancer ignored will kill you and so will corruption https://worldjusticeproject.org/our-work/engagement/events/world-justice-forum
A whistle-blowers story from New Zealand
A short introduction by Grace Haden for the World Justice forum 10 July 2017
New Zealand is supposedly the least corrupt country in the world on the perception index. This is probably because New Zealand excels in Perception.
New Zealand still lives in the Victorian era, front parlour looks great but in the back we hide things from view.
I am a former Police Sergeant, I work as a private investigator, I am currently before the court on 5 counts of breaching a suppression order. I was charged six weeks ago and today received the first publicly available copy of the order which I have allegedly breached. My crime was to identify the Barrister who has made my life hell for 11 years as the lawyer who was given name suppression for ripping off his client and old lady who I know he has been targeting for years.
The police were quick to move on charging me but in 11 years they have never looked at the serious corruption which I uncovered. They even charged me before they even knew an order existed.
I run a web site called www.transparency.net.nz, I do this because transparency International in New Zealand is all about keeping the “ least corrupt “ perception alive so that they can attract more business to New Zealand. They receive funding from the public service sector so they can boast how well they do and because there is no corruption in New Zealand we don’t need the usual safe guards
New Zealand is reputedly the country that is easiest to set a business up in, it is also a country in which the same simple companies structure will see you cleaned out. No one checks and the registrar seldom prosecutes. I am currently dealing with a company where the person who invested lost all their funds with a stroke of a pen
In my time as a private Investigator I have seen false companies, false liquidators and the big one that I am being prosecuted for is for identifying a corrupt barrister who wrote legislation for his own business plan, advised on it as “ independent “ adviser to the select committee then made a fraudulent application and told lies to get it past the post . He operated this from a local council’s premises which he rebranded to look like his fictional trust. In 11 years no one has looked at the mountain of evidence and when he was recently found guilty of serious offences under the lawyer’s legislation he was given name suppression. I recognised the scenario as being him speculated and am being prosecuted despite never having seen and order.
One law for all is not what you get in New Zealand, you must pitch your offending just right be certain it does not include injury, no speeding or breaching any unseen orders. But you can successfully use false identities and rip people off for any sun under two million dollars and get away with it.
I presented evidence for a petition for a commission against corruption , the petition was thrown out because the evidence disclosed corruption see it here http://www.anticorruption.co.nz/wp-content/uploads/2015/01/Evidence-in-support-of-the-Petition-of-Grace-Haden-and-others-5-11.pdf
Please keep tabs on our web site and you will see how the law does not work in New Zealand, the structure is there, the perception is there but then perception is not reality
Grace Haden
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 .
New Zealand companies an international joke ? Terry Hay must think so !
Many years ago a lawyer asked me to help him locate a director and liquidator of a firm called fresh prepared limited
The director was allegedly Sanjay Patel 133 Captain Springs Rd, Onehunga. Consent of Director
Sanjay Patel appointed a liquidator Babuhai Patel who happened to use the PO box right next to that of the former proxy director Lynn Pryor
Both Sanjay and Babuhai were fictional and Terry Hay and Lynne Pryor were both charged with fraud offences .
The 22 fraud offences for Terry Hay are here
Hay skipped the country and Pryor was convicted of one charge as the blame was shifted onto Hay .The news items are here Charges over alleged fake liquidator and Boss invents accountant to escape $60k debt.
Hay being well connected got the charges dropped 21.1. 2013 see here
He wasted no time promoting himself as a successful business man no doubt including teaching the tricks of the trade with regards to the NZ companies office
Today I discovered that Hay has featured in the New Zealand courts again, funding litigation again .
This time in employment matters where LSG sky chef inherited employees from the firm one being Terry Hays brother in law.
the employment court matter can be found here
The registrar is once again looking to remove the company from the register .. for rich foreigners our company office is nothing more than a useful tool to use and abuse from a safe distance away .
While Mr Hay was comfortably ensconced in his Honolulu home he sues the arse off unsuspecting Kiwis , some how that is so wrong .
Its time we did more than register companies .. how about checking and stringently enforcing the company rules .
Companies , trusts and societies are totally abused . No one checks and whistleblowers get shot .. so wonder why its so open to abuse.
SPCA New Zealand is it still the same old trusted name ?
There is an old Hatchet that has been in our family for many years , it has been handed down from father to son and has served loyally each generation . The head was sharpened a few times and then the handle broke so it had a new handle , then the head was beyond sharpening and it got a new head , I think it has had five new Handel now and three new heads. But its still the same old trusty Hatchet.. despite the fact that the handle is now varnished and the head is blue .
What has this got to do with the SPCA.. well everything
Look up Wikipedia this is the definition shown
A Society for the Prevention of Cruelty to Animals (SPCA) is a common name for non-profit animal welfare organizations around the world. The oldest SPCA organization is the RSPCA, which was founded in England in 1824. SPCA organizations operate independently of each other and campaign for animal welfare, assist in the prevention of cruelty to animals cases, rehabilitation and finding homes for maltreated and unwanted animals that can be reestablished into new homes. Policies regarding animal euthanasia, handling feral cats, and similar issues vary by organization.
As you can see this fits in pretty closely with the old constitution purpose which has existed since 1995
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
the new constitution which has just been adopted MJC-101622-1-4205-1 RNZSPCA Constitution Final Adopted 17 June 2017
4. Purposes
4.1 The purposes of SPCA are to create a better life for, and prevent cruelty to and neglect of, Animals 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 primarily throughout New Zealand and, if it considers it necessary to do so, also Australia and the Pacific Islands, 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.
the proposed branch constitution is also has the objects changed MJC-101622-1-4206-1 RNZSPCA Branch Rules Final 17 June 2017 but since they are looking at winding up the branches the wording of the constitution is basically irrelevant as once this is adopted the branch will be wound up and cease to exist under the one policy following this transition MJC-101622-1-4207-1 RNZSPCA Transition Regulations Final
A new CEO is being recruited Final Position Description CEO SPCA to do the dirty work of transitioning from a society which exists to prevent cruelty to animals to one which rely on animals suffering for an income stream.
To me this appears to be a juxtaposition , as the stated aim of “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” cannot occur unless animals are harmed and since there is a financial benefit in enforcing the act the SPCA may no longer act to PREVENT cruelty as from an accountants point of view the $$$ occurs when animals are harmed.
Mr Trainer is an accountant, ex Ernest and Young , is he going to spend some of the 25 million on educating people and prevention methods or is he going to make $$$ for the society by prosecution ? What would an accountant do ????
Of course they would “promote and advocate for Animal welfare legislation and standards;” as this will ensure more stringent levels of compliance and more $$$
I have to wonder why Andrea Midgen wore two hats for this time, was it because her two hats suited this part of the transition , despite it being a gross conflict of interest, why not advertise for an independent CEO 10 months ago ????All too contrived my my sense of comfort.
So if you are the applicant for the position of the new CEO responding to this email please be aware that you will be assisting in the destruction of what was once a trusty old society .
From: RNZSPCA Board Secretary <Board.Secretary@spca.nz>
To: Gordon Trainer <Gordon.Trainer@spca.nz>
Cc: Kira Schaffler <kira.schaffler@spca.nz>
Date: 23 June 2017 at 14:06
Subject: Message from Gordon Trainer, RNZSPCA President – Recruitment: RNZSPCA CEORecruitment – RNZSPCA CEO
To: Centre Managers/CEOs, Chairs
CC: National Office staff and RNZSPCA BoardPlease forward this email to your Committee/Board and to the staff/volunteers in your Centre
Dear all
Following the strong vote in favour of the One SPCA entity at the AGM on Saturday 17 June, the Board has decided to initiate the process for the recruitment of a permanent CEO for the RNZSPCA. As you are aware Andrea Midgen has been ‘double-hatting’ for the past 10 months as both the CEO of Auckland SPCA and the Acting CEO of RNZSPCA.
The CEO of RNZSPCA is probably the most critical role in our new structure and it would be highly advantageous to have a confirmed CEO in the role during the months leading up to “Day 1” (1 November 2017) to ensure strong and focused leadership during the transition phase to One SPCA.
We have made a decision that, in the first instance, we will open this role to applications from internal candidates only, i.e. employees within the SPCAs across the country. If we are unable to find a suitable candidate from amongst our ranks we will then go to the wider external market.
As you can see from the attached position description this role requires (amongst other things):
– Strong leadership skills and proven experience in managing and developing leadership teams
– Experience in leading change
– Good all-round management competencies
– Strong financial and commercial acumen and experience, and
– A collaborative working style with a track record of building effective relationships.
We have asked Kira Schaffler as the Project Manager for the One SPCA project to coordinate the initial steps of the internal recruitment process. Kira has extensive experience in the recruitment and appointment of executives and will provide a strictly confidential coordination point for initial applications.
Our planned timetable for this process is as follows:
Internal candidates submit their CVs to Kira Schaffler. All applications will be treated in the strictest confidence By 14 July Remuneration, People Dev & Nominations Committee (sub-Committee of the Board) interviews short-listed candidates and recommends preferred candidate to the Board By 28 July Appointment of CEO By 11 August Please forward this email to your staff and volunteers in your Centres. It’s important that all employees are kept informed about the recruitment process for this key leadership role in our future SPCA.
If you have any queries about the process please contact Kira Schaffler on 021 924 845 or kira.schaffler@spca.nz who will be able to answer your questions on a strictly confidential basis.
Regards
Gordon Trainer
RNZSPCA President
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
URGENT : For the attention of all SPCA/ RNZSPCA members
If you are a member of any of the following then you need to read this
and listen to this https://www.youtube.com/watch?v=VHcgXhoBlf0
16/09/1907 | CANTERBURY BRANCH OF THE ROYAL NEW ZEALAND SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, INCORPORATED |
23/12/1912 | NORTH TARANAKI BRANCH OF THE ROYAL NEW ZEALAND SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS INCORPORATED |
19/10/1926 | THE SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS AUCKLAND INCORPORATED |
13/12/1926 | THE MANAWATU BRANCH OF THE ROYAL NEW ZEALAND SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS INCORPORATED |
23/05/1932 | WAIKATO BRANCH OF THE ROYAL NEW ZEALAND SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, INCORPORATED |
16/03/1933 | THE WHANGAREI BRANCH OF THE ROYAL NEW ZEALAND SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS INCORPORATED |
11/09/1933 | THE ROYAL NEW ZEALAND SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS INCORPORATED |
21/09/1936 | SOUTH CANTERBURY SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS INCORPORATED |
9/06/1942 | NELSON BRANCH OF THE ROYAL NZ SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS INCORPORATED |
19/09/1945 | MID CANTERBURY SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS INCORPORATED |
19/02/1947 | THE OTAGO SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS INCORPORATED |
16/05/1948 | THE MARLBOROUGH BRANCH OF THE ROYAL NEW ZEALAND SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, INCORPORATED |
25/06/1948 | THE ROTORUA BRANCH OF THE ROYAL NEW ZEALAND SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS INCORPORATED |
6/07/1951 | TE KUITI BRANCH OF THE ROYAL NEW ZEALAND SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, INCORPORATED |
13/06/1956 | HAWKES BAY BRANCH OF THE ROYAL NEW ZEALAND SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, INCORPORATED |
27/11/1957 | THE GISBORNE SPCA INCORPORATED |
14/09/1959 | THE CENTRAL KING COUNTRY BRANCH OF THE ROYAL NEW ZEALAND FOR THE PREVENTION OF CRUELTY TO ANIMALS INCORPORATED |
15/11/1960 | THE MOTUEKA BRANCH OF THE ROYAL NEW ZEALAND SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS INCORPORATED |
28/11/1961 | TAUPO BRANCH OF THE ROYAL NEW ZEALAND SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS INCORPORATED |
4/12/1961 | THAMES BRANCH OF THE ROYAL NZ SOCIETY FOR PREVENTION OF CRUELTY TO ANIMALS INCORPORATED |
29/05/1962 | THE HOROWHENUA BRANCH OF THE ROYAL NEW ZEALAND SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, INCORPORATED |
20/06/1963 | UPPER HUTT SPCA INCORPORATED |
20/08/1963 | DANNEVIRKE SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS INCORPORATED |
18/09/1964 | THE WHAKATANE BRANCH OF THE ROYAL NEW ZEALAND SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS INCORPORATED |
10/12/1964 | THE OPOTIKI BRANCH OF THE ROYAL NEW ZEALAND SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS INCORPORATED |
15/03/1965 | TAURANGA BRANCH OF THE ROYAL NEW ZEALAND SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS INCORPORATED |
16/06/1967 | THE HASTINGS & DISTRICTS BRANCH OF THE ROYAL NEW ZEALAND SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS INCORPORATED |
4/08/1967 | THE KAWERAU BRANCH OF THE ROYAL NEW ZEALAND SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS INCORPORATED |
17/05/1968 | THE WAIHI BRANCH OF THE ROYAL NEW ZEALAND SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS INCORPORATED |
10/04/1970 | THE NORTH OTAGO BRANCH OF THE ROYAL NEW ZEALAND SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS INCORPORATED |
22/06/1971 | THE WAIHEKE ISLAND BRANCH OF THE ROYAL NEW ZEALAND SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS INCORPORATED |
1/03/1977 | BULLER SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS INCORPORATED |
25/03/1980 | THE FEILDING & DISTRICTS BRANCH OF THE ROYAL NEW ZEALAND SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, INCORPORATED |
14/04/1982 | GREYMOUTH BRANCH OF ROYAL NEW ZEALAND SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS INCORPORATED |
30/03/1983 | SOUTH TARANAKI BRANCH OF THE ROYAL NEW ZEALAND SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS INCORPORATED |
2/09/1983 | WELLINGTON SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS INCORPORATED |
7/09/1984 | THE HOKITIKA BRANCH OF THE ROYAL NEW ZEALAND SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS INCORPORATED |
13/11/1984 | THE TURANGI BRANCH OF THE ROYAL NEW ZEALAND SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS INCORPORATED |
30/04/1987 | SOUTHLAND BRANCH OF THE ROYAL NEW ZEALAND SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS INCORPORATED |
27/11/1987 | THE CENTRAL HAWKES BAY BRANCH OF THE ROYAL NEW ZEALAND SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, INCORPORATED |
24/03/1989 | THE FEILDING & DISTRICTS BRANCH OF THE ROYAL NEW ZEALAND SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, INCORPORATED |
17/05/1989 | THE GOLDEN BAY BRANCH OF THE ROYAL NEW ZEALAND SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS INCORPORATED |
24/11/1989 | THE BAY OF ISLANDS BRANCH OF THE ROYAL NEW ZEALAND SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, INCORPORATED |
9/03/1992 | GORE AND DISTRICTS BRANCH OF THE ROYAL NEW ZEALAND SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS INCORPORATED |
10/09/1996 | KAITAIA AND DISTRICTS BRANCH OF THE ROYAL NEW ZEALAND SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS INCORPORATED |
7/06/2004 | THE WANGANUI BRANCH OF THE ROYAL NEW ZEALAND SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS INCORPORATED |
28/09/2004 | THE SOUTH WAIKATO BRANCH OF THE ROYAL NEW ZEALAND SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS INCORPORATED |
9/06/2005 | WAIRARAPA BRANCH OF THE ROYAL NEW ZEALAND SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS INCORPORATED |
The first column is the date of incorporation of your society
the second is the legal name of your society
All of the above are deemed by the Legal persons in their own right and the sole control of each is by its respective members .
The legislation which is relevant is the Incorporated Societies Act 1908
An incorporated society must have at least 15 members , the members file their constitution and run their society according to the constitution.
As can be seen by the dates of formation various communities had individuals who came together and formed the intention of forming a local SPCA for the common good of the community
Often farmer brown gave a corner paddock and the local trades men go together and constructed a premises for the volunteers to work out of . The societies were names the “what ever” society for prevention of cruelty to animals, the assets came from the community and were for the benefit of that community .
Each society acted independently until a federation was formed which lent a common voice and support structure to all .
Neil Wells was involved in action which appears to have substituted the Federation for the RNZSPCA , possibly by a name change which is no longer recorded at the registry of societies.He also wrote the animal welfare act and made the provision for inspectors to be employed by the RNZSPCA and introduced offences which are almost impossible to defend ( strict liability )
The federation disappeared and the RNZSPCA became the national body effectively having one representative from each of the member societies.
A move then occurred to change member societies into branches and a number of branches were taken over by stealth by a group of persons whose objective was to disenfranchise the members and substitute their own constitution for that previously accepted and passed by the members. Hence the members no longer had control of their own society it was some one else’s rules
The particular victims of this mover are the following branches
KAITAIA AND DISTRICTS BRANCH OF THE ROYAL NEW ZEALAND SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS INCORPORATED |
Taupo Branch of The Royal New Zealand Society for the Prevention of Cruelty to Animals Incorporated |
Te Kuiti Branch Of The Royal New Zealand Society For The Prevention Of Cruelty To Animals, Incorporated |
The Bay Of Islands Branch Of The Royal New Zealand Society For The Prevention Of Cruelty To Animals Incorporated |
The Bay Of Islands Branch Of The Royal New Zealand Society For The Prevention Of Cruelty To Animals Incorporated |
The Central King Country Branch Of The Royal New Zealand Society For The Prevention Of Cruelty To Animals Incorporated |
The Feilding and Districts Branch of the Royal New Zealand Society For The Prevention Of Cruelty To Animals Incorporated |
The Hokitika Branch Of The Royal New Zealand Society For The Prevention Of Cruelty To Animals Incorporated |
The Horowhenua Branch Of The Royal New Zealand Society For The Prevention Of Cruelty To Animals Incorporated |
The Marlborough Branch Of The Royal New Zealand Society For The Prevention Of Cruelty To Animals Incorporated |
The Te Awamutu Branch of the Royal New Zealand Society for the Prevention of Cruelty to Animals Incorporated |
The Thames Branch Of The Society Of Prevention Of Cruelty To Animals Incorporated |
The Waihi Branch of the Royal New Zealand Society for the Prevention of Cruelty to Animals Incorporated |
The Wairoa Branch Of The Royal New Zealand Society For The Prevention Of Cruelty To Animals Incorporated |
The Wanganui Branch of the Royal New Zealand Society for the Prevention of Cruelty to Animals Incorporated |
Waikato Branch Of The Royal New Zealand Society For The Prevention Of Cruelty To Animals Incorporated |
Wairarapa Branch Of Royal New Zealand Society For The Prevention Of Cruelty To Animals Inc |
Persons posing as officers of these societies did so without any mandate from the members , they effectively took over the assets of that society and dealt with them as though they had a right to do so. In some instances property including real estate was sold , there is no evidence as to where the funds went .
There is no provision in law which would support this action and in reality I believe that these persons are committing fraud by holding themselves out as having legitimacy over the asserts and running of the societies they have taken over.
These persons who include the following have had absolutely no legal right to act in the manner which they have yet have bamboozled volunteers and members alike , taking advantage of the fact that most ordinary citizens don’t know that the people from the so called Head office who they trust were actually setting them up to take over their society and asset strip the local community .
Andrea Midgen |
Bice Awan |
Clive Poles Smith |
David Broderick |
Francine Shields |
Gordon Sean Cooney |
Gordon Trainer |
Marie Hall |
Robyn O’Fee |
Sean Cooney |
Stephen Glassey |
Theresa Gattung |
those above have been assisted by those who should know better Geoff Sutton employed by the RNZSPCA is a former MPI man and he and his mate Alan Wilson ( also x MPI) are very keen to see the inspectorate kick into play as this would ensure them a position in the new order. These persons have a vested interest as they have been assured a position in the new order and are looking after their own financial interest in the new structure
It has to be remembered that the” P” stands for prevention not for prosecution and by the time prosecution occurs the animal has already suffered .
so essentially the SPCA is no longer functioning as the society it was set up for and instead being a society which relies on animal abuse for its existence.
In Britain the SPCA is out of control a great face book page to follow on that one is the shg
an article on the dangers of the SPCA inspectorate is https://www.spectator.co.uk/2013/02/off-the-leash/# Does the RSPCA think it’s the FBI?
Dozens of ordinary householders have been convicted, fined and even tagged for offences such as killing squirrels in their gardens, or not arranging adequate veterinary care for a sick pet. Those animal owners who fall foul of the RSPCA include the elderly, sick, bewildered or poor. Some of the prosecutions have been little short of farcical. Householders who kill garden pests have been convicted on the basis that the only humane way to dispatch a squirrel is to take it to the vets for a £70 lethal injection. Worse, there is a growing suspicion that not all RSPCA evidence of cruelty is what it seems.
an other article sent to me was this What’s gone wrong with the RSPCA? How a cherished charity which symbolised Britain’s love for animals has been hijacked by zealots who care more about pets than humans (and has now lost its third chief in five years)
Wake up NZ we need to educate people and care for the animals . Those taking control are lawyers and accountants it is a power game and more animals than ever will be put down and caring owners will be the target of prosecutions.
If you do nothing then you are part of the problem , Please help prevent cruelty not make cruelty the aim of financial gain.
Please contact me we are working on something that will hopefully restore integrity to the SPCA’s nation wide
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 $$$ game
This is of national importance and I certainly hope that there will be a public investigation into this as to me it appears that there is a gross misappropriation of charitable funds .
I also hope that the charities commission will remove the charitable status of an organisation so apparently driven for profit.
Open letter to Andrea Midgen .One SPCA what is the rush? a positive change for who $$$$$$$$$$$$
There have been power games between the SPCA and the RNZSPCA since Adam was a boy the
222889 THE SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS AUCKLAND INCORPORATED formed 19/10/1926
218546 THE ROYAL NEW ZEALAND SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS INCORPORATED formed 11/09/1933
I have already covered off the in fighting in the late 70’s and the fact that the law enforcement powers of the inspectorate was only given the the RNZSPCA and speculation has been that the SPCA, a member society has always wanted to take over the RNZSPCA . From what I have seen in this last week that appears to be very much the case.
There is significant blurring of boundaries between the SPCA and the RNZSPCA, this I believe is intentional with $$$$$ in mind
The legal name of the Auckland member society is The society for the prevention of cruelty to animals Auckland yet you refer to yourselves as .
You , Andrea signed as CEO for this entity on the latest rules filed at the companies office
you use the logo which is in reality registered to the Royal society see here
On Thursday night I attended a meeting and was confused when I heard that you would be there as you are the CEO of a member society of the RNZSPCA and without providing any evidence as to your lawful appointment as acting CEO of the RNZSPCA, you addressed a group of Taupo people about the RNZSPCA amalgamating into one. I suspect the reality is that this about the SPCA taking over the RNZSPCA and its member societies and branches.
The locals who attended expressed concerns that despite the fact that a number of them had been volunteers at the SPCA they had been denied the opportunity to become members and had been told that no new members were being accepted until after the one SPCA vote had been taken.
It appears that the person in charge of the Taupo SPCA and in control of the membership list is One Geoffrey Sutton who is actually a paid employee of the RNZSPCA .
I also noted that you had become an alleged officer of the Taupo SPCA by the filing of a document just days before the meeting claiming that you had been an officer of the Taupo society since September 2016. The method of your appointment is to say the least dubious as we were discovered that the society had not had a meeting of members in three years so I have to question how you could possible have a mandate from the members .
The unique thing about incorporated societies is that the members are always in control of their society yet it appears that the RNZSPCA and the SPCA have taken over the governance and control of various societies without any formal mandate to do so .
Constitutions have been filed with the registrar , circumventing both the prescribed formal processes and the resolutions of the members
Further you are the CEO of the SPCA and now claim to be the acting CEO of the RNZSPCA, is this not a conflict of interest as the SPCA appears to be paying your wages . I have always found that who ever pays a person has their loyalty so who are you acting for and how are you legally appointed for the RNZSPCA
I also note that Jennifer Temple , project and change Co ordinator mentioned here is also actually an employee of SPCA . so my question is who is driving this One SPCA ?
On 5 September 2016 you not only became a Officer of the Taupo SPCA but also the Thames , Wairarapa, Te kuiti, central King country branches and on 23 January 2017 the Waikato branch. This may require some explanation and you may have to provide a legal basis for these appointments as there certainly does not appear to be any provision under the Incorporated societies act which would have allowed for such an event.
You claim that
you have association with these branches due to the fact that they are under administration, could you please advise where under the Incorporated society act you have any power to disenfranchise the members of an incorporated society and take charge of their assets. You may wish to follow this link following to be informed as to the apparent lack of legitimacy of ” administration
I also need to point out that the constitutions which you appear to rely on generally appear to have been filed with the registrar by means other than the formal requirement of being accepted by a AGM and the process of filing these constitutions may actually be in breach of the act and you and your associates may be committing fraud by pretending that you have the lawful capacity to file these documents.
It was pointed out at the meeting that The Taupo branch Operated in a positive financial manner until the RNZSPCA ” placed the branch into administration ” Since then the number of staff have increased and the results have dropped back and losses occurred.
I am personally aware that such tactics have been used on societies which have been wound up and when they were wound up they were not wound up by the members, but by the persons who posed as members and arranged for the assets to be taken out of the district in which they were gifted and used for SPCA functions else where.
This brings me on to the “poverty “which the SPCA pleads this does not take into account the 25 million in The Auckland SPCA Trust.
I note that the trustees are
Mark Vickerman Barrister
Bob Kerridge Former director
Benjamin D’Arcy Palmer Life line director
Gordon Trainer current director SPCA and sole director of SPCA Aotearoa Limited
Donald Brian Bendall accountant
While small SPCA’s struggle on this massive pot of money is increasing annually should some one not see where this money comes from, are these bequests which are being made from all over the country and ending up in the coffers of this trust which appears not to share. Given the confusion that you yourself have introduced in the companies register as shown above it is of no surprise that the general public and the lawyers and trustees of bequests are also confused.
The annual report is of significance it shows the trust funds
It also provides this blurb about the donations 1 million a year is certainly generous when the income form legacies is well in excess of this
and what is up with SPCA Aotearoa Limited formed 30 Jun 2014
Why is there no mention of this in the 2015 annual report or the 2016 annual report and why were the societies lawyers not involved in setting it up and just Mr Trainer a director with the SPCA Auckland sole share holder .. Odd I thought
Back to Taupo
Geoff has now called a SGM to give a perception of legitimacy to the resolution to become one SPCA yet in three years has not called an AGM and has actually been obstructive in allowing members to contact each other so that the members themselves could arrange for an AGM and elect a new committee.
It appears that with all these high flyers involved that the SPCA is actually the entity taking over the RNZSPCA branches and its member societies . I personally believe that this is to expand the Inspectorate and enforce the strict liability offences under the act. It will be licence to print money .
At the meeting Andrea, You attempted to strike fear into the gathering by telling the people that as employers of inspectors the individual societies would have to mitigate significant health and safety issues , but why have an inspectorate at all ? the police can be called up on to assist in any instance of animal welfare concerns
It appears to me that this is all about money, the involvement of former Ernst and young Tax accountants and their lawyer friends prove this to me and from a personal perspective I am concerned that funds that have been given to a local SPCA’s for animal welfare in the area are being misappropriated for uses other than for which it was donated. I therefore believe that this is not about animal this is about power and control .
It is not as if the SPCA is broke the money has been shifted side ways into trusts another example is the Waikato SPCA has been closed yet its money has been moved side ways
On the other hand the local branches are being lumbered with financial obligations by the RNZSPCA such as the wages of the likes of Geoff Sutton and work which was previously done by Volunteers.
Waikato has had a trust which had the Waikato branch as a trustee, it was later removed and that trust has been struck off and presumably transferred its funds to a similarly named trust see THE WAIKATO SPCA TRUST and SPCA WAIKATO TRUST BOARD some where in this transaction some $400,000 has been whisked away from the branch see There is profit in animals .. or why is the RNZSPCA restructuring and what is Neil Wells connection. and The Waikato SPCA is being forced to close as it struggles with financial woes.
How much of the 25 million sitting in the Auckland SPCA account was actually given to Waikato , but because lawyers were unaware the money has ended up in the one and only nest egg
I think it is time for a massive audit before you start winding up smaller entities due to financial pressures.
As the person who is fronting this ” amalgamation ” I am asking you Andrea to make certain that it is all above board. There is no rush, by creating urgency you could be the whole country up for one massive financial scam.
I will be happy to publish any explanation you give.
The future of animal welfare in New Zealand hinges on your integrity will you do the right thing ?