Today I received the much awaited reply from Waitakere city – the letter where by AWINZ relinquished its approved status.
the letter signed By Wyn Hoadley as Chair person . It is interesting as it states that the trustees met with senior Maf officials on 11 August and gave notice of their intention to give notice to the minister . cf audit report
Wyn was appointed to the National Animal Ethics Advisory Committee (NAEAC) in August 1999, which was just months before AWINZ applied to become an approved organisation. She was not a trustee of AWINZ according to the original deed which was allegedly signed some three months after the deed was claimed to be in existence
The” trust “ never incorporated and in 2006 Nuala Grove ( whose husband I believe was a former Judge ) and Sarah Gilltrap ( whose husband is Richard Giltrap of Giltrap Toyota) “resigned” this meant that the trust which requires no less than 4 members (according to its deed ) now had 2 .
We formed our trust on 12 April 2006 and incorporated it on the 27-APR-2006.We called our trust the Animal welfare Institute of New Zealand our successful registration proved that the statements made in the application to the minister and the subsequent correspondence was false as to the claims of incorporation. ( and so was the application for funding )
On checking the charities register the filed documents as to who is who on the unincorporated AWINZ trust ,shows that Wyn Hoadley became a trustee on 10/05/06 this was over two weeks after we had incorporated our trust.( ours being an entity in its own right through incorporation )
Despite the requirement of 4 trustees and the requirement for them to be at least bound by a deed, there were now three “trustees” on the trust which used the trading name Animal welfare institute of New Zealand . Wyn and Two others took action against us for Breach of fair-trading. And passing off, even though Wyn and the other two had never traded as AWINZ and had “formed” their Trust ( without any documentary proof) they took action against a legally constituted entity for the purpose of forcing us to give up the name so that they could legitimise the shaky ground they were on.
Now we were legally registered and had IRD donee status. They were but a trading name for three people who did not have a trust deed. When I started blowing the whistle that they claimed to have donee status and did not they hurriedly applied to the charities commission and found themselves wanting for a trust deed.
Tom Didovich who had been involved since the beginning was called in and a new deed was drafted ,
Tom Didovich is the former manger of Waitakere city animal welfare who had commissioned law reports to facilitate set up of AWINZ and corresponded with MAF on behalf of both North shore and Waitakere cities to pave the way for AWINZ to be approved .This deed was signed on 5 December 2006.
Unincorporated trusts do not enjoy perpetuity, and there are serious legal issues surrounding the claim of one AWINZ claiming to be another. An unincorporated trust can only sue or be sued through its individual members and so you could never sue this AWINZ as without sighting a deed there was no accountability. No trust deed was on record prior to June 2006.
In Mid 2006 Wyn put her name to a fund raising flyer, I phoned her and expressed to her my concerns about being sued. I asked if the trustees form her trust and the trustees of ours could meet with view of resolution. Her reply was simple “ I am not the messenger “
Wyn has been fully aware of the court action against me and has supported it even turning up at court one day with her purchases from Smith and Caughey . She is a barrister and I am disappointed that she has supported this action and I cannot believe that a barrister would not know of the finer details of the legalities of trusts or at least if so closely involved take the time to find out.
Barrister Wyn Hoadley is an Auckland Regional Councillor and chair of its finance committee. She is a former North Shore City councillor and was mayor of Takapuna City from 1986 to 1989. She is patron and trustee for various North Shore performing arts, sport and community organisations.
She holds the New Zealand Suffrage Centennial Medal 1993 and the New Zealand 1990 Commemoration Medal and is a Companion of the Queen’s Service Order for Public Services (QSO).
Wyn Hoadley Like Neil Wells and Mayor Bob has labour party roots .
Tom Didovich had to leave his Waitakere city job because of a personal relationship with a staff member. Neil Wells took over his role. Tom then obtained work with the RNZSPCA where he has had various roles and is now SPCA NZ National Branch Support Manager
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