Anticorruptionnz's Blog

23/12/2009

Chair woman WINIFRED ( WYN) Hoadley

Filed under: corruption,Neil Wells,Nuala Grove,Sarah Gilltrap,Tom Didovich,Wyn Hoadley — anticorruptionnz @ 6:18 am

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

4 Comments

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