What is AWINZ
AWINZ is a private SPCA type organisation which has its roots in a concept established by Mr Wells in 1994 when the concept of a public private partnerships first emerged.
It currently operates in Waitakere city claiming to be a charity , It is a name which has had a number of people associated with it but in reality is no more than a trading name for person or persons unknown.
Neil Wells the manager of Animal welfare Waitakere city, a public service role contracts effectively to himself for the services of AWINZ . the council staff at animal welfare give their paid time” voluntarily” for animal welfare work which is performed using council cars, from the council facilities and using council resources. All AWINZ does is collect the donations from the public for this service which is effectively being paid for by the rate payers.
Origins of AWINZ
Neil Wells has a background in animal welfare , he is also a barrister , he used to head the RNZSPCA but decided to set up a SPCA type concept which was a private enterprise which he headed.
His original concept was a nation wide territorial authority animal welfare service as set out in this document . It sets out his business venture which he was in control of.- it is a nationwide concept where by Dog control and stock control officers who perform the legislative duties for territorial bodies( councils ) are trained, supervised, controlled by Mr Wells for a fee, to become animal welfare inspectors. At point 7 he sets out the costing which in 1996 was $2500 and $1250 per annum there after per inspector .
After lobbying for a new animal welfare act , Mr Wells offered to write it and introduced into the no 1 bill the concept of using Territorial bodies . Had this been successful this would have facilitate his business enterprise as above.
There were objections to local government being involved in what was seen to be a central government role and a second Bill was introduced, the two bills were read together and during the process that the bills were passed into legislation Mr. Wells was employed as an independent advisor to the select committee.
A pilot programme had already been introduced at Waitakere city in 1994 which was to run for a short period but continued on into an “interregnum” phase ( it has never been established if this was done with the sanctions of government or simply overlooked.)
Who is AWINZ
To overcome the hurdles, introduced by the objections of local government being involved in what was seen to be a central government role , the concept of a trust was introduced by Mr Wells and had various suggested names , trustees and concepts .
11/01/1996 Territorial authority Animal welfare services a trading name for a division of the trading name which Mr Wells was using at the time.
Jan-98 National animal welfare trust board Proposed Trustees Neil Wells ,Waitakere city council and councillors
early 1998 Waitakere Animal Welfare Trust
Late 1998 AWINZ Waitakere city council and un named trustees
Late 1998 Neil Wells recruits Nuala Grove , Sarah Giltrap & Graeme Coutts to be trustees and is paid for it by the city through tom Didovich see copy of the invoice
In 1999 AWINZ which is later ( in court) alleged to be an “oral “trust makes an application for funds & an application to the minister of Agriculture . In each of these documents a claim is made that the trust exists by way of trust deed when the reality is that no trust deed existed at that time. A statement is made in both and confirmed in the first document in Hand writing that the trust is being incorporated.
In 2006 we questioned the existence of AWINZ when no trust deed could be found or evidence of incorporation . We incorporated a trust with the identical name which brough attention to the falsehoods in the application and after nearly 7 years of not incorporating the trust or having a visible trust deed it was now so urgent that they could not meet with us to resolve the issue and needed to sue us to force us to relinquish the name.
A trust deed materialised in 2006 and later a second deed appeared which was in contradiction to correspondence which I had received from Maf. The trustees allegedly signed the deed 1/3/2000 when Tom Didovich the manager animal welfare Waitakere drive to them and collected the signatures. I have long wondered why this was not done at a meeting of the trust board.
Trustees were Neil Wells ,Graeme Coutts, Sarah Giltrap and Nuala Grove, the deed required no less than 4 trustees.
2006 On discovering the identities of the trustees I phoned them and asked them about their trust, Graeme Coutts said that they had never met because they were not that type of trust, he then said he had to check with Neil before he could speak to me further . I never got any more from him and Nuala Grove and Sarah Giltrap through Neil wells claimed that I had harassed them, when all I had done was phone them and asked them if they were trustees.
Nick Wright and ex wife Vivienne Parre
I was intimidated by Vivienne Parre , wife of Nick Wright who later was to take the matter to court as a solicitor for Brookfields. Parre did the work pro bono according to an email sent by Wright but despite this the costs in court were crippling .
The statement of claim which had no supporting evidence was filed by David Neutze and the plaintiffs calling themselves AWINZ were Neil Wells ,Graeme Coutts and Wyn Hoadley.
These people were less than the four required by the trust deed and Wyn who with the others claimed that the trust we had incorporated in April 2006 was passing itself off a the trust which she had joined in May 2006 ( but had no trust deed to prove that it was more than a fiction )
Hoadley , Didovich, Wells and Coutts sign a trust deed on 5-Dec-06 and now claim to be the same trust as the one which was granted the approval as an approved organisation.
This requires some explaining.
A person or an incorporated group can own property. They can also sue and be sued and through the various legislations those which are not natural persons are registered with the ministry of economic developments .
Those bodies which are registered can have some one act for and on behalf of the “ organisation.’
Trusts are one of those weird things which can be incorporate or unincorporated. If a trust is unincorporated they have existence only through the trust deed which the trustees have signed , they often pick a name which may or may not be unique and the trust is effectively invisible except for the deed which is some where.
If an unincorporated trust buys property the name of the trust does not appear on the title but the names of the trustees do. The same occurs when an unincorporated trust owns a company, only the trustees names appear on the share holders list.
If an unincorproated trust enters into a contract it is actually the trustees who enter into it unless they have a document which authorises some one to act for them , this was never the case with AWINZ and such a document was never sighted by Central government before allowing one person to make an application on behalf of a group of persons.
If an unincorporated trust sues they can only do so in the names of the trustees. In this case the alleged trustees who sued me were Neil Wells, Wyn Hoadley and Graham Coutts who at the time did not have a trust deed or any proof of being a trust.
The action taken against me has been a legal process taken for an improper purpose- the lawyers involved had a duty to ensure that the proceedings were being taken for a proper purpose and that the people making the claim could do so .
No evidence has ever been produced and through manipulation of the court process Nick Wright from Brookfields has obtained a verdict against me by introducing prejudice into the court by calling me vindictive etc and diverting the court from the lack of facts.
More on dirty legal tactics later.. this entire scenario is proof of how dangerous it is to question corruption in NZ the lack of support and the penalties for speaking the truth.