Anticorruptionnz's Blog

02/02/2010

Where MAF missed the point

They could not have opened an account  or obtained a loan  but  MAF and the minister gave them law enforcement abilities. .. A secret well worth  protecting.

While it appears that MAF went through the motions of due diligence in approving AWINZ as an approved organisation under the act , they never checked out the  most vital details –

DOES AWINZ EXIST IN A LEGAL FORM? – no it does not   the trust is set up in the  structure which is normally  used for  family trusts , the structure  it has is not suitable for a trading  entity let alone one which has  law enforcement capabilities.

Incorporation makes the trust  a “ legal person’  capable of acting  like a natural person.

Without incorporation only the natural people can act- this is well set out   in various official documents and acknowledged by any one who would expect accountability .

1. characteristics of different legal structures Ministry of Social Development; Department of Internal Affairs sets out the various structures

2. Companies office because the trust does not have its own legal personality the trust’s details are not presented in its own right. Where an unincorporated trust is either a General Partner or a Limited Partner of the Limited Partnership the details of the trustees must be recorded A Limited Partner can not be an unincorporated body hence the reason for providing details of the trustees.Only the Trustees of unincorporated trusts  can hold shares.

3. Trademarks Section 183 of the Trade Marks Act 2002 provides that:  No notice of any trust may be entered in the register, and the Commissioner is not affected by any such notice. Pursuant to this section, an application may only be made in the name of a trust where the trust is incorporated (for example under the Charitable Trust Act 1957).Where an application is filed in the name of an unincorporated trust, IPONZ will require the applicant to amend the name to that of the individual  trustee(s) of the trust as it is the trustee(s) who legally own the property, not the trust itself.

4. Societies A society that is not incorporated cannot sue or be sued in Court.  Any Court action would either be taken by, or against, the members individually.   An unincorporated society cannot own property or enter into contracts.

5. Land transfer the names of the trustees   not the trust appear on the  title. Each trustee has to sign to make any transfer valid.

6. unincorporated groups- How-to Guides – Community Resource Kit The rules of an unincorporated group will derive from an agreement between the members or an implied agreement based on past practice, or both. But as an organisation, it will have no particular legal status.

7. Unincorporated charitable trustcommunity resource kit–  this may be used where someone sets up a trust to provide funds for a particular cause. They have the limitation of any unincorporated group and are not recommended for an ongoing community group.

8. Resource consent Waikato –partnerships and unincorporated entities (such as private or family trusts or unincorporated societies) we must have the details of all authorised partners, trustees, members or officers. We may also request a copy of your society’s rules to verify your status as a formal body or society.

It should be noted  that The charities commission however is not a register for entities  and  is only a register for charitable purpose  it states

Can an unincorporated collective be registered as a “Charitable Entity” under the Charities Act 2005?Yes.  An organisation does not have to be a legal entity to register with the Commission.  The Commission expects most organisations that meet the charitable purposes test will be either:
1, a trust, or
2, a society or institution
but not necessarily an incorporated trust, society or institution

DOES AWINZ EXIST AS  LEGAL PERSON AS  IMPLIED   IN THE APPLICATION  AND SINCE.– no it does not  much has been made of the requirement to be incorporated  and  by being incorporated the  trust  would have had perpetual existence and would have been a legal person in its own right. The manner in which  AWINZ has been represented both to MAF and to the court is as though it is incorporated.( which it is not )

It takes a very short time  to incorporate a trust Mr Wells incorporated two other trusts  only one month before he claimed  to MAF that he was in the process of incorporating  AWINZ.

National animal welfare trust board application 17 June 1999 registered  28 July 1999

Ark angel trust board application 17 June 1999 registered  28 July 1999

So why did he  claim to    MAF  22nd august 1999 the  minister22 November 1999 , and  in the application for funding 28 October 1999 that   it was being incorporated  when he knew that he needed a trust deed and quite obviously  there was not one? (Please note a copy of  the  notice of intent docs are attached to the  funding application)

What would happen if such a declaration was made for the DPB?  Why is this statement acceptable from Mr Wells and being defended in courts and by Government department as  being an acceptable   statement to make   with regards to setting up a law enforcement agency?

DOES AWINZ HAVE A TRUST DEEDthere are two trust deeds   for two groups  of people using the name AWINZ  one dated 1st march 2000 some  7 months after the  first claim that   such a deed existed. ( this is based on the assumption that the deed was not retrospectively signed in 2006  when MAf  first realised because of my actions  that there was no deed on file and had never been sighted. ) and a second on 5 December 2006, this  second trust has a different purpose  from the first  and  added the word the to the name.

ARE BOTH THE AWINZ TRUSTS WITH A TRUST DEED  THE SAME No  only the first trust  was the one  which  MAF and the minister considered when “ approved” status was   given.  The trustees of the second trust have no formal obligations or agreement   to  the  legislative powers of the   first group, and have adopted this role only by implication and assumption.  There is nothing in writing in which  Hoadley, Didovich  or Coutts   have agreed to  the  legislative responsibilities. Only Wells has   signed the MOU with MAF with no evidence that he  had the consent of any other person to sign for and on behalf of them.

It has to be debatable therefore that  the second group of people can ask the minister to relinquish their approved status, for they do not have one.

CAN ONE PERSON REPRESENT  THE OTHERS IN THE ABSENCE OF ANY  EVIDENCE AT ALL– No  for a person to be legally responsible   for  something  there has to be  an agreement from that person . It is usual to ensure that

1. That person exists.

2.They are who they claim to be ( usually with some sort of ID )

3. They  are aware of their responsibilities

4. They  consent to it their involvement

Did MAf  check this  out.. apparently not !

DOES AWINZ HAVE  PERPETUAL EXISTENCE IN ITS OWN RIGHT TO ALLOW  TRUSTEES TO COME ON BOARD AND GO . No  AWINZ is but a trading name   it is  not a name which has been registered any where  as  an entity in its own right ( legal person )

WHAT IS UNTRUE IN THE APPLICATION There were many  false claims in the   application form for approved status  as follows

1. Name of applicant: Animal welfare institute of New Zealand – there was no legal person or natural person by that name therefore a non person cannot be an applicant.

2. Registered Office: 1156 Huia Road-  this is Neil Wells residential address the  address was not  that of a registered office for AWINZ because  AWINZ was not registered  it was  but a name.

3. Relevant information – contained specifically in paragraph 10 – Paragraph 10

a. 10.3. Has any one seen accounts back to the date of this application, Wells maintained in court that the institute had no accounts and Waitakere claimed that no start up funds had been provided.

b. Because the institute will be registered under the charitable trust act 1957-this never occurred even though he had maintained since  August that  this was  happening.( he had incorporated two  trusts  by this method  just one month  earlier)

c. 10.8 the Waitakere city animal refuge  will be the deemed place of custody- Waitakere City  denied that  AWINZ operated from  their  facilities , Wells in correspondence to MAF claimed it was  leased for $1 per  year.

4. Application made by : Neil Wells Trustee- no trust deed existed

5. 2. Function of the Institute-It did not exist   it had not functioned, there was no trust deed and it was not   and never was in the process of being registered under the charitable trust act.

6. The principal purpose of the institute is to promote the welfare of animals– how can something which does not exist have a purpose?

7. 5. Management systems -The integrity of the system will be maintained by

· Memorandum of understanding MAF and AWINZ –this is not worth the paper its written on as AWINZ does not exist and cannot enter into contracts.

· Performance contract between AWINZ–this is not worth the paper its written on as AWINZ does not exist and cannot enter into contracts.

· Memorandum of understanding between inspectors employers and AWINZ-The inspectors employer is Waitakere city council , no one  in authority  from the council, i.e. the executive signed such an agreement. Tom Didovich the then manager Animal welfare division signed for and on behalf of North shore city and Waitakere city.

8. 7. Linked organisations – there is no evidence of the claim that the public assets of Animal welfare services Waitakere will be vested with AWINZ, and there is no evidence that this was ever put   into an annual plan.

a. Waitakere city  animal welfare service, contracted and won the dog control  contract for North shore, it is misleading to say that it took on  animal care and control.  This was the name which Didovich and Wells gave to the dog control service.

b. “Longer term the institute will compete for territorial animal control services “- this is inline with the original concept which Wells had in 1996- being the Territorial animal welfare services, which was also to be a trading name for himself.

9. 9.Legislative  Requirements – the  criteria  are set out in statute section 121 animal welfare act  and require the full name of  the applicant – a name  which has no  legal standing on its own cannot be  an applicant.   It therefore also follows that if it does not exist and as I am told ,the trustees did not meet.. Then it cannot have a purpose and cannot meet the criteria of the act. – I  personally believe that at all times AWINZ was  a trading name for Neil Wells

a. See also the correspondence with regards to the Lord of the rings, the American Humane association again only dealt with Neil Wells.

b. Until I questioned the existence of AWINZ in 2006 no other person was visible. We incorporated a trust with the identical name to prove that  AWINZ did not exist. Wyn Hoadley  claimed to be a trustee  commencing  two weeks after we had been registered  and then claimed that we were using the trading name with which she was associated.

c. Wyn Hoadley was pushed to  the fore as” chair person “ she  was not a  trustee by any other  means than by inference and  had not signed a deed. Wyn and Didovich are both part of the cover up , Coutts I believe is   dangerously ignorant  and the man is a JP .

WHAT PROOF IS THERE  THAT THIS IS NOT JUST A MISTAKE AN OVER SIGHT ON THE PART OF MR WELLS?

1. The court on the basis of Mr Wells  evidence  claimed  that “ he got ahead of himself “ Had the court seen   the full evidence I doubt if this conclusion  would have been reached.

2. Mr Wells in correspondence to the council pointed out the requirements of the trust being incorporated  these documents are

a. It is proposed that the “National Animal Welfare Trust of New Zealand” (which is referred to later in this document) is established under the provisions of the Charitable Trusts Act 1957.

b. The name of the trust needs to be approved by the Registrar of Charitable Trusts in the Ministry of Commerce.

3. It takes a very short time  to incorporate a trust Mr Wells incorporated two other trusts  only one  month  before  advising MAF 22 /8/199  that  the trust was in the process of being incorporated

· Ark angel trust board application 17 June 1999 registered  28 July 1999

· National animal welfare trust board application 17 June 1999 registered  28 July 1999     Please also note that  national animal welfare trust  was the name of a proposed name for  the trust  he was  trying to initiate with Waitakere city council in 1998   National animal welfare trust  board

WHAT FURTHER FALSE REPRESENTATIONS WERE MADE

Assertions made in applications  and correspondence as to incorporation “A charitable trust has been formed by Deed of Trust as the “Animal Welfare Institute of New Zealand” (AWINZ). It is being registered under Part II of the Charitable Trusts Act 1957. The founding trustees are:

• Nuala Grove

• Sarah Giltrap

• Graeme Coutts

• Neil Wells

1. 22nd august 1999  notice of intent to MAf ( copy of proposal below at point 2)

2. Application to community well being fund page 2  of the attached proposal   and in writing on point 1.8   document date 28 October 1999

3. Application to minister for approved status

In correspondence to MAF assertions were made with regards to the progress of  incorporation , see the full version

It is interesting to note that when the full version  was obtained  there was an item  which read

MAF would appreciate a written assurance from the Waitakere and North Shore City

Councils that they have the legal power to spend money derived from rating on animal

welfare (by paying inspectors when they undertake animal welfare work). This considered

necessary as the evidence you have provided suggests that the Council’s staff will be

delivering animal welfare services at the Council’s cost, with the Councils also providing

facilities to meet the requirements of section 141 and 142 of the Act.

This  was apparently satisfied By Tom Didovich the manager of the animal welfare division  when he wrote these two letters on behalf of  the councils Waitakere letter North shore  letter

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