News Item this morning Pressure on law firms to do free work
Asking a law firm to do work pro bono is one thing but there is another way which is a win win for law firms and the barristers who are taking legal action through that firm.
It is called funding the litigating through Charitable public funds – this is how it is done.
You have a dark secret which is about to be exposed so you need to find a way to silence those exposing you .
It is deeply embarrassing because in 1999 you had told the minister that your trust existed and that you were in the process of incorporating it but you really got ahead of yourself so much so that you forgot that the “ trust” which you were paid to set up with public funds never actually operated as an “ organisation “
You get law enforcement powers though this “ trust’ but being an independent person you don’t want to trouble the other trustees with things like meetings. Some of the trustees are society ladies and their names look good being associated with an animal welfare group but they are really better at bridge, they don’t understand what a trustee is supposed to do.
So when things get sticky 7 years later and after some ones moggy was illegally euthanized by one of your so called Volunteers who are really council paid dog control officers ,some one starts looking for accountability and finds none.
So when the questions get to tricky and the people are asking embarrassing questions in parliament , from Waitakere city council , MAF and the minister something has to be done to silence those who could blow your whole game and heaven forbid discredit you for your actions.
The people doing the questioning in the mean time have formed a trust in the identical name ( look up ANIMAL OWNERS SUPPORT TRUST previously Animal welfare institute of New Zealand ) and have legally registered it on the register of Charitable trusts . This now proves that you were not being exactly truthful when you told the minister in 1999 that a trust had been formed and was being registered , because it only takes a couple of days to register trust but you know that because you have registered others previously and since.
The society ladies have decided that the whole thing has become too tacky and they don’t want to play any more, there is no record of them having resigned but some how they do put pen to paper and sign the trust deed. Possibly retrospectively … but the date is wrong it is dated three months after you told the minister that a deed existed and 5 months after you told the community wellbeing fund that you had a deed and it is in the process of being registered
Now this trust deed is an agreement between those four people and not any one else, Being unincorporated it has no perpetual existence. Then there is the minor matter that the trust deed says there will be four people now we suddenly have two .. You need to cover up fast- Confusion is always a good tactic .
So another Barrister is approached one who is held in high esteem QSM, former Mayor and had past involvement with animal welfare.
She becomes a “trustee” of an alleged trust, there is no trust deed or proof that she is part of any trust and it is later revealed that she claims to be part of AWINZ some 2 weeks after the legal entity AWINZ was registered. .( see charities commission and click on Wyn Hoadley at the bottom of the page for date of allegedly becoming a trustee )
Then Wyn is made chairwoman and solicits donations which are sent out with the dog registration in Waitakere city using a Logo which is not unlike that on the building where Waitakere city council run their pound from .
We know that the animal welfare Institute of New Zealand does not operate from those premises as the council solicitor has told us at least twice that they don’t.
Then Wyn and another barrister and a JP called Graheme Coutts take legal action after intimidating phone calls by the their lawyers wife .. Vivienne Parre ( Wright ) now Vivienne Holm of Bell Gully failed to have the desired effect. They claim passing off and breach of fair trading …now hang on didn’t Wyn start using that name after the legal entity she is attacking was set up?
They turn down the offer to disuses resolution and see suing as the only way forward , so the other Barrister throws in defamation for good measure because he didn’t like the idea of people pointing out the untruth of the statement to the minister and questioning accountability when it comes to using public funds .
So Nick Wright Viviennes husband gets Brookfield’s to take on the matter and David Neutze puts his name to the statement of claim without checking to see if AWINZ really has a claim.
I have copies of a total of $99638.22 in invoices made out to AWINZ. Now AWINZ is an acronym, it stands for the Animal welfare institute of New Zealand.
If Brookfield’s tried to recover the debt from AWINZ they would fail as at that time there was no trust deed and only those who comprise AWINZ can consent to a debt being incurred , AWINZ could not enter into an agreement in that name and could not sue or be sued in that name. Yet this leading law firm writes invoices out to it.
The chronology goes like this
|27/04/2006||AWINZ incorporated by appellant and fellow trustees Highlighting that there is o other legal entity by that name.|
|3/05/2006||awinz.co.nz web site set up by appellants which states that they are not the same as the Awinz operating in Waitakere|
|10/05/2006||Wyn Hoadley allegedly becomes a trustee of AWINZ but has no trust deed , We are told that Nuala grove and Sarah Giltrap have resigned.|
|1/06/2006||To fund the litigations there is a request for public funds by Hoadley who uses the same logo as on the council building for AWINZ|
|30/06/2006||Brookfields invoice made out to AWINZ See a sample|
|18/07/2006||Statement of claim By Hoadley, Graham Coutts and Neil Wells- Passing off, breach of fair trade and defamation ( speaking the truth – truth hurts )|
|28/07/2006||More Brookfields invoice made out to AWINZ See a sample|
|14/08/2006||Didovich, the former manager animal welfare Waitakere becomes a trustee there still is no trust deed – He is the man who approved payment for the trust to be set up using council funds he also witnesses and gets signatures for the 2003 deed he lost his job at council and Wells took his job .|
|30/11/2006||More Brookfields invoice made out to AWINZ|
|5/12/2006||trust deed signed|
|2006 2007||More Brookfields invoice made out to AWINZ|
|March 2007||A receipt is issued with the now slightly modified logo after I complained to council the word “The” is included|
|1/06/2007||Further public request for public funds|
|2007||More Brookfields invoice made out to AWINZ|
|28/09/2007||The 2005 AWINZ trust becomes a charity|
|2007 2008||More Brookfield’s invoice made out to AWINZ|
|04/06/2008||Email asking for mayors signature on fundraiser|
|More Brookfield’s invoice made out to AWINZ|
|Note : all invoices are made out to AWINZ|
|See a samples here note the first invoice dated 2006 was amended to read 2007 , is this what law firms do?|
The financials posted on the charities web site show that the charitable funds were used for litigation but discussion could have resolved everything why discuss when legal action using public funds can be so effective.
Also refer to the Email asking for mayors and see if you can find proof of the assertions made in that email – where is the income where is the expenditure where is the transparency the accountability?
Please don’t hesitate to contact me if you have any observations .