How to get your litigation funded through the public purse

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.

After  I had received what I considered to be  intimidating  phone calls  by their legal representative* ,( purportedly  a law clerk , according to evidence from the law society at the time ) who they instructed  and made threats against my private investigator’s licence if we did not change the  legal name of our trust  ,Wyn  and  Neil Wells and a JP  called Graeme Coutts  together take  legal action as AWINZ   despite the fact that they have no evidence at all of  having ever  existed  as a trust together or having any legal standing  . Despite this 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?.. *Question  why would two barristers instruct a  Law clerk   and  why is this such a sensitive matter so as to require defamation action  some 8 years later  ? 

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  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

Date	Event
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
	total Invoices	99638.22
	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 .

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