Anticorruptionnz's Blog

08/03/2010

What is New Zealand doing about corruption – why is it better to be a fraudster than Question corruption ?

Filed under: corruption,Neil Wells,transparency,waitakere city council — anticorruptionnz @ 8:11 am

Official information request   Simon Power

(the hyperlinks will open the  referenced documents)

Sir

Your ministry of  justice web site http://www.justice.govt.nz/policy-and-consultation/crime/bribery-and-corruption/legal-framework/the-united-nations-convention-against-corruption relates to the United Nations Convention against Corruption  it   states in its opening line

“In December 2003, New Zealand signed the UN Convention Against Corruption, which requires countries to take action in both the public and private sector to prevent corruption.”

The link provided  opens on the united nations page which contains a copy of the Text, I downloaded the English version .

I note that the  issues raised in the convention are right on track to  give me the support that I  would have expected   when I  boldly stuck my neck out in 2006 and  asked  questions about   the existence of a law enforcement  agency  which  had no apparent  visibility ,accountability  and operated in circumstances of  what I saw was  conflict of interest in a public private relationship. I have since proved that that    “organisation”   did not exist  and since then  a lot of covering up has occurred to   retrospectively cover up.

In brief the “organisation ‘is the Animal welfare Institute of New Zealand ( AWINZ ) , it is an ‘approved ‘ organisation   by virtue of section 121 of the anima welfare Ac 1999 .

AWINZ grew out of a concept which Neil Wells  an animal welfare Barrister and  former RNZSPCA  director saw   animal welfare as something  which could be privatised and drew up a  concept in   1996  for  the   territorial animal welfare authority .

This concept intended that for remuneration he would train, supervise control and audit the   council dog and stock control officers to become   animal welfare inspectors nation wide.

To facilitate his venture he wrote the first bill for what was to become  the  animal welfare act 1999 but through the select committee stages   where he was employed as  an “ independent “  advisor , the involvement of territorial authorities   was ruled out .

“ to over come  the legal and policy issues that precluded  local authorities  having an animal welfare  enforcement role Mr Wells has promoted the formation of a charitable trust called AWINZ. The trust deed states that its “principal purpose is to promote animal welfare  ”Paragraph 9 letter from MAF. obtained by official information act

This letter also descries the legal implication and public role of the   “ trust”  and   MAF object to it being  given the approved status.

A year later   AWINZ was given approved status under the act , despite the fact that no trust deed or proof of  existence  had been provided.

MAF and Treasury  had both objected to the application  , but Mr Wells  who had a longstanding political  association the labour party  consulted his  colleague  Mayor bob Harvey( page 8) who at the time was the president of the labour party. Following that the application which the minister had the  ability to approve or decline was placed before the   labour Government cabinet   and approved.

I have proved  that

Mr Wells  manager of Waitakere  city council animal welfare  division  ( where Bob Harvey is Mayor )  contracts to the CEO of AWINZ  – Mr Wells.

AWINZ uses the councils paid staff voluntarily for animal welfare work   and although  the council lawyer claims  that AWINZ does not operate from its facilities Mr Wells claims that it leased for $1 per year.

Awinz also  solicits public donations using a new logo which is  very similar to that of the Waitakere City Animal welfare  division (  refer back to the lawyers letter   AWINZ does not operate from those facilities)

In a recent case a Council   dog control officers ,  picks up  a  dog at  what  I believe to have been at the request of the owner, the dog as sick and had sought refuge under a nearby house  and would not come out.

The  dog control officer  reported the  illness to the  council dog control manager Mr Wells who referred the  animal welfare issues on to  the CEO of AWINZ Mr Wells

The CEO of AWINZ approves the matter for prosecution and passes    the matter on to the AWINZ barrister again   Mr Wells .

The matter is then dealt with by diversion  with a donation to  AWINZ or by prosecution and seeking reparation payable to AWINZ. In this  case reparation was awarded .

I have details of another prosecution and it appears from the Waitakere city web site that there are other prosecutions .

In 2006  Mr Wells   was found to be  the only person  in control of a bank account  in the name of a legal person  by the name of Animal welfare institute of New Zealand  , into which the  donations and prosecutions  funds were deposited. ( yes I do have proof )

Neil Wells and his non existent trust took me too court ,  three people  pretending to   be AWINZ but not having any documentation to prove that  they were , sued me .

For seeking transparency and accountability of this non existent law enforcement  authority  ,  I have been hauled through the courts and   sued , It has  cost me  $100,000  and   another $150,000  is being demanded by  Mr Wells and his lawyers  for costs and an award which was made  for  defamation  where I was  prohibited by the court from defending the matter.

Every time  I told the court that this action was to conceal corruption the court would come down harder on me . No evidence was ever called for and I  was found    guilty arbitrarily and  costs were awarded  against me on the uncorroborated evidence of the man who stood to gain.

The judge even  admitted   doing a Google search  during his deliberations.

The stress has killed my marriage and torn my family apart .I am a former police sergeant and currently a Private Investigator   .

I have  done nothing but speak the truth and  the truth of  the  alleged defamatory  statements  have been proved   .  Truth is  never defamatory .

I have covered various aspects of my case including the use of charitable funds to pursue me through court on my blog https://anticorruptionnz.wordpress.com where this open letter will also be posted

In reading the  document   UN Convention Against Corruption  I note that  in the scenario above   Mr Wells  is a public official   and that these events  would   be exactly what  the convention  intended   to prevent and provide  assistance to people like my self  for  questioning corruption .

Being

Article 33. Protection of reporting persons

Each State Party shall consider incorporating into its domestic legal system appropriate measures to provide protection against any unjustified treatment for any person who reports in good faith and on reasonable grounds to the competent authorities any facts concerning offences established in accordance with this Convention.

Article 34. Consequences of acts of corruption With due regard to the rights of third parties acquired in good faith, each State Party shall take measures, in accordance with the fundamental principles of its domestic law, to address consequences of corruption. In this context, States Parties may consider corruption a relevant factor in legal proceedings to annul or rescind a contract, withdraw a concession or other similar instrument or take any other remedial action.

Article 35. Compensation for damage

Each State Party shall take such measures as may be necessary, in accordance with principles of its domestic law, to ensure that entities or persons who have suffered damage as a result of an act of corruption have the right to initiate legal proceedings against those responsible for that damage in order to obtain compensation.

Official information act request

  1. Why  is New Zealand  one of  17  of the  163 signatories  who have not ratified the  convention .
  2. What is the government doing to ratify the agreement it signed in 2003 .
  3. If the  Government  was  serious about signing the  convention  would  assisting persons such as myself not take the  country one step  closer to ratification?
  4. Why do people such as my self not   get any protection  , assistance or support from the government or courts  fro  questioning corruption ?
  5. What measures have been incorporated into our legal system, or do you intend to incorporate which will provide protection against any unjustified treatment for any person who reports in good faith and on reasonable grounds to the competent authorities any facts concerning offences established in accordance with this Convention.
  6. Why  is new Zealand the only country ,in the  top 10 least corrupt  countries  to have signed  the  convention , which has not ratified the   convention.
  7. How many more cases like me are out there, does this government    seek to silence us or will people be encouraged to speak out  on matters of public concerns.  If we speak out what protection can you offer us?
  8. I can understand that the last  government    had cause to  conceal corruption  being as that they were in my opinion  the most corrupt government we have ever had   and I can see that they  ran secret trusts and  societies and therefore would   have wanted me to   be silenced , is this also the view of the national  government  and what is being done to ensure that  those  who question corruption are not  going to have their lives destroyed.
  9. Why do fraudsters have more rights to  a fair trial than some one who rightfully questions corruption.
  10. I note  that fraudster Warren Pickett was sentenced to 5 years for  20 million  fraud , he will probably get half remission  which means  he will  do 2 ½  years   which means  he   will be inside for  8 million per year .. I wish I was as lucky  I questioned corruption and it has cost  me 4 years  my family and probably in excess of $250,000 , why don’t I get the protection that the  NZ bill of right  should afford me ? Why  can criminals have their matters proved and I am deal t to arbitrarily? Doesn’t that mean that   criminals   get more protection  from the law than those who question corruption ?   What are you  going to do about it?

I hope that  the government can use my particular case as evidence of  how corruption  occurred in New Zealand  and that even though  the  judiciary  were made aware of   the fact that it was corruption I was exposing  that  they were apparently  powerless with our current legislation to  assist in turning this about.

I am now  appealing to the court of appeal , I believe that all it will do is   make more lawyers  rich  but I am going to  fight this to the  bitter end  even if I have to go to the UN myself and tell  them just how New Zealand attains its least corrupt status  because  we firmly stomp on those who  say “ excuse me  sir  but isn’t that  corrupt!”

I like others who are sick of the fraud and corruption which is  so prevalent  despite  the  least corrupt perception, are looking forward to a better   less corrupt New Zealand .. Being top of the least corrupt perception index is great but we must do it with honest means and the perception must not be a total fiction.

I know that many New Zealanders share my view I hope that you do too.

I look forward to your reply and some assistance from the government if  it really is serious about  curbing corruption .

I have copied this to the executive of  Transparency International.  I am some what  disillusioned with the New Zealand branch  who   cover up corruption and  turn those ( like myself )   who can point out   the holes in the system , away – transparency New Zealand is  keeping the illusion  – the perception  alive..  we need to get real

Regards

Grace Haden

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4 Comments

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