Anticorruptionnz's Blog

03/04/2010

Open letter Official information act request and privacy act request Minister of local Government.

Open letter      Official information act request  and privacy act request Minister of local Government.

This week I was told that I could not meet with you with regards to the issues relating Waitakere city council  ,I was told that this would be a conflict of interest with your port folio  and it was suggested to me that I should speak to some  other MP’s out west  even though you are also my   local MP.

The circumstances are that Waitakere city council is allowing their dog and stock control officers  to volunteer their   services  ( council  paid time ) to  an “organisation”  which I believe  does not have any legal standing.

Circumstances

In 1999 , Neil Wells, who is now the manager of the dog pound at WAITAKERE council   , made an application to the minister of agriculture for  a trust (which he claimed existed   , but in reality had no signed deed  )  , to become an approved organisation under the animal welfare act , an act which he himself  had  had significant in put in.  ( he wrote the bill ,  was independent  advisor to  the select committee and legal advisor to MAF )

The “ trust “ for want of a better word was   given approved status, but none of the trustees  had any  legal accountability  because  only one person ( WELLS)  without any verifiable evidence of his ability to act for and on behalf of  the others,  made the application in their names.

And so it was that  the animal welfare Institute, a trading name  purportedly for  Neil Wells, Nuala Grove, Sarah Giltrap and  Graeme Coutts  became an approved organisation  without    checking to see if the  latter three had any idea of the responsibility they were taking on or even consenting to it.

In 2006 I asked who or what AWINZ was, I was promptly sued   to  stop me from asking   revealing  questions.  But it did flush out a trust deed  in fact it  flushed out two  despite   Mr wells claiming in 2000  that here was only one copy and this had been sent to the  registrar for  the purpose of registering the trust  under the charitable trust act  1957  ( this  obviously never happened ) I  do wonder how the original trust deed came to be returned  when the registrar had no record of having received it( only certified copies are sent   usually )

When the   deed surfaced in 2006 Two Trustees allegedly resigned , again this was all hearsay and no  documentary evidence .

A new trustee came on board   again   no  documentation and no signed deed , this alleged trustee was   Wyn Hoadley.

Imagine trying to collect a debt from AWINZ  , who would pay you?  Who would be accountable?

I can assure you that if it was a debt you were collecting  you would  not have  been able to hold any one accountable  except perhaps Mr Wells  who  was the only real person identified in the transaction.

Incredibly then   Three people  who were not the same people as those who were give approved status then sued me ,  to do this  they used the charitable funds  which were raised  amongst other means   by using  council logos and sending solicitation letters  out with dog registration  papers.

Together  with  former manager of animal welfare Waitakere city ( who witnessed the original  trustees signatures)  joined those who were suing me   and  in December 2006 these people formed a trust  which they also named Animal welfare institute of New Zealand.

But these people  using the same trading name  were not the same   “ trust “ as the people  who had  obtained approved status.

Think of it these terms  , if these people had bought a  house ,  the name  which would have been on the  title  would  have been those of the trustees.  Each trustee would have had to have signed the real estate papers and  the transfer papers.

The  trustees who resigned  would have had to have had their names removed from the title  and  any new ones entered onto the title before they could  lay claim to being a trustee holding interesting that property.

I wish to make it clear that we are not talking about a family trust we are dealing with a  law enforcement agency  capable of  seizing peoples pets and prosecuting people   for what in extreme circumstances could  be their inability to afford vet fees.. a law enforcement  agency  which assured the minister that  it  would have accountability to the  public  by virtue  of  its registration  as a legal person by virtue of the charitable trust act.   ( this process takes  a mater of d ay  yet AWINZ claimed to be in the process  from August 1999  to March2000  and by 2006  was still not registered, Mr wells did manage to  register at leats  four other trusts in that same period )

What is more the legislation which was written   by  Mr Wells  was written   with intent to facilitate his  own business venture and   provides  for  “ approved “ organisations  to  receive the   fines  back into their own coffers ( section 171 Animal welfare act).

The inspectors  are not subject to the   vigorous regulations which e.g. private Investigators  who have no  law  enforcement powers at all  are subjected to and  given the fact that the “ organisation “ to which they are accountable  does not  in reality exist  there can  be no accountability at all.

The whole concept of   approved organisations comes from Mr wells a former RNZSCA director, I   have been told that the RNZSPCA paid for his law degree.  He and Mr. Didovich established the  scheme in Waitakere, Mr Didovich is not  well established in the hierarchy  of the RNZSPCA

Official information request  Minister of local Government.

  1. Your office  has advised me that a  public discussion paper is going to be published in February next year. I have been told by SPCA officers that  Dog and stock control is to be privatised ,  Please advise  If this paper  is with regards to the privatisation of  dog and stock control currently undertaken by councils.
  1. As it is obvious that something is contemplated and that  those in the animal  welfare sector are aware of  what  is in the pipe line   could you please advise  if there is a policy which   allows  certain people to become aware of impending  changes  before public consultation has even begun.( and is still so distant )
  1. Please also advise if it is appropriate that some  sectors of the community are for warned about  such policy changes.
  1. The Waikato animal welfare foundation , which  I believe has close connections with  the Waikato SPCA trust  which Mr  Wells  was a foundation  trustee of (  taking  charge of $400,000  of the RNZSPCA’s money)  has  announced  developments  at WINTEC.  Please advise if  you have been communicating with Wintec or any one involved with this foundation  with regards to the facilitation of training for the council  staff   and  others  to  be trained to replace the council  dog  and stock control officers.
  1. I would  like to mention here that UNITEC  tendered for and won the contract  at the time that the animal welfare Act became law, it was no surprise that Mr Wells who had written the act was also lecturing at Unitec and had written the course to   go hand in hand with the act.  Many would say that this is using inside information and it  appears to me that history is about to repeat.
  1. If you believe that it is a conflict of interest to   speak to me  with regards to lack of accountability of the animal welfare  institute of New Zealand   ,its involvement in Waitakere  city and use of the  public funds obtained through council connections, do you then  condone  such practice  or is  it simply that you do  not wish to   be formally aware of the situation  because that would throw a spanner in the works  for privatisation  which I am aware Act supports.
  1. I  wish to draw your attention to  the fact that you were helping me with this mater before  you became  a minister, you disapproved of the  practice then,   has your status as minister made this practice acceptable? Why do you  seemingly condone this action now  when  previously  you were pro active about exposing   this conflict of interest?
  1. Please provide  copies of all documents, correspondence , notes and  jottings  with regards  to and from  any  approved organisation, to and from  Maf , SPCA, RNZSPCA, AWINZ,  training   establishments such as Wintec, Unitec and the Waikato animal welfare foundation   with regards to
    1. Privatising  dog and or stock control
    2. Amalgamating council   dog and stock control with  animal welfare.
    3. Reviewing animal welfare  services
    4. Reviewing dog and stock control services.
  1. What cost benefit analysis  have been undertaken  and what conflict of interest precautions do you  have in mind.

Further   as per the provisions of the Privacy act    I would  like you to supply all correspondence which  the  minister of local government  and  his department  holds which pertains to me personally  and to my company Verisure Investigations Limited.

And I was  also wondering if you could please provide me with some inside information too so that I can set up a business venture based on   information which is not yet in the public realm so that I can be ahead of others   in the tender process.. I do believe that this is an equal opportunity country  if it  good enough for some   to be in the know  then it must be good enough for all .

I will be posting this letter and   the reply on my Blog   at https://anticorruptionnz.wordpress.com/, I hope you can treat this reply with urgency so as not to keep the readers, which will include all SPCA’s and local bodies ,in suspense.

Regards

Grace Haden

Phone (09) 520 1815
mobile 027 286 8239
visit us at  www.verisure.co.nz

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1 Comment

  1. […] an approved organisation without checking to see if the latter three had any idea of the …Continue Reading… Cancel […]

    Pingback by Open Letter Official Information Act Request and Privacy Act … — 04/04/2010 @ 9:29 pm


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