The first indication I had that the select committee had finished its report was the article in the Sunday star times by Sarah Harvey
Alarm bells rang when I noted the bit where it said “there are currently just five fulltime Ministry of Agriculture and Forestry (MAF) inspectors.” this may be so but there are a lot more than 5 inspectors .
The act specifically refers to inspectors as being appointed under section 124(1) or section 124(2); and includes every constable
Section 122 (2) provides for approved organisations and as such the RNZSPCA and AWINZ are approved Organisations and can, and do recommend persons for appointment as inspectors.
The RNZSPCA has under its umbrella , its various branches and the SPCA and it appears anything which has the letters SPCA in the name can have inspectors approved through the RNZSPCA .
AWINZ itself has about 10 inspectors but the catch there is that AWINZ does not legally exist – it is but a name which an ever changing combination of persons have used, some have had a trust deed others have not, but it has never stopped any one from claiming to be AWINZ- or pretending that it is a legal person in its own right !.. I advise you not to ask about it – I asked in 2006 why AWINZ didn’t exist and they have sued me ever since using over $100,000 charitable funds.. so don’t tell me there is no money for animal prosecutions.. They could sue me ,financially cripple me ,destroyed my family for a simple question of accountability… so much for concern about animals they have no concern about humans- they have treated me most inhumanely .
The Police too are inspectors under the act but I was with a friend a week or so ago when the police were still investigating a brutal sexual assault on children then aged 14 and 15-years-old by a known offender- their father . We were advised that the matter would be another 6 months away before charges were laid and court in the event of a Not guilty would be a further three years. the 15 year old will be 21 then lets keep the wound raw!!! –Animals can be put down.. these kids have to live with their abuse and justice for them is not swift either .. they are walking away from it as it is simply not right to have this linger for that obscene period of time.
And while I sympathise with the costs of prosecutions little has been said about the ability for the prosecuting “ approved organisation” to recover costs section 171 of the act allows for this. I know that is done because I have details of an AWINZ prosecution incredibly it received reparation for vet services which Waitakere city council paid out for. .. yes I have the evidence.
Neither is the RNZSPCA short of funds ,I have taken time to see what assets the RNZSPCA, its branches and its member societies hold , it is substantial , there is no reason that some of the “ investments ‘ can’t be used as a prosecution pool which is repaid and replenished after prosecutions.
But there are stranger things afoot as in the in the case of the Waikato branch of the RNZSPCA where some $400,000 have been siphoned off through use of trusts , name changes and transferred to another entity which is now going to use it for a building project using another bullshit name for another secret trust – again the same of the players of AWINZ are involved.
In looking closer at the submissions which had been placed before the select committee and the advice which it was given ( these can be located on this page at the parliament web site follow the links · View all advice · View all evidence (including submissions) to obtain the individual documents.) I feel that the committee considering the legislation appears to kept in the dark and I can see why my submission had to be removed.
My submission would have brought too many questions out and issues which have now conveniently been circumvented. E.g. Questions raised are answered but not completely. ( I have had 4 years of this from MAF and Waitakere city ) There is no indication given at all that AWINZ and the RNZSPCA have undertaken prosecutions and the number of inspectors that each have, these I believe are material facts .
I wonder too if the select committee had the advantage of an independent advisor like they had last time? See article How to write legislation for your own business plan
Mr Anderton is aware of AWINZ , he was minister when I questioned their existence and the lack of accountability , he appears to have condoned it , even after I pointed out that MAF did not have a trust deed on file and there was no evidence of any one other than Mr Wells ( the witer of the original legislation ) having consented to becoming an “ approved Organisation”
Of further concern is the structure of the RNZSPCA and SPCA. While it is true that the RNZSPCA has a MOU with MAF ( as did AWINZ ) the RNZSPCA has a number of branches and member societies , the agreements between these bodies are not of public record and it appears from the recent example that the back door to appointment of Inspectors is wide open.
Bearing in mind that these people enforce the law and have powers of search and seizure the chain of command is very loose indeed.
I still maintain that before we look at greater penalties we have to look at our ability and quality of enforcement while keeping it consistent with the penalties , rights and abilities to have matters pertaining to cruelty to Humans dealt with , we cannot even contemplate doing that when the wheels within the animal welfare are so buckled.
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