Anticorruptionnz's Blog

21/10/2012

AWINZ new evidence

Open letter to the minister of Primary Industries and  Minister for Local  Government.

Sir

AWINZ  operated from the premises of Waitakere city council in a manner where it appeared to be a CCO , it used council databases, vehicles , infrastructure, plant and  personnel for private pecuniary gain. It also attained  approved status under the  animal welfare act in a situation which was considered by MAF  at the time to be ultra-virus  and in a manner where council  officers were cut out of the loop.  While council denied that  it existed on its premises MAF were of the belief that the Council premises had been leased for $1 per year.

With the on-going saga of Animal welfare institute of New Zealand (AWINZ )  I have been  putting together a chronology of documents which I have obtained under LGOIMA and OIA over the years  and in reading each in detail  I  have found  more documents   which shed  light on the issue.

Both MAF and  Council have not acted responsibly in investigating this matter properly .

Since these documents  came from your own  department MAF and from a local body ( Waitakere council ) it will not be difficult to  verify  everything I claim.

First of all it appears that Mr Wells was able to meet with ministers and high ranking MAF officials on a regular and  “ off the record” basis. I on the other hand can’t even get near my local MP and when I do  he  totally ignores the issues I have raised. He also had undue influence within  council and circumvented the  normal processes.

I have had 6 years of being fobbed off  but have a ton of evidence which supports my allegations but no one is prepared to look  at them.

To that end I respectfully request that I could meet with you or an investigator / lawyer appointed   by you  and  detail the  evidence which I have collated which  shows that the Minister  at the time and therefore the crown  was deceived  in the application for approved status for AWINZ.

To  help you make the decision to appoint an investigator / solicitor   it may be  appropriate for you to  look  at the  attached documents.

The document 13 nov 2008.pdf  was  written by MAF solicitor joseph Montgomery  , it is in response to a question raised by Neil wells as to  whether or not Waitakere animal welfare can be an approved organisation. The reply is that Animal  welfare Waitakere  cannot be   an approved organisation as it is not an “ organisation “  as intended by the act.

Since Mr Wells could put such questions to MAFs solicitors for  a legal opinion I request that   I may have the same privilege extended to me.

I f the following could be put to  either crown law or to   the MAF solicitor it may  help you see this matter   clearly.

My question is  In view of the following evidence   is “ could  AWINZ have been an approved organisation? “

On 22 November 1999 an application for approved status  was made   as attached. You will note  that this is the “ application”  which was relied upon by the minister at the time  which subsequently led to  AWINZ becoming an approved organisation under the act. See paragraph 3 18 december 2000.pdf

  •  This application  contains a blank trust deed.
  • The application is made in the name of an alleged  trust  but  the application itself has not been signed by any person .
  • Evidence obtained at a later time  proves that  no trust deed existed on  22.11.1999 and the statements  contained in the application were false  . trust deed.pdf
  • The  name of the applicant   could not   have been  the animal welfare institute of New Zealand  as  this name was not defined and no legal person  using the name other than as a trading name existed.  No person using the name as a trading name was identified.
  • No subsequent applications were received and Mr  Wells gave a number of assurances  that the trust existed but avoided providing a deed.
  • Since the very nature of an  unincorporated trust means that the trust is only represented through its trustees,  there would have had to have been applications made which show that each and every trustee consented to the application for approved status and accepted  responsibility in their personal capacity.
  • Mr Wells was the only person involved in the application, He did not even sign the application but signed the  covering letter  claiming that he was a trustee.  Significantly I have located a  business plan which Mr Wells  drafted in  1996 (Territorial authority Animal welfare services.pdf) and shows the format which eventually  became AWINZ  and that this was about personal profit. The business plan  applies to AWINZ if the name  territorial  authority animal welfare services is substituted. And shows mr wells propensity to using trading names
  • Individuals could not be an approved organisation , It is therefore a reasonable assumption that  he wished the  minister to  believe that an organisation existed as individuals could not  be an approved organisation.
  • No verification of the existence of AWINZ was ever carried out  by MAF or the minister  and in  the audit in 2008 it was noted that AWINZ  operated seamlessly with Waitakere city council ( page 2 )
  • A lawyer versed  in company or trust law will be able to advise that  an entity which  has no independent legal existence cannot enter into contracts  , only real or legal persons can enter into contracts  and as such the MOU entered into    between MAF and  AWINZ was not worth the paper it was written on
  • Throughout  the application process MAF expressed their concern that the council becoming involved in animal welfare work was  not lawful , I was given documents which were edited BY MAF , I was fortunate enough to   find documents   at Waitakere city  which  had not been edited and from these documents the  edited comments  were  shown to be   as follows.
  • Crown Law has advised MAF that the Local Government Act does not allow a territorial authority to fund an animal welfare organisation or employ animal welfare inspectors.
  •  A territorial authority may employ staff only to perform its functions as set out in that Act and may only spend money on matters expressly or impliedly authorised by statute.
  • Crown Law considers that if Parliament had intended a territorial authority to have an animal welfare role then the power could be expected to be found in the Local Government Act or other legislation.
  • I believe that the opinion given by Crown Council is detailed and persuasive and raises an  important matter of public policy.
  •  I would need to consider whether I should approve a proposal given that I am advised that to do so would be contrary to the law.
  • Whether or not we approve AWINZ should stand on Its own merits ie I am not keen on the Government entering into an agreement under S37T to legitimise something that is not a l ready legit “
  • If the  crown were  to enter into an agreement with TA and with AWINZ that  would be recognition  that work was being undertaken on behalf of the crown  should it  come to pass that the TA was held not able to undertake the activity from its funds  the crown would be left with a potential claim against it.
  • etc
  • The crown law office gave a legal opinion  saying that AWINZ could not have law enforcement authority and Mr Wells obtained an opinion through  the council dog control manager ( who is not a trustee f the cover up trust ) Wells told MAF   at the time  that he felt  that he could have gone to the council lawyers  but  chose to  go to Kensington Swann, this stamen makes me suspect that  the council  lawyers were deliberately  circumvented  . It also appears from the  documents I obtained that  that  Mr Wells   probably influenced  the  Kensington Swan legal opinion  as significant changes were made to the draft sent back to  Tom Didovich   manager Waitakere   dog and stock control  who routinely   consulted Mr Wells.
  • Maf  when facing the conflicting  legal opinions stated  “A definitive resolution of these conflicting legal opinions should be decided in court”

The conflicting legal opinions were never tested, Mr wells at this time  met  with the president of the  Labour party  Bob Harvey and from  that point on  the   approval for AWINZ to become a law enforcement authority went before caucus and was approved by the minister  despite opposition by treasury and  MAF  .

AWINZ  was  not an organisation   and never functioned as an organisation . When I  asked questions as to its lack of existence  in 2006 Mr Wells called a meeting  the    meeting  notes  came to light in 2011 , despite an audit report   by MAF in 2009 recording that all governance documents had been destroyed in a computer crash .1.6  page 7  & (4.1.3 Record keeping)

The meeting minutes AWINZ MEETING MINUTES  10-05-06   show  that in 2006  the  deed which MAF had never received a copy of  was again missing.

It a had been  missing  on   25  march 2000.    When Mr Wells reported that he could not send a  copy of it to the minister as it had been sent off  for registration bottom of page 6 ( also note that  the deed  does not have a section 20(a) in it and  originals are never sent. )

However  when the matter came to court in 2008 there were two trust deeds  this happened after a judge had shown disgust in a copy which had been presented to the court but which looked nothing like the  copy  which I had been sent by  the alleged trusts  lawyers  trust deed.pdf   , and indeed there are now two trust deeds  the copy which MAF has  is different to the copy which I was supplied with. trust deed MAF  version

I have been conveniently made out to be the villain in the piece ,  I did not mean to question corruption but  I  asked simple questions as to why council  dog control officers were volunteering their time to  an organisation which was so indistinguishable from council that it looked like it  was one and the same.   I note that MAF made the same observation in the audit in 2008. Had either MAF or council  done the proper thing  and investigated it , this would have been resolved many years ago.

Instead it is apparent that  when I asked OIA questions that MAF consulted none other  than Mr Wells for responses  , thereby  giving him control over the concealment of  facts.

I believe that times have   changed and hope  that   a proper investigation can be conducted into  this matter  and that  a crown  solicitor  can look over this  email and properly advise you to the    legal issues involved.

In short AWINZ with its structure could not have obtained a $5 loan  from a bank but it could obtain law enforcement ability from the  government.

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