Anticorruptionnz's Blog

23/12/2009

Chair woman WINIFRED ( WYN) Hoadley

Filed under: corruption,Neil Wells,Nuala Grove,Sarah Gilltrap,Tom Didovich,Wyn Hoadley — anticorruptionnz @ 6:18 am

Today I received the much awaited reply from Waitakere city – the   letter where by  AWINZ relinquished its approved status.

the letter signed By Wyn Hoadley as Chair person . It  is interesting  as it  states that the trustees met with senior Maf officials on 11 August and gave notice of their intention to give notice to the minister . cf audit report

Wyn  was appointed to the National Animal Ethics Advisory Committee (NAEAC) in August 1999, which was just months   before AWINZ applied  to become an approved organisation.  She was not a trustee of AWINZ according to the original deed which was allegedly signed  some three months after the deed was claimed to be  in existence

The” trust “ never incorporated  and in 2006  Nuala Grove  ( whose husband I believe was a former Judge )   and Sarah Gilltrap   ( whose husband is Richard Giltrap of  Giltrap Toyota) “resigned” this meant that the trust which  requires no less than 4 members (according to its deed ) now had 2  .

We formed our trust on 12 April 2006 and incorporated it on the 27-APR-2006.We called our trust the Animal welfare Institute of New Zealand  our successful registration proved  that the statements  made in the  application to the minister and the subsequent correspondence was false as to the claims of incorporation. ( and so was the application for funding )

On checking the charities register the  filed documents as to  who is who on the  unincorporated  AWINZ trust ,shows that Wyn Hoadley became  a trustee on 10/05/06 this was   over two weeks after we had incorporated our trust.( ours being an entity in its own right  through  incorporation )

Despite the requirement of  4 trustees  and the requirement for them to  be at least bound by a deed, there were now three “trustees” on the trust which used the trading name Animal welfare institute of New Zealand   .  Wyn  and Two others  took action against us  for  Breach of fair-trading. And passing off,  even though Wyn  and the other two had never traded as AWINZ and had “formed” their  Trust ( without any documentary proof)  they took action against a legally  constituted entity for the purpose of forcing us to give up the name so that they could legitimise the  shaky ground they were on.

Now  we were legally registered  and had IRD donee status.  They were but a  trading name for three people  who did not have a trust deed. When I started blowing the whistle that they claimed to have donee status and did not  they hurriedly applied to the charities commission and found themselves wanting   for a trust deed.

Tom Didovich  who had  been involved since the  beginning was called in   and a  new deed was drafted ,

Tom Didovich  is the former manger of Waitakere city animal welfare who had commissioned law reports to  facilitate set up  of AWINZ  and   corresponded with MAF  on behalf of both North shore and Waitakere cities  to  pave the way for AWINZ to be approved .This deed was signed on 5 December 2006.

Unincorporated trusts do not enjoy perpetuity, and there are serious legal issues surrounding the claim of one AWINZ claiming to  be another. An unincorporated trust can only sue or be sued through its  individual members  and so you could never sue this AWINZ   as without sighting a deed  there was no accountability.  No trust deed was on record   prior to  June 2006.

In Mid 2006 Wyn put her name to  a fund raising  flyer, I phoned her and  expressed to her my concerns about being sued. I asked if the trustees  form her trust and  the trustees of  ours could meet with view of resolution. Her reply was simple “ I am not the messenger “

Wyn has been fully aware  of the court action against me and has supported it  even turning up at court one day  with  her purchases from Smith and Caughey . She is a barrister  and I am disappointed that she  has  supported this action   and I cannot believe that a barrister would not know of the   finer details of the legalities of trusts or at least if  so closely involved  take the time to  find out.

Barrister Wyn Hoadley is an Auckland Regional Councillor and chair of its finance committee. She is a former North Shore City councillor and was mayor of Takapuna City from 1986 to 1989. She is patron and trustee for various North Shore performing arts, sport and community organisations.

She holds the New Zealand Suffrage Centennial Medal 1993 and the New Zealand 1990 Commemoration Medal and is a Companion of the Queen’s Service Order for Public Services (QSO).

Wyn Hoadley Like Neil Wells  and  Mayor Bob  has labour party roots .

Tom Didovich  had to leave  his Waitakere city  job  because of a personal relationship with  a  staff member. Neil  Wells  took over his role. Tom then obtained work with the RNZSPCA  where he  has  had various roles and is now SPCA NZ National Branch Support Manager

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17/12/2009

Open letter to auditor general

First of all I would like you  to look  at this clip , I wonder if our “ watchdogs will get such a reprimand one day

Bear that  clip in mind  and then please  don’t ignore   my request or look for ways  to  “ write it off “

For convenience I have hyperlinked  documents  to show that I am not making this up

Please take it seriously  questioning this corruption has  come at a far too great a price   for me  and  no New Zealander should have to go through  what I have been through for asking simple  questions of corruption.

Both MAF and Waitakere city  contract to  ANIMAL welfare institute of new Zealand (AWINZ)  an unincorporated trust ( therefore just a trading name )  which  signed a MOU with MAF  to be an approved organisation under the  animal welfare act .

Both MAF and Waitakere city  have sunk public funds  into the setting up and facilitating this private  body  which  without proof of  independent existences  became an approved organisation under the  Animal welfare act and undertook law enforcement work, piggybacking its “charitable”  work off the back of council .

To clarify the situation AWINZ is  like a SPCA  , but instead of fund raising  and using the charitable funds to  employ staff,  pay for facilities and resources, AWINZ  ,run by the  manager animal welfare Waitakere  uses council staff, resources , facilities and vehicles to  carry out its  work , which is prioritised over council work  . The donations solicited from the public have been used to sue me to keep me quite.

AWINZ  obtained approved status  when  the man  who is now manager animal welfare Waitakere ,  made an application to the minister for approved status   under the animal welfare act 1999, this  act which  was written by that same man and had had clauses added to facilitate his  ambitions of setting up a territorial authority business akin to the SPCA but using council staff which he would train and be remunerated for  in various roles.

Both MAF and Waitakere city contracted to him , Waitakere using public funds to set up and pay for the recruitment of trustees and for legal opinions to facilitate this private  enterprise.

I have now been advised by the minister that the current trustees of AWINZ have asked to relinquish the approved  status section 121 Animal welfare act 1999

Everything  involving AWINZ is muddled, nothing is straight forward or transparent.

  1. The current trustees are not the ones who  signed the MOU with MAF or Waitakere and are  not the ones in whose name the application for approved status was made to the minister.
  2. The current trustees formed a trust in  December 2006 to obtain  charitable status for which  real evidence was required , the purpose  was changed, the name   had a The  added, the trustees were different. ( see earlier deed )
  3. No trust deed had been sighted  prior to 2006  but once I and some others incorporated the identical name to prove that the application to the minister  was  a fraud.  A deed materialised showing the date  1 march 2000 conflicting with  the statement that  a trust had been formed by way of trust deed in 1999. The trust never incorporated.. probably due to lack of a trust deed .
  4. As soon as the trust deed materialised two trustees resigned  and the trust “existed“ against  its own   terms deed  where by 4 trustees were required.( 7 (a))
  5. The  person who signed the contract purportedly for AWINZ  is now the head of  animal welfare Waitakere and therefore effectively contracts to himself.( which  the OECD says is a corrupt practice)
  6. Public money  was banked  into the  AWINZ bank account over which  the  person who made the application to the  crown , was the only one to have  access and control over.
  7. As manager animal welfare Waitakere   contracting to AWINZ  Council  allowed  him to solicit public funds by sending out a flyer with the dog registration, this money also went into the AWINZ account.
  8. As Barrister he undertook animal welfare prosecutions which arose out of the investigations of council employees, money obtained  by offering  diversion was paid into   the AWINZ bank account only he controlled.
  9. He has used council facilities , resources , and  council staff to run this private trust  . The staff were un aware that they did this in a voluntary capacity.( page 2 near bottom)
  10. He told MAF that the premises were leased for $1 per year. Waitakere were unaware that  AWINZ operated  from the premises.
  11. Staff  at Waitakere  still hold AWINZ warrants  despite the minister claiming that AWINZ has relinquished their approved status.

I here by  request an investigation of the use of  MAF’s resources and Waitakere Cities  resources with regards to  the setting up and  operation of AWINZ in terms of section 18  of the public audit act 2001

18 Inquiries by Auditor-General

(1)   The Auditor-General may inquire, either on request or on the Auditor-General’s own initiative, into any matter concerning a public entity’s use of its resources

I am happy to provide the auditor generals office with more evidence than those hyperlinked above Maf has also incurred   costs with the crown law office for  a legal opinion  and  many hours of  research for the purpose of deciding if this organisation was suitable to be approved.

As it turned out  no one ever  checked the most elementary parts of the application in that    the application made  was made using  a false name, a false claim that the organisation existed   and that it had a registered office.

I make this request as  an open letter  in keeping with the spirit of transparency, it will be posted on my blog https://anticorruptionnz.wordpress.com

06/12/2009

The Parable of the good samaritan NOT

Some one kindly posted the parable of the good Samaritan on the Lord of the rings page (https://anticorruptionnz.wordpress.com/lord-of-the-rings/)

It is indeed sad that  people such as Nuala Grove and Sarah Giltrap , who put their names forward to be on a trust  of such significance as AWINZ and SIGNED the trust deed chose to resign and remain silent  as soon as questions were asked.

They also knowingly stood by  as peoples lives were devastated  and  families ripped apart. at any time they could  have spoken up  at any  time they could have made a difference .

Another such nominee is the pastor of the Laingholm Baptist church  who like Sarah and Nuala, chose to cross over  to the other side of the road and did nothing  while people were unjustly being beaten up  . Intervention by any one of these people least  of all   by a man of the cloth  would have made a difference.

further nominees are MAF and he various government departments  who prefer to turn a blind eye  and while the  larger wrong continues  there are many who are prosecuted for  far smaller transgressions,

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