Posted by: transparencynz | May 11, 2016

New Zealand , how we facilitate sham trusts

This post is prompted by the  Editorial: NZ needs to assure world of trust scrutiny.

It is one which I will forward  along with  other blogs to international agencies who may wish to question  how  one of the worlds least corrupt countries  can make this claim and I wish to reveal how trusts work in New Zealand

In 2006  I questioned the lack of existence of  trust , this trust just happened to be  one of two private law enforcement agencies, this trust  the animal welfare institute of  New Zealand  (AWINZ ) taught me all you need to know about NZ  trusts  and how loosely they operate

AWINZ operated  as an equivalent to the RNZSPCA  and enforced animal welfare law ,  It had  powers of search and  the ability to seize some ones prized pet .

I was asked the simple question , who is AWINZ ? when I discovered that it was nothing  but a sham  and  questioned the existence of a sham trust being a law enforcement authority  I was immediately sued,  denied a defence  and   was told to pay some $100,000  dollars to the  person who wrote the animal welfare bill and  was independent adviser to the select committee  in the process of making his business plan , law .

He then made an application , which in my days  as a police officer would have been considered fraud . ( this is due to the fact that the claim that  AWINZ  was a trust was totally false  the application made 22 November 1999  predated  he formation of any organisation  by that name  the earliest trust deed and one which Mr Wells relies upon was  dated 1.3.2000  and even those persons never met  or passed a resolution )

I have  for years  been beaten up   for blowing this whistle. Below I have a list of links of how I have beaten my head against a brick wall for many years  but for now I will reveal how New Zealand trusts work

  1.  You need a trust deed  .. it doesn’t matter when you sign it  or who signs it  as  long as there is a deed a bit of paper which looks convincing.
  2. you can have various copies of the deed  they can all conflict and no one cares see here  and here 
  3. no one enforces the deed, no one cares if the so called trust  complies with its deed
  4. If you want a new deed  you simply  write a new one and refer to an earlier deed which may or may not have existed  , Ird  does not care  I  rather suspect that most people at IRD are number crunchers and done understand the legalities of dates names and real persons  being involved in a trust .
  5. there is more information on the deed with regards to the  identity of the  witnesses than  with regards to the  the trustees.  you can use generic names  and who could ever identify  the trustees
  6. if a trust does not  meet  or hold any assets  or pass  any resolutions it is still considered a trust  and its identity can be used  to interchange with any other trust ( real or fictional )
  7. the charities commission  are happy to grant charity status to anything  whihc meets their criteria , the fact that  there are no resolutions for the trust and  big gaping holes in   their existence is but a technicality

 

Let me explain in terms of the AWINZ  trust

As stated earlier Neil Wells a barrister at the time  made an application for law enforcement powers for AWINZ  he claimed on 22 November 1999 that a trust had been formed

trust formed

 

 

 

 

 

 

No  executed trust deed existed and these people had not formally met together  or passed  any resolution

Maf and The dog control section of Waitakere council had signed agreements with the representative of AWINZ:- Neil Wells

in 2006  Neither MAF nor Waitakere city council had a trust deed or had seen one : basically no one had checked  the existence of AWINZ

when I proved that AWINZ did not exist  ( charitable trusts need to be registered ) a trust deed materialized dated 1.3.2000  whihc brings about the question how can  you make an application before a trust is  formed. ?

I was to get evidence that these people had never met   never held any assets , never passed a resolution.

By the terms of the deed the trust ceased to exist  three years after it was formed, continuance depended on reappointment of trustees and since they never met no one was  reappointed.

reappointment

 

 

 

 

Wells sought charitable status in 2006  when new legislation came in. IRD rejected the trust deed   so he simply wrote a new one  and they claimed to be a continuation of the bogus 2000 trust 2006 deed

 

 

 

this was totally acceptable to the lawyers charity commission and  MAF ( and later the government )

AWINZ was finally removed as  approved Organisation in 2010  .  the fictional  law enforcemnt organisation  operated  for  10 years  re branding council property  and using the  Council staff under Neil Wells control  as AWINZ officers  .

Neil wells still consults for government and makes submissions  strange  that he does not refer to the 10 years where he was the only person involved with AWINZ

this is how what I considered to be a fraud  worked

 

I have brought it to the attention of the prime minister , Transparency International NZ , Auckland Council  and again here , here , here, again here ,    here, here , here ,Auckland Mayor, the CEO of council , council lawyers and again here  and here  , here, here.

I have written to the lawyers involved and again here  and here, here, here , the law society by way of  regarding the lawyers  , the charities commission  and again here   and here

Maf and  now the ministry of primary Industries  repeatedly fobbed me off and actively concealed the fraud, after all they never checked to see if the trust existed before supporting the application for law enforcement status , I was later to find that the current lawyer for Maf was involved int he process earlier on when he was  working for crown law  so I guess his own work came under scrutiny therefore    concealment of the fraud was an act of self defence  complaints to Maf Here  , here, here , here, here,here, here, here and here

The people posing as trustees  here, and here,here, here

attorney general  here

I had questions asked in parliament  Here  wrote to ministers  here  and here 

notable blogs of the past   touching on the  corruption which  exist in New Zealand

NZ one of world’s least corrupt countries- its done with bogus trusts

Disparity in crime.. who you know matters

Approved and acceptable standards for document service in New Zealand

Questioning corruption in New Zealand.

Corruption in New Zealand – lack of support for whistleblowers

The perfect fraud – Public money for private gain

Liquidation as a tool of oppression

shooting the messenger

Why I am calling for an independent commission against corruption

Conclusion  :  Fraudulent trusts are condoned in New Zealand , I was silenced because I was exposing how slack our trust  administration was .

more to come   Court is used to   silence exposure of abuse of overseas trusts

 


Responses

  1. It’s extroadinary that this never got any enforcement. I wonder if it is still going on. There are many trusts out west where board members and friends are trustees and they supply unclear outcomes. Or outcomes that in other areas are provided by regional budgets. The environmental trust out west one contract is for $215k. But the contracts says “Council will supply the plants. planting plans, design and environmental expertise, onsite assistance, contract weed control and long term plannin, education and promotional materioal, assistance for helaht and safety plans and advice and resources as agreed between parties.” So if council supplies all that, (and yes in other areas the stream restoration is supplied by regional budgets) are we still paying trusts for work that is already supplied by council. We certainly need more transparency in council documents and accounts to provide assurance that we are not still being double billed. What work is being provided by council and what is being provided by its trust partners.,


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