Wednesday, March 9, 2011
Political gifts (bribes) being offered in order to gain power- The Need to Develop Fiduciary Law
The Need to Develop Fiduciary Law
Last year I wrote an article on political gifts (bribes) being offered in order to gain power. Then based on that inducement, when successful in gaining power, the taxpayer/ citizen pay the bill and the politicians get a well paid job with the power to give away government assets to settle the promises they gave to secure the job. It is a complete breach of fiduciary duty.The Foreshore/Seabed deal between the National and the Maori Party is a serious example of that.When I have asked Politicians what mistakes their political parties have made they refuse to answer. They ignore transparency and accountability. Yet I remain convinced we can only move forward when we understand where we went wrong. Our politicians are like a sports team who never turn up for training and lose game after game and just don't care.
Our politician's ignore their fiduciary obligations and act with an attitude mostly focused on gaining votes and climbing the political ladder. Yet a fiduciary is meant to be a professional who is intelligent, diligent, operating their job with a duty of care and selfless in the service to those entrusting them, their care. We confer that power to them when we vote.
Most of the west is now crippled in soul destroying red tape. It is not only harming business and new enterprise, but hospitals, schools and all social services. Our nations are at the mercy of cunning lawyers and blissfully ignorant politicians. The most successful business growth I can point to in the last 25 years has been the legal industry who have latched onto virtually everything that moves through legislation passed by puppet politicians who fail to realise the harm.
So now we suffer with a major problem of accessing common sense and justice because of the remorseless mercantilisation of legal practice and the law industry monopoly on regulatory control and fiduciary failing politicians.
I have for many years tried to understand why politicians the management of government which after all is a trust structure owned by the people. I came to one answer which is the root of all our problem - (sovereign) crown and judicial immunity.
Although politician’s job is fiduciary, they operate under old rules of immunity that mean; "The King can do no wrong in the service of the people" But Kings and leaders do fail. The immunity laws must go because with it in place we are attracting the wrong type of people to the task of managing our nation.
I am working on an idea to save democracy and I am interested in hearing from anyone keen on helping :
* Establishing a registered education charity- 'The Centre for Modernising Democracy'
* To produce legal reports showing how we can remove immunity and incorporate fiduciary law into political and judicial management
* Draft Fiduciary Law Legislation
* Social science experts to report on all aspects of selling this campaign to the public
* Hold public workshops with multi media presentations for the project 'Modernising Democracy'
Sunday, March 6, 2011
Current national liabilities are apathy, debt, anti pakeha racism, self serving politicians, stupid media, greedy lawyers etc
The only goose stepping I witness in New Zealand is the endless denial our nation is terminally ill. Or the endless apathy ignoring the cries for plans to save ourselves. Faced with serious issues too many Kiwis run off goose stepping to trivia or marching to the rhythms of stupidity.
A short list of our current national liabilities are apathy, debt, anti pakeha racism, self serving politicians, stupid media, greedy lawyers, red tape, and yes even stupidity from a heaving pathetic underclass who do nothing to help our nation survive.
I hope I mentioned stupidity enough as it needs to be the most important caveat you place on every voice, article and law you witness, and only released when it shows vision to help save New Zealand.
Too many kiwis gabble away as if their views are the consensus of common sense without auditing their diatribe with the reality of our nation’s bankruptcy and failing social conditions.
The “NO MINING/ MORE WELFARE” lobbies are just two examples. They want their demands met but offer no plans to pay for it as if money will just appear. It has appeared, but from offshore borrowings driving us to the 3rd most indebted nation in the OECD. Yet the demands continue!
Yes New Zealand is broke. But it’s now gagged and bound with so much lawyer made red tape that any new business is shot dead while trying to develop income, create jobs and save our nation.So while stupid politicians with endless wasteful energy and kudos throw around that feel good politically correct crap, the Chinese and others are purchasing our most promising profitable assets leaving kiwis as slaves in their own country. And while that happens, as it is, the lawyers, politicians and media still have a job.
So as we drown under red tape and stupidity has anyone noticed the public are not protected from conmen like greedy bankers, cunning lawyers, conman investment company directors, bad politicians and rogue judges? Why?
And don’t even let me start on so much hopeless iwi leadership ripping their own people off. It appears being at the top in NZ a requirement needed is for you to be either stupid, compliant or a conman.
So while we notice NZ is insolvent and falling down further the only advice government can muster is the suggestion people for more tax and the need to save money ignoring the fact 232,000 people did save who then lost their $8.5 billion they had placed on deposit while the regulators and treasury ignored the madness at play.
Draining and destroying the kiwi economy for more than 25 years has been an endless series of idiots in parliament with a puppet media commentating on it.
And so while our nation is failing, our politician's attitude is focused on gaining votes and climbing the political ladder. Yet a fiduciary is meant to be a professional who is intelligent, diligent, a duty of care and selfless. Can anyone name a politician who is that?
I remain convinced we can only move forward when we understand where we went wrong. Our politicians are like a sports team who never turn up for training and lose game after game and they just don't care. Yet we own government and we give permission to politicians to manage that structure and so that relationship between them and us is fiduciary.
So where are the articles in our media on explaining the duty of a political fiduciary and the fact our judges and politicians have legal permission to fail through immunity laws? This is such a critical point so I suggest you go back write it down and read it 3 or 4 times everyday until the laws on immunity change.
I just want NZ to get better but it won’t with this endless desperate attempt at point scoring which we see daily in parliament which ignores their responsibilities. Too many in parliament and in the media rant the endless muck racking to impress a few who think it is either interesting or intellectual. It’s not, it’s idiots with power, and power to destroy our nation which I remind you is exactly what they are doing.
Wake up NZ. Stop your year after year diet of daily crap and start facing the reality your nation is dying. You need the best minds management can muster to save us.
You need to observe that the right & left wing political gooses both march to the same tune of con the public, get the jobs, screw the people, and retire - leaving a poorer public to clean up the mess.
Bad political management with no transparency and accountability is ruining NZ. Which part of that equation do you all not understand?
Don’t suggest Labour or National did it, because they both did it and if you can’t understand that you are honestly stupid and need to retune your brain.
And as long as you are addicted to the endless rant of nothingness, the rich are getting richer and the poor are getting poorer and that is a fact you can’t deny.
Think about it and start with 4 simple questions which I suggest you write down and again ask everyday.
Do you own government?
Do politicians work for you?
Should our politicians and judges have immunity?
Could the immunity be the cause of our problems?
More reading-
http://worldeconomy-wingate.blogspot.com/2010/08/billionaires-millionaires-why-invest-in.html
Monday, February 14, 2011
Protest Poster - print scream and spread around please
Protest at Parliament
Sunday 1st of May 2011
Politicians Judges and Lawyers are destroying New Zealand
SAVE NEW ZEALAND
Protest Against "Idiots in Power"FACT
Our Politicians, Judges and Lawyers are destroying New ZealandTime for New Rules- we the people own government - it is a trust structure we own - but for 25 years they have been failing and our country is fast being destroyed
We demand - access to a jury to hear the problems people have with government/crown/judicial systems that;-1- Doesn't care2- Has no common sense3- Has a hidden agenda4- Is corrupt5- Is set up to make money for others at our expenseWe need the problem harming us removed- we demand the removal of Crown and Judicial ImmunityImmunity politicians and judges hide behind is destroying NZ because we can't hold them accountableCan't afford can't understand endless prices rises for- food, rent, mortgage, power, gas, insurance?Sick of- NZ going down the drain, politicians, injustice, propaganda media?
Protest at Parliament Sunday May 1st 2011 Politicians are destroying New Zealand
SAVE NEW ZEALANDProtest Against "Idiots in Power"
Our Politicians are destroying New Zealand
Time for New Rules
We demand- People need access to a jury of fellow kiwis to hear the problems with a government system that doesn't care or have common sense. We need to help change the system causing the problem- our leaders immunity.
At 9am Sunday 1st of May 2011, New Zealanders tired of “Idiots in Power” will begin a protest at Parliament in Wellington. The protest will be ongoing and will have daily talks at 9am, 12 noon and 6pm each day.
For those who can't travel to Parliament in person, they can protest at their local MP's home/ office.
The Reason and Need for this Protest
New Zealand is now broke, 3rd most indebted nation in the OECD. With most of our key assets sold off we now borrow $300m per week just to pay the bills.Donations to political parties and MP's, hidden influence must end before our country is totally destroyed.
232,000 investors lost deposits worth $8500, 000,000 and politicians don’t care yet they are in total control of regulatory decisions. They have failed us.
It is time to demand total accountability from our politicians. Endless talk or hope in new elections and politicians does not work.
Our complaints to politicians are often different, yet the reaction we get from them is always the same- they just ignore us. Yet they are paid to work for us.
In this protest we are demanding the removal of Crown and Judicial Immunity.
Too much corruption and hidden agenda is being covered up and ignored.
Do not ignore this chance to Save New Zealand
This is your country. This may be your last chance to save New Zealand before international bankers take over after bankruptcy.
Government is a trust structure owned by the people. Politicians are the managers we appoint via elections to manage that structure. Although politician’s job is fiduciary (trust law), they operate under the old rules of immunity that mean;
"The King can do no wrong in the service of the people"
But Kings and leaders do fail; history is full of their ruin. Just look at New Zealand today.
Today in modern society we need transparent systems to bring politicians to account- to fully answer their actions.
May 1st 2011
The protest underway May 1st will call for New Zealanders to flood our political parties so that they can raise their hand and ask for new rules on Party Policy regarding Crown and Judicial Immunity. With enough people we can change party policy- they will force the party candidates to comply and legislate changes that will allow for practical transparency to be implemented.
Any of you who have ever tried getting action from an MP would know the frustration. Under the new system you would write and demand action and if they fail to address your problems you simply would go to your local court and explain your problem to a jury. If they agree you have a prima facie claim of breach of fiduciary duty against an MP or Judge then you would obtain an order for answers in what are called interrogatories. If they fail to fully comply then you go back to a jury and point out the failure of compliance and obtain a writ for breach of fiduciary duty which has the power to suspend their crown income and power until they comply. This is the only method in which we will get our members of parliament working for the people instead of caring about their own ego and career at our expense.
I am personally planning on being at Parliament May 1st onwards.
Christopher Wingate
Must reading - http://lawisanass-wingate.blogspot.com/2011/02/saving-new-zealand-objective-here-is.html
Any communications, questions, ideas please email
Special- 2 hour interview on NZ corruption
Background reading
http://worldeconomy-wingate.blogspot.com/2010/08/billionaires-millionaires-why-invest-in.html
Media / articles
What I am suggesting is we get a report that identifies what we have got and how to best get it working to maximise exports and productivity to best benefit the NZ net advantage
http://idiotsinpower.blogspot.com/2011/02/what-we-need-is-report-that-identifies.html
Chris Wingate ABC Australia Interview for his new feature film "Housing Block Twenty Five"
New Zealand Herald. "Chris Wingate - A Kiwi in Australia"
http://www.nzherald.co.nz/inspired-people/news/article.cfm?c_id=1501798&objectid=10534388The two hour interview on the Vinny Eastwood show on corruption in NZ
The NZ Government submission
Fiduciary Protection Law
www.med.govt.nz/upload/70165/37.PDFScoop Business: Businessman To Take $17 Bn Property Back To Court
http://www.scoop.co.nz/stories/BU0805/S00032.htmBillionaires, Millionaires - Why Invest in New Zealand ?
As I found out, don't be fooled by those smiles
http://worldeconomy-wingate.blogspot.com/2010/08/billionaires-millionaires-why-invest-in.htmlHow NZ has a club of powerful people who do as they please and use the power to hide failure, corruption and even murder
http://lawisanass-wingate.blogspot.com/2010/08/matakana-nz-supreme-justice-club-top-qc.html
How the Waitangi claims will destroy your investments
http://lawisanass-wingate.blogspot.com/2010/08/matakana-litigation-can-i-make-claim-of.html
How complaints to the NZ Government get ignored http://www.voxy.co.nz/politics/separation-power-fiction/557/8630
The sort of Idiots investors will meet in the NZ Government http://idiotsinpower.blogspot.com/2010/02/brendan-mulholland-kiwi-village-idiot.html
Robbed of $3.43b
http://courtsofappeal.blogspot.com/
What can you do- The Objective here is the Improvement of Political and Crown Leadership
Saving New Zealand
Obtaining the Competitive Advantage
1. We need to produce a strategic plan like the Porter Report on how New Zealand can create a competitive advantage and climb out of debt, rebuild our assets, employ our people and offer a stable democratic environment to pass onto our children.2. In order to do that we need clear focus on understanding how we can shift our nation into a work mode of maximising the returns of the resources we have.
3. And we need to fully understand why we have failed.
The Next Step
In the coming years food production is going to be critical all around the world. Already we can see a movement of capital from equities into commodities as investors begin to corner assets with real use rather than paper value.
The only problem I see in creating a strategic report is finding decision makers in Parliament who have the requisite clever skills and to understand and implement it.
A report of that type presented to the skill base of men in the board of BHP, I wouldn’t worry. But with parliament it is of serious concern. It is their political management that has brought New Zealand onto it’s knees.
In my 25 years of business all around the world I have often sat in boardrooms of highly successful companies. And watching their leadership style I often compare it to what I have seen with politicians who are running parliament and New Zealand into the ground. Our politicians run the country like a naughty kids club would.
The Fiduciary Rules Needed to Save New Zealand
Government is a trust structure. It is owned by the people. Its leadership team are selected by political process and they gain control of that trust structure. They are the nation’s most important managers.
A Politician’s role is fiduciary. A key foundation characteristic of a fiduciary is they are a person who bring professional excellence to the relationship. That is where people get the confidence from to confer the power to them as you do with say a doctor. They are also selfless and owe a duty of care to those entrusting them to the responsibility of the job.
But unlike all other fiduciaries that are legally accountable, politicians and judges have immunity which allows them legal permission to fail and they can get away with it leaving the damage behind. And we see this damage year after year.
The immunity problem is something people face all around the world face. Some countries are much worst than others. But slowly people are beginning to connect the dots between poor political service and immunity which holds onto an ancient law that suggests the King can do no wrong in the service of the people. But they do fail and that is the problem.
A fiduciary duty is an ethics based legal relationship of trust and confidence between us the people and the politicians we entrust running the management of our nation.
So Where is the Transparency and the Accountability?
Politicians rather naively and arrogantly suggest if you have a problem with the government they say you have the right to protest- with your vote. Those who have been a victim of government action understand they want a more direct method of exposing failure.
Vital to democracy are checks and balances. It is something we appear to have missing with crown immunity because it is being used to stop inquiries.
I prefer the jury system. It is a long-standing fundamental safeguard and is better positioned to protect human rights.
Under a new transparency system it is proposed we apply this system for ensuring fiduciary duty is performed, and not abused and hidden away.
That is, if a politician or a judge does not perform their fiduciary duty, or allows a conflict of interest, or blatantly betrays the trust and abuses their power, a person can apply to a constitutional jury of randomly selected people from the populace, to determine whether there has been a failure of their fiduciary duty on an ex-parte basis.
Once in possession of that order the Minister or judge is served with the order and if they fail to respond a second application could be made to another jury seeking an order to suspend both the salary and power of the defendant who has failed to comply.
Currently, judge’s and politicians peers determine whether there has been a failure or not. That is the cover-up system.
Over a period of time, relationships at the upper echelons can become fraught with hidden conflicts of interests, and this is commonly known as corruption. Currently, there is no avenue for people to address corruption.
The Objective here is the Improvement of Political and Crown Leadership
In other words, raising the quality and accountability to a fiduciary standard instead of what we have been getting which is destroying our nation.
My first concern is New Zealand. Political parties and politicians over the years have been influenced by outside commercial interests. Debt is climbing, businesses closing, unemployment is growing, inflation is hurting family budgets, deposit holders have lost billions of dollars; the courts and justice system are failing.
Then when victims and concerned people look to parliament for help and direction our politicians are not interested in matters that don’t gain them votes. Or they are too busy either fighting or laughing.
In this paper I suggest members or new members of political parties like National, Labour, ACT, United Future, Progressive Party, Maori Party, NZ First, and Greens change the party policy on Crown and Judicial immunity.
And from party policy it then becomes fixed with the candidates and so we then get legislative changes.
Then we have a very different political dynamic. Battle won- better political leadership through transparency and accountability.
I am sure all agree it is needed to save our country from the destruction our most important fiduciaries have inflicted on us over the last 30 years.
Christopher Wingate
Further reading-
http://idiotsinpower.blogspot.com/2011/02/what-we-need-is-report-that-identifies.html
http://lawisanass-wingate.blogspot.com/2011/02/does-new-zealand-need-to-sell-state.html
http://worldeconomy-wingate.blogspot.com/2010/08/billionaires-millionaires-why-invest-in.html
Join the Protest
http://www.facebook.com/event.php?eid=151994471525900&pending
Saturday 19 March 2011
Saving New Zealand
Flickr - projectbrainsaver
www.flickr.com
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