| CAN WE TRUST SOLICITOR GENERAL TO PROTECT THE LAW OF THE LAND? Dateline: 26 August 2007 To the right are pictures of Dr. Michael Cullen, Attorney General of New Zealand (far right) and David Collins QC, Solicitor-General. The Solicitor-General reports directly to the Attorney General and is the chief law enforcement officer for the Crown. As you read the letters below in the Solicitor General's own hand, keep in mind that the Solicitor-General's overriding responsibility is to maintain the rule of law and protect the public interest in New Zealand. His authority is limited to initiating due process where he believes laws are not being followed (he does not have the power to issue orders). Moreover, as the S-G is relied upon as the principle law protection officer for the Country, it is imperative that he not only understand the laws before he acts but also careful not to act unlawfully himself. What follows are two letters that David Collins recently sent out on official Crown letterhead. It is important to note that the kiwisfirst website he refers to in his letters has never been the subject of litigation, nor was it even contacted or put on notice by anyone prior to him sending out these letters. When he begins by referring to his role "in its broadest sense" it is the first warning to hide the women and children ahead of the goose-steppers. When caught out, David's office first claimed he didn't send the first letter, then claimed these did not amount to demand letters (remember again, he is not judge or jury). Has David failed in his legal obligation to follow the law (which requires him to differentiate his personal opinions from his law enforcement role as well as be specific as to the violations he alleges in his official capacity)? Has he been truthful? You be the judge. Additional letters herewith include the Editor of Kiwisfirst's response, an acknowledgment from Michael Cullen's office that he is essentially on top of the situation and a letter from a shareholder of the kiwisfirst.co.nz website - a letter that Mr. Collins never bothered to respond to. 29 July 2007 Dr. David Collins QC Solicitor General P.O. Box 5012 Wellington Dear Dr. Collins, As a shareholder in the New Zealand news website www.kiwisfirst.co.nz, I am shocked and troubled by what I consider your unlawful action in shutting down the site by ordering Enlighten Hosting (the web host) to do so. Not only does your extraordinary intervention in a private business and public service appear to far exceed your legal authority, it also tramples on absolute protections provided by New Zealand law, including the New Zealand Bill of Rights Act. Your explanation is required for this oppressive and damaging action taken by you without due process, as well as the legal authority that permits you to operate in such an arbitrary and dictatorial manner. Yours faithfully, Siemer 27 Clansman Terrace Gulf Harbour cc: Attorney General Michael Cullen *************************************************************************************************** < RESPONSE TO SOLICITOR GENERAL'S OFFFICE > *************************************************************************************************** 24 August 2007 *** HIGHEST PRIORITY *** Grant Liddell Junior Acting Deputy Solicitor General Office of the Solicitor General Your ref: SOL115/1823 Rights guaranteed under the New Zealand Bill of Rights Act 1990. Dear Mr. Liddell, Thank you for your letter dated 24 August 2007. [BLOCKED FROM PUBLICATION BY A NEW ZEALAND INJUNCTION ORDER] Sincerely, Vince Siemer, MBA Editor, www.kiwisfirst.co.nz enclosures cc: Dr. Michael Cullen Attorney General New Zealand ************************************************************************************************** ************************************************************************************************** POSTED 6/8/06 WATER RATES TO GO UP 9.6% TO FUND OTHER CITY SERVICES In a letter dated 28 July 2006, Metro Water Limited gave notice to water consumers that their water charges would increase 9.6%. The notice specifically states that without a demand from the Auckland City Council, the increase would be no more than the rate of inflation, currently less than 3%. The remainder of the increase is due to a specific demand from the city council that Metro Water show a $18 million dollar profit in order to pay for other city services, namely storm sewer upgrades. Current consumer guidelines exclude water charges paying for non-water supply expenditures. The Metro Water notice follows an Auckland City Council meeting on 24 May 2006 where deputy mayor Bruce Hucker and finance and corporate business committee chair Vern Walsh pushed for increased water charges to enable MetroWater to contribute to the City's general fund. The public were made to leave the meeting, at the request of Metro Water Chair Michael Stiassny, when the subject of rate increases were brought up. Days before the notice, Vern Walsh was criticized by Mayor Dick Hubbard for spending $85,000 on a global trip for City Councillors. Under the new regime, the $18 million dollars that Walsh and Hucker have successfully pushed for would go into the same general fund that paid for the $85,000 global holiday. Mayor Hubbard was absent from the 24 May 2006 meeting. Water Pressure Group spokesperson Penny Bright commented, "This proves what we have been saying for the last 8 years, that user charges are not fair and that Metro Water is being used as a cash cow by Auckland City Council to fund other expenditures on an essential service that consumers have no choice but to pay." Water Pressure Group members have staged an ongoing protest against Metro Water. In response, Metro Water last month bankrupted a Water Pressure Group member for refusing to pay and has targeted several others for bankruptcy action. Bruce Hucker could not be reached for comment but it is understood notice was served on him on Friday to appear in the Auckland High Court on 15 August 2006 on behalf of a constituent that Metro Water is attempting to bankrupt for refusing to pay a contested $4,490.62 bill for 15 months water service to her home. Important public release ********************************************************************************************************* MetroWater Limited is the water utility supplier for the Auckland city district. Michael Stiassny is the Chairman of the Board of MetroWater Limited, as he was in 2003 and 2004 when it was uncovered through the efforts of the Water Pressure Group that the Board of Metrowater had been misrepresenting the quality of the drinking water Metrowater was supplying consumers. Reproduced below are: A) Metro Water's 'Statement of Intent', which states that Metro Water Ltd's Board of Directors is directly accountable for the representations made by Metro Water - including the most important representation by far, the quality of drinking water it supplies to consumers. B) Chairman Michael Stiassny's (false) representation in that same document that Metro Water Ltd was supplying 'Aa' grade water to consumers when in fact that was not the case (i.e. a significant portion of the drinking water it was supplying was 'Ua' grade). C) The Commerce Commission's 27 September 2004 ruling that Metro Water likely breached the Fair Trading Act 1986 in representing that the water it was supplying was 'Aa' grade at a time they knew, or should have known, that it was not. The Commerce Commission's ruling of a 'likely' violation is due to the law being clear that only the Courts can determine conclusively that a violation occurred and whether the Board members are personally liable for the misrepresentation. The 22-month misrepresentation was corrected by Metro Water and the case was not prosecuted. If these events were not disturbing enough, Michael Stiassny regularly insists upon giving 'confidential' off-the-record reports to Auckland City Council proceedings on Water matters. It is suspected that payments of $10 Million in "charitable contributions" to Auckland City by Metro Water annually (subsidized by water ratepayers) is suitable 'greasing of the wheels' to allow Stiassny to keep public water matters secret. The question is whether Auckland ratepayers can afford these secret sessions given Mr. Stiassny's past misrepresentations? WHY AREN'T THE MEDIA REPORTING THIS? EXHIBIT A EXHIBIT B EXHIBIT C WELLINGTON COMMERCE COMMISSION J6775 27 September 2004 Anna xxxx Meredith Connell General Buildings Cnr Shortland & O’Connell Streets PO Box 2213 Auckland Dear Anna METRO WATER LTD/WATERCARE SERVICES LTD Thank you for your comprehensive response to the Commerce Commission’s (‘the Commission) request for information from Metro Water Ltd. The Commission has assessed both Metro Water Ltd and Watercare Services Ltd’s responses and has formed the opinion that Metro Water Ltd is likely to have breached the Fair Trading Acti 1986 (‘the Act’) by representing that the water it was supplying Auckland during the period from June 2002 to April 2004 was of ‘Aa’ grade. The Commission has not been presented with any evidence to show that Metro Water Ltd was acting in reliance on representations made by Watercare Services Ltd when it represented that its water was of ‘Aa’ grade. Nevertheless should this be raised as an issue, the Commission is of the opinion that Metrowater Ltd, as an experienced water retailer, is unlikely to be able to avail itself of an reasonable reliance defence in the present circumstances. The Commission will be taking no further action in this matter at this time. Once again thank you for your time an effort and the detailed and informative information you have provided the Commission in relation to this matter. If you have any concerns or questions, please feel free to contact the writer on (04) 92 3689. Yours sincerely Jonathan Duffy Investigator Fair Trading Branch Commerce Commission ___________________________________________________ ___ Affidavit of Vince Siemer I, Vincent Ross Siemer, of Gulf Harbour, do hereby swear: 1) I am a Director of businesses in New Zealand and abroad and hold a Master’s degree in Business Administration. 2) I attended an Institute of Directors of New Zealand breakfast meeting on 19 May 2005 at the Northern Club where I heard Michael Stiassny (Chairman of Metro Water Limited) claim that he was personally bankrupting the Water Pressure Group members peacefully protesting against him outside the breakfast. He used the words “I am bankrupting (the protestors)”. 3) Mr. Stiassny also said at this meeting that these protesters were not paying their water bills “not because they could not afford to but because they didn’t want to”. I wrote down these words as he said them. 4) If what I heard Mr. Stiassny say is true, it is inconceivable that current bankruptcy law allows Mr. Stiassny to personally target these protesters for bankruptcy, using his Chair position as the monopoly provider of an essential public service to do so. 5) The written program for this meeting stated that Stiassny was a trained lawyer. 6) On 24 May 2006, I attended the Finance and Corporate Business meeting of the Auckland City Council held at the Council building on Greys Avenue in Auckland. At that meeting I witnessed Councillor Bruce Hucker ask Mr. Stiassny – in an extremely long question that included a number of statistical references – to dispute what Mr. Hucker said was a misconception that “the $73 Million dollar profit” MetroWater had earned “was sitting in a pot somewhere”, and to also confirm that in order for Metro Water to continue making “charitable payments” to the Council, Metro Water would need to “increase its debt” given its current charging structure. 7) In response to Mr. Hucker’s question, I witnessed Mr. Stiassny say that Metro Water would need to make ongoing “profits” for Metro Water to continue making the multi-million dollar charitable contributions. The topic of the meeting then turned to raising water charges to the public and Stiassny asked that this discussion be conducted in “confidential”. Meeting Chair Vern Walsh then ordered the public to leave the room. _________________________ Vincent Ross Siemer, Sworn at Auckland this ) day of June 2006 Before me ) __________________________ |
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| Debt collection debacle implemented by Stiassny at Metro Water Ltd. (see bottom of page) |
