Monday, April 10, 2023

Will this brilliant plan by a self-made Kiwi, save New Zealand from the Inevitable Doom and Destruction caused by the Endless Madness and Corruption Occupying Government Power?

The system is rigged, society screwed with the only winners being powerful interests who get what they want because money and influence buys almost anything. 
Many use inside information and pay for political access to get legislation and regulatory advantages. So whichever way the market goes they make money. I know this because I have spent most of my life navigating the game of politics and big business travelling the world with politicians and fund managers who look after trillions of dollars. 
I left school in 1977 age 15, and shortly after moved to Australia. At one stage I was living on the streets of Kings Cross before deciding I only had this life and one chance to go for it. So I jumped in to start my own business with no money which is I think the best way to learn, and it worked. I became a self-made millionaire by 25. 
My darling wife and I have been married for 37 years and together have a loving and successful family. Along the way we have funded people that needed someone to help including a kiwi school kid by the name of Scott Dixon. I set up Scott Dixon Motorsport, the company that got Dixon into the history books of global racing and even gave him the name the Iceman, but that's another story. 















Down to Business
The biggest life lesson I learnt began in 1992, when I arranged a deal to purchase 10,000 acres of coastal land with the intention of building 20,000 homes. It was a $17b project. What could go wrong. I needed to borrow $5m to complete the purchase and when you borrow money you need to show the bank how you are structuring the deal. The bank loved my deal so much they stole it. They were a corrupt Wellington merchant bank with political and judicial ties who decided to cheat me out of my deal and so they set up a $100 shelf company and did the deal for themselves. This was pure banana republic corrupt crap in my face. 







My first reaction was balaclava and base ball bat but quickly decided do the right thing and engage lawyers. In 1997 I won the trial, the bank's guilt was clear. Then, straight out of the halls of hell, I lost the appeals with appellate judgments that were a 100% manipulation of the facts. Anyone can see it by reading the judgments of the main trial judge Temm J and then Thomas J from the Court of Appeal. Both those judges were on my side and in their judgments they set out the cross examination, documents and evidence that showed within days of the bank looking at our loan application they got into the deal for themselves. And they showed the bank created fraudulent evidence. Thomas J was the only appeal judge on our side and he was angry at what the other judges were doing and did a massive judgment detailing everything. In a submission to the Crown I wrote:  "Either Justice Thomas and Justice Temm, who supported the Arklow claim, were referencing genuine documentation or they were inventing it. Or the judges against Arklow acted with an unconscionable intention and lost all probity to deal with the matter."

I had spent $5 million on lawyers and top legal academics like Prof Paul Finn and Prof Peter Birks, as well as barristers like Sir Nicholas Underhill QC (Lord Underhill). Unfortunately, it didn't matter that I had the law and facts on my side because when those in power are corrupt, they do as they please. The legal management system operating through our courts can't be trusted. It's not about law, its about law / legal society cashflow.

When you live a busy life in business you get to see many things from those holding the power of government. Some major, some minor, like the driveway event of a house I owned. The driveway had pot holes caused by local council trucks that travelled over my land down onto their land to service a water pump at the lake's edge. You can see the driveway and the vacant block in the photos.



With the rain and the erosion I thought it best to get the driveway fixed asap. I got a quote of $6k from a local road repair business and I offered to pay $3k for my part and asked the council to pay $3k for their part even though it was their trucks doing the damage. But they wouldn't and suggested I pay the lot, even for their land. So I asked what if I put in a gate to stop their trucks damaging my driveway. I wasn't really going to do it, I was simply wanting them to focus on the damage their trucks were doing and to be reasonable. Besides the $6k total was all the driveway of which council land represented 80% of the driveway area so I was being more than fair. But they wouldn't budge and they were rude. Within two days of that meeting the council hired surveyors and engineers and spent $7k to get an engineering report to tell them they couldn't build a driveway down the cliff onto the council land. You can see the cliff on the bottom photo. 

It's a perfect example of exactly how idiots in power operate and it happens every day and we can't do anything about it because they hold the power. Sure they work managing "society" assets on our behalf but over hundreds of years they have held the power to do as they please leaving victims everywhere.  They waste tax payer money every minute of everyday and although people like me get to witness it and know its wrong we are powerless because they have unlimited money to hire lawyers to fight. Sure you might get lucky and win a court case but a win can often cost millions of dollars over something worth a fraction of that. 

The current system puts a handbrake on getting our nation going. Its common witnessing local and central government agencies spending hundreds of thousands of dollars over matters that could be solved for just a few thousand and worse than that it destroys people's souls as they try to improve the country. 

So I decided to do something about it. I decided to modernise democracy and its taken 23 years to develop a workable plan to solve the messes those in political and judicial power are causing. In the past 40 years politicians have defunded everything important and yet funded everything that is damaging our nation and they do this because firstly they don't have the skill set to understand the policies they're implementing will result in the destruction of our country, but the backdoor promoters of those policies do. I've written about these things and won't get into detail but the net result is a weak nation is easy to buy. The more the idiots in power ruin the country the more our strategic assets will be bought up by offshore predators. 

NZ has lost most its important assets and even 10% of the land is offshore owned. When they mention GDP to debt ratios they ignore the fact most of the cashflow referred to is offshore owned. New Zealand is fast becoming a tenant in their own nation, a nation drowning under a net debt of $722b.

 


It's clear listening to anyone people no longer have faith in governments, in politicians, in lawyers and judges or mainstream media. 

To address this issue, I have designed a system that serves as a check on power and establishes transparency and fairness, holding 'Responsible Persons' accountable for their actions if they are unreasonable, unethical, inequitable, or unconscionable. 

The primary objective of this project is to ensure that Responsible Persons act in the best interests of the people. There's no trick, there's no special access to this new legal process, its available for anyone getting screwed by the madness.  

Back in 2002, I was offered the National Party NZ seat but declined. Change I think must come from outsiders, from the people who are free of compromise and the nonsense of politics. As former Australian Prime Minister John Howard famously said, politics is governed by the rules of arithmetic. In other words when a sufficient number of us get together and vote for new leadership accountability laws we can change the system.

In the past 40 years, politicians have become overwhelmingly focused on selling themselves and access to power in exchange for political donations and other forms of self-interest. History teaches us that change only comes when people unite for a common cause. However, in order for citizens to modernise democracy and hold their leaders accountable, they must have a plan that actually works. Globally people are on the brink of a meltdown because they cannot trust their governments. So I have turned my business and creative side into designing something academics and friendly political and legal experts are calling the next revolution- a system to force accountability on government. 

The 4th Hand

We have figured a $25m budget will be enough to do the job, our first target the NZ elections in October 2023. 

This is the updated draft : 

Leadership Accountability Law 

Introduction: The credibility of politicians and the functioning of the government is at an all-time low. Many of us have experienced a sense of frustration and helplessness as we witness our political elite dictating their agenda to us.

Even when their actions are negligent or illegal, the lack of accountability leaves us with limited options for recourse, exacerbating the severity of the situation.

The complete lack of responsibility has played a significant role in the decline of New Zealand, emphasising the urgent need for immediate and comprehensive reform. Simply voting for another political party or charismatic leader is insufficient to address the deep-rooted flaws in our democracy and governance, especially when it comes to the crucial issue of accountability. Despite attempts at transparency through reviews and consultations, these processes are often predetermined or influenced by powerful interest groups, further undermining public trust.

The proposed legislation would give the Leadership Accountability Court (LAC) the power to order a rectification notice within 30 days if a decision is unsound. Those who obstruct the LAC's efforts could face dismissal or even arrest. 

By weeding out bad actors and holding decision-makers accountable, the LAC would help attract better-quality public servants and candidates for public office.

The 4th Hand Project is a grassroots movement aimed at effecting change by flooding existing political parties with new or existing members demanding they urgently implement new leadership accountability laws. This will provide us all a fighting chance to obtain truth and accountability from public officials who are supposed to work for the collective good. 

Currently, the government has no department tasked with evaluating the decisions made by those exercising the power of the state, and the lack of accountability has contributed to the decline of the country. 

It is critical for people to have a practical and effective way to hold those involved in state decisions accountable for their actions.

The proposed Leadership Accountability Court (LAC) will be an independent court that can process complaints against politicians, judges, local council and public servant actors, members of the media, and government employees, holding them responsible for unreasonable, unethical, unfair, or wrong actions. 

The LAC aims to ensure that government employees act in the best interests of citizens and improve the functioning of government while minimising disruptions to daily life. 

In the current adversarial system, those in public office are often able to stall or refuse to answer complaints. This allows bad actors to learn how to manipulate the system for their own benefit, rising to the top and delivering little value to those they are supposed to serve. 

True democracy would surely allow people the easy ability to obtain accountability and transparency from those in power, and to question their actions to ensure fairness and justice.

Proposed Procedure

1. A citizen who is aggrieved with the action or inaction of a Responsible Person over which the Court has jurisdiction can make a complaint to the Leadership Accountability Court (LAC) for a hearing.
2. In order to make such a complaint, [three] experts in a relevant field must provide written approval that the action or inaction complained about is prima facie unreasonable, unethical, inequitable or unconscionable .
3. On receipt of the [three] written approvals, the LAC must schedule a hearing at the first available time. There is no discretion to reject the application.
4. The hearings will be presided over by a qualified single LAC Judge, salaried and appointed by the government, who need not be a lawyer. LAC Judges will be government officials, and their own decisions subject to the jurisdiction of the Leadership Accountability Court .  
5. All hearings will be virtual. Evidence and expert opinion shall be heard virtually. Juries will sit and deliberate virtually.
6. Jurors will be selected from a randomly generated pool from the electoral register, who shall then pass a basic assessment to qualify them for the LAC jury pool.
7. Parties may be represented at hearings, or may represent themselves. Legal aid will be provided if required.
8. If the relevant official chooses not to attend the hearing or be represented, the jury may draw an adverse conclusion from such a lack of cooperation, although this is not a presumption of proof of the complaint.
9. There will be 11 members of a LAC jury. Verdicts will be by simple majority, and may only be “proved” or “unproved”. Neither juries nor LAC Judges will be empowered to award damages to the complainant.
10. The function of the Leadership Accountability Judge will mainly be administrative. The judge may not make any summary of the facts of the case to the jury, but shall remind the jury of the burden of proof on the complainant (balance of probabilities) and explain the concept of unreasonable, unethical, inequitable or unconscionable conduct to the jury. The judge may make no indication to the jury of his/her opinion on whether the burden of proof has been satisfied by the complainant.
11. If the jury finds the complaint proved, the LAC Judge will make an order that the relevant individual address the inequity within 30 days. The LAC Judge has no discretion to make any other order. If the inequity is not addressed within 30 days to the satisfaction of the complainant, acting reasonably, the complainant may return to the Court and, unless contested, the LAC Judge must make an order requiring the government/employer to dismiss the relevant Responsible Person. If contested, the same jury will be re-empanelled to decide, on the balance of probabilities, if the proved complaint has been addressed by the official. If the jury, by simple majority, decides that the complaint has not been addressed, the LAC Judge will make a dismissal order. The LAC Judge will have no discretion to make any other order.
12. There shall be no appeal from the decision of the jury or the order of a LAC Judge. Refusal to obey a dismissal order of a LAC Judge will be treated as contempt of court and result in immediate arrest and imprisonment until the dismissal order is complied with.

 How to get Accountability from a system that refuses to change? 

Whether through the establishment of a new political party or by convincing existing political parties and their members to outvote the ignorant old guard to make the 4th Hand Project official party policy will ensure its a short step into law so we can all be protected from idiots in power. The 4th Hand Movement is committed to advancing robust accountability measures to uphold our democratic principles, as well as safeguarding our sovereignty, developing a competitive advantage and promoting a unified nation governed by a consistent set of laws that hold all individuals, particularly those in positions of power, accountable. There is no reason to excuse any tax paid leader from laws that regulate non government persons. Opportunistic self interest exploitation of public assets and power are a continuing risk for every community. 

We also propose implementing a system that holds public officials accountable for their actions or inactions that contribute to corruption. This could include the imposition of financial penalties and incarceration for individuals who knowingly or negligently ignore complaints about corrupt practices. This would serve as a powerful deterrent against corruption and send a clear message that such behaviour will not be tolerated in our society.

Why hold the media accountable? 

People need to know the facts in order to make informed decisions. In the past 40 years the media now referred to as ‘the corporate media’ has shifted from publishing unbiased information to publishing often false or misleading propaganda in an attempt to manipulate the public narrative for some hidden agenda. 

In what ways can you offer assistance? 

By spreading the word about the 4th Hand Movement, you are actively contributing to the modernisation of our democracy. You have the power to use this tool to promote change and create a better future for our nation. It is crucial that we engage in conversations with our fellow New Zealanders and emphasise that the government is a trust structure owned by all of us. Therefore, it is our collective responsibility to establish the rules and regulations that govern our society. Let us work together to promote accountability in government and pave the way for a stronger, more responsive democracy.

The need for implementing leadership accountability laws is urgent and critical for the survival of our nation. The current state of governance has resulted in extremely serious problems and it is imperative that we all act now to prevent further deterioration. It is our responsibility to raise awareness about this issue and demand immediate action from those in power. The future of our country is at stake and we cannot afford to delay any longer. We must come together and work towards building a government that is accountable and responsive to the needs of the people.

The 4th Hand Project  - The People's “Hand” on Government Power  Modernising Democracy - New Zealand 2023


About me "Chris Wingate Kiwi in Australia"

https://www.nzherald.co.nz/nz/chris-wingate-a-kiwi-in-australia/AJCSKDD4OT27MJOINXJ6J5YWTI/

Lord Sumption

https://www.bbc.co.uk/programmes/m00057m8


Footnote: Yes I am one of those who posts and then edits.






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