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COMPLAINT TO THE POLICE REGARDING MP JOHN KEY’S FAILURE TO DISCLOSE HIS PECUNIARY INTEREST IN TRANZRAIL:3 October 2008

COMPLAINT TO THE POLICE  REGARDING MP JOHN KEY’S FAILURE TO DISCLOSE HIS PECUNIARY INTEREST IN TRANZRAIL:

 

3 October 2008

 

SUMMARY OF COMPLAINT:

 

National Party Leader John Key, at the time he was the Member of Parliament for Helensville, failed to declare his pecuniary interest in Tranz Rail at a time it was an ‘Item of Business’ before the House.

The pecuniary interest was in the form of shares in Tranz Rail held in a ‘family trust’, and shares held by John Key himself, from 16 February 2002 to 13 June 2003.

It is clear requirement under the Parliamentary Standing Orders applicable at the time, that MPs declare such pecuniary interest.

John Key asked oral and written questions in the House, seeking commercially sensitive information about Tranz Rail at a time he had an undisclosed pecuniary interest in Tranz Rail.

John Key then requested commercially sensitive information about Tranz Rail from the Minister of Finance in the form of an Official Information Act request, at a time he had an undisclosed pecuniary interest in Tranz Rail.

When the Minister of Finance declined to provide the above-mentioned information, John Key wrote a letter of complaint to the Ombudsman, in order to attempt to ‘flush out’ this commercially sensitive information about Tranz Rail, at a time he had an undisclosed pecuniary interest in Tranz Rail.

In my view, this represents a clear ‘conflict of interest’.

In my view, this represents ‘misuse of public office for private gain’.

My understanding is that decision-making should be guided by the principles of integrity, honesty, transparency, openness, independence, good faith and service to the public.

My understanding is that an MP should declare if there is a clear legal requirement or written rule, and the onus to comply is with the MP.

My understanding is under ‘common law’, any financial conflict of interest  (except one which is trivial), amounts to an automatic disqualification from participating in the decision.

ie: Where conflict of interest is financial – bias is presumed to exist.

New Zealand has the status of the ‘least corrupt country in the world’ (along with Denmark and Sweden).

‘Misuse of public office for private gain’ is a widely-used definition of corruption.

The public interest in making this complaint is, in my view, significant, because these are the actions of  the man who seeks to lead the ‘least corrupt country in the world’ – New Zealand.

Please be advised that I am also lodging a complaint with the Police.

(I was advised that I could make a complaint to either the Serious Fraud Office, the Police, or both.)

Please also be advised, that in the public interest, I am making details of this complaint publicly available.

All the evidence I have provided is in the public domain.

‘Trust’ – has become a very significant issue in this election campaign.

As a ‘judicially recognised Public Watchdog,’ who has defended the rights of citizens to ‘open, transparent and democratically accountable’ local government, equally I believe that citizens have the right to expect these principles to be upheld at central government.

Particularly by those in leadership positions – who, in my view, must be seen to ‘practice what they preach’, and lead by example.

DETAILS OF COMPLAINT AND EVIDENCE PROVIDED

TO SUBSTANTIATE THIS COMPLAINT:

 

A) STANDING ORDERS OF THE HOUSE OF REPRESENTATIVES 1999: EXHIBIT “A -(1)”

PECUNIARY INTERESTS

165     Pecuniary Interests

(1)  A pecuniary interest is a direct financial benefit that might accrue to a member personally, or to any trust, company or other business entity in which the member holds an appreciable interest, as a result of the outcome of the House’s consideration of a particular item of business.

(2) A pecuniary interest –

(a) includes a pecuniary interest held by a member’s spouse or domestic partner or by any child of the member who is wholly or mainly dependent on the member for support.

(b) does not include any interest held by a member or any other person as one of a class of persons who belong to a profession, vocation or other calling or who hold public offices or an interest held in common with the public.

166     Declaration of pecuniary interest

A member must, before participating in the consideration of any item of business, declare any pecuniary interest in which the member has in that business.

STANDING ORDERS OF THE HOUSE OF REPRESENTATIVES 2004: EXHIBIT “A – (2)”

PECUNIARY INTERESTS

164     Pecuniary Interests

(1)  A pecuniary interest is a direct financial benefit that might accrue to a member personally, or to any trust, company or other business entity in which the member holds an appreciable interest, as a result of the outcome of the House’s consideration of a particular item of business.

(2) A pecuniary interest –

(a) includes a pecuniary interest held by a member’s spouse or domestic partner or by any child of the member who is wholly or mainly dependent on the member for support.

(b) does not include any interest held by a member or any other person as one of a class of persons who belong to a profession, vocation or other calling or who hold public offices or an interest held in common with the public.

165     Declaration of pecuniary interest

A member must, before participating in the consideration of any item of business, declare any pecuniary interest in which the member has in that business.

 

B) SHARES HELD BY MP FOR HELENSVILLE,  JOHN KEY FROM 16/02/2002 – 13/06/2003:

(1)       COMPUTERSHARE INVESTOR SERVICES LIMITED             (EXHIBIT “B – (1)”)

HISTORICAL REGISTER FOR THE PERIOD 01/01/2002 TO 31/12/2002

 

24120 JOHN PHILLIP KEY & BRONAGH IRENE KEY & KENNETH GREY WHITNEY,

PO BOX 1822, AUCKLAND.

NZ       24252   16/02/2002            30,000

 

24392    19/02/2002           20,000

(2)       COMPUTERSHARE INVESTOR SERVICES LIMITED             (EXHIBIT “B – (2)”)

HISTORICAL REGISTER FOR THE PERIOD 01/01/2003 TO 31/12/2003

 

34120 JOHN PHILLIP KEY & BRONAGH IRENE KEY & KENNETH GREY WHITNEY,

PO BOX 1822, AUCKLAND.

NZ       41565   13/06/2003            50,000-

**** HOLDING DELETED

 

861244 JOHN PHILLIP KEY , C/O MR M WHITNEY    PO BOX 1822, AUCKLAND.

NZ       37610    7/05/2003            50,000

41135  10/06/2003            50,000 –

**** HOLDING DELETED

 

C) SUPPLEMENTARY QUESTION ON TRANZRAIL ASKED BY MP JOHN KEY TO ORAL QUESTION 8  ON  9 APRIL 2008:                                                                (EXHIBIT “C”)

ORDER PAPER, DEBATES (HANSARD), QUESTIONS, DAILY PROGRESS, JOURNALS QUESTIONS FOR ORAL ANSWER                                                             Date: 9 April 2003

8.  Tranz Rail – Rail Network

[Volume:607; Page:4969

 

John Key: What instructions has the Minister issued to Treasury regarding the many secret meetings it has held in recent months with Tranz Rail’s management, and can he confirm the reasons that all proposals to spend the $30 million allocated to Transfund in the alternatives to roading scheme have indeed been stonewalled by him to ensure Cabinet had the resources to buy back the tracks, once Treasury reports back to him in a month?

D) QUESTION FOR WRITTEN ANSWER ON TRANZRAIL  ASKED BY MP JOHN KEY ON 14 APRIL 2008:                                                                                                  (EXHIBIT “D”)

ORDER PAPER, DEBATES (HANSARD), QUESTIONS, DAILY PROGRESS, JOURNALS QUESTIONS FOR WRITTEN ANSWER                                                       Date: 14 April 2003

 

3444 (2003)  John Key to the Minister of Finance (14 Apr 2003)

Further to his response to my supplementary question to oral question 8 on 9 April 2003, how many meetings have taken place between Treasury officials and Tranzrail during 2003, on what dates did they occur, who was present at each meeting and what was the agenda for each of the meetings.

E) MP JOHN KEY’S OFFICIAL INFORMATION ACT (OIA) REQUEST TO THE MINISTER OF FINANCE MICHAEL CULLEN, REQUESTING COMMERCIALLY SENSITIVE INFORMATION ABOUT TRANZRAIL DATED 23 APRIL 2003:

(EXHIBIT “E”)

23rd April 2003                                    John Key

MP for Helensville

Hon Dr Michael Cullen

Minister of Finance

Level 7 Exec Wing

 

Dear Dr Cullen

 

Further to your response to written question 03444(2003), I would like to request, under the Official Information Act, copies of the minutes of the meetings between Treasury officials and Tranzrail representatives, which were held on Tuesday 11 March, Wednesday 26 March and Wednesday 16 April, as well as minutes of any such meeting held after the date on which you responded to the above numbered written question.

In addition, I would like a copy of the list of invitees and attendees of the meetings, including their designation, if these are not included on the official minutes.

Yours sincerely

 

………… (unreadable signature )

 

pp John Key

MP for Helensville

 

F) ACKNOWLEDGMENT FROM MINISTER OF FINANCE MICHAEL CULLEN’S OFFICE OF THE ABOVE-MENTIONED OIA REQUEST,  DATED 23 APRIL 2003:

(EXHIBIT “F”)

23 April, 2003

 

John Key

MP for Helensville

Parliament  Buildings

WELLINGTON

 

Dear John

On behalf of the Hon Dr Michael Cullen, Minister of Finance, I acknowledge receipt of your letter of 23 April 2003 requesting:

“copies of the minutes of the meetings between Treasury officials and Tranzrail representatives, which were held on Tuesday 11 March, Wednesday 26 March and Wednesday 16 April, as well as minutes of any such meeting held after the date on which you responded to the above numbered written question.

In addition, I would like a copy of the list of invitees and attendees of the meetings, including their designation, if these are not included on the official minutes.”

Your request was received in this office on 23 April 2003 and will be responded to under the provisions of the Official Information Act.

 

Yours sincerely

Fleur Hivon

Ministerial Assistant

 

G) LETTER FROM THE OFFICE OF THE OMBUDSMAN, DATED 27 MAY 2003, REGARDING  A COMPLAINT RECEIVED FROM MP JOHN KEY, ABOUT MINISTER OF FINANCE MICHAEL CULLEN’S  FAILURE TO PROVIDE THE REQUESTED COMMERCIALLY SENSITIVE INFORMATION ABOUT TRANZRAIL.         (EXHIBIT “G”)

Office of the Ombudsmen

Ref:  W50303

Our Contact: Andrew McCaw

 

Hon Michael Cullen

Minister of Finance

Parliament Buildings

WELLINGTON

 

Dear Mr Cullen

 

OFFICIAL INFORMATION ACT COMPLAINT

JOHN KEY, MP FOR HELENSVILLE

In the temporary absence of Anand Satyanand, Ombudsman, I am writing to inform you that Mr Satyanand has received a complaint from Mr John Key, MP for Helensville, about your decision not to provide him with certain information. Mr Key has asked for an investigation and review of this decision under the Official Information Act.

Briefly I understand the background to be as follows.  On 23 April 2003, Mr Key wrote to you requesting copies of the minutes from recent meetings between Treasury officials and Tranz Rail, and a list of attendees at those meetings.

You responded by letter dated 20 May 2003 refusing to release the information pursuant to sections 9(2)(a), 9(2)(b)(ii) and 9(2)(ba)(i). It is this decision that Mr Satyanand has been asked to investigate.

…………….

Yours sincerely

Leo Donnelly

Assistant Ombudsman

H) SECTIONS OF THE CRIMES ACT 1961 WHICH MAY HAVE BEEN BREACHED:

105A Corrupt use of official information

Every official is liable to imprisonment for a term not exceeding 7 years who, whether within New Zealand or elsewhere, corruptly uses or discloses any information, acquired by him in his official capacity, to obtain, directly or indirectly, an advantage or a pecuniary gain for himself or any other person.

Section 105A was inserted, as from 1 July 1983, by section 3(1) Crimes Amendment Act (No 2) 1982 (1982 No 157).

Section 105A was amended, as from 1 July 1993, by section 2 Crimes Amendment Act 1993 (1993 No 33) by inserting the words “or discloses”.

107 Contravention of statute

(1) Every one is liable to imprisonment for a term not exceeding one year who, without lawful excuse, contravenes any enactment by wilfully doing any act which it forbids, or by wilfully omitting to do any act which it requires to be done, unless—

 

(a) Some penalty or punishment is expressly provided by law in respect of such contravention as aforesaid; or

(b) In the case of any such contravention in respect of which no penalty or punishment is so provided, the act forbidden or required to be done is solely of an administrative or a ministerial or procedural nature, or it is otherwise inconsistent with the intent and object of the enactment, or with its context, that the contravention should be regarded as an offence.

 

(2) Nothing in subsection (1) of this section applies to any contravention of any Imperial enactment or Imperial subordinate legislation that is part of the laws of New Zealand, or to any omission to do any act which any such Imperial enactment or Imperial subordinate legislation requires to be done.

 

(3) In subsection (2) of this section, the terms Imperial enactment and Imperial subordinate legislation have the meanings given to them by section 2 of the Imperial Laws Application Act 1988.

Compare: 1908 No 32 s 129

Subsections (2) and (3) were inserted, as from 1 January 1989, by section 2

Crimes Amendment Act 1988 (1988 No 114).

228 Dishonestly taking or using document

Every one is liable to imprisonment for a term not exceeding 7 years who,

with intent to obtain any property, service, pecuniary advantage, or valuable consideration,—

(a) dishonestly and without claim of right, takes or obtains any document; or

(b) dishonestly and without claim of right, uses or attempts to use any document.

Compare: 1961 No 43 s 229A

Subsections (3) and (4) were repealed, as from 1 October 1985, by section 9(1) Crimes Amendment Act (No 2) 1985 (1985 No 121).

Part 10 (comprising sections 217 to 305) was substituted by a new Part 10 (comprising sections 217 to 272), as from 1 October 2003, by section 15 Crimes Amendment Act 2003 (2003 No 39).

 

240 Obtaining by deception or causing loss by deception

(1) Every one is guilty of obtaining by deception or causing loss by deception who, by any deception and without claim of right,—

(a) obtains ownership or possession of, or control over, any property, or any privilege, service, pecuniary advantage, benefit, or valuable consideration, directly or indirectly; or

(b) in incurring any debt or liability, obtains credit; or

(c) induces or causes any other person to deliver over, execute, make, accept, endorse, destroy, or alter any document or thing capable of being used to derive a pecuniary advantage; or

(d) causes loss to any other person.

(2) In this section, deception means—

(a) a false representation, whether oral, documentary, or by conduct, where the person making the representation intends to deceive any other person and—

(i) knows that it is false in a material particular; or

(ii) is reckless as to whether it is false in a material particular; or

(b) an omission to disclose a material particular, with intent to deceive any

person, in circumstances where there is a duty to disclose it; or

(c) a fraudulent device, trick, or stratagem used with intent to deceive any person.

Compare: 1961 No 43 ss 246, 247, 270

Part 10 (comprising sections 217 to 305) was substituted by a new Part 10 (comprising sections 217 to 272), as from 1 October 2003, by section 15 Crimes Amendment Act 2003 (2003 No 39).

241 Punishment of obtaining by deception or causing loss by deception

Every one who is guilty of obtaining by deception or causing loss by deception is liable as follows:

 

(a) if the loss caused or the value of what is obtained or sought to be obtained exceeds $1,000, to imprisonment for a term not exceeding 7 years:

(b) if the loss caused or the value of what is obtained or sought to be obtained exceeds $500 but does not exceed $1,000, to imprisonment for a term not exceeding 1 year:

(c) if the loss caused or the value of what is obtained or sought to be obtained does not exceed $500, to imprisonment for a term not exceeding 3 months.

Compare: 1961 No 43 s 246(2)

Part 10 (comprising sections 217 to 305) was substituted by a new Part 10 (comprising sections 217 to 272), as from 1 October 2003, by section 15 Crimes Amendment Act 2003 (2003 No 39).

Looking forward to your prompt consideration of this complaint.

Yours sincerely,

Penny Bright

Ph (09) 846 9825

021 211 4 127

waterpressure @gmail.com

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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April 7, 2011 - Posted by | Fighting corruption in NZ

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