Sunday, March 3, 2013

I swear that ....#2

I swear that ....#2

I have just received this from my independent advisor
Paul,
I have finally had some time to further look at the issues that you raised with regarding the action your are engaged in re employment.
Should your contention re the purported verbal complaint be proven, then a cursory reading of the Crimes Act reveals that the following laws may apply, see below, these would need to be examined in depth , to determine further outcomes, so do not read them as literal yet...I will continue to assist as time permits...it certainly is an interesting exercise.
can you confirm those documents signed off as true and correct , that you have, or will request.
Anyway for your consideration and review, it is early in the journey
cheers

113Fabricating evidence
• Every one is liable to imprisonment for a term not exceeding 7 years who, with intent to mislead any tribunal holding any judicial proceeding to which section 108 applies, fabricates evidence by any means other than perjury.
Compare: 1908 No 32 s 135
110False oaths
• Every one is liable to imprisonment for a term not exceeding 5 years who, being required or authorised by law to make any statement on oath or affirmation, thereupon makes a statement that would amount to perjury if made in a judicial proceeding.
66Parties to offences
• (1)Every one is a party to and guilty of an offence who—
o (a)actually commits the offence; or
o (b)does or omits an act for the purpose of aiding any person to commit the offence; or
o (c)abets any person in the commission of the offence; or
o (d)incites, counsels, or procures any person to commit the offence.
70Offence committed other than offence intended
• (1)Every one who incites, counsels, or procures another to be a party to an offence of which that other is afterwards guilty is a party to that offence, although it may be committed in a way different from that which was incited, counselled, or suggested.
(2)Every one who incites, counsels, or procures another to be a party to an offence is a party to every offence which that other commits in consequence of such inciting, counselling, or procuring, and which the first-mentioned person knew to be likely to be committed in consequence thereof.
240Obtaining 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,—
o (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
o (b)in incurring any debt or liability, obtains credit; or
o (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
o (d)causes loss to any other person.
(2)In this section, deception means—
o (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
o (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
o (c)a fraudulent device, trick, or stratagem used with intent to deceive any person.
257Using forged documents
• (1)Every one is liable to imprisonment for a term not exceeding 10 years who, knowing a document to be forged,—
o (a)uses the document to obtain any property, privilege, service, pecuniary advantage, benefit, or valuable consideration; or
o (b)uses, deals with, or acts upon the document as if it were genuine; or
o (c)causes any other person to use, deal with, or act upon it as if it were genuine.
(2)For the purposes of this section, a document made or altered outside New Zealand in a manner that would have amounted to forgery if the making or alteration had been done in New Zealand is to be regarded as a forged document.
258Altering, concealing, destroying, or reproducing documents with intent to deceive
• (1)Every one is liable to imprisonment for a term not exceeding 10 years who, with intent to obtain by deception any property, privilege, service, pecuniary advantage, benefit, or valuable consideration, or to cause loss to any other person,—
o (a)alters, conceals, or destroys any document, or causes any document to be altered, concealed, or destroyed; or
o (b)makes a document or causes a document to be made that is, in whole or in part, a reproduction of any other document.
(2)An offence against subsection (1) is complete as soon as the alteration or document is made with the intent referred to in that subsection, although the offender may not have intended that any particular person should—
o (a)use or act upon the document altered or made; or
o (b)act on the basis of the absence of the document concealed or destroyed; or
o (c)be induced to do or refrain from doing anything.
259Using altered or reproduced document with intent to deceive
• (1)Every one is liable to imprisonment for a term not exceeding 10 years who, knowing any document to have been made or altered in the manner and with the intent referred to in section 258, with intent to obtain by deception any property, privilege, service, pecuniary advantage, benefit, or valuable consideration, or to cause loss to any other person,—
o (a)uses, or deals with, or acts upon, the document; or
o (b)causes any person to use or deal with, or act upon, the document.
(2)For the purposes of this section, it does not matter that the document was altered or made outside New Zealand.
Compare: 1961 No 43 s 266B
332Indictment for perjury or fraud
• (1)No count charging perjury, the making of a false oath or of a false statement, or the fabrication of evidence, or procuring the commission of any of those crimes, shall be deemed insufficient on the ground that it does not state the nature or the authority of the tribunal before which the oath or statement was taken or made, or the subject of the inquiry, or the words used, or the evidence fabricated, or that it does not expressly negative the truth of the words used; but the court may order that the prosecutor shall furnish further particulars in writing of what is relied on in support of the charge.
(2)No count charging any false pretence, or any fraud, or any attempt or conspiracy by fraudulent means, shall be deemed insufficient because it does not set out in detail in what the false pretence, or the fraud, or the fraudulent means consisted; but the court may order that the prosecutor shall furnish further particulars in writing of those matters, or any of them.

and here is the kicker with me, putting in a statement of problem and if they want to take it the investigation stage
two things will transpire
one they will be put under oath so lying is perjury
two one of the sunday papers has responded to my expression of interest  so the media will be doing a feature






Be very aware  some if not all of the names below are the subject of a still open complaint for fraud with the Hamilton police

Bridgette Dalzell :current head of outsourced customer care at telecom New Zealand whom is Michelle Young's direct report at time of incident



Michelle Young :call centre manager Hamilton call centre, whom is Shaun Hoults direct report at time of incidents



Shaun Hoult: team manager weekend team Sat-Tues Hamilton



Iain Galloway HR representative for in Hamilton



Hannah Sullivan HR representative head office

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