Consolidated Fund Theft.
(1). The Crown (Crown Administration) has no Statutory Instruction (SI) to 'top up' the GSF (Government Superannuation Fund) from the public purse (the Consolidated Fund), nor does the Crown have a SI to levy a flat 30% (now 40%) deduction at the source of that fund to make those fund payments free of income tax. As GSF members are democratically equal to private employees they are to be taxed in their correct tax bracket as the GSF is (to all intents and purpose) private.
(2). This scam/public revenue theft is accomplished with Crown "pulling the wool" over the senior Ministers/MPs (some of whom are co-opted GSF members). For example, the 2008-11 Speaker (my electorate MP for 20 years). He refused to acknowledge the documentary evidence that my overseas SS (Social Security) occupational pension was contractually commercial. He preferred instead to believe the Crown's unfounded reasoning that my overseas contractual pension was state-funded. The reason?
(3). Since the 1960s, the Crown has been operating the contractual/retirement GSF scheme (similar to a Ponzi scam) with unlawful part public revenue payouts to retired MP/Civil servants. Ordinary Crown employees "thought" they were entering a legitimate pension contract. These members paid their annual mandatory dues but their employers failed to fulfill their annual mandatory contractual obligations. If the ordinary employee lasted the contract period they only benefited as long as there was sufficient funds from under investments and new contributions, which were insufficient from 1997.
(4). On pages 12 & 13, Business section of the NZ Herald 2nd Sept 2011 is an article referring toBernie Madoffwho operated a similar Ponzi scam for decades. This US scam stole $60 Billion while the NZ GSF Ponzi scam has only stolen approx NZ$13 Billion of our public revenue since 1997.
(5). In 1974, I signed a GSF contract with my Crown employer. This contract was ipso facto (unbeknown to me) as it was not consistent with the conditions in the SIs of that 1956 GSF Act, nor lawful as my employer did not have the authority to offer these contractual terms. All pension/annuities/superannuation schemes have to be officially operated under a statutory Act. For example the NZ Superannuation Act 1998 (not to be confused NZ Super Act 2001 which doesn't apply to the SS (Social Security) Act 1964.
(6). My weekly basic paywas deducted at 9% and paid to the GSF by my Crown employer andthe Government was to pay me a guaranteed pension at aged 65, based on 60% of my last year's salary. This was not with any Parliaments SI in the GSF Act 1956.
(7). I have also discovered recently that this ipso facto pension was to be taxed 30% (now I believe up to 40%) at source and then not to be included with recipient's annual tax return. This is against the IRD's decision arrived at by the Supreme Court upholding the Court of Appeal's verdict in the "Penny and Cooper v IRD" appeal, a clarification on page 3 of the Business section of the Herald, (4) above.
(8). This IRD clarification proves that the GSF $1.5 annuity awarded (exempted by the IRD from income tax) to Mr. John Carter (ex Senior Citizens Minister) last June falls into the same earners as Penny and Cooper!
(9). The GSF requires annual contributions from both employers/employees or else there will be a shortage of investment returns (which has happened since 1997). The employers contributions (prior to 1992) were covered by Parliaments granted approbations to cover Crown's fund to the GSF but they failed to meet these contractual obligations!
(10). In 1979, under the supposedly SI contractual conditions, I cancelled my contract and my previous contributions were returned to me with no interest from this "loan".
(11). Approx 60% of the past and present GSF employee members, mostly employees similar to myself, had been "conned" into signing such ipso facto contracts, contracts that were said to have been guaranteed by the Government, a guarantee that could not be honoured as the Government does not have any such authority (or money) as it has only a three year control of the Treasury benches. These Crown employers thus could not guarantee that future Governments would pay those pensions as those employers had no democratic or legal right to offer such contractual terms as:-
(12). It was ultra vires (or without authority) to offer such a contract, my wages were thus deducted unlawfully by my employer as no contract existed and our Parliament had NOT sanctioned any SI in the GSF Act 1956. That ultra vires action is one of the vitiating factors in annulling this ipso facto contract before it was entered into!
(13). Governments have (since 1997) unwittingly (still unlawful) sanctioned the annual payment guarantees out of the Public Consolidated Fund to the GSF WITHOUT a standing SI. This is a serious breach of our democratic system as the grand total to 2010 is approx $13,000,000,000 with the 2009/10 financial year grant being $650,000,000!
(14). Proof of this scam is in a letter dated 11th May 2009, sent to Labour MP Ross Robertson, by the Finance Minister (both GSF members), stating [it is not correct to refer to the Government Superannuation Fund (GSF) as non-statutory]. This was probably written and signed by one of his Parliamentary staff and is a cover up of this Crown abuse. According to the Finance Minister's statement the GSF IS a lawful statutory/state funded pension, which it cannot be.
(15). The Crown's "creative accounting" methods to "build up" the public Consolidated Fund is in order to promote their GSF annual ultra vires actions and are:-
(a). Approbations granted to the Crown Ministries, are "saved" by Government decree (not Parliament's). These "savings" are not returned to Treasury but the Consolidated Fund, where it joins other SOE profits, sales etc.
(b). These "savings" are then "laundered" to the GSF without any annual Consolidated Act. For Consolidated Act example, see the South Canterbury Finance Act 2010 to "save" the late Mr. Hubbard's said to be failing empire. These Acts can last for 2 yrs.
(c). This laundering is destined to be on an ever increasing scale for the next 40/50 years as more and more MPs/Government employees retire and receive their annuities or pensions (example Mr. John Carter's taxpayer funded tax free $1.5 annuity) as there are less and less members to contribute and GSF investment returns!
(d). This is the GSF's similar to a Ponzi scheme where pensions (interest) are paid fromcontributing members (investor deposits), see paragraph (4)!
(16).Benefiting from this ipso facto Ponzi scam are some 50,000 retired Public/Civil servants (including former Ministers and Speakers) and their dependants.
(17). Present GSF members are sitting Government MPs including the Speaker Lockwood Smith, Ministers' Bill English, Tony Ryall, Murry McCully, Nick Smith, John Carter, Maurice Williamson, Progressive MP Jim Anderson and United Future MP Peter Dunne plus others.
(18). Act MP Sir Rodger Douglas's gravy boat is "out of commission" while he is a sitting MP but will be "re-commission", when leaving the House of Representatives.
(19). Sitting Labour MPs Liahan Dalziel, Ross Robertson, Peter Hodgeson, Annette King, Trevor Mallard and George Hawkins will also join this gravy chain on retirement.Another ipso facto GSF recipient could be the well known Mr. Winston Peters!
(20). Last year I wrote to Mr. Dunne explaining that my overseas SS occupational pension was akin to the GSF but was being directly deducted 100% by the MSD/IRD collection agency. In previous years from 2000/9 I had paid a total of pro rata income tax to a GSF recipient on that overseas income!
(21). I explained the relationship between those two pensions and provided proof. This explanation and proof I provided TWICE to Mrs. Little at the Takapuna IRD office but I am still receiving getting tax demands.
(22). All these Crown actions are undemocratic and even the present PM, The Hon. Mr. John Key's late mother received this treatment prior to 2001. This undemocratic treatment is akin to that which her parents endured as a minority sect in Austria in the 1930 & 1940s.Refer to The Three Needy Widows posted on The Pulpit notice board.
(23). The following letter is a complaint of democratic/financial abuse from a 79 year old NZ born citizen to her electorate MP as part of her state-funded NZ Super is helping to swell the coffers of the public purse:-
Hon.Rodney Hide MP.
Epsom,
Auckland.
1st Aug 2011
Dear Rodney,
Thank you for the copy of the Minister of Social Development Hon. Paula Bennett's reply to my query, re the unlawful deduction of one of my two UK occupational pensions, by the imposition of s.70 of our SS (Social Security) Act 1964.
My two overseas occupational pensions come under commercial law and therefore cannot be superseded by domestic law unless by domestic means-testing or direct deduction regime is used in assessing qualification for any of our state-funded benefits that come under our SS(Social Security) Act 1964.
Qualification for our state-funded NZS (NZ Super) is to be income/asset free except for proviso 3 of this NZS Act 2001 (or previous domestic legislation. This proviso is for any state-funded benefits that come under the1964 Act or s.70. I don't have any such benefits that come under the intention of this statutory instruction.
One of my overseas occupational pensions was subject to s.70 under the interlocutory to the 1964 Act, the SW Order in Council 1990/85 from July until Sept 1993. That Order being invoked fully qualifies me for the NZS but after that date I became fully qualified by age and residency and was no longer required.
The Minister seems unaware of the difference between commercial and domestic law but our shared ignorance of the law is surely too little excuse...so would you ask her to request her Ministry to pay me my full entitlement to our state-funded NZS and also my unpaid entitlement back to Sept 1993 please?
Beth W
(24). I believe Dick Hubbard was deliberately placed in statutory receivership in order to release public revenue from the Treasury in order to buy his reputed financial enterprises, sell them off and return any price returned, to the Consolidated Fund.
(25). This Consolidated Fund would look nice and rosy when the GSF Actuary reported to Parliament this month and which will include the latest 2010/11 "Government contributions"!
F.C. Dunn
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