Allied Pensioners of New Zealand


Illegitimi non carborundum

[By e-mail 20th Oct 2009 from Mr. Peter Hughes, NZ CEO/MSD]

I have discussed your case with H******, Deputy Chief Executive, Students, Seniors, and Integrity Services and I can understand your concerns. The quality of service we have provided to Mrs. 548 is not good enough.
I have discussed this with H****** and she is very clear that the quality of our service in this case is unacceptable.H****** has also assured me that from now on Mrs. 548 will receive the level of service I expect is given to all clients.
Thank you for writing to me.

Why has the CEO delegated the BUCK to a LESSER mortal? He has acknowledges that the service WINZ gave to 548 is shocking and then condescends to give a LESS but still UNACCEPTABLE level of democratically financial abusive service we other 60,000 victims receive!
Has this $500,000 salaried Civil Servant no idea of the combined annual $300,000,000 theft we 60,000 DON'T receive, or has he no shame? I think it is the latter!
GOD HELP US ALL, our MPs won't as the NZ Crown has bought them with OUR taxes!
Regards - Frank

Sir, there is none!
Before anyone gives an opinion, legal or otherewise, they should first be aware of ALL the facts. The following are proven facts:-

  • Fact (1), the biggest fact is that statutory/subordinate law CANNOT supersede natural law but I don't have to prove that fact to anyone!
  • Fact (2), there has to be two willing partners to a contractual pension and a contract willingly entered into by myself and my employers.
  • Fact (3), the GSF (Government Superannuation Fund) and any overseas SS (Social Security) OCCUPATIONAL pension, are of the same type, as they are willingly entered into.
  • Fact (4), ANY occupational pension, including the GSF and any overseas SS occupational pension, is a TYPE 2 pension (see attachment 'CONTRIBUTORY and NON-contributory'), are subject to the International Instrument, ILO C118, Articles 2..6 (b), 3.1' and '2.6'. These Articles illustrate the PROTECTION C118 affords a SS occupational type pension, WHILE that recipient is resident in another nation, see Fact 16.
  • Fact (5), as it is not natural to equate contributory to non-contributory, so to equate an overseas SS contractual pension (compulsory contributions) to the statutory (non-contributory to the recipient) NZ Superannuation benefit is unnatural!
  • Fact (7), my overseas NIF SS occupational pension and Tony's (see attachment 'Tony's Military pension'), are made under the contractual CONDITIONS of Part I of the C&B, and the Dutch Military occupational pension respectively.Most of Tony's military pension is sent as premiums/contributions to the Dutch AOW SS occupational pension and is NOT to be subjected to the statutory s.70!
  • Fact (8), couples Charles Pitt & wife, Bill Newbury & wife, Tony van der Stelt & wifeand myself & wife, each has a separate overseas SS occupational pension, that can be of no concern to the NZ Crown.They unlawfully apply the statutory s.70 to those contractual pensions.Each couple, respectively, is been annually denied $2,000 (since 1984), $9,000 (since 1997), $7,000 (since 1992) and $10,000 (since 2000) of statutory entitlements to the financial benefit of the NZ Superannuation (NZS).Even the PMs late mum, Mrs. Ruth Key, was denied an unknown amount of her widows NIF contractual pension, or scammed in other words (see attachment 'Victims 3 4 5)!
  • Fact (9), Mr. Jim Anderton MP is fully qualified for the NZS Social Assistance benefit, so are we 60,000 others but by the MSD misinterpretation of theirstatutory instructions in the SS Act 1964, results in EIGHT (8) different amounts of statutory benefits and yet we are all DEMOCRATICALLY equal to that full benefit of the NZS, less any overseas STATUTORY benefits/pensions we may have, but NOT ONE has such a benefit! Yet we all receive different amounts of the NZ Superannuation (NZS) benefits and we are all democratically equal, therefore that interpretation of MUST be incorrect!
  • Fact (10), as the full statutory NZS benefits have been paid to the MSD (by Treasury) in their annual approbation, the unpaid NZS benefits have been returned to the PCF (PUBLIC Consolidated Fund). These unpaid statutory benefits join other Crown Ministries approbation 'savings', which are then returned to the PCF.From there, those returned approbations are 'laundered' to the NON-public GSF by the Crown's misinterpretation of the GSF Act 1956.
  • Fact (11), attachment 'GSF Act 1956 extracts', is the statutory limits to which that Act can ONLY apply.As statutory Act CANNOT supersede the commercial CONDITIONS, so the interpretation of 'deferring' the employer contractual contributions are again 'misinterpretated!
  • Fact (12), the 'Finance Minister's letter to Robertson' attachment, states the GSF is NOT a NON-statutory pension, which is wrong as it IS CONTRACTUAL, so CANNOT be superseded by a STATUTORY instruction, that means the Crown, as employers, CANNOT defer their contributions!
  • Fact (13), that same letter also indicates that, up until 30th June last, $11,545.000.000 had been laundered from the PCF to the GSF, most of which had been accumulated by the unlawful application of s.70 to overseas NIF SS occupational pensions, see attachment 48309 NIF members lost 78174909 in 20067.
  • Fact (14), I have made complaints of this abuse to my MP for the last 9 years.That MP has been a contributor to this GSF scheme for over 20 years and the last time I complained, he told me "MY GSF occupational pension scheme is different to YOUR NIF occupational scheme because I volunteered for mine and yours is compulsory", this shows his vested interest in this pension matter in maintaining the 'status quo' as BOTH are type 2!
  • Fact (15),maintaining this status quo is required in order to feed the PCF as the GSF administrators (the Crown) has BREACHED the commercial requirements of that contract, by refus
    ing to pay the employers contracted contributions to match the employees, and have refused ever since that contract was signed.
  • Fact (16), the recent announcement that several Civil Servants (who may be contributors to this GSF scheme) are to receive $550k plus 4,771 others who will receive OVER $100k per year (how many over $200k, $300K or $400k?) beggars belief at the audacity of the Crown administrators!Those GSF contributors will receive 60% of their last years salary, as annual retirement packages, which are tax free although those pensions are deducted 30% at source!See A5 of Friday's NZ Herald.If a private person EARNS such a bounty, they would be TAXED at the top rate, which is TWICE as much as 30% deducted at source!
  • Fact (17), attachment 'Toothless Ombudsman" details how the NZ Ombudsman is powerless against the NZ Crown as those administrators have 'bought' successive Governments who control our Parliament, by the ultra vires use of the GSF Act 1956!
  • Fact (18), on page A4 of the above Herald issue, is a photo of 15 holders of this democratic nation's highest royal honour.How many are receiving this GSF 'bountiful' pension, a pension that is CPI linked?What kind of millstone are we putting around our off-springs neck for the neck 50/60 yrs?What is so 'honourable' in ripping off the system?
  • Fact (19), the attachments 'HC to Bill' and 'Gerald McCoy QC' ignore the International Instruments of the 1215 & 1297 a.d. Magna Carta, the 1948-98 UN Human Rights Charter, the 1952 European Human Rights (EHR) Conference, First Protocol, Article 1, the 1962 International Labour Organisation Conference C118, Articles 2 & 3, (attached), s.6 of our 1993 statutory Privacy Act and our 1990 Bill of Rights Act.
  • Fact (20), attachments ILO C118, Articles 2..6 (b), 3.1' and '2.6' illustrates the PROTECTION C118 affords a SS occupational type pension, WHILE that recipient is resident in another nation.
  • Fact (21), the remark [I suppose] attributed to Lord Hoffman, was made OUTSIDE of the written 2005 UKHL (House of Lords) decision 37 and is inconsistent with s.162 (1) of the UK SS (Social Security) Admin. Act 1992 and s.1 (1) (a) of the C&B. It is also inconsistent with paragraph 10, of the 2002 EWHC (England and Wales High Court) decision 978, the precursor of the appeal to the UKHL 37.This 2002 decision acknowledges that contributory pensions are OUTSIDE the NARROW state (statutory) parameters reached and agreed to by the UK Secretary of State, as being protected by Article 1 of the first Protocol.The EHR First Protocol, Article 1, is noted in paragraph 10 of the 2002 EWHC.
  • Fact (22), all NIF victims (approx 55,000) are being further victimised by the UK Crown who stopped the up-rating of NIF SS contractual pensions by unlawfully applying s.113 (a) of the C&B.The UK Crown then reinstate those contractual pensions by the use of subordinate 1975 SS Regs, this 'reinstatement' of those contractual pensions at the rate the statutory benefits/pensions were first granted (or frozen).Two WRONGS don't make a RIGHT!
  • Fact (23), this 'freezing' results in an abnormal rise in the reserves of the NIF, which were 'laundered' by the Secretary of State, to the National Debt Commissioners.As all national debts, including the loan debt to purchase entry into the now EU (European Union) are now repaid, the UK Crown has unlimited funds to reverse this unlawful freezing.This is exemplified by the UK Crownfirst implementing a "Special Deficiency Exercise" to cover their unlawful activities and now a reduced voluntary contribution to the NIF SS contractual pension!
  • Fact (24), there is now no UNLAWFUL excuse NOT to annually uprate all the present NIF recipients residing in NZ.This 'up rate' would be in the $100s of MILLIONS range, which will attract income tax of at least 21%, plus 12.5% GST, when spent in NZ.
  • Fact (25), unfortunately it is too late for the late Mrs. Ruth Key but not for the '1991 widow or the rest of the present 55,000 NZ based recipients, but that 'bonanza' will be 'eyed up', by the NZ Crown, to be more cash to launder into their GSF!
  • Fact (26), the 1991 widows' NIF record',indicates the TOTAL amount ofthe private/military employment and personal contributions that she made to the NIF, 45% of which the NZ Crown MSD areunlawful applying of statutory legislation of s.70. S.3 of that Act states [Government occupational pension (a) means] [paid by or on behalf of the Government of any country to a person by reason of - (i) a period of employment] [by that Government][(ii) a period of employment] [without limitation]. That means the Crown are disobeying their instructions from our Parliament!
  • Fact (27), attachment 'Charles and Barbara Pitt' indicates his contribution record.Charles is a survivor of Dunkirk and ALL of W W 2. Charles made 6 years voluntary contributions, from early 1953 until 1958 (worth 13% of the NIF SS occupational pension), plus 6 years of military service (worth another 13%) and the NZ Crown MSD, as his AGENT, MUST have been aware of this!Even by the MSD's ultra vires policy, Charles and Barbara have been UNDERPAID their NZ Superannuation by approx 30% of their combined NIF SS contractual pensions of over 40.000, since Sept 1984, from their statutory entitlement of the NZS, even by the MSD ultra vires deduction policy!Refer to Fact 22 and his pension is also equal to the NZ War Veterans pension (which is EXEMPT the SS Act 1964) even in their CEO's eyes!Mind you, MSD will tell you that Charles and Barbara have been, like the late Mrs. Ruth Key, paid their full NZS but what the MSD WON'T tell you is that it is only on sufferance of giving the MSD their NIF contractual pensions!
  • Fact (28), it is ultra vires of the CEO/MSD to apply s.70 to Charles NIF pension, as the CEO/MSD has only the option (under s.70) of deciding WHICH overseas STATUTORY benefit/pension is EXEMPT the statutory SS Act 1964.
  • Fact (29), other unsung heroes of W W 2 are Victim No 1 and Stan (see attachments of their treatment), just 2 of 4,000 who were 'caught' by the NIC Trawling method used by the Crown MSD in 2002!
  • Fact (30), in you will find a letter to Mr. Littlewood asking 23 questions which have never been answered by that barrister.I know he received that letter as Dr. Susan St John, his co-director at Auckland University, Retirement Policy Dept. acknowledged receipt and asked me a personal question, which is no concern of hers!
  • Fact (31), attachment 'Inter SS MSD Crown abuse' details how the WINZ/MSD deny tens of thousands of fully qualified NZ citizens, their rightful inalienable statutory benefits/pensions.
  • Fact (32), letter from Inter SS indication that they have no idea of what the UK SS two tier pension consists of.Page I of this missive is completely wrong as no one (including MSD victim 321-326-548) receives a first tier basic UK State Pension as that is for UK domestic STATUTORY use only, that first tier is type one (as in Fact 6).As 548 paid ALL contributed for her occupational basic pension, those payments make it a type two pension, protected by the International Instruments in Fact 4.
  • Fact (33), the 'Exempt Agreement Note 9' attachment refers to me NOT being subject to the agreement, as 548arrived here BEFORE me, she also is not subject to that agreement
  • Fact (34), as 548 is NOT in receipt of any UK first tier benefits/pensions, the Inter SS are defying Parliament in applying s.70 as that is only to deduct a like amount of an overseas STATUTORY benefit/pension, which NEITHER of have!
  • Fact (35), the application of s.69 is so the W&I International Services section can search those pension details for any benefits/pensions that are analogous or for a similar purpose as any in the SS Act 1964 and that purpose is only for statutory benefits/pensions.If any is found, their CEO has the authority to judge whether those statutory benefits are similar to the EXEMPTED statutory benefits that the purpose of the NZ SS Act 1964 is for, nothing more, nothing less!
  • What all the above means is that certain civil servants, Judiciary and the 13 senior sitting MPs, who paid their GSF contractual contributions (the Crown unlawfully didn't) to a 'closed to new contributors in June 1992 GSF scheme', will join tens of thousands of GSF retirees who are bleeding our economy dry.
    This is because the PRESENT/FUTURE NZ tax payers have to make up (from the PCF) the 'unfunded liabilities' (top ups), brought about by the PRESENT/PREVIOUS Crown/Government ultra vires policies PLUS pay these GSF recipients the statutory NZS AND only tax them at 30% OVER $42,000 income!These contractual pensions have had very little income tax associated with their being earned, by this refusal of the Crown to fulfill its contractual obligations!! Who knows, you may even be a contributor to this closed GSF, but that is you private business BUT WHERE OUR TAXES GO, IS OUR BUSINESS!
    I have saved the MSD 'Sir Humphrey' much loved euphuism (or as they say in Barnsley, Yorkshire "reductio ad absurdum", see Oxford Graduates letter) until last.That is, Article 15 of the 1970 Reciprocal Agreement, now encompassed by the 1980's Social Welfare agreement (only in different words) but means the same.'That Article 15, is a reflection of s.70 and that gives us the statutory authority to supersede contractual contributory pension conditions with statutory non-contributory pension conditions!
    Attachment Oxford Graduate's letter 002, last paragraph, is the most damning of all in this types 1 & 2 pensions controversy!
    Do the Facts still fit the the Law Courts judgment and your legal opinion?
    Yours sincerely

    F.C. Dunn
    45 Albany Hts Rd
    Albany R.D.2
    Auckland 0792
    (09) 415 9827

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