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OPEN LETTER TO THE PRIME MINISTER OF NEW ZEALAND JOHN KEY
HOW STRAIGHT UP, HONEST IS THE PRIME MINISTER OF NEW ZEALAND? OVER THE
COMING WEEKS WE WILL SEE. PLEASE READ THIS OPEN LETTER TO THE PRIME MINISTER
JOHN KEY
It will take 2 hours to read, understand why 2013, 2014, 2015 Serious Fraud Office Senior
party Graham Gill, Police Commissioner Mike Bush did not require today 2016 the Prime
Minister John Key will not want the ANZ Bank to answer 10 questions attached to this
letter. To be exposed following the ANZ Bank are required to answer those 10 questions
not the largest 2010, 2011 $100 million corruption, the assets of the Thurston Group of
companies, the parties ANZ Senior banker Kim von Lanthen, lawyer Bell Gully partner Hugh
Kettle, accountant Richard Simpson but the most all-encompassing law firm Bell Gully,
Serious Fraud Office, Police, New Zealand Law Society, Courts, (today a High Court Judge)
cover-up ever contemplated/undertaken in New Zealand. A cover-up a smart investigation
team has given time, three years to go horribly wrong, a cover-up today John Key will not
allow to be exposed. Five years on a line in the sand has been drawn for the Prime Minister,
those 10 questions will be answered by the ANZ Banking Group.
SOME OF THE PARTIES RECEIVING THIS OPEN LETTER TO THE PRIME MINISTER JOHN KEY
Governor-General Hon Sir Jerry Mataparae, Chief Justice Rt Hon Dame Sian Elias,
Chief District Court Judge Jan Marie Doogue, Chief Ombudsman Judge Peter Boshier
Judicial Conduct Commission, Australia and New Zealand Banking Group CEO Shayne Elliott
New Zealand Law Society President Chris Moore, Attorney-General Hon Christopher
Finlayson, Solicitor-General Una Jagose, Ministers Bill English, Judith Collins, Amy Adams,
Inland Revenue Department Commissioner and Chief Executive Naomi Ferguson, Slater
and Gordon Lawyers Chairman John Skipper, Serious Fraud Office Director Julie Read,
Police Commissioner Mike Bush, Crown Asset Management General Manager Sharon
Burleigh, ANZ Bank New Zealand Ltd CEO David Hisco
The letter, 10 Questions, supporting documents (these documents) can be downloaded by
visiting www.passion0.wix.com/nourriture and clicking on the link. The link advertised in
New Zealand newspapers over the coming days.
The Hamilton Investigation contact details:
PO Box 435
TAUPO 3351
Email: [email protected]
Phone: 027 4423 962
2
21 March 2016
John Key
Prime Minister
Department of the Prime Minister
And Cabinet
Executive Wing
Parliament Buildings
WELLINGTON 6011
Dear Prime Minister John Key,
Prime Minister the Commissioner of Police Mike Bush refusing to respond post seven
written requests subsequent 18 September 2015, 5 November 2015 numerous earlier
requests of you, Michael Woodhouse that he do so following an informed 2014, 2015
Police investigation a required, expected outcome confirms subsequent to the 2010
collapse of the Thurston Group of companies this or any further requests for a regulatory
investigation of the ANZ Bank will also be ignored. In anticipation you have reason you
would turn a blind eye to the Commissioners failure to front up previous correspondence
has been supplied to Ministers Amy Adams, Chris Finlayson, Michael Woodhouse others
including the Governor-General, Solicitor-General Michael Herron today Una Jagose, CEO
ANZ Banking Group Australia Mike Smith today Shayne Elliott. Supplying the Ministers now
Judith Collins changes nothing, Minister in Charge Police/Serious Fraud Office post 2012
Tolley, Woodhouse today Collins, Prime Minister you move the deck chairs Collins in,
Collins out, Collins back in any response will be viewed as coming from you. Commissioner
of Police Mike Bush’ continued refusal to respond, realisation prominent identities can act
as gatekeepers control the outcomes from the Serious Fraud Office, Police, Courts, supply
ANZ Banking Group New Zealand’s largest bank a law firm Bell Gully required immunity
from investigation requires this correspondence to be supplied to others posted online
after five years’ time is up Prime Minister a Line in the Sand has been drawn for you.
Throughout this document references will be made to Line in the Sand, Questions One to
Ten that you John Key are going to require the ANZ Bank to answer. The best way to
review, understand the contents of this letter the 10 Questions attached that require ANZ
Bank answers is to review Questions One to Ten marked red as you read the letter.
3
PREVIOUS INVESTIGATIONS
2013, 2014 SERIOUS FRAUD OFFICE (SFO) INVESTIGATION
PRIME MINISTER REFER PAGINATED DOCUMENTS 2(A) OF THE JULIE READ (SFO
DIRECTOR) SIGNED ONLY 13 JANUARY 2014 RESPONSE TO A 2013 COMPLAINT LAID
AGAINST FORMER ANZ SENIOR BANK MANAGER KIM VON LANTHEN, LAWYER BELL
GULLY PARTNER HUGH KETTLE
Stepping in to assist the law firm Bell Gully Graham Gill General Manager Evaluation &
Intelligence with the SFO documented 2(A), the law firm Bell Gully’s 21 October 2011
instructions, “ANZ Bank agree that negotiations did take place with the Manawatu District
Council and say that you (Thurston Group) were aware of these discussions and that the
aim was to maximise the value of this asset to repay debt”.
The ANZ Bank did not say that Graham Gill 13 January 2014 (2A) relayed that from a
document (5A) Bell Gully layered into the ANZ Bank 21 October 2011 (45(A, B)) New
Zealand Law Society 27 October 2011 (5(B)) which read, “This meeting was held to discuss
whether the Manawatu District Council was interested in buying the (Water Enviro Services
Ltd) WESL waste water asset, (it was not). If it had been interested ANZ National Bank
would have encouraged Mr Thurston to sell the asset via WESL and reduce his indebtedness
to the ANZ Bank with the proceeds of sale”.
The above Graham Gill (2A) Bell Gully assurances (5A) are all lies. Prime Minister refer
what von Lanthen, Kettle were really doing in Feilding (14). The law firm Bell Gully
misguided ANZ Bank prize for supplying the information (45) obtained by lying (5(A)) widely
distributed.
1. Water Enviro Services Ltd (WESL) a Thurston Group company ($3.2 million waste
water assets) did not have any bank accounts with ANZ National Bank, mortgages,
lending exposure with the ANZ National Bank, WESL was not party to any cross-
guarantee with the ANZ National Bank. Thurston Group ANZ Bank Manager Kim
von Lanthen, ANZ Bank (von Lanthen) engaged lawyer Bell Gully partner Hugh Kettle
held no ANZ Bank securities, authorities to be interfering with WESL the company’s
assets, operations, financial affairs.
2. Von Lanthen, Kettle contrary to what Bell Gully invoiced the ANZ Bank March, April
2010 refer (6A), “meeting in Feilding to discuss possible sale of pipeline capacity”
did not arrange a meeting with Manawatu District Council Executive for the 26
February 2010 drive Wellington to Feilding past WESL Director sole shareholder
4
Kenneth Thurston’s Feilding office to sell his company’s waste water assets to the
Manawatu District Council. Banks do not sell company’s assets where no lending,
mortgages, priority securities exist to support the service of Property Law Act
notice, appoint receivers councils would not buy them from rogue parties
attempting to sell. Von Lanthen, Kettle 26 February 2010 after an earlier February
2010 security shock (17) that exposed their failure April 2009 to secure a number of
Thurston Group companies including WESL, one of WESL’s assets a 5km waste water
pipeline (capacity) running from Works Road Longburn to the Palmerston North City
Council Totara Road waste water plant, wanted to sell Thurston Group ANZ Bank
secured Works Road properties Lot 3, Lot 20 that required WESL waste water assets.
Refer ANZ Bank (von Lanthen) engaged Jim McArley (Propeller Advisory Ltd)
requested Works Road Lot 20 LIM Report (9A, 10A) no Council waste water services
available. The Goodman Fielder Meat Division (Huttons Kiwi) a tenant of Lot 20 von
Lanthen, Kettle could not sell Lot 20 (ANZ Bank valuation $8 million (7(C)) without
WESL waste water assets. Von Lanthen, Kettle 26 February 2010 aware the
Manawatu District Council (MDC) were interested in buying WESL waste water
assets for the nearby township of Longburn wanted to know the status of WESL’s
waste water assets prior to stripping the Manawatu Works Road Longburn Lot 3,
Lot 20 properties combined bank valuations $8.6 million from the Thurston Group.
WHAT REALLY HAPPENED BETWEEN APRIL 2009 AND FEBRUARY 2010
Graham Gill (SFO) 13 January 2014 (2A) engaged by Bell Gully did not want to expose
lawyer Hugh Kettle April 2009 later receiving $141,000 taken from Thurston Group bank
accounts had botched the taking of multiple ANZ Bank securities securing Thurston Group
companies including WESL (11, 12, 13) Newbridge restructure abandoned. Von Lanthen
early 2009 with his eye on strategic Thurston Group assets he wanted control of failed to
observe notes left on bank files by his predecessor late 2008 to take securities following
significant Thurston Group acquisitions earlier 2008. Please refer page 20 Question One,
please refer page 21 Question Two. February 2010 von Lanthen, Kettle became aware
refer (17) made plans to recover Thurston Group $3.5 million ANZ Bank lending, Thurston
Group ANZ Bank exposure eg. bonds (all companies) without the Thurston Group or the
ANZ Bank becoming aware multiple ANZ Bank securities securing Thurston Group
companies (assets) were not taken April 2009 were not held by the ANZ Bank February
2010. Potential exposure to the ANZ Bank (cross-guarantee), National Bank February 2010
of those securities not taken April 2009 $15 to $20 million. Prime Minister Refer (14)
Manawatu District Council Chief Executive Lorraine Vincent responding not supporting
von Lanthen’s February 2010 instructions to the Thurston Group (89(A)) the law firm Bell
Gully’s March, April 2010 invoicing of the ANZ Bank (6A). SFO senior party Graham Gill
floored 13 January 2014 (Bell Gully 21 October 2011 (5A)) relayed response (2A). Please
refer page 22 Question Three.
5
PRIME MINISTER REFER 2(B) OF THAT 13 JANUARY 2014 JULIE READ SIGNED ONLY
GRAHAM GILL ASSISTED BELL GULLY RESPONSE
Strategically shifting the balance of responsibility the legal requirements of the Property
Law Act 2007 from the ANZ Bank to the law firm Bell Gully aware the law firm was in safe
hands his hands Graham Gill informed (2(B)), “ANZ Bank has advised that Bell Gully has
been unable to locate the record of service two PLA notices dated 17 March 2010 for the
properties at
Taumarunui
Lot 3 Longburn
Lot 20 Longburn
WHAT REALLY HAPPENED BETWEEN MARCH AND JULY 2010
Von Lanthen, Kettle 2010 not wanting to expose ANZ Bank securities not take April 2009
securing Thurston Group companies including WESL refer answer to Question Three,
Advanced Logistics Ltd, refer (127 Newbridge abandoned, 136, 137 discharged 6(B),
136(A), then refer 30, 31, security documents destroyed 16(2)), first ranking ANZ Bank
General Security Agreement (GSA) securing Fernfresh Growers & Exporters to the World
Ltd (Fernfresh) (129, 130, 101(A,B)), Fernfresh party to Thurston Group executed cross-
guarantee (63, 64, 65, 36(C)), von Lanthen Kettle strategically walked away from von
Lanthen informing (99(A)). Please refer page 23 Question Four. Mid 2010 ANZ Bank,
Thurston Group securities in disarray von Lanthen, Kettle sold two properties Racecourse
Road Taumarunui June 2010, Works Road Lot 3 Longburn July 2010, combined bank
valuations $4 million by way of mortgagee sale without PLA section 119 notice. Refer Bell
Gully prepared Racecourse Road Taumarunui, Works Road Lot 3 Settlement Statements
(18-21) both properties sold net less costs misappropriated monies for under $300,000
realising a $3.7 million loss, the loss more than the entire Thurston Group (all companies)
lending exposure with the ANZ Bank (35 (C)). The PLA section 119 notice (35, 36) obtained
after von Lanthen left the ANZ Bank October 2011. Von Lanthen Kettle discounted Works
Road Lot 3 (20, 21) ANZ Bank valuation $600,000, sale price $254,000 a vacant section sold
without access to waste water, concerned with the potential sale price of Racecourse Road
Taumarunui ANZ Bank valuation $3.4 million von Lanthen instructed ANZ Bank (von
Lanthen) engaged Jim McArley Propellor Advisory Ltd (16 (3)) to supply Thurston Group
invoiced monies refer one (51) assets to the Taumarunui purchaser in return for an
enhanced sale price. McArleys reward, he received 20% of any sale price over $300,000.
The Thurston Group investigation obtained a copy of McArleys invoice refer (18) (22A)
McArleys invoice (22C). von Lanthen taking the monies from Thurston Group in credit bank
accounts to reward McArley (22(D)), the above Works Road Longburn, Racecourse Road
Taumarunui sales, theft of assets, invoice monies (18 – 22) undertaken without Property
Law Act notice. Please refer page 24 Question Five.
6
Prime Minister refer again (2B) the SFO (Graham Gill) are very aware the Property Law
Act 2007 requires ANZ Bank as mortgagee to locate confirm affidavit of service not Bell
Gully. The ANZ Bank engaged Bell Gully and would expect the PLA notices to be served
as the law firm invoiced refer Bell Gully March, April 2010 invoicing ANZ Bank PLA notices
served (6C), “Drafting and serving PLA notices in respect of Aotearoa Coolstore
properties”. Later 2011 after taking money from Thurston Group bank accounts to
remunerate Bell Gully the ANZ Bank relied on Bell Gully to undertake what the law firm
invoiced the ANZ Bank (16(A)) (16(B)) Works Road Lot 3, Lot 20 the same section 119 PLA
notice (101(C), 35(A)).
PRIME MINISTER REFER (PAGINATED DOCUMENT 7) WHO PLACED THAT 1 SEPTEMBER
2010 ADVERTISING?
The advertisement advertising a Thurston Group property Works Road Lot 20 Longburn for
sale appeared in New Zealand newspapers 1 September 2010. Who placed that
advertising?
Melbourne based Senior ANZ Banker Michael Black informed 12 November 2010 (8A),
“Longburn sale advertising – ANZ did not authorise any advertising. The advertising
referred to was placed by Colliers Real Estate without permission. They withdrew the
advertisement and have formally apologised”.
Colliers Managing Director Simon Tremaine whose company placed the 1 September 2010
Works Road Lot 20 advertising informed 27 September 2011 refer (15), “Our advice is
this…The Thurston’s were not the vendor of this property, it was ANZ Bank as mortgagee
and as such you do not have to provide them with any information”.
Michael Black after being supplied evidence the sale was planned refer May 2010 von
Lanthen requested Lot 20 valuation first page (80(A), 7(C)), ANZ Bank (von Lanthen)
engaged Jim McArley (Propellor Advisory Ltd), July 2010 Works Road Lot 20 LIM report
(9(A)) later post the abandoned sale concealed payments to Propeller Advisory (47(A))
further intended concealed payments (different account) to Bell Gully (47(B)) (Colliers
informed they would be re-engaged or paid later) Michael Black advised from his then
London base he recorded 12 November 2010 (8A) what von Lanthen informed him
October, November 2010.
WHAT REALLY HAPPENED BETWEEN JULY AND SEPTEMBER 2010
Documented interviewed evidence is held who von Lanthen planned to sell Works Road
Lot 20 to, sales documentation undertaken by the law firm Bell Gully (Kettle) why the
advertised 1 September 2010 sale refer advertising (7) urgent deadline, act fast short
deadline sale, without PLA notice (same PLA notice as Lot 3 (35(A)), (101(C)) contrary to
7
what Bell Gully invoiced (6(C)) ANZ informed (16(A, B)) SFO Graham Gill assisting Bell Gully
strategically cannot find (2(B))was abandoned von Lanthen days later 6 September 2010
requiring money appointed Wellington accountant Richard Simpson into a sham
receivership. Von Lanthen, Kettle were in serious trouble early September 2010. Von
Lanthen remained in control of the administration income in part to make concealed
payments to McArley, Bell Gully (47) others for the above abandoned sale. Von Lanthen
then watched moving only the account balances through different ANZ held accounts
payments dropping out 19 November 2010 (95(A)) concerned by an Inland Revenue
Department request days earlier (52(B,D)) July 2011 exposed by a Thurston Group request
(53(A)). von Lanthen then made a number of phone calls (53(B)) became aware a Forensic
accountant he knew had been consulted, resigned from ANZ Bank but stayed with the
bank, he had some tidying up to do monies (96(A)) in to (47(C)). Von Lanthen unaware he
was being watched (54(A)) 21 October 2011 dropped $3.3 million (55(A)) that included a
maze of concealed payments so complex the ANZ Bank were confused when questioned
late 2011 (90(B)) (confused the payments had dropped out) into the sham Simpson
Receivership slush account (44(A)) (fourteen months after Simpson informed he had been
validly appointed (32(5)), the same day 21 October 2011 von Lanthen left the ANZ Bank
(54(B)). Please refer page 25 Question Six.
Prime Minister to make a long story short, you could ask Crown Asset Management
General-Manager Sharon Burleigh (you know Sharon), Kim von Lanthen’s superior 2009
– 2011 what went wrong Friday 27 august 2010 that required von Lanthen to advise Jim
McArley to instruct Colliers to pull Lot 20 advertising, von Lanthen to inform Blair Ross
to advise his wife Sarah Ross he could no longer go ahead with the planned quick sale of
Works Road Lot 20 Longburn. Sharon knows Blair or you could refer to Question Three,
Four, Five then Question Six. The ANZ Bank (von Lanthen) early September 2010 had run
out of securities securing Thurston Group company’s assets.
PRIME MINISTER REFER (3(A)) ONLY GRAHAM GILL A SENIOR INVESTIGATOR WITH THE
SFO COULD MAKE A NATIONAL BANK LETTER OF DEMAND, SEVEN NATIONAL BANK PLA
SECTION 119 NOTICES ALL GENERATED INVALID BY THE LAW FIRM BELL GULLY
IMPAIRING $65 MILLION THURSTON GROUP COMPANY TAWERA LAND COMPANY
(TAWERA) VALID
Graham Gill 13 January 2014 informed (3A) “We note that Property law act notices for
Tawera Land Company were served upon Richard Thurston on 25 September 2010”. That
time 25 September 2010 it’s too late, refer (23(A)) ANZ Bank 2012 informing the demand
was served 23 August 2010 by their legal advisors (85(A, B)) Bell Gully and (24) Bell Gully
30 November 2010 claiming as follows, “ANZ National Bank Limited (ANZN) issued demand
and subsequent section 119 Property law Act 2007 notices on Tawera Land Company
8
Limited (Tawera) in between August and September this year. The amount claimed under
these documents was $28, 899, 766.43 (comprising principal and interest). These
documents are attached and marked ‘A’.
Bell Gully failing to supply the Property Law Act notices marked ‘A’ in support of the claim
confirmed by Grant Slevin a senior investigating solicitor with the Ministry of Business,
Innovation and Employment (25). Please refer page 26 Question Seven.
WHAT REALLY HAPPENED BETWEEN SEPTEMBER AND DECEMBER 2010
Please read in conjunction with page 27 Line in the Sand Question Eight.
Mid-2010 the Thurston Group companies in free fall refer answers to Questions Three,
Four, Five, Six, Seven law firm Bell Gully PLA breaches impairing $77 million of the groups
assets, refer answers Five, Seven. Thurston Group parties September 2010 linked von
Lanthen the groups ANZ Bank manager to the National Bank different bank building 2010
that banked the large land value $65 million (56, 57, 58) agricultural pastoral farming group
Tawera, a Thurston Group company refer in part (41). Senior made redundant Wellington
based National Bankers did not like von Lanthen (one requesting a private meeting with
Thurston parties), were not holding back making a Bell Gully (Kettle’s office (59(A))
generated National Bank letter of demand (59, 60), seven National PLA section 119 notices
refer one (61, 62) intended to be relied on to sell Tawera farms then shift the sale proceeds
by way of cross-guarantee (16(C), 63, 64, 65), National Bank to ANZ Bank high risk,
unusable then scarce. By reviewing those July to November 2010 von Lanthen Kettle
undertakings pieced together within Wiring Diagram 3 (68) the Hamilton based Thurston
Group investigation were able to inform the Inland Revenue Department (IRD) 5 March
2015 they were not telling the truth earlier 23 January 2015 confirmed by the Departments
Commissioner Naomi Ferguson 23 March 2015 refer (26-28). Why did the IRD lie? IRD
Legal and Technical Services Manager Collin Hutchins attempted to assist IRD Collections
Manager Marilyn Foster who after being informed October 2010 by Tawera accountants
Pricewaterhouse Coopers they had been strategically engaged by von Lanthen
(strategically being Tawera accountants (82)) to sell down Tawera farms (46(A)) the
company the IRD were petitioning the Palmerston North High Court to liquidate, the IRD
failed to obtain between October and 2 December 2010 the PLA notices or review the
background that supported such von Lanthen instructions eg. (46(B)), Tawera first ranking
Fernfresh securities (Collateral Type – Crop Proceeds) were not being recovered (123 –
126). The IRD October 2010 denied access by von Lanthen to Thurston Group accountants
(46(B)) (82) attempted 11 November 2010 to recover recent Tawera financial information
directly from the ANZ Bank (52(A, B, C, D)). von Lanthen was not going to supply to the
IRD any information that would expose the PLA notices the National Bank (von Lanthen,
Kettle) were relying on to sell down Tawera the same company the IRD were petitioning
the Palmerston North High Court to liquidate, were generated invalid or the fact 8
9
November 2010 his sham Receiver Richard Simpson had posted online his First Receivers
Report (97) while 8 November 2010 von Lanthen remained in control of the administration
income (95(A)) refer then (52 (A, B, C, D)). von Lanthen could not respond, supply any
recent, relevant cross-guarantee information to the IRD.
The IRD were being informed November 2010 substantial Fernfresh (Thurston Group
Company) export receipts (40) were not being recovered (98). ANZ Bank held first ranking
securities (129, 130, 101(A)), Fernfresh party to a Thurston Group executed cross-
guarantee (63, 64k 65) von Lanthen informing (99(A)) leaving Tawera, Fernfresh crop
proceeds, securities (123 – 126) high and dry. Later the National Bank appointed Tawera
receivers were misled by the bank (43(B)) Tawera securities (123 - 126) $700,000 more
than the IRD claimed 2 December 2010 when liquidating $70 million land, livestock Tawera
Land Company. Millions of dollars exports receipts never recovered (100(A)). Refer
Question Four. As with the Ministry Business, Innovation and Employment (24, 25) von
Lanthen Kettle were not going to alert Government departments to a prolonged (20
month) period of corruption involving by November 2010 $90 million of Thurston Group
company’s assets when requiring the IRD’s assistance a third-party default the liquidation
of Tawera Land Company Ltd (48(A)). Von Lanthen succeeded, the IRD affidavit supplied
to the Palmerston North High Court the morning of 3 December 2010 a litany of errors.
Alarm bells rang in the Hamilton office after receiving the IRD March 2015 correspondence
then reviewing Wiring Diagram 3 (68). It could not be true; it wasn’t (28).
Prime Minister late 2011 after Sharon Burleigh was monitored obtaining the Bell Gully
generated National Bank PLA notices, ANZ Bank, National Bank securities including
Fernfresh and that minutes following the IRD successful liquidation of Tawera (107) she
had signed the National Bank Tawera Land Company Receivership appointment
documents (42) the National Banks appointed receivers Dennis Wood, Boris McDelden
(McDonald Vague) had sold down multiple properties by way of mortgagee sale (83(B))
relying on ANZ Bank instructed invalid PLA notices (102(A)). The receivers later changing
their mind to IRD liquidation (48(A)) (changing your mind not an option within the
Property Law Act 2007). SFO investigation pending (92), Sharon looking for a new job
left the ANZ Bank came and saw you.
All of the above just weeks prior to you, Bill English were informed millions of dollars of
Fernfresh export receipts were not being recovered (100A)), there were major problems
that needed addressing (34). John Key as we have informed you in the past you could
ask von Lanthen’s superior today Crown Asset Management Manager Sharon Burleigh
whether the contents of this letter rings a bell.
10
2014, 2015 INFORMED POLICE INVESTIGATION
Following the SFO 13 January 2014 response (1-4) was recognised a Graham Gill generated
post 21 October 2011 commentary of how Bell Gully wanted the story told to an earlier
2013 complaint laid against Senior ANZ Banker Kim von Lanthen, lawyer Bell Gully partner
Hugh Kettle, (other information, data became available surrounding Graham Gill time with
the SFO, Judith Collins not too far off the mark) a further complaint was laid with Anne
Tolley Minister in Charge Police SFO who responded that it would be beneficial to supply
the information to the recently appointed Commissioner of Police Mike Bush (70). The
Thurston Group investigation were on to Bush not confident Bush would expose Gill who
Bush knew through policing or the law firm Bell Gully (71) spending substantial time
tracking the Police investigation. Generic documents 30 in total were supplied to any party
the Police would be required to ask questions of, refer one (131,132,133) no one including
PwC, Bayley’s, Colliers, Deloitte, PKF Goldsmith Fox, had heard from the Police there was
nothing to track other than one phone call to Gill some contact with the office of the
Ombudsman. Chief Ombudsman Beverly Wakem informing the Office of the Ombudsman
holds no authority to investigate the ANZ Bank (84) but then Graham Gill knew that. Gill
relies on the ANZ Bank not being formally investigated.
Prime Minister you Michael Woodhouse (Anne Tolley’s Minister in Charge Police, SFO
replacement), Amy Adams, Ministerial offices spent more time responding relying on
Mike Bush then he (Police) did investigating refer (74, 75, 76, 77, 78 and again 79).
Nothing at all from the Commissioner of Police as we expected May 2014 (71). The
Commissioner of Police Mike Bush who only fronts up if he Mike Bush is going to be
made look good a joke, a bloody disgrace.
TODAY THE CORRUPTION EXTENDS INTO THE HIGH COURT OF NEW ZEALAND
BACKGROUND
Days after the 1 September 2010 Works Road Lot 20 sale (7) was abandoned von Lanthen
needed money, a lot of money refer Question Six used Wellington accountant Richard
Simpson as a front a sham receiver. The Receivership Act 1993 was not going to support
what von Lanthen had planned, no appointment documents have been found. As with
Tawera (42), von Lanthen’s superior Sharon Burleigh (attorney) would have signed the
required by law (Receivership Act 1993) secured party appointment document. Prime
Minister Sharon will inform you as she is being supplied this letter. von Lanthen stayed in
control of the administration income bank accounts making complex payments refer three
(103, 104, 105) the payments later confused the ANZ Bank (Guy Stevens) (90(B)), Bell Gully
accounts department (Valerie). The intended duration of the sham receivership was
weeks. Problems late September, October 2010 surrounding the Bell Gully (Kettle)
generated invalid National Bank Tawera PLA notices (59-62), von Lanthen concerned the
Thurston Group had linked him, Kettle to National Banked Tawera refer (85(A, B)) then late
11
2011 what Bell Gully told the New Zealand Law Society (106(A)) (Bell Gully want no part of
Von Lanthen, Kettle’s repressive activities between 12-15 October 2010). IRD October
2010 asking questions (46) again November 2010 (52), Ministry Economic & Development
November 2010 (24, 25) rendered the altered PLA notices unusable refer Question Seven
(could not be in the possession of the IRD (26)). Von Lanthen unable to transfer monies by
way of cross-guarantee (16(C), 63, 64, 65) National Bank to ANZ Bank following the von
Lanthen, Kettle required 3 December 2010 IRD assisted Tawera liquidation (107) minutes
later Sharon Burleigh appointed National Bank receivership (42) extended the sham refer
Question Eight. Von Lanthen late 2010 without access to the substantial monies required,
parties wanting to be paid for undertakings pre the (possible) sham 6 September Simpson
appointment refer some (108), parties wanting to be paid for his (von Lanthen) Jim
McArleys post 6 September instructions (32(1,2)). Late 2010, 2011 strapped for cash,
Thurston Group income collapsed von Lanthen instructed Simpson to make hundreds of
thousands of dollars of payments from the sham receivership bank account set up by von
Lanthen. Substantial payments were made unrecorded.
Prior to wrapping up the rort disguised as a Simpson receivership von Lanthen became
hopelessly exposed after destroying considerable ANZ Bank, Thurston Group
documentation (16(2)) dumping $3.3 million in the sham Simpson slush account (44(A))
left the ANZ Bank 21 October 2011 (54(B)). Richard Simpson post 6 September 2010 (13
months earlier) taking $1000 per day was left in the dark, no one had heard of Richard
Simpson only ANZ Bank (von Lanthen) engaged and instructed Jim McArley (16) (3)).
Simpson attempted to take ownership of McArley (refer (32) (3)). There is no letter. Please
refer page 28 Question Nine. When questioned Simpson lied, twisted made a hash of the
attempted cover up (Simpson’s response (32) all lies). Simpson with other problems (86)
(the Government appointed 10 million dollar man Hubbard funds) sought relief through
the Wellington District Court to suppress the exposure not anticipating Judge Broadmore’s
directions that his David Roscoe (Grant Thornton) application under Section 16 of the
Harassment Act would proceed (Section 17) to a 2 day hearing early 2013 preferably in
front of him Judge Broadmore refer those directions (29). Richard Simpson had driven
himself, the Bell Gully corruption/cover up juggernaut down a one way road, nowhere to
turn. Simpson a front for von Lanthen, Kettle to work behind obscuring funding, timing
issues, PLA problems, WESL waste water assets, Court cases (Talleys), many more, Simpson
the corruption slush bucket (87). The day (when) Wellington accountant Richard Simpson
is required to answer questions from a witness box (in excess of 100) the corruption/cover
up will collapse. The two day hearing could not proceed. Please refer pages 29, 30
Question Ten.
12
DISTRICT COURT TAG TEAM
Reliable information surfaced (not word on the street) that District Court Judge
Broadmore’s 5 November 2012 directions would not proceed. Considerable planning was
put in place (to be exposed in a book to be published) the information partly confirmed 7
March 2013 following a managed non-appearance refer (33). The planning did not include
the Westpac Rescue helicopter brought in to assist or surgery (88). The pre 7 March 2013
planned outcome Kenneth Thurston would not be in court then District Court Judge Susan
Thomas would be, was confirmed later in the day 7 March 2013. Susan Thomas a District
Court Judge with dangerously close and reckless connections openly discussing what
would take place in the Wellington District Court 7 March 2013, Wiring Diagram 1 (66)
unmasked tells the story. The information earlier received was sworn prior to the
adjourned 18 April 2013 hearing. Kenneth Thurston 18 April 2013 was instructed to ask
questions surrounding the prior sworn information. Judge Susan Thomas when requested
regarding Judge Broadmore’s earlier directions (29) informed she was in charge of Court
dates, fixtures in the Wellington District Court (as prior sworn) and that there would be no
2 day hearing (as prior sworn) the District Court Judge relayed the earlier received now 18
April 2013 sworn information, word for word in doing so was required to reverse Judge
Broardmore’s directions regarding costs. Susan Thomas did not stop there after some
manoeuvring instructed a Wellington District court staff member to inform the SFO
(Graham Gill) Thurston would be visiting the Auckland Serious Fraud Office and to
undertake certain actions while he was there, those instructions confirmed by the SFO.
With difficulty that information has been preserved, sat on for 3 years awaiting the
expected outcomes from a Bell Gully/Graham Gill rigged 2013, 2014 SFO investigation (1-
4), a floored Police 2014, 2015 investigation (74-79) nothing from the Police. The
Wellington District Court currently denying access to the 18 April 2013 in court transcript.
The law firm Bell Gully, Richard Simpson, Susan Thomas her connections and in fact
Graham Gill all relied on SFO Senior party Graham Gill being the safe hands the last stop.
Just keep referring (they all did) the allegations of corruption to the SFO, Bell Gully engaged
Gill will put them to bed. The ANZ Bank playing the game for now have been very clear
after taking money from Thurston Group bank accounts they relied on their legal advisors
the law firm Bell Gully.
Prime Minister Bell Gully Chairman Roger Partridge is very aware the ANZ Bank when
formally questioned (47 questions in total) will hang his law firm, Bell Gully engaged
Senior SFO party Graham Gill, Commissioner of Police Mike Bush whose 15 month
investigation consisted of one phone call to Graham Gill, Wellington accountant Richard
Simpson, New Zealand Law Society that allowed Richard Simpsons personal lawyer
Hayden Wilson to be wheeled in to respond for the Law Society following the laying of
multiple complaints against Bell Gully Auckalnd, Wellington lawyers, today High Court
13
Judge Susan Thomas parties close to Thomas the lot out to dry. A cover up with time that
has gone horribly wrong. Post informing you, Bill English 2012 no regulatory authority
has been given access to the ANZ Bank. Had the ANZ Bank been formally questioned
2013 the answers would have exposed former Wellington Senior ANZ Bank Manager Kim
von Lanthen, Wellington lawyer Bell Gully partner Hugh Kettle, Wellington accountant
Richard Simpson only.
FORMER SENIOR ANZ BANKER KIM VON LANTHEN
Von Lanthen was not in banking for his employers the ANZ Bank or the bank’s clients, only
what he could obtain personally. As early as April, May 2009 weeks following his January
appointment, Thurston Group bank manager von Lanthen displayed he had no respect for
Thurston Group monies Question One, made plans for Thurston Group assets Question
Two. The best way to look at the extent of the von Lanthen intended for self-enhancement
2009 security mess that progressed February 2010 into a self-preservation fuelled full on
corruption against the Thurston Group of companies, Directors, shareholders, creditors of
those companies is by reviewing the von Lanthen instructed time sensitive Bell Gully
generated 12 October 2010 attempted trap, attempted gag of the Thurston Group
Director, sole shareholder Kenneth Thurston in particular (30) Clauses 4.1, 4.2, (31)
Schedule One. Von Lanthen being watched within the ANZ Bank (54(A)) (unaware) was
surprised how quick the corruption collapsed in on him July to November 2010 how
informed the Thurston Group became September, October 2011 (91(A)) days prior to him
leaving the ANZ Bank 21 October 2011 (54B)). Von Lanthen when under pressure used
Thurston Group money to reward others e.g. Kettle (6), Simpson (87(B)), McArley (22(
C)), ignored the law Questions Three, Five, Seven and Ten, welfare of others (Police
involved 12-15 October 2010), generations of hard work (122), von Lanthen only cared
about himself. Kim von Lanthen is a mongrel of a man, don’t be shocked with full
disclosure of von Lanthen’s instructions between 12-15 October 2010 the reasons for
those instructions watched within the ANZ National Bank later found to have been in part
documented by a Wellington lawyer, those debilitating undertakings cannot be included
within this letter but suggests refer what von Lanthen informed Australian based ANZ Bank
Manager Michael Black November 2010 to inform the then bankrupt Thurston Group
Director Sole Shareholder (8(C)). Kenneth Thurston bankrupt with $75 million of his
company’s assets controlled by von Lanthen not the ANZ Bank refer Question Eight. von
Lanthen blocking an ANZ Bank review, parties supplied by the New Zealand Law Society
(109(A)) (110). The ANZ Bank fortunate no lives were lost 12, 13, 14, 15 October 2010, the
above description of Kim von Lanthen (mongrel) a compliment. Von Lanthen should not
be in control of other people’s monies today. Prime Minister you have been informed that
on numerous occasions. No party has any interest in assisting von Lanthen. The problem
expose von Lanthen, the cover up will collapse. Refer Kim von Lanthen (111).
14
LAWYER BELL GULLY PARTNER HUGH KETTLE
Access to the ANZ Bank will expose Wellington lawyer Hugh Kettle whose office was easy
to identify (5, 59, 136, many more). With Thurston Group money ($450,000) von Lanthen
remunerated Kettle well then leant on the young Bell Gully partner taking him to places
lawyers do not go. Kettle later required to mislead all including the New Zealand Law
Society refer Kettle invoicing ANZ Bank March, April 2010 (6A), (6B), (6C).
(6A) “Meeting in Feilding to discuss possible sale of pipeline capacity” what he informed
the ANZ Bank (Law Society) 21 October 2011 who were taking money from Thurston Group
bank accounts to pay his March invoice (5A) obtaining a reference for his lies (45), then 26
February 2010 what he was really doing in Feilding when meeting the Manawatu District
Council (14). Refer Question Three.
(6B) Kettle discharging ANZ Bank Advanced Logistics Ltd (Thurston Group company)
Financing Statement 6 April 2010 (127, 136, 137) Kettle (136(B)) registered one year earlier
the same day as the Bell Gully April 2010 invoice was generated (6), von Lanthen destroy
the bank’s security documents (16 (2)), von Lanthen, Kettle then October 2010 want relief
for a company Advance Logistics Ltd the ANZ Bank hold no securities over refer 30, 4.1 4.2
(31) Schedule One Advance Logistics Ltd.
(6C) PLA notices informed served relied on served (16(A)), required served (16(B)) (18-21)
Gill (SFO) not served (2B) refer Question Five.
That is one invoice. The law firm Bell Gully have had a falling out with truth. Kettle (5, 6),
Pettersen (112(A)), to the top Partridge (92). The law firm Bell Gully cannot move.
WELLINGTON ACCOUNTANT RICHARD SIMPSON
When the ANZ Bank are required to answer the Line in the Sand questions in particular
Questions Ten the responses to those questions will require Richard Simpson to come
clean, stop lying.
Richard Simpson advised he engaged Jim McArley Propellor Advisory Ltd (the letter (32(3)).
There is no letter (16(3)). Refer Question Nine.
Richard Simpson advised he the receivers leased Works Road Lot 20 cool stores to Ice Pak
Logistices (Ice Pak) sold Works Road Lot 20 to Icepak, the only sale of his 2 year sham
administration (32(4), 117(B), 87(A)). That is a lie.
Richard Simpson today is possibly unaware to von Lanthen’s connections to Ice Pak who
did not bank with the ANZ Bank. Once the cool store logistics operator obtained their prize
15
Works Road Lot 20 November 2011 (117(A,B)), their loyalty to von Lanthen who days
earlier 21 October 2011 thinking the time was nigh SFO investigation pending left the bank
(54(B)), did not know Bell Gully were going to take out the SFO (92, 1-4).
Richard Simpson informed the 1 September 2010 Lot 20 sale refer (7) was a mistake by
Colliers (113(3)). The cost for that sale were made by von Lanthen when Simpson left the
administration income with the banker post 6 September 2010 (47(A, B)) the payments
then dropped out of sight fourteen months later (55(A), 44(A)).
Simpson making hundreds of thousands of dollars of von Lanthen instructed payments
refer some (108). Simpson has no knowledge whatsoever what is included likewise what
is not included in his 20 September 2012 Final Receivers Report financials (87) other than
he (87(B)) took $570,000 from the corruption slush account for himself, the receivers .
Richard Simpson when exposed ridiculously advised he engaged Kettle’s mates Bell Gully
Auckland (115(A)) (114, 116, 117(A)) that is a lie. By late 2011 the Thurston Group
investigation were sick of Richards Simpson’s lies. How well equipped was Craig Foss
(96(A))? Possibly/probably the New Zealand Herald was correct (86(B)), how justified was
that $10 million?
The 6 September 2010 to 20 September 2012 two year sham Simpson administration
generated more than 100 questions that require answers from Richard Simpson. The
answers to those questions will collapse the entire corruption cover up hence the
requirement Richard Simpson never be required to answer questions from a witness box
then District Court Judge Susan Thomas 7 March 2013, 18 April 2013 looked after that side
(66). The Institute of Chartered Accountants informed they would take any action against
Simpson following the SFO investigation finding fault. Graham Gill looked after that side
(1-4).
WHY DID DISTRICT COURT JUDGE SUSAN THOMAS PULL THE 2 DAY HEARING?
One example exposing not only Richard Simpson, the law firm Bell Gully. Richard Simpson
informed he engaged Hugh Kettle’s colleagues Bell Gully Auckland (114, 115(A), 116,
117(A)). For that to be true Graham Gill (SFO) needed to find the Works Road Lot 3/Lot 20
PLA section 119 notice Kettle served March 2010 (101(C), 35 (A), 36). The PLA notice
required served to sell Works Road Lot 3 July 2010 (20, 21), advertise Works Road Lot 20
for sale July, August 2011 (116, 101(C), 35(A)), the only asset sale of the Simpson 2 year
sham administration (117(B), 87(A)) refer Question Six. Graham Gill did not find Lot3/Lot
20 PLA notice (35(A)) service March 2010 (2(B)). Bell Gully needed to keep the 2011 Lot
20 sale in-house. The ANZ Bank could not be asked by a different law firm for an affidavit
of service Lot 20 PLA section 119 notice (35(A) that did not exist. Richard Simpson is not
telling the truth (115(A)).
16
THE ONLY ASSET SALE OF THE 2 YEAR SHAM ADMINISTRATION
The 2011 sale of Lot 20 Longburn followed the Manawatu District Council bringing their
conditional contract to purchase WESL waste water pipeline assets to an end March 2011
(93) refer Questions Three, Six, von Lanthen then instructed Jim McArley to negotiate
access to WESL waste water assets to allow the Longburn Lot 20 sale to proceed June, July,
August 2011. McArley reinstating Colliers Hawkes Bay (who had not been paid for the
earlier abandoned sale 7) to sell Lot 20 through a tender process (116). September 2011
after receiving information the Hamilton based Thurston Group investigation aware Lot 3,
Lot 20 PLA notice was the same notice (35(A)) was not served March 2010 (2(B)),
selectively informed the ANZ Bank Lot 20 PLA notice had not been served (91(A)). When
Kettle became aware the Thurston Group had informed the ANZ Bank and that he (2011)
had exposed his Bell Gully Auckland colleagues (114, 116, 117(A)), the Lot 3, Lot 20 PLA
section 119 notice was not served March 2010. Kettle 30 days after tenders closed (116),
2 days after the Lot 20 agreement was signed, 30 September 2011 attempted to serve a
PLA section 119 notice on Kenneth Thurston a bankrupt of 12 months (94, 37, 38, 39). To
cover that September 2011 PLA service had nothing to do with the PLA notice required
served to sell Lot 3 July 2010 (20,21), Bell Gully Auckland informed the New Zealand Law
Society, (anyone that requested) they had asked the receivers Richard Simpson, David
Roscoe to request new PLA notices to be served (112(A)). That is also a lie. But then Bell
Gully Auckland could tell the New Zealand Law Society Auckland any lie they liked because
any complaint laid with the Auckland Standards Committee were redirected to Richard
Simpson’s personal lawyer Hayden Wilson Wellington who had been engaged to respond
for the Law Society. Later 2013 Bell Gully engaged Graham Gill was on board informing 13
January 2014 (2(C)).
Early 2013 Bell Gully, Simpson were in too deep to allow the 2 day Judge Broadmore
hearing to proceed. One question Simpson would have faced was did you request Bell
Gully Auckland serve new PLA notices September 2011 as Bell Gully had informed the
Law Society (112(A)) Simpson aware Thurston Group investigation (refer (69) Wiring
Diagram 4 focusing solely on Simpson) would, will expose any lies, would have, will
answer ‘No’ (113(2)). The list of similar questions numerous. Any two day hearing
would, will expose not only the sham receivership but the entire corruption cover up.
The 2 day Judge Broadmore hearing (29) would have collapsed in the Wellington District
Court within hours of the first day. Chief District Court Judge, the Judicial Conduct
Commission instruct the Wellington District Court to hand over the 18 April 2013 in court
transcript (66). We hold something quite special. Let New Zealand see all was not well
in the Wellington District Court early 2013.
17
How could it be any different today in the High Court? Chris Finlayson appointing Judges
with those connections (Wellington is not that big) where are the decisions being made?
FIVE YEARS ON $45 MILLION IS MISSING
Millions of dollars Fernfresh export receipts never recovered refer (40, 100(A)). 48 truck
and trailers, $4 million ANZ Bank valuations of Thurston Group plant stolen, $45 million is
missing. Tawera Lands dating back 4 generations, $25 million asset value stripped now in
part owned by the Government. No group financially could sustain such an attack refer
(36) the state of the Thurston Group companies March 2010 then Questions Three , Four,
Five, Six, Seven, Eight, Nine, Ten finally September 2011 18 months later (37, 38, in
particular 39). 6 year limitations pending, remedies through the High Court at present not
possible. The Hamilton investigation team independent advice given to the Thurston
Family unanimous, the Bell Gully, Susan Thomas connections are too robust to allow
recoveries to be contemplated through the High Court. Difficult to believe Bell Gully, Susan
Thomas those connections will allow the above to be exposed to allow remedies to be
addressed. Prime Minister when the ANZ Bank are required to answer those 10 questions
a corruption (68, 69) cover-up (66, 67) of the magnitude New Zealand has not seen before
will become abundantly clear.
KENNETH THURSTON
Kenneth Thurston, a Manawatu farmer who built up a substantial land holding property
group $110 million plus post 1990. To this day Kenneth has never turned on a computer
being the front (phone) taking directions for the Hamilton investigation parties. It has been
a difficult 5 years for the Thurston family (refer online media reports) bankruptcy loss of
fourth generation family lands. Kenneth went through difficult times 2009, 2010, early
2011, today very much sorted.
Kenneth Thurston takes full responsibility for the contents of this open letter to the Prime
Minister John Key.
HAMILTON INVESTIGATION TEAM
Three parties that come together mid-2011, that number swelled to 12 at one Saturday
morning meeting not all from the Hamilton area. The unpaid parties building all Wiring
Diagrams (66, 67, 68, 69). Behind the scenes to protect their contacts, the parties that
supplied information. The 30,000 hour investigation one party 10,000 hours generated
paper and string investigation costs of $200,000.
18
FIVE YEARS ON EVERY POSSIBLE REGULATORY AVENUE HAS BEEN EXHAUSTED SFO,
POLICE, LAW SOCIETY, COURTS, THE ANZ BANK UNTOUCHABLE
Chief Ombudsman advising the Office of the Ombudsman holds no authority to investigate
the ANZ Bank (73). The IRD particularly post Rodney Hyde has limited authorities to deal
with the ANZ Bank. The New Zealand Law Society Auckland, Wellington when responding
following the laying of multiple complaints against Bell Gully lawyers recorded via Richard
Simpson’s personal lawyer what Bell Gully wanted. Refer one of many Bell Gully informing
the New Zealand Law Society 21 October 2011 (5(A)). The Law Society Richard Simpson’s
personal lawyer Hayden Wilson informing (72(A)), “6. Fees incurred in respect of the review
of WESL were incurred at the request of ANZNB; the Committee accepts that the review of
WESL, in particular the proposed sale of the pipeline, was properly undertaken as part of
ANZNB’s wish to realise the value of the outstanding borrowings” then what von Lanthen,
Kettle were doing in Feilding 26 February 2010 (14) Line in the Sand Question Three.
The corruption cover up extends through the SFO, Police, Courts, well briefed Governor-
General, Solicitor-General, yourself Prime Minister. There is nowhere left to turn. John
Key check it out for yourself (not Judith Collins problem it’s yours) ask Julie Read (SFO
Director), Mike Bush (Police Commissioner) after 5 years other than Graham Gill’s
misguided attempt to appease the Thurston Group (119), what questioning of the ANZ
Bank, Kim von Lanthen, Hugh Kettle, Richard Simpson has been undertaken. The answer
will be no questioning whatsoever. Throughout this letter 21 October 2011 has been
highlighted. The reason, von Lanthen was monitored destroying Thurston Group files prior
to him leaving the ANZ Bank. The ANZ Bank 30 September 2011 requested assistance from
Bell Gully (120). The ANZ Bank post 21 October 2011 relying on Bell Gully’s version of
events (5(A)). The ANZ Bank rewarding Bell Gully 21 October 2011 for their assistance (45).
There is no suggestion Guy Stevens lied, he was misled. A lot happened 21 October 2011
refer (55, 47(D), 44(A), 45, 5(A)) as von Lanthen walked out of the ANZ Bank 21 October
2011 (54(B)). By reading Graham Gill’s 13 January 2014 response (1-4) you read a post 21
October 2011 Bell Gully story requiring questioning only of the ANZ Bank. Prime Minister
read the SFO 13 January response start to finish, not one word of that response originated
from the ANZ Bank. The SFO (Graham Gill) gave the law firm Bell Gully the luxury of
responding to their own Kettle, von Lanthen complaints. 10 questions answered only by
the ANZ Bank will do the job, the rest (66-69) will fall into place.
FOR THE RECORD AND NOT NEGOTIABLE
There is good reason to believe the Prime Minister of New Zealand John Key assisting a
party who is more than just an acquaintance will not require/allow the 10 questions
attached to this letter to be answered by the ANZ Bank. The response to that will be post
22 April 2016 should no response have been received confirming a suitably qualified party
acceptable to all will be supplied the required authorities to allow with urgency the ANZ
19
Bank to be formerly questioned (47 questions in total), action will be taken against the
New Zealand Police. The assets have been identified where no personal harm to any party
will occur. Those substantial assets will be destroyed. Prime Minister the Attorney-
General Chris Finlayson can ask High Court Judge Susan Thomas how the inevitable fallout
will be managed she will be able to inform him. No New Zealander should be required to
put their life on the line to have the law applied but it was anticipated. At this point parties
reading this letter should refer (121). Should it be required the ultimate sacrifice will be
made. Why is this action being taken? Refer (122), to be trespassed off your fourth
generation family farms Jack William, Lester William, Kenneth William, Richard William, --
---- William Thurston (at school) would have been five generations a High Court Judge
takes the side of corruption, only the New Zealand public are left.
10 QUESTIONS THAT REQUIRE ANZ BANK ANSWERS
Five years on a line in the sand has been drawn for you Prime Minister. John Key you must
step around Roger Partridge, Graham Gill, Mike Bush, New Zealand Law Society, one High
Court Judge Susan Thomas, another party who all require these 10 questions not answered
by the ANZ Bank.
For the avoidance of doubt, when the ANZ Bank are required to answer these 10
questions, the answers, the undertakings that require those answers will expose
significant wrongdoing/corruption involving three Wellington businessman Kim von
Lanthen, Hugh Kettle and Richard Simpson those same answers to blow open a 2013,
2014, 2015 cover-up unparalleled to any other. John Key you should not need to be
reminded Prime Ministers do not harbour corruption.
This letter being supplied to the CEO ANZ Banking Group Shayne Elliott, we ask the ANZ
Bank answer these questions without the requirement for action (for the record and not
negotiable). Should they require clarification surrounding any point please ask. Within
reason the answers will be supplied
Yours sincerely
Kenneth Thurston
Former Director Sole Shareholder
Thurston Group of Companies
20
QUESTION ONE
APRIL – JULY 2009
ANZ BANK (VON LANTHEN) INTERCEPT LAW FIRM BELL GULLY (KETTLE) INVOICES,
MAKE PAYMENT FROM A THURSTON GROUP COMPANY BANK ACCOUNT
Background
Kim von Lanthen early May 2009 following a social gathering became aware ANZ Banked
Thurston Group companies held cash cow assets that it would be beneficial if he could
control. Von Lanthen saw no point in continuing with a Thurston Group restructure
commenced prior to his January 2009 appointment Thurston Group ANZ Bank Manager.
Von Lanthen abandoned the Newbridge security restructure early May 2009, refer
Paginated Documents attached (11). Lawyer Bell Gully partner Hugh Kettle engaged by the
ANZ Bank (von Lanthen) February, March 2009 wanted to be paid. The restructure
abandoned by von Lanthen, Kettle’s work was of no value to the ANZ Bank or the Thurston
Group. Von Lanthen requested Kettle invoice the Thurston Group Director, sole
shareholder Kenneth Thurston, directly supply the invoices to von Lanthen only he would
take the monies from a Thurston Group company ANZ held bank account. Von Lanthen,
Kettle’s intention, the Thurston Group would never view the Bell Gully invoices. The
amount of money small, the purpose of the request to demonstrate von Lanthen’s intent
within weeks of his appointment Thurston Group ANZ Bank manager.
QUESTION OF THE ANZ BANK
July 2009 the ANZ Bank took $141,000 from a Thurston Group Company bank account
making payment directly to Bell Gully refer Bell Gully April, May 2009 invoices obtained
following von Lanthen left the ANZ Bank October 2011 (54(B), 90(A), 49, 50). After
reviewing the Bell Gully April, May 2009 invoicing of Kenneth Thurston, what authorities
were ANZ Bank relying on to intercept the invoicing take money from a Thurston Group
company bank account to remunerate Bell Gully July 2009?
THE ANZ BANK ANSWER WILL BE
The ANZ Bank held no authorities to intercept the law firm Bell Gully April, May 2009
invoicing of Kenneth Thurston make payment to Bell Gully July 2009 from a Thurston Group
company bank account.
21
QUESTION TWO
SEPTEMBER 2009
ANZ BANK (VON LANTHEN) REQUEST RECEIVERS BE APPOINTED
Background
Kim von Lanthen May, June, July, August 2009 unable to gain access to Thurston Group
assets he wanted control of as no default had occurred to undertake enforcement action
e.g. mortgagee sales, appoint receivers to get control supplied 22 September 2009 an ANZ
Bank document requesting the Thurston Group Director voluntarily place the company
that held the assets he (von Lanthen) wanted control of Aotearoa Coolstores Ltd (ACL) into
receivership (128).
QUESTION OF THE ANZ BANK
Prior to 22 September 2009 had ANZ Bank, National Bank served any letter of demand,
Property Law Act notice on a Thurston Group company Director? Please supply the letter
of demand, PLA notice should one be found.
THE ANZ BANK ANSWER WILL BE
No letter of demand, PLA notice (Default notice) cannot be found.
22
QUESTION THREE
FEBRUARY 2010
WATER ENVIRO SERVICES LTD (WESL) THURSTON GROUP COMPANY, ANZ BANK
SECURITIES HELD FEBRUARY 2010
Background
Early February 2010 Von Lanthen was spoken to by Jean Cooper a straight talking former
Westpac banker who informed von Lanthen his undertakings against the Thurston Group
were not normal banking practise. Von Lanthen objected to being put in his place
requesting Kettle review Thurston Group ANZ Bank securities held to recover the ANZ Bank
$3.5 million Thurston Group exposure (17). Following that February 2010 review Von
Lanthen, Kettle became aware of their failure to secure a number of Thurston Group
companies early 2009 exposing themselves, ANZ Bank of most concern was the strategic
waste water assets owned by Thurston Group Company Water Enviro Services Ltd (WESL).
The waste water assets the ANZ Bank required to sell two Thurston Group properties
Works Road Lot 3, Works Road Lot 20 Longburn both properties secured to the ANZ Bank
by way of first mortgages, first ranking General Security Agreement (GSA) (Collateral Type
All Present and After Acquired Personal Property).
QUESTION OF THE ANZ BANK
The ANZ Bank (von Lanthen) informed 15 February 2010 refer (89(A)).
The law firm Bell Gully (Kettle) invoiced the ANZ Bank 6 April 2010 refer (6(A)).
Could the ANZ Bank supply the loan documentation von Lanthen referred to 15 February
2010 (89(A)) that would support the ANZ Bank making a claim against any sale proceeds
as a secured party?
THE ANZ BANK ANSWER WILL BE
The ANZ Bank held no mortgages, priority securities securing Thurston Group company
WESL.
23
QUESTION FOUR
APRIL 2010
FERNFRESH GROWERS AND EXPORTERS TO THE WORLD LTD (FERNFRESH)
THURSTON GROUP COMPANY, ANZ BANK SECURITIES HELD APRIL 2010
Background
Von Lanthen informed the ANZ Bank had no interest in the banks securities securing
Thurston Group Company Fernfresh the company’s two export pack houses, export
receipts (40, 99(A)). Why? Von Lanthen aware he had failed to observe notes left on bank
files late 2008 to secure a number of Thurston Group companies early 2009, wanted out
early 2010 (89(A)). Von Lanthen thought he could recover ANZ Bank $3.5 million Thurston
Group exposure (35(C)) by way of three mortgagee sales Racecourse Road Taumarunui,
Works Road Lot 3 Longburn, Works Road Lot 20 Longburn, combined bank valuations $12
million without Thurston Group, ANZ Bank becoming aware their von Lanthen, Kettle
security failings early 2009. Von Lanthen’s decision April 2010 to no enforce the banks
priority securities securing Thurston Group company Fernfresh was not ANZ Banking
policy, motivated solely by his desire to exit the rapidly deteriorating Thurston Group ANZ
Bank security situation he, Kettle were facing early 2010. Refer answers to Questions
Three Four later Five, Six.
QUESTION OF THE ANZ BANK
ANZ Bank (von Lanthen) informed July 2011 (99(A)).
For what reason did the ANZ Bank re-register Fernfresh Financing Statement Registration
on the Personal Property Securities Register long after the company Fernfresh was struck
off by the Companies Office (129(A), 130, 135), but did not claim relying on the ANZ Bank
first ranking (priority) General Security Agreement, Collateral Type All-Present and After
Acquired Personal Property? Fernfresh party to a Thurston Group executed ANZ Bank,
National Bank cross-guarantee Refer the ANZ Bank Fernfresh securities held 2009, 2010
(129, 130, 101(A, B)), cross-guarantee (63, 64, 65, 36(C)) von Lanthen selectively relied on
16(C)) refer later Questions Six, Seven.
PLEASE NOTE
It is accepted any secured party can walk away from their securities. Question Four being
asked as it relates to ANZ Bank (von Lanthen, Kettle) downstream (later 2010) problems.
THE ANZ BANK ANSWER WILL BE
Von Lanthen’s decision not enforcing the ANZ Banks priority securities securing Thurston
Group Company Fernfresh the company’s two export pack houses, export receipts was not
ANZ Banking policy.
24
QUESTION FIVE
JUNE – JULY 2010
AOTEAROA COOLSTORES LTD (ACL) THURSTON GROUP COMPANY, PROPERTY
LAW ACT 2007
Background
ANZ Bank, law firm Bell Gully (Von Lanthen, Kettle) when undertaking two mortgagee sales
Racecourse Road Taumarunui June 2010, Works Road Lot 3 Longburn July 2010 (18-22),
came up $2.9 million short paying down ANZ Bank $3.5 million Thurston Group All
Companies exposure (35(C)), already planning a further mortgagee sale Works Road Lot 20
(7) that required WESL waste water assets (9(A), 10(A)) refer answer to Question Three,
later Six and that Lot 3/Lot 20 PLA section 119 notice (same notice (101(C), 35(A)) displayed
ANZ Bank first ranking securities securing Fernfresh were party to a Thurston Group
executed cross-guarantee (36(C)) refer Question Four ANZ Bank, Thurston Group
securities in disarray completed the two mortgagee sales Racecourse Road Taumarunui,
June Works Road Lot 3, July 2010 without PLA section 119 notice.
QUESTION OF THE ANZ BANK
The ANZ Bank engaged lawyers the law firm Bell Gully invoiced the ANZ Bank March, April
2010 refer (6(C)).
The ANZ Bank to supply one affidavit of service two PLA notices were served prior to the
ANZ Bank as mortgagee discharged their mortgages sold Racecourse Road Taumarunui
June 2010, Works Road Lot 3 Longburn July 2010 by way of mortgagee sale.
THE ANZ BANK ANSWER WILL BE
No affidavit of service can be found by the ANZ Bank. Racecourse Road Taumarunui, Works
Road Lot 3 were sold by way of ANZ Bank mortgagee sale June, July 2010 without PLA
section 119 notice.
25
QUESTION SIX
SEPTEMBER 2010
ANZ BANK MORTGAGES, FIRST RANKING (PRIORITY) GENERAL SECURITY
AGREEMENTS (GSA’s) ALL ANZ BANK SECURITIES TAKEN, HELD 6 SEPTEMBER 2010
SECURING THURSTON GROUP COMPANIES (ASSETS) WHERE THE SERVICE OF PLA
NOTICE, APPOINTMENT OF RECEIVERS COULD BE RELIED ON TO MAKE SECURED
PARTY RECOVERIES
Background
Manawatu District Council (MDC) Friday 27 August 2010 following a council meeting the
previous day contacted parties regarding who they should talk to purchase WESL’s waste
water assets for the township of Longburn. Von Lanthen, Kettle were exposed Huttons
Kiwi Meat Division situated on Works Road Lot 20 required the same waste water assets
the council wanted to purchase. Works Road Lot 20 could not be sold without WESL waste
water assets. Von Lanthen, Kettle 27 August 2010 had exposed their failure to secure
WESL, other Thurston Group companies early 2009. Refer 14 answer to Question Three.
von Lanthen early September 2010 instructed Colliers via Jim McArley to pull Works Road
Lot 20 mortgagee advertising (7). September 2010 the ANZ Bank held no securities that
could be relied on to recover Thurston Group $2.9 million ANZ Bank exposure (47(E)), other
von Lanthen generated costs. ANZ Bank first-ranking securities securing Thurston Group
Company Fernfresh von Lanthen, Kettle walked away from earlier April 2010 became a real
problem Question Four.
QUESTION OF THE ANZ BANK
The ANZ Bank held a number of mortgages, first-ranking (priority) GSA’s Collateral Type:
All Present and After Acquired Personal Property securing Thurston Group companies,
those companies assets early September 2010 refer some of those securities (101, export
receipts (40)). Could the ANZ Bank taking into account what von Lanthen instructed July
2011 (99(A)) refer Question Four, review those mortgages, securities, (any securities)
identify which security could be relied on early September 2010 that the ANZ Bank or the
banks appointed receiver Richard Simpson could recover Thurston Group $2.9 million
(47(E), 32(5))ANZ Bank exposure?
THE ANZ BANK ANSWER WILL BE
The ANZ Bank held no securities where enforcement action e.g. mortgagee sales,
receivership would recover Thurston Group $2.9 million ANZ Bank exposure September
2010.
26
QUESTION SEVEN
AUGUST – SEPTEMBER 2010
TAWERA LAND COMPANY (TAWERA) THURSTON GROUP COMPANY VALID
NATIONAL BANK PROPERTY LAW ACT NOTICES
Background
Von Lanthen, Kettle 2010 came up with a plan to sell National Banked Thurston Group
Tawera Land Company farms by way of mortgagee sale (46(A)), ANZ Bank relying on a
Thurston Group executed ANZ National Bank cross-guarantee (16(C), 63, 64, 65) receive
the sales proceeds pay down Thurston Group ANZ Bank exposure other by September 2010
substantial von Lanthen generated costs, retire receiver Simpson refer later Question Ten.
That plan required the serving of a National Bank demand, multiple National Bank PLA
section 119 notices on Tawera Director Richard Thurston. To undertake the above the
National Bank demand (59, 60) seven National Bank section 119 PLA notices refer one (61,
62) could not be served in accordance with the Property Law Act 2007. The ANZ Bank
advised the letter of demand was served on Tawera Director 23 August 2010 by their legal
advisors (23(A)).
The seven PLA notices served 23 September 2010 informed the letter of demand was
served 23 August 2010 (61(C)). Later the National Bank appointed receivers First Receivers
Report confirmed the Letter of Demand was sent 20 August 2010 (102(A)), later again 2012
the receivers shifting their reliance the National Bank demand PLA notices not being
satisfied to the IRD liquidation default (48(A)).
QUESTION OF THE ANZ BANK
The ANZ Bank to supply the affidavit of service confirming the letter of demand was served
23 August 2010 on Tawera Director Richard Thurston (23(A)). The ANZ Bank to confirm
the letter of demand served 23 August 2010, seven PLA Section 119 notice served 27
September 2010 complied with the Property Law Act 2007 when post 3 December 2010
the National Bank appointed receivers Dennis Wood, Boris McDelden (McDonald Vague)
no new PLA notices served sold multiple properties by way of mortgagee sale (83(B)).
THE ANZ BANK ANSWER WILL BE
The National Bank 20 August 2010 letter of demand seven National Bank PLA section 119
notices their service on Tawera Director Richard Thurston were compromised, generated
invalid by Bell Gully (Kettle) following instructions by the ANZ Bank (Kim von Lanthen).
27
QUESTION EIGHT
DECEMBER 2010
ANZ BANK, NATIONAL BANK HELD MORTGAGES FIRST RANKING (PRIORITY) GSA’S
(ALL PRESENT AND AFTER ACQUIRED PERSONAL PROPERTY) 2 DECEMBER 2010
SECURING THURSTON GROUP COMPANIES SUPPORTED BY $75 MILLION BANK
VALUATIONS
Please refer Question Eight in conjunction with Letter to the Prime Minister Pages 8, 9,
10 What really happened between September and December 2010.
Background
Inland Revenue Department were successful in the Palmerston North High Court 2/3
December 2010 obtained the liquidation of Thurston Group Company Tawera Land
Company (Tawera) (107). The National Bank (Sharon Burleigh) minutes later appointed
Dennis Wood, Boris Van Delden (McDonald Vague) Receivers and Managers of Tawera
(42).
QUESTION OF THE ANZ BANK
ANZ Bank, National Bank held a number of mortgages first ranking GSA’s, securing
Thurston Group companies, assets of those companies (bank valuations exceeding $75
million) refer some of those securities (101, 42, 63-65) some of those assets (56, 57, 57,
80, 7(C), 40). As at 2/3 December 2010 what mortgages, first ranking GSA’s could be relied
on that the ANZ Bank, National Bank could make secure party recoveries? Prior to
answering Question Eight please refer ANZ Bank answers to Questions Three, Four, Six
and Seven.
THE ANZ BANK ANSWER WILL BE
December 2010 ANZ Bank, National Bank held first ranking priority securities supported by
bank valuations exceeding $75 million. December 2010 the ANZ, National Bank held no
securities securing Thurston Group Companies (assets) where secured party recoveries
could be made. The ANZ Bank relied on required the IRD default, the liquidation of Tawera
2/3 December 2010 (107, 42, 48(A)). The ANZ Bank, law firm Bell Gully controlled what
the High Court saw 2 December 2010 to obtain the IRD default.
No parties are more aware of that 2015, 2016 than the IRD (26, 27, 28).
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QUESTION NINE
MARCH 2010 – SEPTEMBER 2012
ANZ BANK (VON LANTHEN) ENGAGEMENT OF JIM McARLEY (PROPELLER
ADVISORY LTD)
Background
ANZ Bank (von Lanthen) engaged Jim McArley (Propeller Advisory Ltd) March 2010 to
undertake mortgagee sales on behalf of the ANZ Bank to pay down Thurston Group $3.5
million (89, 35(C)), ANZ Bank exposure (16(3), 22(C,D)). Problems surrounding the
abandoned 1 September 2010 Works Road Lot 20 sale (9(A)), refer answers to Questions
Three, Six unable to complete the 1 September advertised Works Road Lot 20 mortgagee
sale (7, 15), pay down Thurston Group ANZ Bank $2.9 million exposure (47(E)), other costs
required ANZ Bank (von Lanthen) 6 September 2010 to enter into a sham (Richard
Simpson) receivership (refer answer to Question Six, Ten) a front for von Lanthen, McArley
to work behind (87(C)). McArley remained engaged by the ANZ Bank taking instructions
from von Lanthen including discussions with the Manawatu District Council (Hamish
Waugh), regarding getting access to WESL waste water assets, discussions with parties
leasing Works Road Lot 20, then later 2011 the sale of Works Road Lot 20. At no time was
McArley engaged by the Receiver Richard Simpson.
QUESTION OF THE ANZ BANK
Could the ANZ Bank inform when their engagement of Jim McArley (Propellor Advisory
Ltd) came to an end?
THE ANZ BANK ANSWER WILL BE
Jim McArley (Propeller Advisory Ltd) was engaged by the ANZ Bank March 2010. The ANZ
Bank engagement not coming to an end until 2012. At no time was Jim McArley (Propeller
Advisory Ltd) engaged by the receivers Richard Simpson.
29
QUESTION TEN
SEPTEMBER 2010
ANZ BANK RECEIVERSHIP APPOINTMENT DOCUMENT APPOINTING WELLINGTON
ACCOUNTANT RICHARD SIMPSON, DAVID ROSCOE (GRANT THORNTON)
RECEIVERS AND MANAGERS OF THURSTON GROUP COMPANY AOTEAROA
COOLSTORES LTD (ACL)
Background
6 September 2010 the ANZ Bank informed the bank had appointed Wellington accountants
Richard Simpson, David Roscoe receivers of ACL von Lanthen instructing all Thurston Group
phones nothing to do with the potential receivership be disconnected (134), the von
Lanthen final take out was on. Other than an electronic advice to the Companies Office
by the receivers, no ANZ Bank confirmation confirming Simpson, Roscoe were appointed
has been found. The appointment following the abandoned Works Road Lot 20 Longburn
sale (7). The administration a front until monies became available (refer ANZ answer to
Question Six, Seven). Von Lanthen Kettle planned to sell Tawera Land Company Ltd
(Tawera) Thurston Group Company farms (46(A)) take the sale proceeds relying on a
Thurston Group executed cross-guarantee ((16C), 63, 64, 65) pay down Thurston Group
ANZ Bank exposure, other costs, retire Simpson, Roscoe. Von Lanthen to remain in total
control of the diminishing administration income during that undertaking (95). Von
Lanthens plan collapsed October 2010 requiring von Lanthen, McArley to remain in control
of the Simpson administration refer Questions Nine.
Wellington accountant Richard Simpson advised he, David Roscoe were validly appointed
receivers of ACL 6 September 2010 (32(5)). Richard Simpson refused to supply the ANZ
Bank appointment document to ACL liquidator (a Government Department) informing,
“Mr Thurston would have been provided with a copy of the appointment document at the
time as this is standard practise”.
QUESTION OF THE ANZ BANK
The ANZ Bank to supply the receivership appointment document “as this is standard
practise” required by law (the Receivership Act 1993) appointing Wellington accountants
Richard Simpson, David Roscoe (Grant Thornton) Receivers and Managers of Thurston
Group Company Aotearoa Coolstores Ltd 6 September 2010. The receivership not coming
to an end until 20 September 2012.
THE ANZ BANK ANSWER WILL BE
The ANZ Bank appointment document should there be one will not support Richard
30
Simpson’s undertakings between 6 September 2010 and 20 September 2012, the
Receivership Act 1993.
