Chief Ombudsman, Beverley Wakem's opinion that Mr and Mrs Titford had legal advice before they executed the documents for the Crown to acquire their farm for the "alleged" Te Roroa claim, has been proved to be wrong.
The Crown Law Office, Office of Treaty Settlement and the Minister's have continued to use her opinion to hide the truth, that the documents were "tampered with" and the Titford's did not receive "legal advice".
We now ask Beverley Wakem to honour her position as Chief Ombudsman and amend her unsubstantiated opinion, which could only have been given under "political pressure".
See letter below.
ONE NEW ZEALAND FOUNDATION INC
P.O.Box 1, Awanaui, Northland. www.onenzfoundation.co.nz
22 December 2009.
Att: Beverley Wakem,
Chief Ombudsman.
Re: Your letter dated the 27 June 2007.
While you have stated the Ombudsman's Office will not be responding to my letters, I would like this email placed on file to record a serious error in your letter of the 27 June 2007.
On page 5, clause 25 of your letter in response to whether Mr and Mrs Titford had legal advice when they executed the documents you stated, "This leads me to the conclusion there is no substance in the allegations that Mr and Mrs Titford did not have appropriate legal advice at the time of the execution of the documents".
In Mr Samec's submission to the Legal Profession Board of Tasmania he stated, "I suspect I was merely acting as a Notary Public, but possibly I was acting for the New Zealand Crown......I was merely acting as a witness. He did not give Mr and Mrs Titford legal advice!
On the 23 August 2000, Mr Titford’s lawyer Clive Jackson wrote, “At no stage prior to the execution of the final settlement agreement was I provided with a copy of the documentation and was not aware that the documentation had been signed until after the fact. I did not provide you with any legal advice in respect to the final agreement and if I had my advice to you would have been, not to sign it”. He did not give Mr and Mrs Titford legal advice and if he had, he would have advised them, "not to sign it"!!
From these two statements, Mr and Mrs Titford did not have legal advice at the time they executed the documents on the 12 December 1995.
Hopefully, you will amend your opinion and notify the Crown Law Office and Office of Treaty Settlements that have continued to hide behind your unsubstantiated opinion given under "political pressure".
