Christopher Wingate

Revision as of 2007-10-14T14:54:35

In August 2000 New Zealand businessman Christopher Wingate of Arklow vs. MacLean unhappy with the New Zealand Court of Appeal and Privy Council decision made an application to the United Nations Office of the High Commissioner for Human Rights (OHCHR),seeking a ruling that Crown and Judicial Immunity should be ruled illegal. The basis of the application was political and judicial leadership are the most important fiduciaries holding power over the people they are duty bound to serve. The application argued the immunity meant the victims of state abuse were unable to prosecute those who control the judicial and political systems of state, thereby allowing corruption and negligence to escape prosecution. The Wingate application exampled a very interesting point regarding the judicial oath, pointing out all judges must sign the judicial oath which is a fiduciary undertaking or a promise of duty of care. Yet the moment it is signed the judge is protected with judicial immunity which prevents anyone from testing the obligation the judge undertook in the oath allowing judges a method of escape that ordinary people could not. It was also pointed out that the type of contract in commercial law is an illegal contract because the judge knows the promise he is making can never be tested. Mr Wingate has argued the Court of Appeal and Privy Council ignored the law and changed critical facts that saw him win the New Zealand High Court trial over the ownership of Matakana Island.

In 1991 Rotorua businessman Christopher Wingate began putting together a bid to buy the 10000 acre forest and land. His interest was building 20000 home sites. The asking price was $30m plus but after complex negotiations got the price down to $20m. After negotiating with Kanematsu Japan to buy the 17-34 year forest for $15.75m Mr Wingate approached Wellington Merchant Bank FAR Financial seeking the $4.25m shortfall. Unknown to Wingate the bank were broke.

Instead of offering the money FAR Financial asked for Mr Wingate $5000 to look for the money which Wingate declined. Even though the bank promised Wingate confidentiality FAR Financial began negotiations with ITT Rayonier for the 17-34 year forest for $15.6m within 30 days of seeing how Wingate had structured his deal. After finding a buyer of the 1-16 year forest FAR Financial ended up with the 10000 acres of Matakana land cutting Wingate out of his own deal. FAR got the land for free. Wingate began litigation Arklow vs. MacLean in February 1993.

In early March 1993 local Maori rights activist's Sonny Tawhiao and Christine Kuka laid a large log on the road stopping the new owners of Matakana Island from carrying out any logging. They claimed their tribe Ngai Te Rangi should be the owners of Matakana Island claiming to the media and the government the Matakana land was sacred and priceless to Maori. The tribal leadership had formed a company called Te Kotukutuku (TKC). After a fire in the forest and other threats, TKC was given a contract to purchase the Matakana forest land and 1-16 year forest. When they got that agreement the road blockade was lifted and the protests stopped. But with no money to complete the purchase, TKC sold half the sacred land to American property developers Port Blakely but kept 5000 acres at the sametime gaining a surplus of $4.6m on the deal. TKC then used this money to help FAR Financial in its legal defense from the Wingate claim.

In May 1997 Wingate won the 4 week trial against FAR Financial. In 1998 the New Zealand Court of Appeal heard submissions from TKC and Ngai Te Rangi iwi that even if FAR Financial had done wrong to Wingate, the more important issue was the sacred land was now in the hands of Maori. TKC begged the court to allow the sacred land to remain with them. The court agreed producing a judgement that ignored the trial facts that clearly exposed FAR Financial were guilty of stealing the Wingate deal. The TKC shareholders were now worth a fortune.

In 1998 Sonny Tawhiao suspected the tribal leadership were trying to get what they could for themselves. He called Wingate seeking information and was provided with documents on what the tribes leadership were up to. Shocked with what he saw, Tawhiao began to lobby his people. In July 1998 Mr Tawhiao's burnt body was found in the back seat of his car in the Matakana forest. The police report written by a TKC insider suggested his death was suicide. The police report suggested Sonny Tawhiao drove into the Matakana forest got into his back seat and set himself on fire.

In 1999 the judgment of the New Zealand Court of Appeal was appealed by Wingate to the Privy Council. Again the Maori begged and pleaded the court to ignore the wrongs by FAR Financial because the sacred land was in the hands of the Maori tribe. The Privy Council also ignored the facts found at the New Zealand High Court that obviously proved FAR Financial had stolen Christopher Wingate's deal that was going to give Wingate the 10000 acres of Matakana land for free.

Free to move ahead on Monday July 28 2003 Te Kotukutuku announced a multi hundred million dollar luxury canal housing deal on the sacred land. Other local Maori complained. Then in July 2007 Te Kotukutuku announced it had sold all of the scared land to a group of property developers.

The leadership of the Ngai Te Rangi Iwi and their accountant received more than $60m for this sale and the tribal members got nothing.

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