‘Government fully aware that no such liability obligation ever existed’

Dear EditorI briefly zipped through Dennis Tunui and Tim Tepaki’s articles dated Monday 1st September 2014, and I was insulted by Tepaki’s labelling our Grey Power metuas as home grown terrorism, that’s a very poor analogy of the organisation if you ask me.It seems to me, that the guy has got a lot of time to waste in a day.I rather comment on facts about this fiasco. The withdrawal of funds out of some Grey Power members’ account was unlawful theft. It is also unlawful persuasion of a private bank to, without the customers approval, or, without a court order from the high court, to remit from these pensioners savings, monies assumedly equivalent to tax alleged to be owing on amounts received as NZ pension payments, those pensions being paid to Cook Islands pensioners, formerly residents in NZ. The disappointing part as far as I am concerned, is with the CIP government, for being at all times fully aware of the terms and conditions of its own taxation legislation, they are knowingly aware that pensions derived from any source, including NZ were until January 2014, were well documented, clearly worded, easy to understand are absolutely non-taxable in the Cook Islands. You cannot get it any clearer than that, maramarama ua te akamaramaanga no runga i teia tuanga o te ture o to tatou basileia. I akapeea ake tetai tangata i manako ei e kia uri mai i ta tatou ture kia tau ki tana uaorai urianga? This is a deliberate act of blatant arrogance, kare atu e autara tau i te akaaite atu i teia tutu apaianga manako?Nonetheless, an instruction was relayed by the Cook islands government’s Tax Collector to the Westpac bank, to illegally remove from certain pensioners’ bank accounts, amounts determined by our government, as money owed on unpaid tax on NZ pensions, received by resident of the Cook Islands. And yet, our Cook Islands government at all times has been fully aware that no such liability obligation ever existed. I am guessing that they are fully aware of our country’s taxation legislation. Therefore in partial compensation for this, was illegal and was an unconscionable act, this was a very poor judgement on our government’s behalf. If so, our government should immediately, together with interest lost, refund all money stolen. And in addition to any other penalties, which might be imposed during a court hearing, pay to each of the affected persons compensation for deprivation of funds, personal suffering and inconvenience.In my view, there should be a full investigation by the government Auditor, Ombudsman and the Banking Ombudsman, into this matter, and all collective outcomes must also be published, accessibly available for public information. Censure of all government and bank officials should likewise be considered a matter of public interest.Considering the gravity of the imposition instigated and approved by the government, and given the effect too by the bank, a public apology published in the local paper should also be consciously considered as an appropriate mirror in this circumstance. This is a classic example of the old axiom “Justice delayed is justice denied”. For in order to be liable for back taxes the tax department must first issue “amended assessment” for each year. But it cannot legally do so as the monies in issue, while taxable in NZ, but by Cook Islands legislation, tax is exempted in the hands of resident Cook Islanders. This then is, but a further example of our government’s unfair treatment of its vulnerable local pensioner residents.Meanwhile, while all this posturing is going on, the question obviously must be asked “where are these funds being held, and what is their ultimate destination? Was it to form a Cook Islands slush fund, or perhaps, a windfall income for the NZ government?In addressing the level of the pensions determined for eligible recipients of the NZ pension, the NZ government made it clear that in setting rates at a reasonable level, it must have wished too at the same time that some of that pension would flow back to NZ in the form of a tax to be imposed on recipients. And while the reasoning behind this decision may appear to some to be strange, it was, it seems nonetheless acceptable by those NZ recipients at the time of processing.Expatriate Cook Islanders formally resident in NZ, and subject to NZ taxation continued to receive the same pension as before, with no tax being deducted, presumably by the NZ government not exercising its right to withhold tax prior to transmission and the fact that in any case pensions, until January 2014, were not taxable in the Cook Islands. With the passing of time, the NZ government eventually complained that it was losing revenue from pension payments being made to former residents who had returned to the Cook Islands, and in doing so, continued to receive their full pension payments with no tax deducted. There must have been an assumption that the NZ government was, and still is mindful of its desire to “get something back” from its pensioners’ payments. It is assumed that after some years of this repetitive activity, in respect of those former expatriates now living in their own country of residence, finally come to realise that it was not in fact getting anything back from these pension payments, as they had not, and still not appear to be exercising their right to deduct withholding tax from each payment.And it is because of that, supposedly “sweetheart deal” of some sort entered into with the Cook Islands government to placate NZ by returning tax otherwise payable under the NZ Tax act to their NZ friends, hence, this deal was hatched. Certainly, Cook Islands had no right at all times to this tax as it was specifically excluded by legislation enacted by their own parliament. So, the only logical conclusion to be drawn from these facts is that the Cook islands government agreed to act as some kind of “procurer” of tax lost by NZ notwithstanding withholding tax rights extant to cover the situation of taxable funds going off shore. It is then in fact persuaded the Westpac Bank to betray its customers by accessing, at the behest of the Cook Islands government, these personal savings and paying predetermined amounts to the government without the owners consents. Clearly, there seems to be a transparency of arrangement missing here, it’s obvious, well I cannot categorise this otherwise.It seems obvious that in order to satisfy the obvious doubt surrounding what appears to be the appalling, despotic act of three bodies, namely the NZ government, the Cook Islands government, and the Westpac Bank, something else needs to be done. Certainly, the legality and probity of the activities of all three needs to be thoroughly tested by; (a) the government auditor, (b) the appropriate Ombudsman of the government of the Cook Islands, and, most importantly, (c) the Banking Ombudsman. This is necessary in order to put to rest the obvious disquiet and lack of trust resulting from this sad and unfortunate occurrence. It will be very interesting, and in the best interest of all concerned, it will be credibly necessary to access comments from the Banking Ombudsman of both, NZ and Australia on this particular case.To my knowledge, the Manager of the Westpac Bank here in Rarotonga hasn’t been very co-operative with the Grey Power’s own investigation, maybe his/her superiors in NZ and Australia may be more approachable, and more accommodating.Taku patianga ua ki a Dennis Tunui, and to our Grey Power members, eiaa e ma’iti’iti ua, e maara rai kotou e, e ta’vaa kua nati’ia ki to koutou kaki, aaere marie e tama ma, tiaki mai, kia papu mai e koai te kavamani, i reira koutou ka akaeta akaou ei i to koutou au tavaa, if you need too? Te akaroa, te akaroa, te akaroa. Teuira Ka Ngatangiia

Dear EditorI briefly zipped through Dennis Tunui and Tim Tepaki’s articles dated Monday 1st September 2014, and I was insulted by Tepaki’s labelling our Grey Power metuas as home grown terrorism, that’s a very poor analogy of the organisation if you ask me.It seems to me, that the guy has got a lot of time to waste in a day.I rather comment on facts about this fiasco. The withdrawal of funds out of some Grey Power members’ account was unlawful theft. It is also unlawful persuasion of a private bank to, without the customers approval, or, without a court order from the high court, to remit from these pensioners savings, monies assumedly equivalent to tax alleged to be owing on amounts received as NZ pension payments, those pensions being paid to Cook Islands pensioners, formerly residents in NZ. The disappointing part as far as I am concerned, is with the CIP government, for being at all times fully aware of the terms and conditions of its own taxation legislation, they are knowingly aware that pensions derived from any source, including NZ were until January 2014, were well documented, clearly worded, easy to understand are absolutely non-taxable in the Cook Islands. You cannot get it any clearer than that, maramarama ua te akamaramaanga no runga i teia tuanga o te ture o to tatou basileia. I akapeea ake tetai tangata i manako ei e kia uri mai i ta tatou ture kia tau ki tana uaorai urianga? This is a deliberate act of blatant arrogance, kare atu e autara tau i te akaaite atu i teia tutu apaianga manako?Nonetheless, an instruction was relayed by the Cook islands government’s Tax Collector to the Westpac bank, to illegally remove from certain pensioners’ bank accounts, amounts determined by our government, as money owed on unpaid tax on NZ pensions, received by resident of the Cook Islands. And yet, our Cook Islands government at all times has been fully aware that no such liability obligation ever existed. I am guessing that they are fully aware of our country’s taxation legislation. Therefore in partial compensation for this, was illegal and was an unconscionable act, this was a very poor judgement on our government’s behalf. If so, our government should immediately, together with interest lost, refund all money stolen. And in addition to any other penalties, which might be imposed during a court hearing, pay to each of the affected persons compensation for deprivation of funds, personal suffering and inconvenience.In my view, there should be a full investigation by the government Auditor, Ombudsman and the Banking Ombudsman, into this matter, and all collective outcomes must also be published, accessibly available for public information. Censure of all government and bank officials should likewise be considered a matter of public interest.Considering the gravity of the imposition instigated and approved by the government, and given the effect too by the bank, a public apology published in the local paper should also be consciously considered as an appropriate mirror in this circumstance. This is a classic example of the old axiom “Justice delayed is justice denied”. For in order to be liable for back taxes the tax department must first issue “amended assessment” for each year. But it cannot legally do so as the monies in issue, while taxable in NZ, but by Cook Islands legislation, tax is exempted in the hands of resident Cook Islanders. This then is, but a further example of our government’s unfair treatment of its vulnerable local pensioner residents.Meanwhile, while all this posturing is going on, the question obviously must be asked “where are these funds being held, and what is their ultimate destination? Was it to form a Cook Islands slush fund, or perhaps, a windfall income for the NZ government?In addressing the level of the pensions determined for eligible recipients of the NZ pension, the NZ government made it clear that in setting rates at a reasonable level, it must have wished too at the same time that some of that pension would flow back to NZ in the form of a tax to be imposed on recipients. And while the reasoning behind this decision may appear to some to be strange, it was, it seems nonetheless acceptable by those NZ recipients at the time of processing.Expatriate Cook Islanders formally resident in NZ, and subject to NZ taxation continued to receive the same pension as before, with no tax being deducted, presumably by the NZ government not exercising its right to withhold tax prior to transmission and the fact that in any case pensions, until January 2014, were not taxable in the Cook Islands. With the passing of time, the NZ government eventually complained that it was losing revenue from pension payments being made to former residents who had returned to the Cook Islands, and in doing so, continued to receive their full pension payments with no tax deducted. There must have been an assumption that the NZ government was, and still is mindful of its desire to “get something back” from its pensioners’ payments. It is assumed that after some years of this repetitive activity, in respect of those former expatriates now living in their own country of residence, finally come to realise that it was not in fact getting anything back from these pension payments, as they had not, and still not appear to be exercising their right to deduct withholding tax from each payment.And it is because of that, supposedly “sweetheart deal” of some sort entered into with the Cook Islands government to placate NZ by returning tax otherwise payable under the NZ Tax act to their NZ friends, hence, this deal was hatched. Certainly, Cook Islands had no right at all times to this tax as it was specifically excluded by legislation enacted by their own parliament. So, the only logical conclusion to be drawn from these facts is that the Cook islands government agreed to act as some kind of “procurer” of tax lost by NZ notwithstanding withholding tax rights extant to cover the situation of taxable funds going off shore. It is then in fact persuaded the Westpac Bank to betray its customers by accessing, at the behest of the Cook Islands government, these personal savings and paying predetermined amounts to the government without the owners consents. Clearly, there seems to be a transparency of arrangement missing here, it’s obvious, well I cannot categorise this otherwise.It seems obvious that in order to satisfy the obvious doubt surrounding what appears to be the appalling, despotic act of three bodies, namely the NZ government, the Cook Islands government, and the Westpac Bank, something else needs to be done. Certainly, the legality and probity of the activities of all three needs to be thoroughly tested by; (a) the government auditor, (b) the appropriate Ombudsman of the government of the Cook Islands, and, most importantly, (c) the Banking Ombudsman. This is necessary in order to put to rest the obvious disquiet and lack of trust resulting from this sad and unfortunate occurrence. It will be very interesting, and in the best interest of all concerned, it will be credibly necessary to access comments from the Banking Ombudsman of both, NZ and Australia on this particular case.To my knowledge, the Manager of the Westpac Bank here in Rarotonga hasn’t been very co-operative with the Grey Power’s own investigation, maybe his/her superiors in NZ and Australia may be more approachable, and more accommodating.Taku patianga ua ki a Dennis Tunui, and to our Grey Power members, eiaa e ma’iti’iti ua, e maara rai kotou e, e ta’vaa kua nati’ia ki to koutou kaki, aaere marie e tama ma, tiaki mai, kia papu mai e koai te kavamani, i reira koutou ka akaeta akaou ei i to koutou au tavaa, if you need too? Te akaroa, te akaroa, te akaroa. Teuira Ka Ngatangiia