New Zealand Court Breaches EU Privacy, Data, Journalist and Whistle-blower Protection Laws : Lauda Finem

The following article was first published on laudafinem.com

Following on from our last post covering the Blomfield saga and his latest attempt to pervert justice LF have now been advised that the New Zealand Court decision enabling Kiwi lawyers to seize the LF site, in addition to the obvious lack of jurisdiction, may also breach EU laws on privacy, data protection, whistle blower, and journalist protections.

Did Judge Peter Woodhouse realize he lacked jurisdiction? Did Blomfield mislead him? Perhaps Woodhouse would care to explain his failures and the likely breaches of EU law?

With this in mind LF is now intending to email every Kiwi elected politician for their information and opinion, we’ll of course be following that up with a complete file copy, delivered by post, evidence that the legal hi-jinks of Mr Blomfield are merely designed to thwart LF’s reporting of the truth.

Remember LF has been following this story for many years, we’ve been posting, providing damning evidence for years, but not a peep from Blomfield until LF published damning evidence of a ten million dollar fraud, an email written by Warren Powell himself admitting to likely criminal offending and his part in it. A fraud that has implicated New Zealand’s largest newspaper, the New Zealand Herald and at least three of it’s most senior journalists, David Fisher, Matt Nippert and Bevan Hurley.

Would Kiwi barrister Andrew Gilchrist like to supply all of the documents now? How about Blomfield’s affidavit in support of this bullshit application?

Warren Powell has already posted a comment admitting that the email is his, that he did write it many years ago:

Retired in Whistler • October 5, 2016 at 11:13 pm

Hey LF, hey Matt, look like Matt you are still getting a full beating by these guys and rightly so. Cam pulled out, but after this Colin Craig thing i think Matt you are well fucked now

How is your brother Matt? Out of jail yet for beating up a women and 2 little kids?

Matt the Greed board was YOUR idea, as was driving past the schools of the Hotchin kids, to not only embarrass Mark Hotchin, but also to hurt his kids at school in front of their kids. “Fuck them” is what you said, and “those little cunts at private schools fuck them” Remember Matt that is YOUR Subaru Wagon towing the trailer, and it was YOU MATT that was driving.

Yes outside the mansion was pretty funny – but the kids schools!! I know Matt you attacked Mark Springs marriage and you even had the nerve to call his bitch ex wife and tell her that you could help her out to wreck his chances at having his kids. Matt you don’t deserve your kids, your wife is an ex stripper / hooker – are those kids even yours? The thought of kids you have fathered being in this world is just sick – just like you.

Matt i left NZ because of you, and i see from the text message that you tried to make Mark Spring leave to. I guess he is not scared of you at all, and as time has rolled on, Matt you are the one who now has all his chickens coming home to roost.

LF, you really hurt me personally with the release of that email i wrote some time back – its causing me all sorts of stress, but thats the way it goes – but make sure Matt gets away with nothing.

For readers who haven’t had the opportunity to read Powell’s email, supplied to LF by Powell, following a telephone interview with him only a matter of days after LFs first post on Blomfield’s abuse of process efforts to obtain the names of Slaters sources, we’ve again published it below:

Without Prejudice

No doubt you will read this and set out to destroy me, the same way Hell destroyed the likes of Paul Hinton, the same way Hell is destroying Steve Willis, so Hell can proﬁt while others are devastated.

The fact is you have both contributed greatly to my position and I am by far not the only person your Greed and arrogance has effected. So one would think you had no skeletons in the closest, that you abided by the law that you were not being protected by people such as myself. I repeat, I do not think of myself as blame free in anyway, quite the opposite. However it would be nice to put things write as far as I/we can. Be nice if you read this and change the way you think, change the way you do things, change the way you look at yourselves and start to take care of your staff and people in general.

I hope you read this, stop what you are doing and reﬂect but I suspect the arrogance, greed and desire to always win will dominate your thinking. I suspect you will simply focus on me, but thats ok, thats what you have done all along, looked for scape goats for your actions, nothing ventured, nothing gained.

I have been asked time and time again by many people about many of the things below and have protected you in every instance, in fact many people have protected you. Why I have protected you is getting harder and harder for me to understand but I aware that Stuart has a adopted child and wants or wanted to adopted another.

Stuarts drug participation would most likely effect his current and future adoption prospects. Plus I am very aware of the effect the information (which are facts that I can back up with emails, recordings, video and texts) below would have on the Franchisees, you two personally, your families not to mention the staff.

I know how it would effect you two personally as I and my family have been through it thanks to Matt B and the way you two, especially Callum acted. But Stuart your vindictive behavior and greed is only matched by Matt B. But then I go over the effect Hell has had on peoples lives and you have to wonder how Hell can continue to act with such disregard for people.

Again I hope you stop and look at things, not just dismiss everything but thats up to you, no doubt your greed for money and quest to blame others will dominate your thoughts. For me the truth is that Matt B in his mis-guided way may have been a blessing . You would hope Callums motives in assisting Matt get me out were pure and Hell would change the way Hell interacts with suppliers, staff and the community. Instead things have not changed and the corrosive culture of Hell and disregard for Franchisees, the staff and the community continue and have got worse.

Greed, power, arrogance and a desire to win over everything else continues. What is written below makes it even harder for me to understand why you had so much enjoy recently (during the “Directors Meeting”)in asking if I had been interviewed by the police (your source has said so) on a matter that you would not disclose. Stuart your voice was suddenly excited and the pace of your speech increased, you you were happy that I may have police issues and happy that things may be bad for me. No doubt any Police issue would have had you or Callums involvement and involve Matt Blomfield.

Why would you be happy at someones else misery is a mystery and hard for me to comprehend. Especially with what you have kept hidden yourselves. Especially since the misery you have heaped on me and many others is ample and you have misused people and information to achieve your ends. I asked you why you cared if I was interviewed by the Police and what it had to do with you? Stuart you replied that you cared if I was interviewed by police as it may damage the brand and that I was a danger to the brand as a consequence.

As such I written the words below, you judge if I am the only danger to the brand, I never did drugs with suppliers and staff, I never started the “cock” fettish Hell has? I have not continued on the culture in Hell that treats Franchisees and staff with distain, greed and hate. Why didn’t you go on Facebook at the very least and say the SFO had not opened a investigation into Hell?

Because the SFO said they had sent some stuff to the Police and IRD? Or was it because it helped to some degree clear my name and you simply got it wrong? Why Stu when you sent me the SFO ﬁnding didn’t you say you were happy for me or anything? Because you simply wanted me dragged through the mud, thats why. But Stu and Callum, read below, you are far far from the saints you have made up in your own minds and I may not be as big a villain as you make out. For one, I did not sit in the ofﬁce and do drugs, I did not insist on not disclosing to the IRD the cash taken from the business and I do not continue to act with a disregard for the people Hell has and continues to hurt.

When anyone challenges you they are ranting, misguided, have a poor memory, become the target of your anger (demonstrated through emails that attack the person as much as the subject) and have a warped sense of reality, history or the facts. You set out to distrory them, similar to what Matt B does, the only difference being that you feel you keep on the right side of the law. But the culture in Hell is unexceptable.

You should note that I have not got involved in your personal attacks and have refrained from responded to your attacks. I have plenty of evidence on what is below Drugs Culture FACT – Stuart you did P (methamphetamine) in the ofﬁce, with suppliers in front of Staff. How you deem this to be ok and the position you put staff in is hard to understand. – But before you did P in the ofﬁce you did drugs at the Big Day out and at my house with Franchisees after the Big Day out. – Before this you did drugs with Franchisees and Franchisees Staff at the Dominon Road Halloween Party. – You also did drugs at the opening of the Palmerston North store with the Palmerston North Franchisee – the list is endless But what was the effect on others?

A male Staff Member of Hell Franchising Limited took a young girl from a shop in Auckland to another out of Auckland to help the other shop owner out. The male staff member and the young girl employee stayed the night at the out of town store owners house. Drugs were taken including the date rape drug. The staff member eventually resigned to protect the brand. Was the staff member wrong, of course they were but they also acted in a manner that reﬂected the culture you created, in fact the staff member on several occasions did drugs with both you and Callum!

The Staff member protected you two and the Franchisees. Callum – you did and continue to do drugs with staff, suppliers and franchisees! – you have a drug couch set up in your garage where you do your drugs. – you arguably you have a bigger drug problem than Stuart and if you were stopped by the Police right now you would have drugs on you or in the car. Note please, a Police stop would have been easy to organize but again, you have been protected by people such as myself, that after your behavior owe you no loyalty and Callum, you worked with Matt and Bevan to achieve your end of getting me out so why I have not had you stopped and searched by the Police should show you I and not such a rightish jerk as yourself.

But more importantly, has the Hell drug culture Changed? No Just after, on the same day, as you did the Rape Crises Course in Wellington (see section latter on for the truth behind this) you had a Staff Team building exercise at Stuarts holiday house. During the overnight Team Building exercise both Stuart and Callum handed drugs to the staff. ALL Wellington employees participated which shows the drug culture in the Welligton Hell ofﬁce is strong and well. So who did the drugs, the new GM, Jason Buckely, Stuart McMullin, Callum Davis, Tony Nixon and at least 1 Franchisee and Supplier. Drugs were offered and handed to other staff who refused them.

Notitably the Supplier was the same supplier that you say you “reprimand” for posting the “cock in mouth” confession on the Hell Facebook page. More about rape crises and the sexualy ignorant culture in Hell latter. But here is what was written “I once was at a party and saw this utter wanker, he passed out so I put a mask on and stuck my cock and balls into his mouth til he woke up. To this day he still has no idea who it was, and gets shit for it all the time.” so how seriously were you taking the “mistake” and how does doing drugs with and in front of the supplier that thought the above was ok to put on the Hell Pizza Facebook page show your distain and disappointment in the original post?

How is it ok to do drugs in front of staff and suppliers, especially staff that are not interested in drugs, which the entire Auckland ofﬁce was not?

Why did all the Wellington and Lower North Island employees do the drugs? Because they felt pair pressure? Why is this ok?

Why should a sober, drug free employee have to intervene and drive themselves and others to the Airport to stop Callum Davis driving under the inﬂuence?

On driving under the inﬂuence, Callum you were very very drunk when you decided to drive from Palmerston North to Wellington when your wife went into labor.

Callum you may wish to ask Stuart if he has ever sent texts and/or written emails saying you are doing too many drugs?

Culture of Sexual Innaportoratness

So was the post below a surprise or was it part of the Hell Culture “I once was at a party and saw this utter wanker, he passed out so I put a mask on and stuck my cock and balls into his mouth til he woke up. To this day he still has no idea who it was, and gets shit for it all the time.”

Stuart and Callum, you have been hung up (no pun intended) on penis’s from before your ﬁrst Hell Shop. In fact – you have designed a penis (cock) into the Hell wallpaper that hangs in several stores, you have pride in pointing the penis out to people/ – you drew penis’s (cocks) on the back of each others credit cards every time you have gotten the chance and had a great laugh at doing so. – you have taken peoples, including Franchisees, dairyers and drawn pens is on random pages so that when they ﬂict to that page sometime in the future there it is, a huge penis looking back at them.

So, the question is, with such a culture who really put the post above on Facebook? Was the supplier asked to take the “fall” for you? I was asked to take the fall for Kids Can (see below).

Why would you “reward” the supplier that you say posted the cock comment about with a night at Stuarts holiday batch with the rest of the Hell staff and do drugs with them?

Or was your heart felt opology to the public of New Zealand not so heart felt?

Hey everyone, tonight we posted a fan’s confession seeing it in the spirit of a prank between mates. Once we understood that offence had been taken and saw the bad light the post could be seen in we removed it, and we apologise to those offended. Lesson learned.

Who was really behind the post? Both of you are obused with cocks and drawing them everywhere?

When I googled Hell Pizza very recently the rape crises story came up ﬁrst, and yet during the “Directors” Meeting I was told I was a threat to HSL due to potential bad publicity?

http://www.nzherald.co.nz/business/news/article.cfm?c_id=3&objectid=10827353

Strip Joints with Franchisees

Is it right to take a bunch of Franchisees, mostly male, probably 100% male to a strip joint during the Hell Franchisee Conference? Well you two did so. What message does this say to franchisees? What message did it send Callum when you went “up-stairs” in the strip club for extra services? Since you are married Callum what message does this send on loyalty?

So we see two people who have taken the wrap for you, are there any more.

I was very surprised at the glee expressed by Stuart when he called asked during the “Directors” Meeting if I was under investigation by the Police and that he wished to know as it would effect the

brand as the drug issue alone is of considerable concern. The cock fettish, rape crisis and Kidscan of equal concern and the general culture in the Hell Ofﬁce perhaps of the most concern.

Kids Can

Stuart you asked me, Warren Powell to jump on the sword. Which like the two above I did. Callum, you defend Stuart on his involvement / non involvement in the Kidscan issue saying Stuart was overseas but how does that make me responsible when the project was handed to Stuart and Matt? Stuart is the one emailed continually by Kidscan.

I should say at the outset that I am not pleased with the comments I made that became public and I will not for one second endeavor to justify the unjustiﬁable.

However surely you Stuart also have some blame to accept, as you are well aware. Stuart it does not matter if you went overseas or not Jan from Kidcan was dealing directly with you, emailing you directly. I asked you to handle the project with Matt.

You were in fact the one that was CCD on the emails, not me. You were the one that was meant to know what was going on and it was you that was meant to oversea Matt B and ensure all aspects of the contract was understood.

When nobody knew what was going on because you Stuart did not get a contract you passed it to me to sort out but did not pass on to me the email exchanges between you, Matt and Jan. I do not defend my reaction or the words I used internally that became public however if you had done your job, told me the terms of the agreement between Hell and Kidscan then it would never have happened.

Even though the “contract” was the responsibility of Stuart and the emails prove I did not agree to 10,000 I am the one targeted in the articles and still on http://en.wikipedia.org/wiki/Hell_Pizza. The fact is Stuart was responsible and Stuart allowed the false reporting in the Herald on Sunday and should ask for a amendment. In Stuarts words, “jump on the sword” this is what the people want!

Again, like the staff member that resigned after doing the date rape drug and staying the night with a Franchisees Staff member, like the social media company that thought it ok to talk about cocks in the mouth of a drunk person and post it on the Hell Facebook page someone else took the fall while you act like you are blameless.

The 3 biggest community charity events HRL has done are

– 1; HELLP Christchurch, Director who came up with it and implemented it, Warren Powell, this was the biggest Charity event and the most money ever donated by Hell

– 2; Make A Wish Foundation, Director who came up with it and implemented it, Warren Powell, this was the second biggest Charity Event and second largest amount ever donated by Hell

– 3; The Kids Special Christmas Party (a Christmas Party for handicapped / underprevillaged children), Director who came up with it and implemented it, Warren Powell, this was the third biggest and third highest amount Hell ever gave to charity!

It is notable that Callum Davis and Stuart McMullin refused to support the Kids Special Christmas Party once Warren resigned. Callum Davis and Stuart McMullin also refused to pay of the gifts/toys Director Warren Powell purchased for the Auckland staffs children at Christmas time with the explanation “we do not even spend that much on our kids!” (well these kids do not have dads like Stuart and Callum that make hundreds and hundreds of thousands of dollars a year).

But yet Stuart was happy to have Warren Powell take the wrap / blame for Kidscam saying that this is what the people wanted”. In fact Stuart asked Warren to jump on the sword as this is what he people wanted. Warren did. Strangely, when the truth came out on Whaleoil Stuart got all upset claiming breach of Conﬁdentuality, pretty rich considering the harm that Stuart and Callum allowed and contributed to that effected Warren Powell with all the negateive media targeting him.

But for the Public perception is the truth, where there is little information people look to the media to ﬁll it in, and stu and callum saying nothing and callum saying lots makes up peoples perception and make their own assumptions. Matt Blomﬁeld

Matt Blomﬁeld has a vendetta against me. Why when I actually tried to help him I do not know but I guess he is similar to you two, no loyalty.

But lets look at it.

WE used Matt, we have NEVER let a untrained prospect buy a shop let along 5 shops. But we allowed Matt to do us. Why?

Because James Tucker had taken legal action against HFL and the legal action threatened the sale by us of HFL to TPF. James owned the rights to the North Shore and we had not disclosed the agreement between James Tucker and HFL to TPF . TPF wanted to renegade the sale price.

So we allowed Matt Blomﬁeld to buy James Tuckers 5 shops and in so doing terminating the contract between HFL and James Tucker. We gave Matt 1/2 of the resale fees as a sweetener and we gave references for Matt to the banks.

We have NEVER – Allowed a untrained prospect to buy a shop let alone multiple shops, let alone 5 shops! The reason being that we knew the chances of success of multiple ownership were greatly reduced and insisted that established Franchisee build up one shop, prove themselves before being approved for another shop.

– gave part of our resale back to anyone

i.e., we set the wheels rolling when we knew better for Matt to fail and in so doing losing everything. As we all know Matt did fail so how did we act?

We purchased Hell back from TPF for around 1/3 of the original price we sold it to TPF for. Part of the reason of course was that when Matt failed 6 shops failed and so 10% of TPFs Top line sales were gone and a HUGE percentage of TPFs proﬁt. It also sent a message to the market that Hell could fail and negative momentum was suddenly the norm. The press lapped it up.

Part 2 and 3

We of course got a discounted price in buying Hell back, we used Matt but then what did we do?

To rub it in we purchased the assets of Matts shops from Matt and reopened some of the shops. We got the assets cheap, the price determined by Stuart and we made money of selling the assets to others and reopening where we could. In fact if you add it up HFL and HRL made great money out of Matts down fall, not once but twice. I with the blessing of Stu and agreement of Callum employed Matt back as I felt we owed Matt something, and we of course did. When Matt couldn’t keep aﬂoat and went bankrupt he went after me. Then both of you, especially Callum, used Matt again, this time to get rid of me. But the fact is both of you had great knowledge and were involved in every decision involving Matt. In fact Stuart you were head Demon at all times.

Further proof of how we used Matt is that Mark from Kohi recently had a offer from a current trained Franchisee for his shop. HRL rejected the sale due to the Franchiusee not having the skills and experience. Or maybe it was because I have a huge amount of money in Hell Kohi?

We were greedy but you two sure managed to use Matt one more time to your advantage.

Terminations HRL terminated the following stores

Hell Puki Hell Kandarlea Hell Balmoral (told he had to take the HRL offer of 50k or be terminated)

HRL then sold all areas and the assets of two of the shops to friends of the Directors giving the friends a cheap franchise, leaving the terminated Franchisees, their Families and creditors out of pocket, devastating their lives and making a proﬁt for HRL.

In fact all 3 shops went to staff of Hell.

Obortion / Miscarage

It was during the termination of Hell Kandarlea (where HRL issued a illegal Trespass notice) that Callum Davis was exchanging emails with Matt Blomﬁeld calling the exercise Operation Obortion. Callum latter claimed on TV that he was NOT referring to the yet to be born baby of the Franchisee but that he was referring to the shop as a Obortion. However the facts differ with Callum and Matt referring to the terminateion as Operation Miscarage.

The Obortion / Miscarage comments show the culture in the company at the time. That HRL could act in total disregard to anyone else and simply did not care and joked about terminations. The Franchisees were devastated losing their business and parents house.

Hell Kandarlea was quickly sold to Mia who works for Hell. Mia is doing very well out of it. Operation Obortion was Callums operation and Stuart was Head Demon.

The companies culture is reinforced by passwords set by Head ofﬁce to access information like Smeghead666 (which means association of seama), Brownwings and the like.

Hell PUKI

The dispute followed the Franchisee setting up a caravan in competition to HRL’s caravan.

It should be noted that the Franchisee set up the competing caravan only after been forced out of the running of the HRL caravan that he had run successfully for the previous 3 years. The Franchisee had done nearly all the caravan events, stored the caravan, maintained the caravan and had built up the client list and relationships with event organizers that ensured the Hell Caravan got into all the major events such as the Big Day Out.

When HRL purchased Hell back from TPF it took the Caravan off the Franchisee so HRL could make the money itself. HRL insisted that the Franchisee not only hand the Caravan back but give over the event contacts etc.

The Franchisees reaction, after losing a huge amount of his income was to ﬁrst ask what he had done wrong then to set someone else up in a competitive situation to the HRL caravan. Reasonable considering the Franchisee had done very little wrong and had actually been a very very strong supporter of Hell even having Hell Tatooed on his neck.

HRLs reaction was to slowly force the Franchisee out of business. The Franchisee lost his business and his creditors money, the Franchisee went into liquidation losing his mothers money in the process.

HRL set about setting up a company store in the area. When the SFO started to investigate Stuart and Callum got memory loss and the store was set up by a Staff member Steve French.

Steve French was a reluctant participant but had signed the lease. The lease was signed in Steve French’s name so the Directors of HRL could set up Hell Puki, run it and sell it with a Capital Gain that would be free from tax.

Recently Steve French sold Hell Puki, Hell Puki had some of the assets owned by HRL in it to the value of 13,000. Steve French has received the threat of huge interest being applied to the “loan” from HRL if he did not pay the “loan” back with a short period.

The fact is, Steve French had no choice but to open the shop after signing the lease for the Directors of HRL. The fact is, even at 10,000 a week in the ﬁrst year of trading Steve French has made 26,000 in operation fees alone for Stuart and Callum and 26,000 in Marketing Fees. The fact is Retail Food Group made a offer on HRL, if the multiple was say 7 then Steve French added a min of 150,000 to the sale price of HRL. But still HRL wants its 13000 in a short time or HRL will apply a hefty interest rate.

On top of this after the lease was signed by Steve French Callum and Stuart suddenly said they did not agree to be part of Hell Puki and that they had NEVER agreed to it. Howver emails show Callum and Stuart were involved and had even been sent the layout by Steve French for comment and assistance (Callum and Stuart approved all store layouts). Callum and Stuart were also sent the lease and their Wellington Area Manager had visited the site to assist with site approval. So not to see Steve French caught with a lease he could not afford and no business I funded the shop build and loaned the Hell Puki 180,000. All Directors Agreed with the Strategy and Stuart was Head Demon

The Liquidation of HFL

It was agreed by the Directors of HFL after a it became apparent that RWT was payable on the the money distributed by HFL to the partners of the Company to put HFL into Liquidation immediately and try to ignore any RWT issue. Matt Blomfeild knew a “friendly liquidator” John Price. John was approached and agreed to turn a “blind” eye to the RWT issue.

Warren Powell had a different structure to how his shares were held that meant any RWT he had to pay could be offset but as loyalty to Stuart and Callum agreed with Stuart and Callum to go along with the liquidation of the company. Warren paid John Price 10,000 in cash, Stuart and Callum agreed to pay Warren their share of the 10,000, to date, many years latter I is still waiting to be paid back by Stuart and Callum. The emails where Stu and Callum agree to the paying me there share of the 10,000 are telling in two respect, the fact that they have not paid and the fact that they set out to defraud the IRD.

The HFL RWT issue was blamed on PWC who at the same time were working for Warren Stuart and Callum to buy Hell back from TPF. As a consequence PWC were dropped from the sale process at the 11th hour in effect depriving PWC from the sale fee payable.

However I have recently seen several emails from Callum Davis that mention the RWT issue, this in effect means PWC were unfairly dismissed creating great stress for Karl Dwight who had just made Partner at PWC and who had sold Hell to TPF in the ﬁrst place.

Cash

2 companies were set up to take cash from Hell shops HRL had bought from Liquidators and ran. These companies were called, Hell Hamilton and Hell Albany.

On several occasions Hell help put a “friendly liquidator” in place with the liquidator agreeing to sell the shops or shops assets back to Hell. The Liquidator was John Price, the same Liquidator that the Directors used to Liquidate HFL.

Some of the stores liquidated and the assets bought by HRL were, Hell Airport Oaks, Hell Botany South, several of Matt Blomfeilds shops, Hell Rotorua (and more).

On several occasions HRL bought the Liquidated shops assets, took over the Liquidated shops leases and on sold the Liquidated shops at a proﬁt. On several occasions deals were done with the Liquidator before the shops were placed into Liquidation.

Other stores bought from Liquidators were Hell Rotatona, Hell Beerscourt (and more, probably Hell Knadarlea etc). HRL or a associated company made a proﬁt from most.

HRL also took cash from the caravan.

On top of this both Stuart and Callum are aware that their area manager Jason Buckley took cash from his shop so he did not have to pay tax on the income. In fact it was often joked about in the ofﬁce. Not only was the taking of cash by Jason tolerated he is now a area manager advising others. Not surprising since Hell head ofﬁce continued to pay people working in the caravan cash until VERY recently.

In so doing HRL or a company associated with it made money and proﬁted from the purchase of the assets and the reselling of businesses that went into liquidation. No consideration was given to the affairs of the out going Franchisee, the creditors of the out going franchisee.

When Warren Powell said HRL or any associate company (Hell Hamilton and Hell Albany) needed to do a self audit and a voluntary disclosure to the IRD Stuart said no and refused. A voluntary disclosure would mean reduced penalties and no criminal proceedings.

BAD PUBLICITY

I was asked to leave, “do the right thing” by the Franchisees due to a series of articles that appeared in the Herald on Sunday. The articles were written by Beavan Hurely and the information was provided by Mr Matthew Blomﬁeld.

According to Callum Davis Matt Blomﬁeld called Callum up and said the articles would not stop until I resigned.

I suggested alternatives to resigning such as giving the Franchisees a fee holiday but neither Stu or Callum replied to me.

The shame is, as can be seen above it seems I was treated very unfairly as story after story could be run on Stuart and Callum and the Head Ofﬁce and Culture of Hell in general. In fact the main story that effected the brand was the KidsCan story and the evidence suggests this was Stuart McMullins project not mine.

Lots of pressure was applied by Stuart and Callum with Stuart sending emails saying he had just done a speech to a group of people and that one of the questions was around KidsCan. According to Stuart the person said they would have ﬁred me for what I had said/written.

At the same time Stuart was preparing and printed 10,000 copies of a book called Blackmail. The Blackmail book is in fact a book about funny emails sent to Hell (mainly me as i was in charge of marketing during most of Hells memorable Marketimng initiatives) in regards to Hell’s Marketing and Hell’s replies, 80% of which were mine. So in effect Stuart was ﬁne when it suited for me to be blunt and frank but would not stick by me when things got tough.

In fact Stuart even sent a email about how his fanily had been effected and how embarrassing it was to be part of Hell during this period.

Callum Davis keep the pressure on and offered me 2 million to leave, “do the right thing”. I replied that I was happy to buy him out for 2 million. Callum agreed to sell to me for 2 million. Stuart then said if Callum goes I go (Stuart), so I agreed to buy Stuart out for 2 million. Callimg there bluff Stuart then sent a aggressive email asking who made me (Warren) king and that 1/2 the franchisee would leave and with draw his offer. I had fact secured ﬁnance from the BNZ and was ready to complete the transaction.

After hearing that Matt Blomﬁeld would continue to run stories and continuing to receive no support and receive pressure from Callum and Stuart I agreed reluctantly to sell.

I on 2 occasions sent emails that had the company valued at between 10 and 15 million so my share would be considerably higher than the 2.5 million plus 1/3 of proﬁt to 1 Nov. They also took my Shareholders account that owed me well in excess of 400,000, probably 700 – 1 million!

As it turns out Callum Davis had been in communication with Matt Blomﬁeld from before the stories were run and had prior knowledge of what Matt Blomﬁled went to the SFO with. Callum NEVER passed on the information to me. The SFO found NO SUBSTANCE to the inititial complaint but Matt used it as a way to get his stories into the papers.

Callum Davis was asked by myself, the Hell PR person (Greg Ward), Hell’s lawyer and Stuart McMullin not to speak to both Matt and Beavan Hurely but Callum Davis kept talking to them and was quoted in several Herald on Sunday reports.

When the SFO sent the letter to Hell that NO INVESTIGATION was going to be launched I asked that Hell do a Media release as the SFO story which appeared in all the articles that Matt Blomﬁeld and Beavan Hurley had run the Herald on Sunday had greatly effected my reputation.

Hell did not even inform people on their FaceBook page that the the SFO were not even going to open a investigation! I assume the reason is that both Stuart and Callum thought I had done something Matt had said to Callum and since ether had used this as the catalyst to push me out and the reason they applied the pressure to get a rediculasly low price they had egg on their face.

Or it may have been that the SFO said in their letter that they had sent some minor things to the Police and IRD. Maybe the minor things are listed above, cash from companies owned by Hell, cash from the caravan and Stuart and Callums drug addiction.

Why would Callum and Stuart want me out?

In the time we had Hell back Callum as the Director in charge of product introduced many initiatives,

Uncle Tony’s Kids Menu Changed the Chicken Supplier did $1 pizzas that created huge issues for Franchisees and even though Franchisees and his fellow Directors were against it did $1 dollar pizzas several more times and many more

After giving them a chance and seeing they were failing i asked Callum to review his initiatives, he refused. After I left Callum did everything I had requested and that he had refused to do while I was there. In fact only 1 new product that Callum launched remains on the menu.

Kids Menu gone, Uncle Tony;s changed to being marketed as a thin base, the Chicken Supplier changed back to Tegal.

The same applied to the Marketing natives I tried to launch, Callum blocked 13 dollar Friday the 13th Pizzas, 13 dollar Pizzas on Helloween. As soon as I left Hell dropped Callum’s friday the 13th free coke with every double pizza order and did 13 dollar pizzas. It was a huge success with Hell running a story that it was their biggest day ever!

In fact Hell has recently even launched Super Gournet which I had been promoting for a long time along with removing the Uncle Tony’s brand, kids meals ect.

I also had to continual request the review of the meats, apart from providing Callum with better meats at much lower prices Callum refused to budge. The meats were going green, the meats had to be recalled often as they had plastic in them. Franchisee after Franchisee complained to Callum and they ﬁnally gave up as did I. Even Stuart mcMullin companied and complained about the meats but Callum dug his feet in.

The same occurred with Kids Meals and the chicken, when both these were shown to be bad natives.

that would cost Franchisees money Callum refused to change back to Tegal Chicken or drop kids meals. He has done both now. In fact Hell has largely followed my Marketing Strategy even claiming the use of the Worlds Hottest sauce as the brain child of Stuart and Callum. The fact is I ordered the sauce and I briefed the Marketing Agency before I was pushed out.

In fact Hell Pizza has been built on many frauds, Callum won Marketer of the Year but Matt Blomﬁeld wrote the proposal and was so involved he knew before the awards were announced that Hell had won, in fact another company that Matt was closely involved in Fatso also achieved a high award. The Judge, Mr Beatson has known Matt 20 years and has been given many paid projects by Matt. The racest billboard that was passed off as the brain child of a Uni Student that coped lots of media and ﬂak for being raciest “at least our Brownee wouldn’t eat their pet Dog” was in fact created internally and the racest element debated internally prior to its release. It was thought that since we had just purchased Hell back from TPF we needed to make a statement, create noise and get attention. We did, when things heated up we used a Student to take the creative credit for it. The billboard got TV coverage and a protest march was organized from Queen Street to the Quay Street Hell shop. I guess it is like the cock in the mouth Facebook post, the inappropriate behavior was not a mistake, far from it, it was arrogance and a lack of care.

SO WAS THIS FAIR / LOYALITY

3 or so years after HFL was sold to TPF I (Warren Powell) was offered Hell back. I more than had the funds to purchase the company back outright but due to my loyalty to Stuart and Callum I offered them a 1/3 share.

Callum Davis was still in London and could not come back in time for the takeover so I let him walk into the role on his return.

Both Callum Davis and Stuart did not have the funds to put into the buyback so I put in a further 1.7 million as a loan, 3 times what Stuart and Callum put in plus I put in his share of the companies capital. That is, as loyalty to Stuart and Callum Warren put in 1.7 million dollars more than the other two plus matched their shareholders account. I did this at the same interest rate as the bank gave me for my deposits, no margin was added, the interest rate was considerably lower than the banks business loan rates.

On top of this it should be noted that I, on 3 occasions, by email offered to put callum back in the same positions as before he left to do Hell in London, a venture that cost him some money due to the changing of the exchange rate and callum buying a house in London just before the market crashed. Stuart McMullin NEVER OFFERED, nor did he agree to meet my offer. The offer now of course has lapsed.

When the company paid the loan back early I did not charge penalty interest or anything even though interest rates on my deposits had dropped considerably. As the company paid my loan to it down ﬁrst when Stuart and Callum purchased my shares in HRL I had a substantial Shareholders account that I had to leave in the company.

I showed the same loyalty to Steve French (see above) putting in 180,000 dollars of my money when Stuart and Callum pulled out of Hell Puki after Steve French had signed the lease on their behalf.

As above, Callum repaid my loyalty by opposing most of the Marketing and product initiatives I suggested but implemented them as soon as I was gone. Callum Davis was in communication with Matt leading up to the SFO raid and was commenting to the Herald on Sunday and continued to talk to Matt after I, Hell’s lawyer, Hell’s PR person had asked him not to.

Callum’s computer was stolen a few days before the SFO raid!

NO UNITED FRONT

As soon as the Herald on Sunday started to run stories, mainly unfairly attacking me, for example KidsCam Callum and Stuart would not allow a united front. Rather than going on the front foot Hell apologized to KidsCam etc even though KidsCam had not followed any of the promises they had made. For example there were no live cross overs with the Directors of Hell during the event as promised, there were no Hell pizza boxes on the desks of the presenters, the Cravan that was meant to be out the front where everyone could see it selling pizza was changed to a small stand, in a corner inside. On top of this, Stuart McMullin was the Director who was in charge of KidsCan as the emails from KidsCan clearly show.

Rather than take responsibility Stuart allowed Warren Powell to take the blame saying “this is what the people wanted”.

as soon as I had sold my shares at a unbelievably low price to Stuart and Callum who refused to allow me to get a valuation Stuart and Callum took all trace of my existantce off the the Hell Website. Now the story of Hell has no mention of me. There is no mention of the person that joined them just after they had opened their 4th shop (a feat that took over 7 years) and even though Stuart and Callum had – no ﬁnancials to show prospects – no manuals – no money – no trademarks helped them to 66 shops in the next 3 years and sell to TPF for 12 million. Not to mention allowing Stuart and Callum to buy back in when Hell was offered back to Warren Powell even though they did not have the money to do so (see below). In case you were wondering, Warren has Franchising Experience having been the Country Manager for Burger King, Owned Hire A Hubby and worked as Franchise Manaager in Fletcher Building. in fact Stuart and Callum couldn’t wait to have me removed from the history of Hell and now HSL.

On top of this it should be noted that I, on 3 occasions, by email offered to put callum back in the same positions as before he left to do Hell in London, a venture that cost him some money due to the changing of the exchange rate and callum buying a house in London just before the market crashed. Stuart McMullin NEVER OFFERED, nor did he agree to meet my offer. The offer now of course has lapsed.

REMOVAL AS A DIRECTOR

Recently Stuart and Callum had me illegally removed as a Director of HSL.

The reason for doing so is somewhat unknown but the removal is illegal. Stuart said he and Callum held a Urgent Directors meeting that I was invited too but did not attend.

The Shareholders Agreement requirements for calling a Directors Meeting were not followed. Stuart says he could not contact me. The truth is I was contactable, for something so important through – mobile – the HSL lawyer who had my contact details at all times – the email address I had texted Stuart (I stopped using mywhereisotis@hotmail.com email address as it was receiving media requests and emails by Matt Blomﬁeld (many of the media requests on matters above)) – my lawyer – Hell’s Area Manager Steve French who had my contact details the entire time – Skype – My Parents – by writing to the address where the my company that owns the shares in HSL is listed – by calling person who Stuart and Callum knew was living in my house and who is a friend of Stuarts The list id endless

Stuart also says I have not been available for Directors meetings, I am unsure what meetings have been called? In the 11 years since incorporation we have until last year had no ofﬁcial Directors meetings called, the Shareholders Agreement says we should have a Directors meeting every 3 months, this has NEVER happened.

Stuart says that I am not interested in Hell Sytems Limited. I am unsure what I am meant to be doing? I took over some aspects of renewing / enforcing trademark applications, for example renewing the Hell Pizza Trademarks for the United States (as requested by Stuart). As soon as I submitted a IP lawyers invoice who gave me advice on the best way forward Stuart sent me a email saying he would pay it this once but never again. I have often traveled to meet Master Franchisees at my expense, in particular Australia and Canada and recently the United Kingdom. On EVERY occasion I have paid my own way even though I have given up a considerable amount of my time and on several occasions I had no other business in those countries. Just before the Canadian Master was to open his second shop Stuart sent me a email saying he would not pay any of my expenses travel, strange since i never claimed anyway.

On top of this I have kept in regular contact with several Master Franchise Owners and I have requested that Stuart and Callum keep me informed about HSL business ccing me on communication. I have not received anything. Stuart McMullin has also sent several emails (going back a year or more) saying “our partnership was over” and that they refused to work with me

As such it is hard to see where I am falling short, I am not allowed to travel, not allowed to spend any money in the normal course of business and not allowed to receive any information.

As a example of not being sent information, I recently requested the email from the Korean Master who Stuart says has asked for their deposit back and since the Korean Master who is a very wealthy man owes HSL money the Lawyers opinion on the matter. I have not seen or been sent either.

The fact is I am overseas earning no money BECAUSE Stuart and Callum allowed me to take the blame for everything, Callum worked with Matt and Beavan Hurely giving Beavan quotes to put into the herald on Sunday. By objecting to my expenses, by snugly asking if I have been or are under investigation by the police. By taking me of the Hell website and history of Hell as if I had never existed

I asked, before the Directors Meeting I skyped into for a complete list of agenda items and a complete list of Resolutions and back ground information so I could be prepared before the meeting. No list or information was received. Just a basic outline! During the Directors meeting (that we do not believe followed the Shaerholders Agreement in calling the meeting) many Resolutions were put forwarded and voted on by Stuart and Callum, I had no prior knowledge of these resolutions or the background to them. Stuart said these resolutions etc were normal for a Directors meeting and they maybe if we had conducted Directors meetings every 3 months as per the Shareholders Agreement. One of the resolutions was to change lawyers from the lawyer HSL was using as it was the same lawyer that did the HRL (and use to be my personal lawyer so conﬂicts of interest everywhere). Stuart has conﬁrmed that McMahon Butterworth Thompson have been terminated as the HSL lawyers but on the companies ofﬁce they are still the register ofﬁce? Seems like a exercise to keep control.

I have had to recently send a email to the Companies ofﬁce, through my Lawyer to get my removal as a Director by Stuart reversed. In fact I have had to spend a considerable amount of time on ﬁverlas issues with my lawyer responding to actions and no actions by Stuart and Callum.

HSL Liquidation

Prior to Mediation Stuart sent a email saying in effect Mediation was a formality that needed to be followed in the process of liquidating the company.

Stuart also sent a email asking if I would sell my shares, I said yes as long as any offer by Stuart and Callum was reversible, no offer has been received.

Stuart and Callum are refusing to put Capital into the HSL and refusing a loan from me. They are effectively running the company out of money to liquidate it so they can buy HSL back at a low price. In fact when, as per the Shareholders Agreement I asked that HSL pay my travel expenses so I could attend the Directors meeting in person Stuart emailed that I was being irresponsible and that the company had no money and would be trading insolently. Then during the ﬁrst Mediation call Stuart offered that HSL pay the mediation deposit of 7500 plus gst??

The fact is that I stayed in HSL as I saw value in it. Value that is, I believe, being purposely eroded by Stuart and Callum so that any valuation and subsequent liquidation has a low value associated with it basically giving the company to them.

Some of the ways Stuart is reducing the value of HSL is by refusing Canada another shop unless they pay certain fees and amounts owed to HSL and Stuart and Callum’s company HRL and come up with a payment plan for the rest. In contrast in London Stuart has allowed the opening of another store when a location is sorted and lease signed even though London also owe HSL money, the reason being that Stuart has a Shareholding in the London operation outside of the Master Agreement. Stuart and Callum also know that I have lent the Candanin Master several hundred thousand dollars to keep them aﬂoat. The loan is without condition but when the Master asked Stuart if I could take a Shareholding in his Company Stuart said no, that there was a conﬂict of interest? What conﬂict could possibly exist? Surely no conﬂict more than terminating Franchise Agreements in New Zealand, buying the assets cheap and selling the business to your friends and employee??

Trying to run down the value of HSL and paint a bleak picture Stuart recently sent a email saying all the London stores were closed or closing. However he did not say that the Franchisee was in discussions and likely to open a new store in London with a short period of time. I found out about the opening when I visited the Franchisee in London and found out that not only had Stuart approved the new shop but had approved a new menu.

Interesting all Directors need to approve a new store and any shareholding. Even though Stuart did not approve Canada (who has become a friend of mine) I have not stopped the opening of a new store in London as to stop it, like stopping the new store in Canada would be brand damaging. In fact if the Canadian store does not open the Master Franchisee will be bankrupt and return to New Zealand losing all there money. It is a shame that Stuart and Callum use people to meet their ends rather than put people and the brand ﬁrst (see Puki, Paul Hinton, Kandarlea, Matt Blomﬁeld above).

With holding of information and getting the run around are all part of Stuart and Callums Strategy.

In case the guys are interested, Mike Hird (the ex Master in Australia) has had his cancer return, he is back in demo but hoping to beat it. Steve Willis is still battling along, looking at reducing the menu to get some efﬁciencies and wondering whats next for him since he is not allowed to open another shop. I talked to Steve twice last week, helped him write adverts, helped him respond to prospects.

RETAIL FOOD GROUP

WHY I STAYED IN HSL AND ALLOWED THE EXIT FROM HRL

as soon as i was out the niceness stopped, I emailed Stuart and Callum saying I had some great ideas for Hell Pizza in New Zealand and could I be paid for them if they used them. They refused, they were cutting off my entire income, ensuring by not standing by me that I had no future in new zealand Callum was so close to the situation Matthew Blomﬁeld told Callum about the agreement Matt had with the Herald on Sunday. The Herald on Sunday, according to Callum had agreed NEVER to print Matthews name and allowed Matthew to read each article before it came out. The extent of Callums knowledge would be amazing. I did not want to believe it at the time but it i now think Callum was right into it.

Restraint of trade and business def change

Add my idea was for Misery to do the boxes and art and Gordon Ramsey to do the menu for super gourmet, stu and callum allowed the vacuum of info on kids cam etc so people turned to the media

add that i am going to return to the speakers circuit and i will handle these issues as i see ﬁt, yet to decide what form that takes …. i also need to get a new job so i will address the media issues as i see ﬁt …. that i have left nzd to avoid the media, questions etc

LF has therefore formed the view that the New Zealand Herald and or the journalists we’ve named may in fact now be involved with this latest attempt to prevent the truth surfacing. That the New Zealand Herald may have financed or in other ways assisted Blomfield in filing his latest spurious exparte proceedings.

For readers who have had the opportunity to read Powell’s email (above), supplied to LF by Powell, following a telephone interview with him only a matter of days after LFs first post on Blomfield’s abuse of process efforts to obtain the names of Slater’s sources, it will provide insight into whats at stake; millions of dollars!

LF has, at the moment, to do nothing but sit back and watch the New Zealand Courts engage in thoroughly corrupt legal practice, completely in want of jursdiction, breaching a number of EU laws in the process.

New Zealand Herald Journo David “jam Jar” Fisher

Remember readers, this so-called court judgement is a scam, service was not effected in accordance with New Zealand’s own laws. And as aforesaid it also likely breaches EU laws and treaties protecting residents whistle-blowers and journalists privacy.

Remember if these posts disappear then the New Zealand Court, for want of jurisdiction, has broken international law and convention, as will have Kiwi Barrister Andrew Gilchrist.

Team LF are currently working tirelessly on our new site www.laudafinem.org, which will replace www.laudafinem.com in the event that any of its published posts are unlawfully removed.

Rest assured, in time, team LF will seek legal redress, criminal and civil, for this bullshit Kiwi courts abuse of power!

New Zealand Court Breaches EU Privacy, Data, Journalist and Whistle-blower Protection Laws

Share this:

Like this: