Delta #EpicFail —Epic Fraud #9 : The Long & Winding Road…. Leads Back to Delta’s Door

Updated post – emails added below
Fri, 29 Jul 2016 at 2:20 p.m.

Received from Christchurch Driver [CD]
Fri, 29 Jul 2016 at 2:01 a.m.

Dear Readers

It has been a week of action around the ill-fated Noble Subdivision. Fill the teapot and hang on to your hat…er, tea cosy.

The week started with what appeared to be a lucky break for Delta. Judge Osborne, inexplicably, and against the predictions of your correspondent, found in favour of Delta. (Actually Gold Band, but we all now know of course that Delta have a very special relationship with Gold Band that involves whips and chains of a sort, and even legal blindfolds —Delta most definitely wear the security sharing trousers). Judge Osborne will not allow a stay on the mortgagee sale, which allows the property to be sold ahead of the Court of Appeal case where the landowners will set out their case that Delta have engaged in constructive fraud.

Your correspondent will return to the many, many puzzling aspects of the decision in a future post, but first the breaking news :

Any comfort Mr Smillie, Mr Cameron, and the assorted Delta hangers on directors and executives may have felt will be very short lived as it turns out that this defeat is actually a Good Thing as far as the plaintiffs are concerned. It means that instead of pursuing a small finance company (with its strings being pulled by Delta), Delta and the DCC are now the primary target. Further, now that the losses to the landowners are crystallised if the sale proceeds, which is the avowed intention of Gold Band, the claims may well be much bigger.

The “legal” explanation is as follows…. It’s musical chairs – the last man/entity standing at the end of the day cops the lot.

A similar example that has cost councils large sums, including our DCC, are claims for leaky buildings : The vast majority of claims are against the local authorities who merely inspected the work, they did not build it or design it – but when the developer doesn’t exist, the architect and builders have “re-structured” to prevent claims, and the painter, plasterer and roofer have no money, then councils get landed with the claims. The QLDC have a never ending series of these sorts of claims and they mostly involve millions. (They have at least two on at present).

Tonight, all DCC Councillors received an email from the landowners explaining that yes, the DCC and Delta are going to be taken to Court for the constructive fraud, and giving several examples of the constructive fraud. They then set out the small matter of the approximate $14-17million loss that Delta have already advised the Council they expect to lose – and why this doesn’t have to be the case. There is pain from both sides of this financial double-edged sword – the expected loss, and the court action. However, far from being Noble-like aggressive litigants, the landowners have proposed that the DCC works with them to maximise their return.

The email is reproduced below.

The logic appears compelling – but what Councillors, other than Vandervis and Calvert, have the character and integrity to get to the bottom of the matter, and acknowledge that there have been some illegal acts committed at Noble by Delta and its agents. Perhaps Cr Peat could do something useful or even visible as his parting gift to the city, because his self-serving valedictory address in the ODT recently was the first time Dunedin Ratepayers had actually heard of him.

What Councillors have the intestinal fortitude to look the sorry band of Delta and DCHL Directors in the eye and say to them— “If any of the allegations in this email are true then you have no business or future with ANY DCC or associated entity and we expect your resignation in the morning ?”  

If your correspondent sounds disgruntled, he is : It is election season, and there are no votes to be had in this matter. Vague platitudes (the preferred modus operandi of many Councillors) are also of no help. Are our Councillors going to shrug off an attack of the turnips and do something ?

What price and what probability, is there for integrity here, readers ?

[click to enlarge]

Email from Colin Stokes [plaintiff] to DCC Thu, 28 July 2016 at 7.59 pm - copied

Attachment: 2016 07 28 s102 Stokes Smith Gold Band_Delta_DCC

****

Additional emails received today:

Emails from Colin Stokes [plaintiff] to DCC and others Fri, 29 July 2016 at 9.17 am - copied

Attachment: Fourth amended statement of claim joining GB and Delta

█ For more, enter the terms *delta*, *noble* or *epic fraud* in the search box at right.

Posted by Elizabeth Kerr

Election Year. This post is offered in the public interest.

20 Comments

Filed under Business, Construction, DCC, DCHL, Delta, Democracy, Design, Dunedin, Economics, Events, Finance, Geography, Housing, Infrastructure, Media, Name, New Zealand, OAG, Ombudsman, People, Politics, Project management, Property, Public interest, Resource management, Site, Town planning, Transportation, Travesty, Urban design

Truthful Letters : Stadium + DCC #toobadaboutmayoralreply

ODT 27.7.16 (page 12)

ODT 27.7.16 Letters to editor Oaten Whiley p12 (1)

[click to enlarge]

DEPLORABLE MULTIPLIERS [what more do we need ?]

The god awful millstone stadium is due to have its 5th birthday soon – ODT will be saturated, note bilge leaking into the Op-ed pages, already.

WE ONLY CARE ABOUT . . . .
THE UNMITIGATED UNPRINCIPLED FLOW OF RATEPAYER MONEY AT +$20MILLION PA to subsidise the Stadium, DVML/DVL, Professional Rugby and Grey Hair Events —meanwhile draining council owned company Aurora Energy of development capital sufficient to satisfy the regulator of lines companies, the Commerce Commission.

It is wrong. Criminal. (metaphorically!)

****

### dunedintv.co.nz Wed, 27 Jul 2016
Your word on local body elections
The Dunedin City Council is set to have some fresh blood in its midst with five current councillors confirming they won’t seek re-election. Many of those not standing have cited the large workload and increasing bureaucracy as a job deterrent. With that in mind our Word on the Street team asked the public whether they care about the upcoming local body elections.
Ch39 Link

Channel 39 Published on Jul 26, 2016

Posted by Elizabeth Kerr

Election Year. This post is offered in the public interest.

8 Comments

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Gerrard Eckhoff does us All a favour

Updated post
Wed, 27 Jul 2016 at 10:07 p.m.

Gerrard Eckhoff redrawn 1The Dunedin City Council’s decision to develop a rates remission policy to take into account the special relationship Maori have with the land is interesting, writes Gerrard Eckhoff.

### ODT Online Wed, 27 Jul 2016
DCC rates policy may be unfair to Pakeha landowners
OPINION All Dunedin City Council ratepayers will, I’m sure, be sympathetic yet intrigued to understand the principle the council has employed that allows for rates remission for Maori freehold land and not producing revenue (ODT, 19.7.16). It is a policy that will be embraced by most, if not all, ratepayers, as it sets a wonderful precedent. Cr Hilary Calvert sensibly noted DCC staff should develop policy which included non-Maori land as well for consideration.
Read more

● Gerrard Eckhoff, of Central Otago, is an Otago regional councillor.

DCC Rates history
The table and graph [go to the webpage] show the comparison between inflation and Dunedin City Council rate increases over the past couple of decades. For the first two years, the changes which followed local body amalgamation in 1989 mean it has not been possible to accurately calculate the DCC rates increase figure. Major upgrades in the areas of water and wastewater, and significant building projects, have had a big effect on DCC rates rises over the period.
http://www.dunedin.govt.nz/services/rates-information/rates-history

DCC rates-infation-chart

Received from Mike

This graph is a cumulative graph of DCC rates rises after inflation has been removed, graphed over the same range that the DCC graph is, with this year’s data added (and a couple of mistakes in the DCC’s inflation rate touched up to.match the Reserve Bank’s, they are minor, and mostly cancel out).

rates

Posted by Elizabeth Kerr

Election Year. This post is offered in the public interest.

17 Comments

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Labour messing with South Dunedin, like Cull, unbidden

Not Listening [octavehighereast.com]Not Listening [octavehighereast.com]

There is little or no RISING GROUNDWATER at South Dunedin – this is an attack on the local community by Anthropogenic Global Warming (manmade climate change) believers like Curran, Clark, and Cull.

So-called ‘authorities’ are running their Politics over the top of the local Community, Failing to canvass the views of the local residents, property owners, service providers and businesses through agreed consultation methods Before pronouncing upon the area. This is disrespectful, dangerous behaviour. Unwarranted.

A lot of us will remember Labour MP David Clark’s importune speech on climate change at the public meeting held at South Dunedin on 20 June. He completely didn’t register the mood and understandings of the local audience.

Greenie Cull and the Labour Party are deliberately or inadvertently using South Dunedin as a Political Football. There are few votes to be earned from bullying and interference, thank god.

Listening —what is that.

Speaking after the tour, Mr Little said the area was a “prime candidate” for urban renewal under the party’s proposed Affordable Housing Authority.

### ODT Online Tue, 26 Jul 2016
Labour timeline for South renewal
By Timothy Brown
South Dunedin’s renewal will be showing “good progress” within six years of electing a Labour government, party leader Andrew Little says. Mr Little toured South Dunedin with Dunedin Mayor Dave Cull, Dunedin South MP Clare Curran, Dunedin North MP Dr David Clark and list MP David Parker after the area was earmarked by the Opposition as one urgently needing urban renewal. The group walked from Bathgate Park School, in Macandrew Rd, down Loyalty St into Nicholson St and on to Nelson St before returning to the school. They were accompanied by members of various social groups from South Dunedin.
Read more

****

### Dunedintv.co.nz Mon, 25 July 2016
Labour leader tours South Dunedin
Labour Leader Andrew Little has visited South Dunedin today, alongside a contingent of MPs and social service agency stakeholders. The group wandered around the areas hardest hit by last year’s floods, looking at the handful of houses still empty more than a year on. And Little took the opportunity to offer up his party’s plan to fix some of the issues.
Ch39 Link

Channel 39 Published on Jul 24, 2016
Labour leader tours South Dunedin

DUNEDIN – JUNKET CITY FOR LGNZ
“How do we Efficiently capture NZ Ratepayers’ Money for our Comfy Salaries”

### Dunedintv.co.nz Mon, 25 July 2016
Local government conference kicks off
The country’s annual Local Government conference is back in Dunedin for the first time in almost a decade. More than 560 delegates have piled into the Town Hall to discuss how to make New Zealand a better place to live and work. But it’s also serving as a way to address the tension between local and central governments.
Ch39 Video

LAWRENCE YULE GO HOME

█ For more, enter the terms *flood*, *sea level rise*, *stormwater*, *hazard*, *johnstone*, *hendry*, *south dunedin action group*, *debriefing notes*, *listener* or *lgnz* in the search box at right.

Posted by Elizabeth Kerr

Election Year. This post is offered in the public interest.

Listening ear-hand [mrhudyma.com]Larry King - Listen [via linkedin.com]

*Images: mrhudyma.com – Listening | linkedin.com – Larry King, Listen

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Calder Stewart pay up #Carisbrook

What will Dave and the greenies spend this loot on ?

ODT 23.7.16 (page 6)

2016-07-23 22.18.13

Link: http://www.odt.co.nz/news/dunedin/391281/dcc-paid-31-million-carisbrook-sale

█ For more, enter the terms *carisbrook* or *orfu* in the search box at right.

Posted by Elizabeth Kerr

Election Year. This post is offered in the public interest.

7 Comments

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Mosley’s Pond now a Dunedin Community ‘asset’ to fund

duck-in-pond [shortzilla.com] 1

Taieri Times 13.7.16 (page 1)

Taieri Times 13.7.16 p1

Taieri Times 20.7.16 (page 8)

Taieri Times 20.7.16 p8

blacknwhiteswim [dadvmom.com] 1

Taieri Times 20.7.16 (page 7)

Taieri Times 20.7.16 p7 (1)

Epitaph. Prudence said she couldn’t swim in the DCC pool at Mosgiel, nor Moana, they both drowned.

Related Posts and Comments:
● 26.11.15 DCC report: Mosgiel Pool Future Aquatic Provision
● 16.9.15 DCC Please Explain —Mosgiel pool design to Warren & Mahoney
● 10.9.15 Tale of two pools … #Mosgiel #Wanaka
● 7.8.15 MOU DCC and TCFT New Aquatic Facility #MosgielPool
● 24.7.15 Hands off Mosgiel Memorial Gardens
● 23.7.15 Dunedin ratepayers —Green Island best site for city pool users…
● 22.7.15 DCC Long Term Plan 2015/16 – 2024/25
● 19.5.15 Mosgiel pool trust conflicts of interest #bigfishsmallpond
18.5.15 NEWSFLASH —Mosgiel pool, tracking [PONT] . . . .
17.5.15 Cr Vandervis on DCC project budgets
● 4.5.15 DCC: Draft LTP matter —‘Unfunded Mosgiel Aquatic Facilities’
● 7.5.15 DCC Draft LTP 2015/16-2024/25 —public submissions online
● 12.4.15 Mosgiel pool trust calls on Dunedin ratepayers to fund distant complex
1.4.15 ‘Pooling Together’ (TCFT) loses chairman, resigns [see Wanaka pool]
28.3.15 DCC Draft LTP 2015/16 to 2024/25 —CONSULTATION OPEN
25.3.15 DCC Long Term Plan: Green-dyed chickens home to roost
11.3.15 Mosgiel pool trust PLAINLY hasn’t got ‘$7.5M community support’
● 6.3.15 Propaganda from trust for Taieri pool project #Mosgiel
● 2.3.15 DCC: Mosgiel Pool private workshop Tuesday (tomorrow) [renders]
● 20.2.15 Taieri Aquatic Centre: 2nd try for SECRET meeting —hosted by Mayor
● 13.2.15 ‘Taieri Aquatic Centre’, email from M. Stedman via B. Feather
● 10.2.15 Dunedin City Councillors invited to Secret Meeting #Mosgiel
14.1.15 DCC Draft Long Term Plan: more inanity from Cull’s crew pending
11.10.14 New Mosgiel Pool trust declared —(ready to r**t)
23.7.14 Mosgiel Pool: Taieri Times, ODT…. mmm #mates
16.7.14 Stadium: Exploiting CST model for new Mosgiel Pool #GOBs
● 4.2.14 DCC: Mosgiel Pool, closed-door parallels with stadium project…
30.1.14 DCC broke → More PPPs to line private pockets and stuff ratepayers
20.1.14 DCC Draft Annual Plan 2014/15 [see this comment & ff]
16.11.13 Community board (Mosgiel-Taieri) clandestine meetings
25.1.12 Waipori Fund – inane thinkings from a councillor
19.5.10 DScene – Public libraries, Hillside Workshops, stadium, pools
12.4.10 High-performance training pool at stadium?

Posted by Elizabeth Kerr

Election year. This post is offered in the public interest.

*Images: shortzilla.com – duck in pond | dadvmom.com – blacknwhiteswim

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Not a bicycle accident, not a burst water main —sugar!

Thu, 21 Jul 2016
DCC Webmap - Something happened cnr Stuart and Bath Sts 21 July 2016DCC Webmap – cnr Stuart and Bath Sts [what happened there]

Posted by Elizabeth Kerr

Election Year. This post is offered in the public interest.

14 Comments

Filed under Democracy, Dunedin, Public interest