Defamation, word is

It will come as no surprise that Mayor Dave Cull The Ineffectual will definitely settle out of court.

An “incompetence” shared is an incompetence doubled. This will cost him the 2013 election.

God forbid DCC on behalf of the Dunedin community would want the ORFU and related entities’ books opened for full independent forensic audit. This is the missed opportunity that going to court – not settling – presents. However, depending on who independently commissioned the audits, DCC itself would show up badly in the dealings – not enough diligence, too much corruption, brotherly love, mass incompetence, you name it.

Wait for the DCC media release. Watch the council’s new five million dollar Spooks (communications) department cream it.

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Posted by Elizabeth Kerr

17 Comments

Filed under DCC, ORFU, People, Politics, Sport, Stadiums

17 responses to “Defamation, word is

  1. Anonymous

    He should draft his resignation letter.

  2. Hype O'Thermia

    Resign? When things are going so well? Have you forgotten this morning’s oddity:
    “Dunedin ratepayers are on the right side of the scoreboard, despite receiving just a fraction of what had been hoped for from last month’s North-South charity rugby clash, Mayor Dave Cull insists.”

  3. Calvin Oaten

    It’s pretty disgusting when you think about. This is our Mayor, the leader of our community, who, when faced with doing the right thing wilts and caves in. He has no right to do that. He is our elected representative, charged with protecting the citizens’ welfare and treasure to the best of his ability. I suspect there was an oath of office in which he swore to uphold those principles. The first time a couple of thugs eyeball him he wilts. Worse he gets on bended knee and negotiates behind closed doors, which is a tacit admission of fault. He will settle for some figure which will probably be classed as commercially sensitive therefore not for public disclosure. The asking sum is $500,000 apiece. Even if they get just half of that it is equivalent to more than the $480,000 the ORFU was forgiven. Do we think those thugs will donate any award back to the DCC? In our dreams. No, the court was the only place to sort this out, but that would mean all the sordid details of the ORFU financial shenanigans being exposed. They would crawl over broken glass to avoid that, and our illustrious mayor has played right into their hands. Result, ratepayers done again, but hey! Dave Cull s adamant he is seeking the best possible outcome for the citizens. Blah blah blah, as if he would know. This must be a one term mayoralty, lest the whole institution is brought into more disrepute. A thoroughly bad situation all round.

    • Elizabeth

      Calvin, although the dogs asked for $500k apiece they wouldn’t have got anywhere near that at court. The cost of pursuing an action (processing), however, is likely to be the greater cost*. They would have lost in court.

      So the question is, what or who drives Mayor Cull just now. We know McLauchlan is still skulking around, care of Dunedin International Airport and more. Messrs Shale and Baylis are in the offing with their recommended restructure of DCHL, which includes DVL and DVML – and the stadium’s operating model. So that’s a lot of shoving at Cull’s earhole for starters, forgetting his minions/cohorts at Lesser Dunedin. Then there’s the brains trust Anderson Lloyd, the so-called council solicitors that work for anyone with a few loose bucks and something devious to fill AL’s war rooms with (where most firms would term their offices ‘chambers’) if that is any indication.

      Dave has to be led out to pasture. Don’t worry, Julian probably has a plan for that already. That’s what happens to liabilities – heavens, Allied Press might find him some books to write to keep him quiet.

      * http://www.nickyhager.info/crosby-v-hager-defamation-proceedings-as-political-weapon/
      “Most defamation cases never make it through all the circuitous processes and reach the court room. Growing legal bills and exhaustion normally lead to some form of settlement between the parties well before court, with the party with the most money and thus staying power often in the strongest position.”
      -Nicky Hagar, “Crosby v Hager”: defamation proceedings used as a political weapon (3 June 2009)

      Hagar concludes:

      “…there is something very wrong with New Zealand’s defamation laws. The moral of this story is that anyone with plenty of money can cause considerable trouble and cost to someone they want to get at, even if the grounds for the defamation actions are weak. Defamation is a tool that can be used by any well resourced company or individual against people who have annoyed them or who they do not like. This has serious implications for journalism and public accountability — potentially chilling freedom of speech about the people who most deserve scrutiny and criticism — since the sad fact is that it is much safer for a news organisation to criticise poor people than rich and powerful ones.

      “These experiences illustrate that New Zealand needs completely new ways of dealing with defamation, so that substance rather than process win the day and wealthy parties cannot just wear down their opponents by mounting legal bills. I don’t understand why the judiciary and legal profession, who should be most aware of this inherent injustice and the inequality of access to justice, are silent about a system that is so obviously broken and open to abuse. New Zealand might, for example, be better served by a specialised tribunal, with a mediation arm beneath it to broker agreements, that can move faster and keep costs down. What is clear is that tinkering with the current system won’t work. It is time to do something about it.”

  4. Amanda

    So predictable.

  5. Amanda

    Love it “Dave the Ineffectual’. Brilliant.

  6. Amanda

    Cull is not scared of us, of a reckoning at the ballot box next year. He knows how voters forget.

  7. Amanda

    And who would take Cull on? Staynes and Thomson would be as weak as Cull is, suddenly go all quiet once they are in the seat of power, And Vandervis? He is not the softly softly type that Dunedin people seem to go for. Who could take Cull’s place?

  8. Amanda

    Don’t get me wrong, this city has awesome people, but they are unknown, and do not feature in the Otago Rugby Times often, if at all, how can would-be Mayors get through the strangle hold of information this newspaper has, with its large readership? If you are not featured regularly in the ODT you don’t count in this town.

  9. Calvin Oaten

    Elizabeth; how about they put him on another iceberg?

    • Elizabeth

      Calvin, that is fitting in the context. Stephen Jaquiery can do a flyover with his zoom camera every so often to map progress on Shrek, sorry, Dave!

      (have updated my previous comment on this thread with a refresh on Nicky Hagar’s comments about defamation proceedings, as he and Radio NZ experienced…)

  10. Anonymous

    Meanwhile the High Court action regarding the traffic lights rolls on.

  11. Russell Garbutt

    Meanwhile in Wanaka, the rugby thugs are pulling the champer corks.

    Sick is not the word.

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