Martin Legge: Operation Chestnut [DIA’s PR exercise]

Received from Martin Legge.
Tuesday, 31 December 2013 10:54 p.m.

The relaunch of “Operation Chestnut” is nothing more than an expensive distraction for the masses – making them believe that the DIA and its Minister, Chris Tremain, are doing a great job. No small coincidence the operation was announced (Jan 2013) contemporaneous with the Government announcement that they did not intend changing the current pokie model despite the systemic corruption and the ongoing rorts. If you don’t agree with me then consider this:

1. “Operation Chestnut” was started way back in 2008 and the investigator submitted his report to Senior Management in 2008-09. The same management includes Debbie Despard, who now fronts the relaunch of Operation Chestnut but note she failed to tell media that the operation started in 2008 and she has been sitting on the report for five years watching as tens of millions flowed to people to whom it should not have.

2. DIA’s primary statutory function requires they properly regulate all the entities which they are solely responsible for licencing and that includes the pokie trusts, their managment and also the owners/operators of pokie bars. Current gambling law puts a clear statutory obligation on the DIA that they must be satisfied with these entities before they can lawfully issue a gambling licence. The legal obligation was put in place to ensure they did their job and prevented harm, and ensured the grant distribution process was fair to all grant applicants. That obligation does not require the resources of the Serious Fraud Office or the standard of proof required in a criminal case, just a balance of probabilities. Under these circumstances the public could now rightly demand why all of the issues and recommendations identified in Bermingham’s report of 2009 were not immediately addressed first and foremost with the pokie trusts named and why now after five years the taxpayer is funding a relaunch or rehash of an operation which until now was ignored by DIA.

3. In 2010, during the four to five years of DIA inaction, DIA seek and receive documents and testimony from me and others that not only linked ORFU and Harness Racing (Mike O’Brien) to three South Auckland bars but of far greater significance was the fact that the evidence implicated the involvement of one of NZ’s biggest trusts, TTCF Inc, now TTCF Ltd, and how its trustees were complicit to such arrangements and were knowingly approving millions of dollars of grants to both ORFU and Racing between 2005 and 2011.

The DIA, OAG, and now the SFO have all given me different stories about why TTCF has been excluded from Operation Chestnut but it is blatantly obvious to me and others that to include O’Brien’s relationship with ORFU and those three Jokers bars would mean including TTCF. It would open up a can of worms with the Government because, as we know, TTCF trustees are very very well connected and they have politicians who will pick up the phone.

Quite frankly, as an ex Police Prosecutor and Detective Sergeant, I am appalled at this situation. Operation Chestnut has become nothing more than an exercise in regaining the public confidence in DIA, its Minister and the gambling sector by taking scalps that fall outside their primary responsibility. Evidence implicating the pokie trusts and their trustees is being ignored or suppressed to take the scalp of someone who essentially sits outside the industry. Mike O’Brien would not have been able to get one cent, let alone the $30 million that DIA/SFO allege has been gained, if it weren’t for the primary offenders, the persons with the ultimate public responsibility, that approved that money back to those interests. Their part in the offending is far more serious than anyone outside the industry.

Pokie trust boards are stacked with high profile well connected personalities all of whom receive a payment of around $50-100k per annum for the privilege. The NZCT board includes ex Wellington Mayor, Kerry Prendergast, who is also an advisor to the Auditor General. TTCF’s Chairman is Ross Clow who is now with Auckland City Council, and then there is Warren Flaunty, NZ’s most elected man. They are the ones who approved these grants and yet they are barely mentioned, quoted or identified by media, let alone interviewed by DIA or SFO.

Last but not least, another conscientious DIA investigator recently contacted me to advise that they saw the full NZRU report into the demise of the ORFU that was supplied to the DIA. They have confirmed that it contains considerable detail of ORFU’s ownership of the Jokers bars and their relationship with Mike O’Brien and TTCF. The report was provided to DIA simply because NZRU wanted to judge the risk of DIA legal action before pumping funds into ORFU. Little wonder DIA continue to withhold that report.

[ends]

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Related Post and Comments:
30.12.13 DIA insights: Pokie rorts, money-go-rounds, names

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Posted by Elizabeth Kerr

DIA insights: Pokie rorts, money-go-rounds, names

This time last week you might have read front-page news at ODT, a story by Hamish McNeilly, Freeze on grants urged (23.12.13) — “Leaked documents confirm the earlier involvement of southern racing clubs in what has become a major multi-agency investigation involving alleged pokie money-go-rounds.” Cont./

Yesterday (and previous days) interesting activity has displayed in our Site Stats —referrers include racechat.co.nz and racecafe.co.nz

View two comments posted in response, here and here.

Go to this thread at RaceCafe—
Some light reading – started by Sheriff, 27 Dec 2013.
Mentions of Operation Chestnut, and more – Sheriff has posted two file attachments. [based on this ODT could’ve had a ‘field day’, it decided not to]

The second attachment of 22 pages compiled by gambling inspector DM Bermingham (Christchurch) is available for download here.

█ Report into Racing Club Activities 222 (DOC, 159.5KB)

The following draft provides a useful checklist [via screenshot]:

To open the file attachments at RaceCafe you’ll need to register as a member.

For more on Pokie Rorts at this website, enter terms such as *pokies*, *pokierorts*, *whistleblower*, *dia*, *sfo*, *racing*, *martin legge*, *orfu*, *ttcf* in the search box at right.

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Posted by Elizabeth Kerr

*Image: ODT 23.12.13 – front page detail tweaked by whatifdunedin

Botanic Garden: Ouroboros

### ODT Online Sat, 14 Dec 2013
The worm has turned up
By Debbie Porteous
A giant glowing worm has appeared above ground at the Dunedin Botanic Garden. It is not a supernatural phenomenon, but the city’s latest piece of public art. The flexible worm, which can bend because it is constructed from thousands of pieces of interlocked and articulating marine-grade stainless steel, was installed over the past two days.
Read more

—

Comment at ODT Online:

Worm and landscaping spend
Submitted by ej kerr on Mon, 23/12/2013 – 3:20pm.
Interesting as always to read your columnist Peter Entwisle’s opinions of the stainless Ouroboros at the Botanic Garden (Art Beat, 23.12.13), and the shoddy process adopted by the city council. This alien is planted in an exceptionally poor section of ‘landscaping’ – a meaningless affront of professionally laid and poorly envisioned hard paving, with a ‘playground’ landing pad. The effect of this cynical deadening forecourt on the tea kiosk with its umbrella-style roof is harsh and fully remiss, architecturally – a boffin job of worst kind. Even the ducks are electing to rest for the evening on nearby lawn – having left their excrement across the pavers. Not sure this metalwork is composting!

On Sunday afternoon I was photographing the wormy presence, it’s bluntly phallic at the supported ‘head’ end… when a local resident asked me what I think of the whole thing. Not a good thing to say. He wasn’t terribly impressed either – he said the project in total was worth about $150,000. For such a cruel mess.

Poor Wendy and … Attendants, they need rescue! The fairy tale plot is lost, crashed, abused.

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Related Post and Comments:
15.7.13 Art in public places: Dunedin worms and wyrms #snakesinthegrass
20.5.13 Comment [ODT item and DCC report]

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Post and images by Elizabeth Kerr

Clarke and Dawe —November/December 2013

Published 4 Dec 2013. ClarkeAndDawe.
Ensuring Certainty in The Seasonal Gift Delivery Business
“Declan Halls, Foreign Affairs Spokesman” Originally aired on ABC TV: 05/12/2013

.

Published 27 Nov 2013. ClarkeAndDawe.
Live from the Adelaide Oval
“Wayne Interruption, Cricket commentator” Originally aired on ABC TV: 28/11/2013

.

Published 20 Nov 2013. ClarkeandDawe.
Ministerial responsibility. Coming soon to Australia.
“Hugh Manrights, Mastermind contestant” Originally aired on ABC TV: 21/11/2013

ABCTV: For 25 years John Clarke and Bryan Dawe have broadcast a weekly interview in which prominent figures speak about matters of public importance. John pretends to be someone he isn’t pretending to be and Bryan behaves with grace under pressure. The interviews are broadcast on ABCTV on Thursday nights and are available online here, on mrjohnclarke.com and on YouTube. They are also available by prescription at selected retail outlets.

http://www.twitter.com/mrjohnclarke
http://www.facebook.com/ClarkeAndDawe

More Clarke and Dawe here:
17.11.13 Cull, MacTavish: (to borrow a phrase) “Have you fixed the debt crisis?”
9.11.13 Quiz on politics

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Posted by Elizabeth Kerr

Sue Bidrose, DCC chief executive

Channel 39 imagines that the city council’s finances have been “put in order” – proof the station isn’t investigative or breathing oxygen.

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### dunedintv.co.nz December 24, 2013 – 2:05pm
Sue Bidrose
The Dunedin City Council had some turnover at the top late this year, after chief executive Paul Orders announced he was moving back to Wales after a two year stint. Orders’ time at the top was widely acknowledged as a period in which the council’s finances were put in order. The search to replace him resulted in a promotion from within.
Sue Bidrose took on the role in charge of more than 600 staff who run everything from rubbish collection to civil defence to economic development.
She came into the studio for a chat with chief reporter David Loughrey on subjects from motorbikes to stadiums to public service.
Video

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Posted by Elizabeth Kerr

*Image: dunedintv.co.nz – Sue Bidrose, screenshot (re-imaged by whatifdunedin)

Scary windows —Dunedin monsters (this week)

Mike Wazowski (green) at Hayward’s Auction House; ‘red’ at University Book Shop (UBS) – children’s book cover detail, Rules of Summer by Shaun Tan.

A young monster named Michael “Mike” Wazowski (voiced by Billy Crystal) appears in films by Disney/Pixar: Monsters, Inc. (2001) and Monsters University (2013). Mike dreams of being a scarer (a monster who enters the human world at night to scare children so their screams can be harvested for energy) when he grows up, after visiting Monsters Inc. — the city of Monstropolis’ most profitable and best-known scaring company — on a school field trip. Eleven years later, Mike is a first-year scare major at Monsters University, where he meets a large, blue, furry monster named James P. “Sulley” Sullivan.

Shaun Tan (born 1974) is an Australian illustrator and author of children’s books and speculative fiction cover artist. He won an Academy Award for The Lost Thing, a 2011 animated film adaptation of a 2000 picture book he wrote and illustrated. Tan’s work has been described as “at once banal and uncanny, familiar and strange, local and universal, reassuring and scary, intimate and remote, guttersnipe and sprezzatura. No rhetoric, no straining for effect. Never other than itself.” —Sydney Morning Herald
Rules of Summer (Lothian Children’s Books: October 2013)

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Posted by Elizabeth Kerr

*Spliced image by whatifdunedin

Otago Heritage Bus shines !!! —ORC holiday bus suspension, patchy city services reprehensible

Image: Otago Heritage Bus Society Inc

### ODT Online Thu, 26 Dec 2013
Otago Heritage Bus Society counts its takings
By Rosie Manins
Gold coin donations for a novel Christmas bus service will help restoration projects by the Otago Heritage Bus Society. The society operated heritage buses on two routes through Dunedin yesterday when all other public bus services were suspended for Christmas.
Bus passengers were encouraged to bring their pet dogs along for the ride and give a donation to the society as their fare.
Society treasurer Jacqui Hellyer said the hill route, encompassing St Kilda, the Octagon, Halfway Bush and Brockville was especially popular.
Read more

Website: Otago Heritage Bus Society Inc
About the Society
Join the Society — Membership
Volunteers wanted — Drivers (P and/or HT endorsements), Conductors, Bus Valets, Automotive and Mechanical knowhow, Administration & Archiving, Hospitality & Frontline Experience

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### ODT Online Thu, 26 Dec 2013
Opinion
All we ask for is a decent bus service
By Lynley Hood
I live on the Corstorphine-Kew bus route. I know how bad the service is. But it took the latest provocation – the Otago Regional Council’s “Proposed Changes to the Bus Services” – to drive me from apathy, to research, to rage, to writing.
The Public Transport Management Act defines “transport disadvantaged” as “people whom the regional council has reasonable grounds to believe are the least able to get to basic community activities and services (for example, work, education, healthcare, welfare, and food shopping)”.
Read more

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Posted by Elizabeth Kerr

Daaave’s $47 million Christmas present to Jinty. We’re paying.

SOLD OUT: Santa’s in the vocal minority

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ODT 14.11.13
OPINION: Cycleways and parking issues
Dunedin City Councillor Jinty MacTavish is happy the cycleway proposal has sparked discussion, but wants to keep the conversation grounded in fact. Cont/

Comment to article:
DCC’s +$47M cycleways project
Submitted by ej kerr on Thu, 14/11/2013 – 11:13pm.
Cr MacTavish has better things to do. She knows it. Her job as a city councillor is to take the air out of her various tyres and acknowledge that her loose-assemblage greenwash ‘political party’ should stop its spendthrift ways. Far better that they bend over backwards on quickly retiring the council’s +$623M consolidated debt. A harder workout than cruising on SH1 with the wind up their tails.

Reply:
Cycleway clarifications
Submitted by Jinty MacTavish on Fri, 15/11/2013 – 11:41am.
It’s an unfortunate urban myth that the DCC intends to spend $47M on cycleways, which seems to have originated from this article which double-counted the cost of a bunch of projects. I’ve asked staff to send through the breakdown and will post again here when I have the full details in front of me. Cont/

Discussion at What if? Dunedin:
JimmyJones
Submitted on 2013/11/17 at 9:25 pm
Sustainable Jinty commented in the ODT article referred to and said It’s an unfortunate urban myth that the DCC intends to spend $47M on cycleways, which seems to have originated from this article which double-counted the cost of a bunch of projects. I’ve asked staff to send through the breakdown and will post again here when I have the full details in front of me.
Here we see her claiming that the $47 million is a myth and that it has been wrongly calculated. She says this while not having the actual figures and not even knowing where it came from.
The figure actually came from the DCC at a forum in May this year involving the DCC and the NZTA ODT: City to lead country in cycle safety. We were told:
Dunedin is set to lead the country in cycle safety.
Projects worth more than $47 million will form a cycle network unlike any other within urban New Zealand, those at a forum in Dunedin heard last night. Mayor Dave Cull welcomed the almost 100 people present and explained why cycle infrastructure deserved significant investment.
It is clear that Jinty lied to us about the double counting. The figures are in the article, and there is no double counting. There is also no double counting in Jinty’s figures, because she doesn’t have any. Her attempt to discredit and minimize this estimated cost of bicycle projects has failed. Note how she re-interprets the claim as being DCC-only spending, whereas the claim has always been DCC + NZTA spending (Straw man). Richard Thomson on Radio Dunedin has been up to the same mischief (12/11/13). I say “mischief” but these statements could be offences against the Financial Reporting Act or other legislation. In any case this is very disappointing because the misinformation seems intentional. Desperation breeds dishonesty.

Reply:
Elizabeth
Submitted on 2013/11/17 at 10:38 pm | In reply to JimmyJones.
JimmyJones, I looked upon Cr MacTavish’s comment on the $47 million (in reply to a comment I made at ODT)… with sheer incredulity. I couldn’t believe what I was reading so didn’t even bother to reply.
However, glad you brought it up. You correctly place the councillor’s comment in context here and of course (!!!) what she says does not shine in a pure angelic or intelligent light. The quality of her ‘homework’ has dropped out the bottom, as ’twere.
Well done, JJ.

Related Post and Comments:
17.11.13 Cull, MacTavish: (to borrow a phrase) “Have you fixed the debt crisis?”

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Posted by Elizabeth Kerr

Dunedin: Vandervis complaint lodged with police [update]

Updated post 25.12.13 at 12:56 a.m.

From ODT Archives (via Lee Vandervis):
Chris Morris. Local Body Elections 2013: How they rated
[councillors] Link 1 Link 2
[mayor] Link 1 Link 2
The article appeared in print and digital editions on Saturday 19 Sept 2013, and at ODT Online the next day. The full article is no longer available at ODT Online or Google cache.

—

Received from Lee Vandervis.
Monday, 23 December 2013 4:11 p.m.

{Personal contact details and email addresses have been removed. Owing to limitations of the WordPress template minor changes have been made to the layout of the email for legibility. The italics are ours. Read the 2001 Local Electoral Act here. -Eds}

—

—— Forwarded Message

On 23/12/13 1:53 PM, “Debbie Porteous” [ODT] wrote:

Hi Lee, just arrived in for the day…have you had a chance to lay your complaint yet?
regards
Debbie.

.

From: Lee Vandervis
Date: Mon, 23 Dec 2013 16:03:20 +1300
To: Debbie Porteous [ODT]
Conversation: Morning Report
Subject: Re: Morning Report

Hi Debbie,

After 3 days of attempts to lodge a complaint with the Police I was finally able to lodge my complaint under the Electoral Act 2001 today against the ODT for their Councillors Ratings publication on the day that most voters received their voting papers.

In addition to the complaint which I have already forwarded, I today added the following Appendix detailing several of the alleged cases to answer.

CIB Detective Brett {Roberts} took detailed notes as well as my prepared material and copies of evidence and said he would write the case up for me to confirm in the next few days. From then it would be up to Police lawyers in Wellington to decide whether or not to proceed with a prosecution.

Let me know if further detail would be helpful.

Kind regards,
Lee

From: Lee Vandervis
Date: Mon, 23 Dec 2013 10:18:37 +1300
To: “ROBERTS, Alan (Brett)” [NZ Police]
Conversation: APPENDIX – Local Electoral Act 2001 breaches – Section 122 Case to Answer
Subject: APPENDIX – Local Electoral Act 2001 breaches – Section 122 Case to Answer

Dear Police.

There is a case to answer for the ODT because of the Councillor Ratings publication breach of several different provisions of section 122:

122 Interfering with or influencing voters

● (1) Every person commits an offence, and is liable on conviction to a fine not exceeding $5,000, who—

(a) interferes in any way with any person who is about to vote with the intention of influencing or advising that person as to how he or she should vote:

(b) prints, publishes, distributes, or delivers to any person (using any medium or means of communication) a document, paper, notice, or message, being or purporting to be in imitation of any voting document to be used at the election or poll that,—

—(i) in the case of an election, includes the name of a candidate or candidates, together with any direction or indication as to the candidate or candidates for whom any person should vote:

—(iii) in any way contains or suggests any such direction or indication or other matter likely to influence how any person votes:

.

█ (a) Was the timing of the ODT Councillor rating publication perfectly timed to influence voters?
YES it arrived in the mail on the Saturday 21st September when most voters would have just received their voting papers in the mail, either Thursday 19th or Friday 20th. It was delivered as near as could be timed to influence voting.
[18 Council candidates featured in ads and articles in this prime election newspaper (apart from the offending Councillor Rating pages) with the Mayor in 3 ads and Cr Wilson in 2.] The timing precluded any Councillor opportunity to effectively rebut what was claimed in the Councillor Ratings.
[see Cr Stevenson email 8/12/13 below…’to allow those reported on and members of the public some time to respond publically {sic}.’]

Was the publication intending to influence or advise voters?
YES­ it was advertised on the ODT’s biggest circulation day of the week along the top of the front page as ‘CHRIS MORRIS RATES DUNEDIN COUNCILLORS The best and the worst performers. p30-31’.
The two page spread also claimed authority, with the introduction lauding ‘reporter Chris Morris [who] has occupied a unique vantage point on the press bench, watching more of the debate unfold than any other member of the public’. [It fails to note that most Councillor work is in non-public meetings and in individual contacts for which an ODT reporter has no vantage point. This issues {sic} was highlighted verbally to me by Cr Hudson.]
The claimed authority in this context IS intention to influence. Add biased text and you have perverting influence.
The addition of a rating/10 IS intention to advise.
The ODT spread gave a white-washed glowing account of Mayor Cull over six columns [whose previous election campaign was partly financed by ODT owner Julian Smith and campaign managed by Julian Smith’s regular advertising consultant Tony Crick, who has continued to design and manage Mayor Cull’s subsequent GREATER DUNEDIN electoral campaigns], and gave me one column of
the most slanderous print I have ever read of any Councillor anywhere. All GREATER DUNEDIN candidates got scores of 6/10 or better. No Councillor with a score of less than 6/10 was re-elected.

█ (b) Did the ODT print, publish, distribute, or deliver to any person…a paper being or purporting to be in imitation of any voting document to be used at the election or poll that,

—(i) in the case of an election, includes the name of a candidate or candidates, together with any direction or indication as to the candidate or candidates for whom any person should vote?
YES The format of the ODT Rating publication closely followed the format of the official INSTRUCTIONS & CANDIDATE INFORMATION booklet that accompanied all voting papers. Like the booklet, each Councillor’s column led with the Councillor’s name, followed with a passport-sized photograph, and then followed with about 150 words of text [except for the Mayor’s extensive praise].
In the booklet however, the Candidate Information Handbook specifies that 150 word candidate profiles ‘must be true and accurate’. The ODT ratings were anything but true and accurate. They not only rated, but white-washed GREATER DUNEDIN candidates and pilloried others.

—(iii) in any way contains or suggests any such direction or indication or other matter likely to influence how any person votes?
YES. The rating/10 strongly suggested that those above 5/10 should be voted with a high STV ranking and those below 5/10 should not.
The dumping of two longstanding Councillors given 4/10 and 3/10 respectively proved the effectiveness of this influence, not just in the ratings but in the accompanying damning text. The ODT Ratings publication was intended to be an influencing version modelled on the official voter INSTRUCTIONS & CANDIDATE INFORMATION booklet, and one which gave voters a quick easy way of ‘knowing how to vote’. [eg see ODT letter to the Editor 7/9/13 ex Ann Coup – attached]

Dumped long-standing ex-Cr Hudson has been supportive of my making a criminal complaint under the Local Electoral Act. He has told me that the reason he could not effectively make a complaint himself was because it would be perceived and presented as ‘sour grapes’. He added that he wished that he too had cancelled his ODT advertising after the Chris Morris Councillor Ratings was published. There was no alternative print or TV media in Dunedin for either of us to advertise in as they are all owned by Allied Press Ltd.

Dumped long-standing Cr Stevenson was devastated by the Councillor Ratings publication. She initially verbally supported my draft complaint to the Electoral Commission:

From: Lee Vandervis
Sent: Tuesday, 22 October 2013 1:01 p.m.
To: Teresa Stevenson
Subject: Re: Positions of responsibility

Hi Teresa,

I found the whole skateboards debate to be a red herring and did not pay much attention to who said what.
Maybe if you check the videos on the DCC website you can get exact quotes.

Would you be interested in lending your name to my proposed Electoral Act complaint?

Cheers,
Lee

From: Teresa Stevenson
Date: Tue, 22 Oct 2013 15:12:19 +1300
To: Lee Vandervis
Subject: RE: Positions of responsibility

yep

…but has subsequently expressed the personal ‘wish to move on’.

From: Lee Vandervis
Sent: Friday, December 06, 2013 9:11 PM
To: Teresa Stevenson
Subject: Re: Draft Formal Complaint to the Electoral Commission – your suggestions would be much appreciated.

Hi Teresa,

The draft below is intended to go to the Electoral Commission and the Minister for Local Government, with other versions going to the Press Council and to nationwide media.
Paul Hudson has verbally confirmed his interest in adding his approval to this formal complaint.
I would be interested to know if you have any suggestions for improving this draft, and if you have any interest in adding your approval to it, as an obviously effected {sic} candidate.
My primary reason for making the complaint is to prevent the recurrence of what I believe to be a gross manipulation of our electoral process by our monopoly media.

Looking forward to any comment you may have.

Kind regards,
Lee

From: Teresa Stevenson
Date: Sun, 8 Dec 2013 10:48:23 +1300
To: Lee Vandervis, Teresa Stevenson
Subject: Re: Draft Formal Complaint to the Electoral Commission – your suggestions would be much appreciated.

I now wish to move on in my life, and do not want to re-raise this reporting which I personally felt was unbalanced, however I do not want the whole thing to be publically {sic} raised again.

I sincerely hope the Press Council and the NZ newspaper editors give some guidelines to how report card style reporting can be done better in the future, with any positive or negative grading being scored evenly on set factors, with more than one person doing the grading to avoid perceptions of bias, this should be easily achieved with the video recording of council meetings; report cards should also be published prior to the sending out of voting papers to allow those reported on and members of the public some time to respond publically {sic}. I have expressed my views with our ODT editor whom may consider these matters in future reporting.

I have experienced some positive press coverage from the ODT in the past, for example when I was first elected in 2004. So much so that there were private Councillor jokes about me sleeping with the ODT reporter.
However, after loudly voicing opposition to the unaffordable public funding of the proposed Stadium [ODT manager/owner was a founding member of ‘Our Stadium’ stadium promotion group] my ODT coverage became very negative in 2007 with a new DCC reporter, and I subsequently lost the 2007 election.
Subsequent ODT coverage since 2007 has been variable.
Mark Twain made a telling point when he said ‘Never pick a fight with a man who buys ink by the barrel.’

This complaint is not intended to pick a fight, but is a necessary attempt to delineate how far our monopoly media may go in influencing voters under the provisions of the Local Electoral Act 2001.
In publishing the Councillor Ratings on the day most voters received their papers, I submit that the ODT has [breached] the Act repeatedly and in many parts.

The Police prosecution that I am seeking is necessary to prevent a recurrence and foreshadowed extension of the Councillor Ratings to future Local Body Elections.
The pillars of Democracy on which our society stands have been eroded by the ODT Councillor Ratings publication, the 2013 Dunedin election has been skewed, and the make-up of the elected Councillors significantly and surprisingly changed.

I look forward to the Police acting appropriately with a decision to prosecute.
Cr Lee Vandervis

—— End of Forwarded Message

[ends]

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Related Post and Comments:
19.12.13 Dunedin: On the 2001 Local Electoral Act, and more [Complaint]
22.9.13 Newspaper errs . . . #Dunedin #Elections

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Posted by Elizabeth Kerr

DVML: No harassment policy or complaints procedure, really?

Supplied.
ODT 20.12.13 Letter to the editor (page 14)

█ [Scanned file missing from media library since before 20.1.14. Replaced 21.7.14. -Eds]

We recommend people read the information below and follow the weblinks.
Take action if you are experiencing bullying/harassment/sexual harassment at your workplace.
Verbal bullying in the workplace is recognised as violence.
Physical bullying is more obviously violence. Dry humping women is……

It is strongly recommended that affected persons take action.
DVML really needs to be an EEO employer.

****

From the Equal Employment Opportunities (EEO) Trust website:

Harassment and bullying in the workplace
Workplace harassment and bullying is likely to affect staff morale, creativity and productivity, and create an unhealthy workplace culture. It can be subtle or overt, sporadic or sustained.

Harassment can be defined as any unwelcome comment, conduct or gesture that is insulting, intimidating, humiliating, malicious, degrading or offensive. It might be repeated or an isolated incident but it is so significant that it adversely affects someone’s performance, contribution or work environment. It can include physical, degrading or threatening behaviour, abuse of power, isolation, discrimination, sexual and/or racial harassment. Harassment is behaviour that is unwanted by the recipient even if the recipient does not tell the harasser that the behaviour is unwanted.

Bullying is ongoing unreasonable behaviour which is often intended to humiliate or undermine the recipient but is not specifically unlawful.

Download this document (PDF, 47 KB) >>

Read more at http://www.eeotrust.org.nz/toolkits/harassment.cfm

Headings include:
• Legislation and liability
• Effects of harassment and bullying
• Background: your current climate
• Steps to take
• For further support, advice and training
• Additionally, Bullying Resources

The Equal Employment Opportunities (EEO) Trust is a not-for-profit organisation tasked with providing EEO information and tools to employers and raising awareness of diversity issues in New Zealand workplaces.
The EEO Trust assists employers in introducing and managing proven EEO thinking and practices, encourages diversity by promoting the recruitment and development of people on the basis of merit and generates awareness of the business benefits and rewards of an inclusive workplace.
Based in Auckland, the EEO Trust works with employers around New Zealand providing the latest resources, ideas and information to support workplaces to achieve success through effectively managing diversity. The EEO Trust is resourced by fees from member organisations and Government contributions. It is governed by a Board of Trustees.

****

NZ Human Rights Commission – Accessible HTML Document
Sexual harassment

What is sexual harassment?
Sexual harassment is unwelcome or offensive sexual behaviour that is repeated or significant enough to have a harmful effect on you.

The Human Rights Act makes this unlawful when it occurs in:
● employment
● education
● or any other areas covered by the Human Rights Act.

For more information, contact the Human Rights Commission’s toll free InfoLine on 0800 496 877.

More information at:
http://www.hrc.co.nz/hrc_new/hrc/cms/files/documents/22-Mar-2010_12-42-50_Sexual_Harassment_ENGLISH.html

Headings include:
• Examples of sexual harassment
• Victimisation
• Why you should act
• Why sexual harassment is wrong
• What you can do about sexual harassment

If this doesn’t work, or is inappropriate, you can seek advice and assistance from:
• a sexual harassment contact person at work
• a manager or school counsellor
• the Human Rights Commission
• your union delegate or a lawyer
• a professional disciplinary group
• the police
• Employment Relations (if you have been harassed at work). Phone 0800 20 90 20.

Contact the Human Rights Commission

****

Ministry of Business, Innovation & Employment (MoBIE)
Labour Information (knowledgebase)

Sexual harassment in the workplace
What is the best way to deal with sexual harassment in the workplace?

Employers can help protect their workplace against sexual harassment by implementing an effective sexual harassment prevention programme and ensuring that staff are aware of the organisation’s policy and procedures relating to sexual harassment.

Sexual harassment may include:
An employer or employer’s representative making a request, directly or indirectly, of an employee for sexual intercourse, sexual contact, or other form of sexual activity that contains:
● an implied or overt promise of preferential treatment in that employee’s employment, or
● an implied or overt threat of detrimental treatment in that employee’s employment, or
● an implied or overt threat about the employee’s present or future employment status

An employer or employer’s representative using language (written or spoken), visual material or physical behaviour of a sexual nature:
● that is unwelcome or offensive to that employee (whether or not this is conveyed to the employer or representative), and
● that is either repeated or is so significant that it has a detrimental effect on the employee’s employment, job performance, or job satisfaction

If an employee believes they are being sexually harassed in the workplace, either by another employee or a customer, they need to raise it with their employer. They may decide to discuss the problem with the employer, either directly or through a representative such as a union representative.

If a sexual harassment complaint cannot be resolved through discussion with the employer, then mediation could be an option. Mediation is a service that is available to employers and employees to assist in the resolution of employment relations problems.

Alternatively, an employee may make a complaint to the Human Rights Commission. The Commission can offer dispute resolution services, which may include mediation. More information can be found on their website or by phoning 0800 496 877.

Read this information and other links at:
http://www.dol.govt.nz/workplace/knowledgebase/item/1355

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Take a look at HowTo Law’s website (NZ):
How to bring a sexual harassment claim against your employer

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Posted by Elizabeth Kerr

Dunedin: On the 2001 Local Electoral Act, and more [Complaint]

Received from Lee Vandervis.
Thursday, 19 December 2013 11:56 a.m.

{Copy of this complaint has been forwarded to Wilma McCorkindale (Fairfax News) and Debbie Porteous (ODT) who met Lee Vandervis this morning. The layout of the forwarded email has been slightly modified due to limitations of the WordPress template. Some personal contact details and email addresses have been removed or deactivated. -Eds}

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—— Forwarded Message

——– Original Message ——–
Subject: Formal Complaint to the Electoral Commission, and Hon Chris Tremain – Minister for Local Government
Date: Tue, 10 Dec 2013 08:32:24 +1300
From: Lee Vandervis
To: feedback @ elections.org.nz, c.tremain @ ministers.govt.nz

Formal Complaint to the Electoral Commission 10/12/2013

Dear Electoral Commission and Hon Chris Tremain – Minister for Local Government.

I wish to make a formal complaint regarding a breach of section 197 of the NZ Electoral Act 1993 [Reprint as at 5 August 2013];

197 Interfering with or influencing voters

● (1) Every person commits an offence and shall be liable on conviction to a fine not exceeding $20,000 who at an election—

g) at any time on polling day before the close of the poll exhibits in or in view of any public place, or publishes, or distributes, or broadcasts,—

● (i) any statement advising or intended or likely to influence any elector as to the candidate or party for whom the elector should or should not vote;

Specifically under the Local Electoral Act 2001

Part 7 http://www.legislation.govt.nz/act/public/2001/0035/latest/link.aspx?id=DLM94784
Offences http://www.legislation.govt.nz/act/public/2001/0035/latest/link.aspx?id=DLM94784

122 Interfering with or influencing voters

● (1) Every person commits an offence, and is liable on conviction to a fine not exceeding $5,000, who—

(a) interferes in any way with any person who is about to vote with the intention of influencing or advising that person as to how he or she should vote:

(b) prints, publishes, distributes, or delivers to any person (using any medium or means of communication) a document, paper, notice, or message, being or purporting to be in imitation of any voting document to be used at the election or poll that,—

—(i) in the case of an election, includes the name of a candidate or candidates, together with any direction or indication as to the candidate or candidates for whom any person should vote:

—(ii) in the case of a poll, includes a statement or indication as to how any person should vote:

—(iii) in any way contains or suggests any such direction or indication or other matter likely to influence how any person votes:

(c) prints, publishes, or distributes any instruction on the method of marking the voting document that differs in any material way from the instructions required by this Act or any regulations made under this Act to accompany the voting document.

.

On the Saturday 21st of September 2013, the day on which the majority of Dunedin voters would have received their voting papers in the mail, the weekend edition of the Otago Daily Times printed an unprecedented 2 page “LOCAL BODY ELECTIONS HOW THEY RATED Opinion: Council reporter Chris Morris’ ratings of the council’s best and worst performers” which I allege was clearly designed to influence or advise voters as to how they should vote.
This ODT ratings of Councillors was authoritatively described in the introduction as being from “reporter Chris Morris [who] has occupied a unique vantage point on the press bench, watching more of the debate unfold than any other member of the public”. [It fails to note that much Councillor work is in non-public meetings and in individual contacts which an ODT reporter has no knowledge of.]
In this 2 page publication, the Mayor and each Councillor was named and photo shown followed by a column of text, in a format similar to the electoral information booklet accompanying voting papers, – additionally scored/10, and ‘Standing again’ noted. The text ‘opinion’ that accompanied each Councillor’s numerical/10 rating was heavily emotive, biased, and largely devoid of fact in many instances.
Further, I believe that the effect of this publication had a significant effect on voting to the extent that no Councillor that received a Chris Morris rating of less than 6/10 was re-elected. This despite two sitting Councillors of long experience, Cr Paul Hudson and Cr. Teresa Stevenson, looking likely to be re-elected but severely disadvantaged in this publication with damning comment and scores of 4/10 and 3/10 respectively. Cr. Hudson’s lost seat in particular was a surprise as he had a strong advertising campaign as well as a long uninterrupted Councillor history. Cr. Stevenson’s campaign was minimal, but always had been in the past and had still been enough to ensure uninterrupted re-election for many prior terms.
Although re-elected myself with a comfortable first interation selection, I believe that the ODT ratings publication severely impacted both my Mayoral and my Councillor vote, as a result of a slew of slanderous personal attacks in my single ratings column, contrasting strongly with Mayor Cull’s six columns of mostly misleading praise.

Mayor Cull’s praise included claiming he had delivered on promises of spending cuts, efficiencies, and greater transparency, when Mayor Cull’s Council had in fact increased debt by a record $176 million, failed to reduce bloated staff costs, and organised a secret caucus Liaison Committee which illegally prevented Councillors outside the Committee from attending. Mayor Cull also falsely claimed in his electoral pamphlet that his Council had saved ratepayers $100 million in interest costs by reducing the Stadium debt term from 40 years, when in fact it was Mayor Cull’s Council that had increased the term to 40 years in the first place.
The slanderous adjectives used by Chris Morris in my column included; “hogging…headlines [ironically this same reporter was responsible for most headlines], accused of getting facts wrong, grandstanding or a bullying tone, irate outburst, when angry as he often appears, his boiling shade of red is a sight to behold. Can sit like a storm cloud in council meetings, seemingly ready to erupt, walk out, or both.”…

The clear intention to influence and advise voters in this unprecedented 2 page slander of some candidates, and whitewash of others, could not be more plain.
The devastating result on the election outcome was also marked, as the ODT is the only local Dunedin daily newspaper, and the other local weekly and local TV channel are all owned by the same Allied Press Ltd.
With this ‘Council reporter ratings publication’, the ODT did not just ‘interfere in any way with any person who is about to vote’, the publication interfered in many ways with thousands of people who were about to vote, significantly altering the voting outcomes of the election. This on top of more subtle ODT bias in headlines, omissions, and comment regarding Council issues in the year leading up to the election.

I highlighted two such recent examples in my letter to the Editor of 22nd/9/2013 as follows;

From: Lee Vandervis
Date: Sun, 22 Sep 2013 12:01:03 +1200
To: EditorODT, Nicholas George S Smith [Allied Press], Julian Smith [Allied Press]
Cc: Chris Morris [ODT]
Conversation: A reporter’s ranting ratings! – Letter to the Editor
Subject: A reporter’s ranting ratings! – Letter to the Editor

Letter to the Editor.

A reporter’s ranting ratings! – on voting-papers-weekend!

Dear Editor,

With two pages of a reporter’s ranting ratings! on Councillors, the ODT has emotively screwed with voter preferences just as their voting papers arrive.
For the Mayoralty the ODT has again backed a TV-show-pony instead of a work-horse.

Where was Saturday’s headline ‘Cull falsely claims saving ratepayers $100+ million’ when the ODT knows he tried costing us that $100+ million in 2012 to disguise a double digit rates-rise?*
Where is the headline ‘Imaginative and informative election posters from Vandervis’? [photo here – see attached].

You have helped buy a Stadium that we can not pay for, neither capital nor operational, and failed the only candidate that told you so and still might have been able to pay for both.
You are sending our new CEO saviour in search of a saner situation.
You have, in this most important ODT issue of the triennium, taken the Dunedin disease of savaging style over substance to new debilitating depths.
You have permanently compromised any perceived impartiality of your primary DCC reporter, and warned off any decent future DCC candidates.

Winchell’s fate awaits you.

Cr. Clydesdale Vandervis

[“Walter Winchell – Wikipedia, the free encyclopedia
en.wikipedia.org/wiki/Walter_Winchell http://en.wikipedia.org/wiki/Walter_Winchell
You know what Winchell was doing at the end? Typing out mimeographed sheets with his column, handing them out on the corner. That’s how sad he got.”]

● “Mayor Dave Cull said he was “vehemently opposed” to repaying the debt over 40 years, because of the interest it would add to the bill, but would support it in the meantime to keep rates down.” [ODT 26 Jan 2012]

image.jpg

Feedback following the Councillor ratings publication was so severe from many different people that I decided to cancel all further advertising with the ODT on 29th Sept., 10 days before the close of voting as below.

From: Lee Vandervis
Date: Sun, 29 Sep 2013 23:07:22 +1300
To: Esther Lamb [Allied Press]
Cc: Nicholas George S Smith [Allied Press], Julian Smith [Allied Press]
Conversation: Lee Vandervis
Subject: Re: Lee Vandervis

Hi Esther,

Thank you for looking after me personally, but your Editors and Morris have undone any good there might have been in our ODT advertising by the obscene Sept 21st 2 pages of ‘Councillor ratings’ in which I have been slandered and Mayor Cull has been rolled in glitter.
Please cancel any further ads and send me a final account.

Kind regards,
Lee

4 Links to the ODT 21/9/2013 Councillor rating publication appear below;
• http://archive.odt.co.nz/Repository/ml.asp?Ref=T0RULzIwMTMvMDkvMjEjQXIwMzAwMA==&Mode=Gif&Locale=english
• http://archive.odt.co.nz/Repository/ml.asp?Ref=T0RULzIwMTMvMDkvMjEjQXIwMzAxNw==&Mode=Gif&Locale=english
• http://archive.odt.co.nz/Repository/ml.asp?Ref=T0RULzIwMTMvMDkvMjEjQXIwMzEwNA==&Mode=Gif&Locale=english
• http://archive.odt.co.nz/Repository/ml.asp?Ref=T0RULzIwMTMvMDkvMjEjQXIwMzEwMw==&Mode=Gif&Locale=english

I ask that you investigate this complaint, and if you discover that section 122 of the Local Electoral Act or other section has in fact been breached, that you move to appropriately censure the ODT in such a way as to publicly highlight the breach, and especially to prevent this or any other newspaper doing this to Candidates in future elections. The ODT has responded to comment on its Ratings of Candidates publication by saying that it will consider including Regional Council and Hospital Board Candidates in a similar Ratings publication for future elections.
The already too powerful influence of Allied Press’ monopoly print and TV media in Dunedin has become so extreme with this ODT Councillor Ratings paper coinciding with delivery of voting papers, that the outcome of the electoral process effectively rides on the shirt-tails of ODT published opinion.

Looking forward to your response,

Kind regards,
Cr. Lee Vandervis

—— End of Forwarded Message

[ends]

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Posted by Elizabeth Kerr

DCC, Dunedin City Treasury and 3 big banks [Interest Rate Swaps]

WHICH THREE BANKS, DCC ??????

Comments received.

Rob Hamlin
Submitted on 2013/12/17 at 3:02 pm

As some of you may recall I have been very interested in DCTL and its large gains and losses on interest rate swaps. The following article http://nz.finance.yahoo.com/news/comcom-issue-proceedings-against-asb-194400510.html describes today’s announcement by the Commerce Commission to investigate ANZ, ASB and Westpac for mis-selling interest rate swaps to farmers – causing massive losses to these borrowers.

My interest has been further piqued by the arrangement between DCTL and three ‘independent’ banks called a ‘secured multi-option note facility’ within which these swaps are sold to DCTL by said ‘independent’ banks. The ‘secured’ as I have mentioned previously involves an ‘on call’ capital commitment by DCC to DCTL that has been deliberately put in place to circumvent Section 62 of the Local Government Act, which specifically prohibits council guarantees to trading companies. At $850 million of capital (which the DCC does not have), this amounts to some $17,000 for every ratepayer in this city – and you are liable for it.

As I have mentioned before, the very large annual fluctuations in gains and losses reported by the DCC due to interest and currency derivative exposure indicates that the DCC, via its $850 million guarantee to DCTL, is very deep indeed into this particular festering pile of poo.

I have lodged an LGOIMA request with the DCC for the identity of the three banks who are in the ‘secured variable rate note facility’ swap fest with DCTL. However, my unofficial sources indicate that the membership may be between 67% and 100% in common with the three banks mentioned in the ‘Stuff” report on large-scale interest rate swap mis-selling – Time will tell. But might be an idea to find the hammer and your piggy bank.

****

Russell Garbutt
Submitted on 2013/12/17 at 4:13 pm

Rob, I simply cannot understand the role of the OAG in all of this. The OAG provides auditing services to the Dunedin City Council and is supposedly the watchdog that ensures things are all tickety-boo in City Hall. But as we have already seen in the Kaipara case that the OAG now says that it is terrible that all of this borrowing took place, but that THEY ARE NOT ACCOUNTABLE. Surely to goodness that they have seen the actions of the CFO of the DCC to subvent the point and purpose of Section 62 of the LGA. Equally puzzling is how they have not been warning of the ramifications of these infernal legalised Ponzi schemes as they have been described elsewhere.

I distinctly remember the sacked Athol Stephens explaining to me in his office that many of the financial dealings of the DCC were to avoid tax liabilities. Athol was both a Director of a Council Board and an employee of the Council as I recall at the time.

There is enough smell round this issue to warrant a lot of interest by the OAG and the mainstream media, but sadly it is just too plain in the case of the OAG that they really aren’t interested in pursuing anything that would show that they themselves have been slack and incompetent, nor are they interested in pursuing anything that involves them in any serious work.

In the case of the media, it’s all just too hard. TV simply isn’t capable and is more interested in turning news into entertainment, and the financial reporters in the papers can’t seem to get their heads round anything substantial.

A case of the fox inside the henhouse and another one on the outside, looking out for the farmer.

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Posted by Elizabeth Kerr

Commerce Commission moves on 3 big banks [Interest Rate Swaps]

### stuff.co.nz Last updated 17:17 17/12/2013
Banks taken to court over farm deals
By Rob Stock and Matt Rilkoff
In a war that has cost her a lifetime of work, former north Taranaki farmer Angela Potroz says she has finally won a battle.
The Commerce Commission announced today it intended to take ANZ, ASB and Westpac banks to court for “misrepresenting” sales of interest rate swap loans to rural customers.
Potroz and her husband John were some of the hundreds of farmers persuaded by The National Bank (now branded ANZ) to take the financial product in 2007 as a way to “beat” rising interest rates.
Nearly inexplicable to all but financial experts, the products were often sold to farmers as being fixed rate loans “with benefits”.
But when the global economy fell apart, interest rates on the swaps soared and fine print penalty clauses kicked in.
With the bank refusing to offer the Potrozes any relief and refinancing costs in the millions, the couple said they were doomed to fail.
In November 2012 they sold four sheep and beef farms valued at $18.85 million in 2010 for just $12.08m after the bank demanded their $11m swap be repaid in full.
Read more

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Media Release: Commerce Commission proposes to issue proceedings on interest rate swaps

17 December 2013

The Commerce Commission confirms that it has advised three major New Zealand banks, ANZ, ASB and Westpac, that it intends to issue legal proceedings over their sales of interest rate swap contracts to rural customers.
The Commission has advised the banks that in its view there is sufficient evidence that they may have breached sections 9, 11 and/ or 13 of the Fair Trading Act, and that it wishes to place the matter before the Court for its decision.
Commerce Commission Chairman Dr Mark Berry says the Commission aims to file proceedings in March 2014.
“This has been a very extensive and complex investigation, but that phase of it is almost at an end. We have advised the banks of our views that swaps were misrepresented to rural customers. I expect to have more talks with the banks about these views, and about the different facts that might apply to each of them, over the coming months,” said Dr Berry.
“Because court proceedings are in prospect, the Commission will not be commenting further at this time.”
The Commission is also considering the conduct of other institutions that have sold interest rate swaps.
The Commission encourages affected swap customers to contact the Commission on 0800 943 600.

Background
Interest rate swaps are a financial derivative product that allows a borrower to manage the interest rate exposure on their borrowing.
Interest rate swaps were typically provided to large corporate and institutional customers, but from 2005 were offered by various banks to rural customers throughout New Zealand.
In August 2012 the Commission began enquiring into whether interest rate swaps were misleadingly marketed from 2005.
This matter relates to ANZ Bank New Zealand Limited (ANZ), ASB Bank Limited (ASB), and Westpac Banking Corporation and Westpac New Zealand Limited (together, Westpac).

[Relates to: Fair Trading]
ComCom Link

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Interest Rate Swaps
17 December 2013: Proposed Legal Proceedings – Questions and Answers*

*Click on Question links for Answers

1. Which banks does the Commission intend to take court action against over the marketing and sale of interest rate swaps to rural customers (farmers)?
2. Background to investigation and decision to take court action
3. What does the Commission intend to do?
4. When is the Commission filing proceedings against the banks?
5. How much have farmers lost as a result of the alleged conduct?
6. My farming business purchased interest rate swaps. Do I need to do anything?
7. My farming business bought an interest rate swap or swaps from one of the named banks. Am I going to get compensation?
8. How long will it take for an outcome on the case?
9. My farming business purchased a swap from one of the banks identified by the Commission. I am in financial difficulty with the bank. How will these proceedings affect me and what should I do?
10. I have settled a complaint with one of the banks named over the sale of interest rate swaps? Can I still assist the Commission?
11. I am worried that if I help the Commission in its proceedings there may be repercussions against me or my business by the bank I deal with?
12. What about swaps sold by other banks?
13. My business purchased swaps but it is not involved in farming. Do you want to hear from me?

Documents
█ Interest Rate Swaps Investigation – Proposed Legal Proceedings Questions and Answers 17 December 2013 (PDF, 50 KB) Published on 17 December 2013
█ Notes for meeting with Damien O’Connor MP on Interest Rate Swaps Investigation 9 May 2013 (PDF, 41 KB) Published on 10 May 2013
█ Interest Rate Swaps Investigation Questions and Answers March 2013 (PDF, 88 KB) Published on 27 March 2013
█ Interest Rate Swaps Investigation Questionnaire March 2013 (PDF, 47 KB) Published on 10 May 2013

ComCom Link

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Posted by Elizabeth Kerr

Eiontown killing it: Plans for upmarket convention centre + NTT hot pools

Another reason to avoid fubar stadium at Dunedin for hosting your little seminar of six people. It’s all over to Queenstown….

Artist’s impression of a $25 million hot pools complex proposal for QLDC’s Lakeview Holiday Park site [image via Mountain Scene]

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### scene.co.nz Monday 16 Dec 2013
Tribe and Queenstown council in $25m hot pools talks
Maori tribe Ngai Tahu wants to make a bigger splash on Queenstown’s tourism scene with a $25 million hot pools complex. Today’s announcement says Ngai Tahu Tourism is in early discussions with the resort council over leasing 0.75 hectares of prime public land in the Lakeview site on Man Street. The Lakeview site is being pushed by Queenstown Lakes District Council as the preferred home for a $50m convention centre proposal, possibly linked to a casino-hotel complex to be built by SkyCity Entertainment Group. Ngai Tahu’s proposed development would include about 12 large public hot pools, four smaller private hot pools, changing facilities, a health spa, reception and retail building, and a café-restaurant. Annual patronage is projected at 300,000 to 350,000 customers. Ngai Tahu is already a major property and tourism player in the resort.
Read more

ODT: $25m hotpool plan for resort

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Posted by Elizabeth Kerr

DCC: Mr Avery, your choice —infrastructure maintenance or flood damage?

The council would investigate problems at the corner of St Andrew and George Sts.

### ODT Online Tue, 17 Dec 2013
Storm floods city shops
Parts of Dunedin were flooded late yesterday afternoon when a thunderstorm struck, causing havoc for some central-city businesses. In less than 30 minutes, 15mm of rain fell in the central city, with 18.8mm falling between 4pm and 5pm. Water washed into about 20 businesses, mostly in George St between the Wall Street mall and the St Andrew St intersection.
Read more + Images

An LGOIMA request to uncover and unblock the city council’s infrastructure services (actual) activity log of street maintenance works as well as the record of council consultation with affected building owners (including City Property for Wall Street Mall which cops it every time there’s a slight deluge…), and all associated complaints received by the council would be useful in “forward planning”.

As for temporary road closures in the CBD during heavy rain and flooding, what is the history? Have there been attempts to do this in the past? During yesterday’s rain there was certainly enough time to effect temporary stopping to help minimise damage to property caused by vehicle movement.

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### dunedintv.co.nz July 15, 2013 – 8:02pm
Council will consider the cost of rain damage to the city
The Dunedin City Council will tomorrow consider the cost of damage to the city from storms and rain.
Video

What came of this consideration? Apparently, nothing for the CBD.

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Dunedin City Council – Media Release 17 June 2013
Heavy Rain Causes Flooding, Slips
Contractors are busy clearing slips and fallen trees from Dunedin roads after heavy rain causes problems across the wider city. Cont/

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DCC Three Waters Strategy…
Management of Water Wastewater and Stormwater (The 3 Waters)
Our main objective is to protect public health and safety by delivering enough safe drinking water to, and safely removing waste and storm water from, everyone connected to the network, with minimal impact on the environment and at an acceptable financial cost. We also aim to provide protection from flooding and erosion as well as controlling and reducing pollution in stormwater discharges to waterways and the sea. As well as delivering services today, we need to plan for the future, making sure we will be able to deliver the service that future generations will need. Cont/

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Dunedin City Council – Media Release 06 Dec 2013
City Care Confirmed as Contractor
City Care has been awarded the tender to maintain Dunedin’s water and wastewater network. The contract, which starts on 28 February 2014, is expected to deliver annual savings of at least $350,000. The annual contract value is $4.6 million a year, with an additional $159,000 of transition costs in the first year. City Care employees will carry out the maintenance work on the water and wastewater network, such as turning up to fix a burst water main or a blocked sewer. Cont/

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Posted by Elizabeth Kerr

DCC team building at your expense (2 events)

Updated post 16.12.13

Comment at ODT Online:
Not convinced
Submitted by topsy on Mon, 16/12/2013 – 1:08am.
“council’s senior managers met the cost of alcohol personally”. Not 100% clear on this comment. Did the managers pay from their own pocket ? Or did they each pay from their respective department’s personal budget, as opposed to the bill being paid by the DCC as a lump sum?
Read more

1.
ODT reports “a budget-conscious Christmas party (12 December), with senior managers picking up the booze bill”; you paid for free nibbles (350 pax) and entertainment, and the venue (DPAG not available for external commercial hireage). Cost to ratepayers not including the venue estimated as $2530.

2.
Last ODT reports “Mayor Dave Cull, councillors and members of the council’s executive leadership team, together with their partners, enjoyed a Christmas function in Middlemarch” (8 December). This was tied to “a teambuilding exercise and familiarisation trip for new councillors”. You paid for bike hire ($360), a barbeque ($875; “partially BYO”), bus travel (no figure), and train travel to Pukerangi (care of Taieri Gorge Railway, a council-controlled trading organisation). Total cost to ratepayers unknown.

The mayor, Liability Cull says the council “as an good employer, wanted to acknowledge the festive season without ”penny-pinching” but while being responsible…Clearly we are being very prudent, as we should be.”

You paid for these —unsurprisingly, one was held on Kate Wilson’s turf.

Could you call these a spree?
Were either of the events necessary?
The councillors and staff do receive rather excellent pay.
Why would we pay for partners?
Is this gravytrain or sleazy or important?
How many reading this have got $360 to spend on recreational bike hire, and altogether don’t mind their rates being used this way?

Think about this at your next potluck or porridge day held at home.

Was this unwise, something you would rather not happen?
Could the council have volunteered its collective resources to the community in a way that adds value, outside council work hours (for example, a working bee)?
Other thoughts?
What is team building – isn’t that cemented into all council work, every day?
Community fundraiser, really?

We should generously embrace this very minor self-entitled ‘bonus’?
Or not sneeze?

Link to ODT story

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Related Post and Comments:
24.10.13 DCC in-house catering, pruned like CCC?

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Posted by Elizabeth Kerr

*Image: telegraph.co.uk – piggy bank re-imaged by Whatifdunedin
[uncanny cartoon resemblance to Athol and Ms Howard]

Highlanders “Buy Us” entertainment: Obnoxious, noxious PROFESSIONAL RUGBY —stay away DCC !!!

One other possible investor could be Dunedin Venues Management Ltd as a shareholding in the Highlanders would keep the side playing at Forsyth Barr Stadium for the foreseeable future. –Steve Hepburn

### ODT Online Wed, 11 Dec 2013
Rugby: ORFU keen to be stakeholder in privatised Highlanders
By Steve Hepburn
The NZRU said yesterday the Highlanders were being considered for privatisation next year. The Otago Rugby Football Union is keen to be a stakeholder in the southern franchise, but whether the union has the financial muscle to get involved is still open to question although any discussion is months away.
Read more

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DVML is drowning in debt and is on shaky management ground (there is more to say about that in coming days).

ORFU is the entity DCC has continually ‘helped’ to the tune of hundreds of millions of dollars over a considerable number of years without qualification, openly, illicitly — without the required checks and balances in place to conservatively and prudently manage ratepayer funds — DCC has been the unsanctionable open chequebook of assistance to a fraudulent sporting regime.

No doubt Mr Mayor Rugby-is-Us Cull (with ex Cr Brown and the like pulling strings), the DVML Boys, and the money-laundering GOBs of Dunedin… will want to buy a rugby team. Because the GOBs/ORFU sure as hell did not buy the stadium – they connived and deceived to have it gifted by all ratepayers and residents such that the city council’s consolidated debt is $623 million and rising. They haven’t raised the (conditional) $45 million in private sector funding they promised to the stadium construction project. And now, they want MORE.

Disgusting.

█ ODT 11.12.13 A levelled playing field – the end of Carisbrook

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Posted by Elizabeth Kerr

ORC restructures directorates

Otago Regional Council – Media Release
ORC reshapes executive management team

Monday, 09 December 2013

The Otago Regional Council’s executive management team has been redeveloped to better align it with extensive work programmes being implemented over the next seven years. ORC chief executive Peter Bodeker announced that appointments had been made to two new positions created following a review of the council’s directorate structure.
Fraser McRae has been appointed to the position of Director, Policy Planning and Resource Management, and Dr Gavin Palmer has been appointed as Director, Engineering, Natural Hazards and Science. Mr Bodeker said Mr McRae’s position would incorporate the functions previously located in the Resource Management portfolio and Dr Palmer would take on the roles held within the Environmental Information and Science portfolio.

“With a good deal of work to be done to help the community implement new water quality (Plan Change 6A) and water quantity (Plan Change 1C) requirements in the Otago Water Plan, it is crucial to have better integration of the executive roles,” Mr Bodeker said. “This restructure will expedite and improve the delivery of these work programmes which already overlap within our current directorate structure.”

In addition a new position, Director, Stakeholder Engagement, would be advertised that would oversee the council’s communications and community liaison activities. Mr Bodeker said ORC delivered a huge range of services to the community.

“I want to ensure we strengthen our connection to our communities and deliver our programmes effectively to everyone using council services.”

For more information contact
Peter Bodeker
Chief executive
Otago Regional Council
Ph 0274 998 328

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ODT 10.12.13 Two ORC directors’ jobs disestablished

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Posted by Elizabeth Kerr

DCC putting up cover, walls paper thin [risk exposure VERY HIGH]

Don’t believe the garbage. The garbage was built by Dunedin City Council, Dunedin City Treasury Ltd, and Dunedin City Holdings Ltd. The City (again) is slapped by a wet Standard & Poor’s bus ticket.

It is not difficult to fathom that the situation with the City’s finances is far worse than at Kaipara District Council.

The Dunedin City mayor and councillors are mostly TOO STUPID to know any different than to grant applause – the Lunatics have taken over the Asylum, NOT the conservative and prudent management of the City’s finances.

Not one Lunatic City Councillor has any idea of the exact state of the City finances, of the exact type of financial instruments being used to ‘support’ +$623 MILLION of council consolidated debt, or of the exact risk exposure compounding by those instruments. The Lunatics actually believe as gospel truth Standard & Poor’s credit rating report (“stable”). Oh. My. God.

Lunatic Mayor and Councillors’ ability to apply powers of discovery, analysis and interpretation to the City’s financial instruments and the degree of risk exposure — with ultimate effect on Ratepayers and Residents — is a difference not unlike that of a nuclear scientist and a child rolling snow balls. RIP DCC. While the new apprentice CEO smiles.

Here are the white lies in writing:

—

Dunedin City Council – Media Release

Improved Financial Rating Outlook for DCC
The Dunedin City Council’s consistent efforts to achieve its financial targets have been rewarded

This item was published on 09 Dec 2013.

In a Research Update released today, Standard and Poor’s (S & P) has revised the DCC’s outlook to stable, taking the organisation off a negative outlook. It confirmed an AA long-term and A-1+ short-term issuer credit ratings. Mayor of Dunedin Dave Cull says the announcement is great news.

“This is an acknowledgement of the continued hard work by elected members and staff to reduce operational spending and debt levels.”

In November 2012, S & P confirmed the DCC group credit rating at AA long term and A-1+ in the short term, but put Dunedin on a negative outlook. This was not a downgrade, but the agency made it clear the DCC needed to follow through with its tough financial targets. In its 2013 update, S & P states the outlook revision to stable reflects the DCC’s improved liquidity and budgetary performance.

“We expect these improvements to be sustained, allowing Dunedin to reduce its debt burden.”

The agency also considered the likelihood of significant adverse findings from the Auditor-General’s inquiry into Delta Utility Services Ltd (a DCC company) to be low.

“The ratings reflect our view of New Zealand’s predictable and supportive institutional framework, plus our very positive view of Dunedin’s financial management, and the council’s strong budgetary performance. The outlook revision reflects Dunedin’s improved liquidity and budgetary performance, which we expect to be sustained, allowing Dunedin to reduce its debt burden.”

The revised outlook was announced at today’s full Council meeting, where a vote of thanks to staff was recorded, amid applause. S & P is expected to release its full report in about a week.

Contact Mayor of Dunedin on 477 4000.

DCC Link

—

Via ODT (and DCC Spooks):

DCC’s credit rating up
Dunedin city councillors burst into applause as it was confirmed yesterday international credit agency Standard and Poor’s had lifted its negative outlook for the Dunedin City Council. The news – delivered part-way through yesterday’s full council meeting – also left Mayor Dave Cull claiming vindication despite his critics.
http://www.odt.co.nz/news/dunedin/284751/dccs-credit-rating

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Related Post and (fresh) Comments:
3.12.13 LGNZ: OAG report on Kaipara

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Posted by Elizabeth Kerr

UNICEF NZ statement on child poverty monitor

“The Monitor tells us that 159,000 children (60% of those in poverty) are living in poverty for long periods of time. Living in persistent poverty will undermine a child’s physical, mental, emotional and social wellbeing with the potential for long-term damage.”

UNICEF NZ Statement on Child Poverty Monitor
Monday, 9 December 2013, 10:05 am
Press Release: UNICEF

UNICEF NZ Statement on Child Poverty Monitor, Released Today by OCC

The inaugural Child Poverty Monitor, released today (Monday, 9 December) by the Office of the Children’s Commissioner (OCC), JR McKenzie Trust and the NZ Child and Youth Epidemiology Service at Otago University, contains some deeply concerning figures. However, it is an important step forward for tracking how well New Zealand is doing in giving children the standard of living they need.
Deborah Morris-Travers, UNICEF New Zealand Advocacy Manager, said, “It’s of significant concern that 10% of Kiwi Kids – twice the rate of the New Zealand population as a whole – are living in severe poverty.
Read more at Scoop

Welcome to the First Child Poverty Monitor Technical Report
Monday, 9 December 2013, 9:44 am
Press Release: Child Poverty Monitor

Welcome to the First Child Poverty Monitor Technical Report

This Technical Report marks a new step in monitoring child poverty and social health indicators in New Zealand. It began with a partnership being established between the Office of the Children’s Commissioner, the University of Otago’s New Zealand Child and Youth Epidemiology Service (NZCYES) and the J R McKenzie Trust. This partnership saw a gap in publicly-available child poverty measures, and is addressing this gap by compiling, publishing and disseminating annual measurements on child poverty in New Zealand.
Last year, the Children’s Commissioner’s Expert Advisory Group (EAG) on Solutions to Child Poverty recommended that a suite of measures capturing different aspects of child poverty be measured and reported annually. We are fulfilling this recommendation. This new Technical Report builds on the Children’s Social Health Monitor (CSHM) produced by the NZCYES since 2009. We have added additional indicators that enable us to monitor child poverty in New Zealand. Along with this full Technical Report we have produced very high level information on the key measures of child poverty, which are available at http://www.childpoverty.co.nz.
We want to promote the common use of rigorous measures of poverty, so we can stop debating about the measure and start fixing the problem.

More info\

Report: 2013_Child_Poverty_Monitor_Technical_Report_MASTER.pdf

****

### stuff.co.nz Last updated 05:00 09/12/2013
One in four Kiwi children living in poverty
By Ben Heather – Dominion Post
More children living in crammed homes are ending up in hospital, as a new report shows one in four children remain mired in poverty. A new rigorous measure of child poverty released today shows that about one in six Kiwi children are going without basic necessities. This could mean not having a bed, delaying a doctor’s visit or missing out on meals. It also shows hospital admissions for children with medical conditions linked to poverty are rising. Tens of thousands of children are admitted every year for respiratory and infectious diseases associated with living in damp, overcrowded homes. “I see these poor preschool children in crowded homes that are cold and damp coming in with skin infections. They are filling our wards,” Children’s Commissioner Russell Wills, a Hawke’s Bay paediatrician, said.

Children, particularly the youngest, remain the most impoverished group of New Zealanders, three times more likely to live in poverty than those past retirement age.

And the gap between those going without and the rest is showing no signs of narrowing, with children born to solo beneficiary parents by far the most likely to get sick or injured. But child poverty is also reaching far beyond beneficiaries, with about two out of five impoverished kids living in working families. Overall 265,000 children live in poverty, which is measured by children living in households with less than 60 per cent of the median income after housing costs.
The report, called the Child Poverty Monitor, was commissioned by Dr Wills after the Government rejected calls to start a comprehensive measure of child poverty.
Read more

STATE OF CHILD POVERTY (via Dominion Post)

█ 265,000 children live in poverty, defined by income.
█ 1 in 3 Maori and Pacific children live in poverty.
█ 1 in 7 European children live in poverty.
█ 1 in 6 struggle to afford basic necessities such as healthcare and clothing.
█ 1 in 10 suffer from severe poverty, lacking basic necessities and adequate income.
█ 3 out of 5 will be living in poverty for much of their childhood.
█ 51 per cent are from sole parent families. 60 per cent are from beneficiary families.

****

Radio New Zealand National
Nine to Noon with Kathryn Ryan
http://www.radionz.co.nz/national/programmes/ninetonoon
Monday 9 December 2013
The inaugural Child Poverty Monitor ( 11′ 30″ )
09:35 Dr Liz Craig is a Senior Clinical Epidemiologist at the University of Otago.
Audio | Download: Ogg  |  MP3

—

Related Posts and Comments:
29.8.12 Beloved Prime Minister ‘Jonkey’ speaking #childpoverty
17.2.12 Salvation Army: The Growing Divide
26.11.11 2011 Voices of Poverty: Research into poverty in Dunedin
23.11.11 Last night, did John Key watch Inside New Zealand (TV3): Inside Child Poverty

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Posted by Elizabeth Kerr

SFO budget slashed, how useful were they ?! #politicalinterference

### stuff.co.nz Last updated 13:38 08/12/2013
Serious Fraud Office faces cutback
By Andrea Vance – Sunday Star-Times
A 25 per cent funding cut means the Serious Fraud Office will take on less cases, MPs were told this week. Funding to the agency is forecast to decline by 24.7 per cent from $10.180 million in 2013/14 to $7.670 in 2014/15. Parliament’s law and order select committee heard that the number of complaints received has more than doubled from around 200 to 435. But chief executive Julie Read told MPs the agency will have to prioritise the work it does, taking on two out of six low level cases as a deterrent.

“I think it is fair to say that the way we prioritise cases probably changed at the beginning of the Global Financial Crisis overall…I’ve anticipated that foundation will continue but we may have to adopt some additional tactics depending on the nature of the cases.”
–Julie Read

The committee heard the agency is starting to see more corruption and bribery complaints often at the lower level, than bigger finance company cases. In the year ending June 2013, 30 new investigations were launched.
Read more

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Related Posts and Comments:
5.12.13 Swann case: ODHB/SDHB and friends
3.12.13 LGNZ: OAG report on Kaipara
15.10.13 NZRU, ORFU blasphemies etc
11.10.13 New Zealand: Pokie trusts same everywhere #pokierorts
10.10.13 Whistleblowers’ message heard ??! #OtagoRacingClub #pokierorts
26.8.13 NZ rorts and sports —dependence on gambling and white collar crime
7.8.13 SFO goes for disgraced lawyer John Milne, but wait . . .
1.8.13 Politicians keeping DIA/SFO quiet on ORFU and TTCF #pokierorts
15.7.13 Leave Otago white collar criminals ALONE, and other unfairness
29.6.13 Audit NZ and OAG clean bill of health —Suspicious!
18.6.13 SFO investigates Taupo District Council
31.3.13 Internal Affairs and Auditor General stuff up bigtime #pokierorts
15.3.13 DCC: Stephens gone. It took way too long. [WHY did he go?]
21.2.13 DIA, SFO investigation #pokierorts
11.2.13 Recognising whistleblowers
21.2.12 Kaipara this time

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Posted by Elizabeth Kerr

Corruption in NZ Sport: Where has John Key PM been hiding ???

● The Trusts Charitable Foundation (TTCF Inc) ● The Trusts Community Foundation Ltd (TTCF Ltd) ● Otago Rugby Football Union (ORFU) ● Professional Rugby ● Centre of Excellence for Amateur Sport ● Harness Racing ● Department of Internal Affairs (DIA) ● Gambling Commission ● Pokies ● Rorts ● Organised Crime ● Serious Fraud ● Political Interference

All-time classic lines from Dear John, Prime Minister and Minister of Tourism:

### NZ Herald Online 3:21 PM Thursday Dec 5, 2013
Allegations are ‘very, very serious’ – Key
By Dylan Cleaver
Prime Minister John Key said it would be “very, very serious” if match fixing allegations against three former New Zealand cricketers were proved true. “New Zealand is a country that sees itself as a very above-board, honest place both to do business and to play sport so it would be deeply concerning if this was factually correct.”
“New Zealanders expect sport to be played fairly and they expect sports men and women to perform – in a way which upholds the ethics of their sport and not to be doing it to make money in an underhand way.”
“It would be a very, very serious issue indeed if it is proved to be correct.”
NZH Link

Fairfax go further through Stuff, with McCully (Minister of Foreign Affairs and Minister for Sport and Recreation) doing a great line in used car sales:

### stuff.co.nz Last updated 15:06 05/12/2013
NZC won’t name trio in corruption investigation
By Matt Richens, Stacey Kirk and Fairfax Media
. . . CORRUPTION REPORT
The news comes within a week of the Government releasing a long-awaited report into corruption in New Zealand sport in which it asserted there was little for Kiwi sports fans to be concerned about. Sports Minister Murray McCully revealed few details of the nine-month investigation which was prompted by the scandal in Australia around doping and betting in sport. But McCully promised New Zealand would ramp up its fight against corruption in sport by implementing greater information-sharing among government and sporting bodies to stamp out potential match-fixing, doping and illegal activity. He added that a national match-fixing policy would also be established in 2014.
“The report found no evidence of widespread drug use or organised crime in New Zealand sport,” McCully said. “But it would be naive to think New Zealand is insulated from these problems. This is why we are taking pre-emptive steps to safeguard our athletes and clean sporting reputation.”
The report was instigated after the Australia Crime Commission earlier this year linked organised crime and banned substances to several Australian sporting codes including rugby league and Australian Rules football. But Sport New Zealand (SNZ) concluded there was little need for the Government, sporting or law-enforcement agencies to conduct a similar investigation in New Zealand.
Stuff Link

FACTSHEETS
● Organised Crime and Drugs in Sport New Zealand assessment and report
● New Zealand Policy on Sports Match-Fixing and Related Corruption

Note the assessment and report DO NOT extend to corruption, fraud and organised crime exercised in other ‘ways’ by New Zealand sporting entities to showcase, develop, and finance their activities in the bid to remain ‘solvent’
[by any means, it seems].

█ Enter the term *pokies* in the search box at right to find related posts and comments related to professional rugby, corruption, fraud, whistleblowing, and government departmental/political connections.

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Posted by Elizabeth Kerr

Swann case: ODHB/SDHB and friends

The following are worth a querulous read —especially, the comments added by Anonymous in reply to Andrew Kelly with regards to persons past and present at the DHB (District Health Board) in governance and upper management, who it appears have never been properly investigated.

And while some stolen monies have been recovered lately via trust accounts, surely Iain Fyfe has more to say; and Peter Ibbotson, something for the first time… he’s yet to be interrogated by SFO and NZ Police. Both men, with thumbscrews applied.

—

OPINION
Blog: Andrew Kelly – Author Blog
Sunday, 4 August 2013
Chapter 2: False Invoice Fraud – Michael Swann and Kerry Harford
My interest in fraud here in New Zealand dates back to September 2010 when I watched (in disbelief) a news item on Michael Swann’s six-year long, $16.9 million false invoice fraud. The end result of which is the (now rewritten) six chapters of “Anatomy of Fraud” you’ll find on this Blog. I must say a special thanks to my patient reviewer: Mark Piper. I hope you enjoy reading them as much as I did writing them.
Read more

****

OPINION
Society for the Promotion of Community Standards (SPCS)
Michael Swann, Checketts McKay Law, Fraud and Otago DHB’s missing $6 Million: Report
Thursday, 11 November 2010
[excerpts] Checketts McKay Law, Barristers and Solicitors – based in Central Otago, with offices in Wanaka, Cromwell and [Alexandra] […] has five principals, including a Mr Iain Grant Fyfe, who in 1997 was a founding applicant and shareholder in Computer South Limited” […] Mr Iain Grant Fyfe, one of five partners in Checketts McKay Law, held 33 of the total of 100 ordinary shares in Computer South Ltd from 20 March 1997 until 22 September 2006. His share was transferred to the company’s director, Peter Bruce Ibbotson, a plumber, just days before Swann was suspended from his job at ODHB after it had commenced an inquiry into his financial affairs while on the Board. The share transfer was effected on line by Kathleen Bennett of Checketts McKay (Wanaka). […] Iain Fyfe, principal of Checketts McKay has been identified by the SFO as a co-owner of tainted property purchased with the proceeds of crime and involved in a trust that owned other tainted properties (purchased using the proceeds of crime). […] Checketts McKay and Iain Fyfe were listed as respondents in Proceeds of Crimes Act proceedings against Swann by the Solicitor-general who successfully sought restraining orders against a number of assets including Central Otago “tainted properties”. […] It would appear that forensic investigations into the financial/accounting records of the various trusts set up by Checketts McKay law firm to ‘hide’ Swann’s properties, some involving [Anna Devereux] and/or Ibbotson and/or Fyfe, may well provide answers for the police as to the whereabouts of much of the money.
Read more

[via SPCS] The main companies involved in the Michael Swann/Kerry Hartford fraud case:

• Sonnford Solutions Ltd (formed 7 Nov 2001) owned by Kerry Harford. Sent invoices to ODHB for computer risk mitigation services. Received 10% of monies. Paid tax and employees.

• Computer South Ltd (incorporated 20 March 1997), operated by Michael Swann. Inaugural shareholders wife Anna Devereux, Devereux Family Trust, lawyer Grant Fyfe and Peter Ibbotson. No employees or tax returns. Received 90% of monies.

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ODT 14.11.13 Thomson still out in cold
ODT 12.3.09 ‘Astonishing greed’ sunk Swann
ODT 6.12.08 Events in Swann case played out from 1996 [timeline]

—

Related Post and Comments:
15.7.13 Leave Otago white collar criminals ALONE, and other unfairness

—

Posted by Elizabeth Kerr

Dunedin cycleways: Calvin Oaten greeted by DCC silence

Received.
Tuesday, December 03, 2013 4:38 PM

Subject: Fwd: Transport Strategy

Calvin Oaten notes:
As you can see I copied [the below] to most. So far, the only response has been Cr Lee Vandervis. He agrees. [Chief executive] Sue Bidrose hasn’t come back with so much as a “rubbish” or “interesting”.
The rest, well I am wondering if this new crop are going to be any better than the last. You would think I would get shot out of the water by at least Cr Richard Thomson, but nothing. All I want is to open up the debate.
Looks like it is just too hard for them to think about the issue. Get elected, get the remuneration sorted and then back to sleep. “El Duce”, of course, wishes I was on another planet.

—

—— Forwarded Message
From: Calvin Oaten
Date: 1 December 2013 11:33:36 AM NZDT
To: Dave Cull
Cc: Hilary Calvert, Jinty McTavish, Lee Vandervis, John Bezett, Kate Wilson, Chris Staynes, Mike Lord, Aaron Hawkins, Neville Peat, Doug Hall, Andrew Noone, David Benson-Pope, Sue Bidrose, Richard Thomson
Subject: Fwd: Transport Strategy

Hello Dave,
I have been reading the article Sharing the Road by Shane Gilchrist in Saturday’s ODT, and was particularly interested in your comments. You point out the reason why council began this process in the first place: “It’s about safety on Dunedin’s one-way system.” “Council, in collaboration with the NZTA, is both resolved and obligated to make our one-way street system safer. That’s what we asked NZTA to do after the last death. Let’s be clear: It is the NZTA’s responsibility to make state highways safer.” A very laudable position, but is the seeming solution necessarily the right one?

To me it is a philosophical question: If it is purely about safety and preservation of life then surely cyclists on the one-way would be wrong. History has proven that. If it is about ‘freedom of choice’ then it would be a matter for responsible persons or parents to weigh up the situation then opt for a choice, it being on their own heads. Either way, nothing would need to be done to alter the status quo. I would have no problem with that.

Then there is the matter of alternatives.

LGNZ: OAG report on Kaipara

Updated Post 7.12.13

Link received.
Saturday, December 07, 2013 4:29 PM

Anonymous says:
[An acquaintance] has been very involved with uncovering the Kaipara scandal. We’ve decided it is a genetic fiesty gene. You may be interested in putting up the following Youtube link… There are very similar parallels with the DCC!
See what you think.

Published on 22 Nov 2013. Ecocare Bear.

Mangawhai, Kaipara: When Government Goes Bad!!
Mangawhai Ratepayers and Residents Association (MRRA) goes to court in 2014. Please make donations now at http://www.MRRA.org.nz. We need your support to challenge Kaipara Council’s illegal contracts, illegal loans, 100% rates increases and abuse of law. If successful, our court ruling will help all Kiwis stop out-of-control spending by Councils around New Zealand

****

[via Far North email copy to Whatif? Dunedin]

OAG report on Kaipara
3 December 2013

Dear Mayors, Chairs and Chief Executives

This afternoon, The Office of the Auditor General released its report on the Kaipara District Council’s delivery of its wastewater project at Mangawhai and very shortly will be briefing media. The 400 plus page report (and summary report) is a sobering read. Media coverage is likely to be severe and we need to be ready for that. We would ask that you pass this communication on to all members of your council.

—

In summary, the Council’s management exhibited a lack of basic financial and project management expertise and little acknowledgement of relevant risks. Kaipara’s councillors also failed to assume governance responsibility for the project, assess its risks and ask the appropriate questions.

It would appear that the only positives [sic] outcomes are that Mangawhai now has a wastewater system that works and has capacity to cater for future growth. Although governance failures are not new in private, public or local government sectors, the report has highlighted significant management and governance failures and successive poor performance with Kaipara District Council’s delivery of its wastewater project.

This performance is not acceptable for local government, whether in the past, present or in the future. As all of us are acutely aware, it reflects very poorly on the sector. However, the issues have occurred – we now need to learn the lessons and take ownership of the broader governance concerns that the OAG has raised.

OAG’s report outlined areas for public sector entities to be aware of based on lessons learnt – these are outlined below. Without doubt there are many strongly governed councils in New Zealand but, as with any organisation, we can always improve. If a focus on governance ensures that a Kaipara is not repeated then the entire sector will gain from that, just as the reputation of the sector is tarnished when things go wrong on such a scale.

As we’ve discussed previously, LGNZ is introducing initiatives to lift the bar. The success of these initiatives will depend on member buy-in. In this regard, the Kaipara episode provides a powerful incentive for the membership to come together to support one another in ensuring that collectively we will strive to ensure that poor performance on this scale is never repeated.

Post-elections training for elected members is now complete. In early 2014, we will launch governance training in conjunction with the Institute of Directors to assess and improve current governance practices in councils. Councils will need to fund this training. In the light of Kaipara, I encourage you to think of such training as an investment in good outcomes and not as an unjustifiable cost.

LGNZ is also soon to introduce its centre for advice and best practice, and has articulated a strong future focus for the sector on financial effectiveness and value. Indeed, a soft launch is already underway with some councils already accessing LGNZ for advice on matters that will form a key focus of the Centre of Excellence.

Governance will be a core focus in the coming triennium. I recommend that you and your council review the report – the 40-page summary may assist here – and consider the relevance of the messages for your council. LGNZ will shortly issue a media release and I will front media as required – we need to acknowledge where there have been failings and show what we are doing to lift performance.

I will continue to write on this subject – including an article which may feature in national media in coming days and in IoD’s [Institute of Directors] Boardroom magazine later this month. It is important that our stakeholders and the public know we are strongly committed to good governance. The video clip on our recent major issues seminar held in Wellington on 21 November – “Why good governance matters in local government” – is available here on our website – this is useful viewing.

I have also provided my speech here. Michael Stiassny, Vice-President of IoD, has made several pertinent points for the sector to consider. We will continue the dialogue, and if you have any feedback for Malcolm [malcolm.alexander @ lgnz.co.nz] or myself [lawrence.yule @ hdc.govt.nz] on this subject, or any other, then please email us.

Kind regards

Lawrence Yule
President

Local Government New Zealand

OAG’s advice to public entities on lesson learnt:

Accountability
● Public entities should be meticulous about legality
● Good record-keeping is the foundation of effective accountability
● Workshops can supplement formal Council meetings, but not replace them
● Contractors need to be tied into public sector accountability mechanisms

Governance
● Understand the role and stick to it
● Common sense is a legitimate governance tool
● Understand what you need assurance on and where you will get it from
● Audit committees can provide useful support

Management
● There are limits to contracting out
● It is important to maintain appropriate financial management capacity and capability and to stick to your sphere of competence
● Project governance and management is important

PPP arrangements
● Do not underestimate what is involved in a PPP arrangement
● Accounting should not drive the decision to enter into a PPP
● Transfer of risk is not an end in itself
● PPPs are unlikely to succeed fully if the contract is not for “the complete package”

Feedback [info @ lgnz.co.nz]

——————————————————————-

[via scoop.co.nz]

Kaipara review shows a need to lift governance performance
Tuesday, 3 December 2013, 2:33 pm
Press Release: Local Government NZ
http://www.scoop.co.nz/stories/PO1312/S00024/kaipara-review-shows-a-need-to-lift-governance-performance.htm

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Related Posts and Comments:
12.11.13 Northland council amalgamation
29.6.13 Audit NZ and OAG clean bill of health —Suspicious!
21.4.13 Councils “in stchook” —finance & policy analyst Larry.N.Mitchell
19.3.12 Local government reform
21.2.12 Kaipara this time
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Posted by Elizabeth Kerr