Monthly Archives: July 2016

Delta #EpicFail —Epic Fraud #10 : The Beginning of the End : Grady Cameron and his Steam Shovel

Received from Christchurch Driver [CD]
Sun, 31 Jul 2016 at 1:18 a.m.

Dear Readers

We must give plaudits to Vaughan Elder of the ODT for Saturday’s front page article on Delta’s court action over the Noble Subdivision. Readers should remember that the new CEO of the ODT Grant McKenzie, Mr Elder’s employer, stated in a Council Meeting in February that there was “no relationship” between Gold Band Finance and Delta, and continued to perpetrate that myth in Saturday’s newspaper : Mr McKenzie “stood by comments he made at the council meeting at February”. That is a classic piece of misdirection, in that most people will read it and construe that Mr McKenzie is saying his comments in February were true and accurate, but of course it does not say that —Mr McKenzie has thrown a lifeline to himself so that when the good ship Delta sinks, he can say that he “stood by” his comments in so far as what he knew or had been definitively confirmed to him at the time —or some other carefully concocted excuse that may or may not be true.

But readers, tonight we are not concerned with Mr McKenzie (you can go now Mr McKenzie, we know you read this site….), but the dismal and desperate Mr Grady Cameron. Saturday’s article was very telling in many respects :

Firstly, when Delta thought it had a chance of controlling the issue back in February, it issued a general press release via Gary Dixon and made contact with What if? to deal with alleged “misinformation” that was being perpetrated (mostly by your correspondent). Back then, Mr Graham Crombie, the DCHL chair, was also wheeled out to add gravitas and to try to stabilise the situation, which failed miserably, as your correspondent was happy to predict. See the earlier post Tea & Taxing Questions (6 Mar 2016). It was suggested in that post that Mr Crombie conduct a personal risk register cost/benefit analysis, for any Noble involvement. Mr Crombie has read the tea leaves, and neither him nor any other director are anywhere to be seen. Mr Cameron (Grady) is all on his own.

KMBT_C554e-20140321160947

Let us examine the hole that Grady has dug for himself. Grady is quite clearly not really an earthmoving guy, and has obviously never read the early childhood earthmover’s bible written in 1939 by Virginia Lee Burton, Mike Mulligan and His Steam Shovel : Four corners…neat and square…four walls straight down…We’ve dug so fast and we’ve dug so well that we’ve quite forgotten to leave a way out! —Yes readers, there is no way out, for Grady.

Over a Choysa (No sugar please, it’s late), let us examine some of his statements in Saturday’s ODT.

In a response emailed to the ODT, Mr Cameron disagreed

Well Grady, how about sending out a general press release or an email, as you did in February so that others like What if? who have been on your trail for months, can verify what you are saying is factual, and you are not merely trying to sidestep Mr Elder who is new to the issue.

“We remain fully focused on recovering the outstanding debt owed to Delta from the developer and have securities in place for the amount owing.”

That is a disgraceful misrepresentation of the truth, Grady Cameron, and you know it is. Your DCHL chair Mr Crombie confirmed that the amount owed in March including interest, was over $24M, and you have security for $13.3M. This is beyond doubt because the recent court documents show you were willing to allow Gold Band to sell the mortgage for $16M, which included your second mortgage interest of $5M. This meant after Gold Band was paid its –current– share of the 32.5% of the First Mortgage, Delta would receive $13M. Mr Crombie also confirms you are not telling the truth because he said in the ODT (23 Feb 2016) that Delta would have to write off millions, but not to worry, it was only interest and it was “horrendous”.

The mortgagee sale was being conducted by Gold Band Finance, not Delta, he said.

Grady, with this statement you are not fit to remain as CEO any longer. Your disdain for the collective intelligence of Ratepayers is clearly in the gutter. You –Delta!, dictate what Gold Band can and cannot do. See the earlier post #EpicFail —Noble Subdivision: Cameron, Crombie and McKenzie (24 Feb 2016). Grady, you spent $3.39M on a very likely illegal 67.50% share of the Gold Band first mortgage so you could dictate to Gold Band what they can and can’t do, and you have promised to pay all their costs, “legal or otherwise”. You have already dictated to Gold Band that they cannot sell the first mortgage to the other landowners, who offered to buy it. This is confirmed in Gold Band emails in court documents.

How about answering these questions Grady :

When purchasing the partial first mortgage amounts, what interest rate did Delta have to pay for the first mortgage amounts ?

Was it 22.50% compounding, or a figure close to that? If Delta has to pay 22.50% interest, why do you think it is appropriate for Ratepayers to receive no interest on the $13M approx. of core debt that has been outstanding for six years ?

It (Delta) had not been involved in any unethical behaviour

We could have hours of entertainment with this one, but gravitas and the impending council meeting this Monday mean we must play it straight.

Grady, that is another disgusting fabrication.

mike-mulligan-and-his-steam-shovel-illustrations [childrensbooksguide.com] 1

Did you allow the ENTIRE SUBDIVISION WORK COMPLETED BY DELTA AT THE NOBLE SUBDIVISION to be completed NOT to the CCC CONSENT DRAWINGS AND SPECS, but to radically different specifications, with roadways that were 8 METRES NARROWER than the CCC Consent Requirements ?

Did this continue for AT LEAST 18 MONTHS from late 2009 to mid 2011 ?

Is it normal for Delta to ignore the local authority consent conditions for projects and simply suit themselves and their clients ?

If not, how on earth could you consider it “ethical” on this project ?

Did Delta install stormwater systems at the subdivision that were undersized to cater for the neighbours’ land, but continue to assure them that their interests were being catered for ?

Do you consider that actively trying to defeat “known prior interests in the land”, that were specified very clearly in the sale and purchase agreements for the land that the subdivision was being built upon, ethical behaviour ?

Do you think that attempting to have your $5M second mortgage, that was registered after various caveats were registered, paid ahead of the caveated interests is ethical ?

Do you say the following -extracted from the post Epic Fraud #5 – Delta and the ghostly hand of Tom Kain (12 Jul 2016)- shows ethical behaviour ?

Mr Smillie (Delta’s lawyer) in an email of 11 February 2011 sets out step by step how the deception will work :

1. NIL granting a registered mortgage to Delta.
2. Philpott etc consenting to registration of the mortgage but the caveat remains in place ahead of Delta’s mortgage.
3. Gold Band agrees to Delta having 1st priority
4. Gold Band agrees to hold its 1st registered mortgage on lot 19 on trust for Delta (To allow sale / enforcement by Delta if necessary so as to avoid caveat issues

Mr Smillie concludes by stating “while not ideal that seems to be as close as we can get to a 1st registered mortgage position for Delta given the caveat issue”.

If you consider it ethical, what would it take for you to find there was unethical behaviour —murder ?

Are you willing to state categorically that you will resign if any of these allegations are true ?

tried several times to find a solution […] on the neighbouring land.

Grady, did any of these solutions involve actually working with the neighbours, or merely trying to deceive and cheat them of their prior known interests.

Provide email evidence of any assertion that you sought to satisfy their interests.

If you allegedly ‘tried to find a solution’ why was it necessary to go about a constructive fraud, designed by Mr Smillie, as noted above to defeat their caveats.

He denied Delta’s actions over Yaldhurst had been reckless.

Grady, if Delta has not been “reckless” then by your lights, Delta has acted with some degree of prudence.
Let us back the truck up here.
You, personally, approved Delta’s involvement in this subdivision, in 2009, with full knowledge of the following :

a) The land was in fact not even owned by the Developer NIL, but in a complicated buy-back scenario with a lot of obligations to the landowners.
b) Has a third (or fourth) tier finance company, Gold Band Finance, as first mortgagee (because the banks would not lend on it).
c) The first mortgage loan amount was only $1.75M, it was fully drawn down, and the finance company Gold Band had NO ABILITY to advance any further funds to pay for Delta’s work.
d) No other second mortgage funding was in place to allow Delta to be paid.
e) The Developer NIL had no capacity at all to make payments to Delta from its own resources.
f) The Developer and Owners, Apple Fields and NIL, were well known commercial hazards and aggressive litigants.
g) The subdivision has 33KV overhead powerlines running through it, and has limited market appeal.
h) Delta would not be paid until the most or all of the sections were sold and paid for, and the industry at the time would have forecast around a two-year sell down period.

In other words, you approved $11M of work, in a dodgy subdivision project, that had no chance of ANY meaningful repayment, for at least three to four years, on the absolute best case scenario, until the sections were sold.

Grady, if you consider this NOT to be reckless commercial behaviour for a Ratepayer owned company, you need to be sacked, now.

KMBT_C554e-20140321160658

Readers, in conclusion, even in our children’s story, ‘Mike Mulligan’, there were consequences for non–performance. Grady, it looks as if the Delta Directors and DCHL have left you, and you are, indeed…. the weakest link, and expendable. Just like Mary-Anne, the steam shovel, along will come new management, just like the new diesel shovels, and electric shovels that made Mary-Anne redundant. There will be NO MORE WORK for you, and just like Mary-Anne, you will be GONE. “They left the canals, and the railroads, and the highways, and the airports, and the big cities, where no one wanted them any more….. and went away.”

Readers, if you have the patience, the best primer for the sorry saga is found in the first post Delta #EpicFail —Epic Fraud (5 Mar 2016).

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

Posted by Elizabeth Kerr

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

*Images: [lessons in creative destruction, a shocked Mary-Anne] Illustrations from Mike Mulligan and His Steam Shovel (1939), a book by Virginia Lee Burton – blog.acton.org | childrensbooksguide.com | blog.acton.org

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

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

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

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

Dear Readers

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

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

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

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

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

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

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

The email is reproduced below.

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

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

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

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

[click to enlarge]

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

Attachment: 2016 07 28 s102 Stokes Smith Gold Band_Delta_DCC

****

Additional emails received today:

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

Attachment: Fourth amended statement of claim joining GB and Delta

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

Posted by Elizabeth Kerr

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

22 Comments

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

Truthful Letters : Stadium + DCC #toobadaboutmayoralreply

ODT 27.7.16 (page 12)

ODT 27.7.16 Letters to editor Oaten Whiley p12 (1)[click to enlarge]

DEPLORABLE MULTIPLIERS [what more do we need ?]

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

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

It is wrong. Criminal. (metaphorically!)

****

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

Channel 39 Published on Jul 26, 2016

Posted by Elizabeth Kerr

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

36 Comments

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Gerrard Eckhoff does us All a favour

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

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

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

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

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

DCC rates-infation-chart

Received from Mike

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

rates

Posted by Elizabeth Kerr

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

17 Comments

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Labour messing with South Dunedin, like Cull, unbidden

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

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

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

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

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

Listening —what is that.

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

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

****

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

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

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

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

LAWRENCE YULE GO HOME

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

Posted by Elizabeth Kerr

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

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

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

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Calder Stewart pay up #Carisbrook

What will Dave and the greenies spend this loot on ?

ODT 23.7.16 (page 6)

2016-07-23 22.18.13

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

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

Posted by Elizabeth Kerr

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

7 Comments

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

duck-in-pond [shortzilla.com] 1

Taieri Times 13.7.16 (page 1)

Taieri Times 13.7.16 p1

Taieri Times 20.7.16 (page 8)

Taieri Times 20.7.16 p8

blacknwhiteswim [dadvmom.com] 1

Taieri Times 20.7.16 (page 7)

Taieri Times 20.7.16 p7 (1)

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

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

Posted by Elizabeth Kerr

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

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

9 Comments

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