Updated post – emails added below
Fri, 29 Jul 2016 at 2:20 p.m.
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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 ?
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[click to enlarge]
Attachment: 2016 07 28 s102 Stokes Smith Gold Band_Delta_DCC
![Email from Colin Stokes [plaintiff] to DCC Thu, 28 July 2016 at 7.59 pm - copied](https://dunedinstadium.files.wordpress.com/2016/07/email-from-colin-stokes-plaintiff-to-dcc-thu-28-july-2016-at-7-59-pm-copied.jpg)
****
Additional emails received today:
Attachment: Fourth amended statement of claim joining GB and Delta
![Emails from Colin Stokes [plaintiff] to DCC and others Fri, 29 July 2016 at 9.17 am - copied](https://dunedinstadium.files.wordpress.com/2016/07/emails-from-colin-stokes-plaintiff-to-dcc-and-others-fri-29-july-2016-at-9-17-am-copied3.jpg)
█ For more, enter the terms *delta*, *noble* or *epic fraud* in the search box at right.
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Posted by Elizabeth Kerr
Election Year. This post is offered in the public interest.
What if? Dunedin... 
N O ● R E L A T I O N S H I P
Dunedin City Council Published on Feb 28, 2016
Dunedin City Council – Council Meeting – February 22 2016
Coverage of the Dunedin City Council Meeting held on Monday February 22 2016. Minutes, agendas and reports related to this meeting can be found at http://goo.gl/UgGlnx
█ 50 minutes 15 seconds into the meeting video:
Cr Calvert “What is the relationship between Gold Band and Delta – financially and any other…?”
GCFO Grant McKenzie “So – um – there is no relationship. The only thing they have in common is an overdue debt.”
****
From an earlier comment at What if? Dunedin:
Council meeting 22 Feb 2015
[NB. The following excerpt has DRAFT status Only before the meeting video is released; taken from quick pen notes – not solid verbatim. I missed the first part of the meeting.]
Agenda item 16
DCHL Group of Companies Financials for the Six
Months Ended 31 December 2015
DCHL chairman Graham Crombie and DCC/DCHL GCFO Grant McKenzie have made themselves available to answer questions from the Mayor and Councillors.
Cr Hilary Calvert:
….[Thanks] the team for ever increasing transparency and better books to us. But, rather awkward… we have a report to Councillors behind closed doors, [as well as the reports tabled] which does or doesn’t help….
Mayor Dave Cull interjects:
Be clear about what you insinuate.
Cr Calvert:
If what we’re being told in a non-public briefing is the same as the published [DCHL] reports…. why not questions in a more public venue?….[but] when we see something a little different….
Noted: GCFO has a foot in each camp [DCC / DCHL]
Cr Calvert:
….Councillors’ interactions with CCOs is through Mr Crombie, he needs to get more up to speed – Grant [McKenzie] could do this for Mr Crombie, to be up to speed.
Mayor Cull points out the GCFO is responsible “to us”.
Cr Calvert: [Noble]
1. What is the relationship between Gold Band and Delta ?
Mr McKenzie:
No relationship – only thing in common is the overdue debt. Both are fellow creditors.
Cr Calvert: [Noble]
2. Has Delta got any role with respect to the [Yaldhurst] land purchase, via the mortgagee sale, tenders closed last Friday ?
Cr Kate Wilson: Point of Order
Question not relevant to accounts for the last six months.
Mayor Cull: Point of Order
[….] the six months to 31 December 2015.
Cr Wilson:
Questions [are] restricted to what’s happening on our agenda.
Cr Calvert: [Noble]
Who is owed, and how much to Delta ? In what order ?
Mr McKenzie:
That information is not available. Gold Band and Delta both have first mortgages.
….
Mayor Cull:
The questions are largely rhetorical.
Cr Calvert: [Noble]
These accounts have money that’s owed to us.
Mayor Cull: Point of Order
Make the next question pertinent.
Cr Calvert: [Noble]
Are we owed the $13M on top of the $11M that’s owed ?
Mr Crombie:
Delta’s debt is the $13.3M as shown in the financial statements [this figure via] independent assessors – a valuer and an auditor have assessed it as the amount. […] The collectable amount is $13.3M …is recoverable. The $24M owed is brought back to $13.3M
Cr Calvert: [Noble]
Is any of the money, does it include any other money back into Delta, the first mortgage taken last year to secure debt ?
….
Cr Lee Vandervis:
Re ODT 18/3/15, Mr Crombie – (this relates to 2013 to keep Cr Wilson at bay) – can you put a figure on the penalty interest, ie on unpaid accounts, the effect on DCC ?
Delta bought $1.5M of Gold Band mortgage prior to 31 December 2015….
Mayor Cull:
Move on. You [Mr Crombie] are not required to answer.
Cr Vandervis:
Another question. Avanti Finance had $1.5M of mortgage bought by Delta prior to 31 December 2015.
Prior to 31 December 2015 was ex Delta director Mike Coburn employed as a consultant ?
[No answers. Shut down by Mayor Cull.]
Cr Vandervis: No point in being here.
….
After further time, 16.1 was moved, seconded and the vote carried.
Cr Vandervis abstained from voting – for the reason, to be recorded: “Cannot get my very specific questions answered in this forum or any other.”
Remember when Cull campaigned for mayor, saying he and Greater Dunedin were intent on “transparency”?
I wonder if it was a definition problem. You know, a case of looking up the meaning online but accidentally clicking on “opposite”. So, it’s late and you don’t notice. “Transparency” is a popular word, people react favourably to it. Such a pity the one you intended to use, after you’d checked the spelling and meaning so as not to look foolish, was “opacity”.
Received from Cr Vandervis
Friday, 29 July 2016 1:57 p.m.
—
—— Forwarded Message
From: Lee Vandervis
Date: Fri, 29 Jul 2016 13:55:07 +1200
To: Vaughan Elder [ODT], EditorODT, Nicholas George S Smith [Allied Press], Julian Smith [Allied Press]
Conversation: Noble subdivision Media release
Subject: Noble subdivision Media release
….
Media Release – for immediate release
Mayoral candidate and Dunedin Councillor Lee Vandervis has again taken issue with the bail-outs and poor returns of DELTA, the Council’s infrastructure company, due to its years of failed subdivision investments and business acquisitions.
“I am appalled that DELTA is once again coming to Council with worse news of their Noble subdivision speculation requiring Council decisions on more millions of dollars” says Cr Vandervis. “This is the second time this has occurred in recent years, with Council expected to make decisions on yet another multimillion dollar DELTA subdivision mess on Monday.”
“DELTA needs to stop using Dunedin’s ratepayers as the ‘bank of last resort’. It has done this before over its’ failed Jacks Point/Luggate subdivision which lost more than half of the $14 million of public money ‘invested’.
Unfortunately DELTA’s directors, Chief Executive and senior managers appear to have learned nothing from the Jack’s Point/Luggate experience, and have now repeated similar mistakes at the ChCh Noble subdivision.
Claims in March of last year by Mayor Cull and DCHL Chair Crombie that “They’ve just got a bad debt and they’re trying to get their money,” have been proven untrue by information from the Companies Office, as has the early claimed ‘$2.8 million’ scale of monies owed.
This is a very serious management failure, and one that I’m calling on Mayor Cull to address as a matter of urgency”, says Cr Vandervis. “The seriousness of the Noble subdivision issue is highlighted by the $10 million dollar DCHL limit, above which DCC companies have to come to Council for such a large decision.”
“Because Dunedin ratepayers are the ‘bank of last resort’, Councillors are now expected to vote on another massive financial lurch regarding the subdivision investment at Noble, with only the statutory 2 working days agenda notice and no DELTA CEO proposed to directly answer questions.” says Cr Vandervis. “Staff have had the Noble agenda information for weeks and should have pre-circulated it to all Councillors.”
Accordingly, Cr Vandervis is calling on all Councillors to support his and Cr. Calvert’s demand that DELTA’s Chief Executive report to the full council to answer questions before Councillors make a decision. “In the circumstances, getting up-to-date information in person from the Chief Executive is not just prudent but necessary”, says Cr Vandervis. “If we were a commercial lender to an organisation in as much trouble as DELTA, we would be insisting on regular direct updates. I think Dunedin’s ratepayers should expect the same accountability as any high street bank.”
“I am also deeply disappointed in Mayor Cull for letting the DELTA situation deteriorate to this point, especially since my Jacks/Point/Luggate exposure and Noble warning emails and requests over the last 16 months”, says Cr Vandervis. “I have almost 300 sent-items emails on the Noble subdivision, a similar number to my sent-items on the ill-fated Jacks Pont/Luggate subdivision. Both these DELTA fiascos have turned to custard on Mayor Cull’s watch despite my years of warnings relayed from my ChCh and Queenstown business acquaintances. As Mayor, Mr Cull is ultimately accountable for these failures. Given the scale of the losses at the Jacks Point/Luggate subdivision, I would have expected Mayor Cull to learn and insist on a large-scale management cleansing at DELTA, to ensure that the same mistakes weren’t made again. Yet here we are just a few years later, and we’re in a similar loss position to Jacks Point/Luggate because of Mayor Cull’s failure to act and his lack of commercial understanding.”
“When I am elected Mayor, I will see to it that this sort of financial disaster for Dunedin ratepayers is not repeated”, says Cr Vandervis.
—— Forwarded Message
From: Lee Vandervis
Date: Thu, 28 Jul 2016 09:48:48 +1200
To: Sandy Graham, Sue Bidrose, Andrew Noone, Andrew Whiley, Chris Staynes, Doug Hall, Hilary Calvert, John Bezett, Jinty MacTavish, Kate Wilson, Lee Vandervis, Mayor Cull, Mike Lord, Neville Peat, Richard Thomson, David Benson-Pope, Aaron Hawkins
Conversation: Report on Delta securities in ChCh subdivision
Subject: Report on Delta securities in ChCh subdivision
Dear Sandy and Sue,
Further to Cr. Calvert’s request that DELTA CEO Grady Cameron be present at the non-public 1pm 1st August Council meeting to answer questions, I too wish to ask questions directly of Mr Cameron, rather than only through DCHL Chair Crombie.
This for several reasons including:
1 – getting answers from the horses mouth when asking horsey questions of a complicated series of contractual issues which DELTA has engaged in makes more sense than asking these questions of the stable manager.
2 – there has been a serious disconnect obvious in the last two years between DELTA information supplied to us by DCHL Chair Mr. Crombie, and DELTA information verifiable from the public domain and from the Companies Office.
For example when Mr Crombie told us [and the public] well over a year ago on the 18th of March 2015:
a – “Delta is confident of being paid a ‘significant portion’ of a potential bad debt”
b – “The subdivision was ”basically all ready to go”
c – “Mr Crombie said the situation should not be compared with Delta’s costly failed property investment at Jacks Point…”
d – “It’s a potential bad debt as opposed to a property development,”
e – “Last year, the loss was reported to be about $2.8 million before expected offsetting with tax credits.”
f – “They’ve just got a bad debt and they’re trying to get their money”
It is now proven that the Noble subdivision loses were not just a bad debt [or just $2.8 million] as claimed, but that DELTA had invested millions in the subdivision by way of Gold band Finance and Avanti Finance [in addition to the bad debt for infrastructure work] as reported publicly in the Gold Band Finance Prospectus of 2013.
When I asked for confirmation of the actual number of millions of these extra investments that were not just a bad debt, Mr Crombie failed to answer and Mayor Cull shut the line of questioning down erroneously claiming the figures were probably confidential.
In the last 2 years the reported loss of ‘just a bad debt’ of $2.8 million has exploded to $13.3 million, plus unspecified extra interest costs of potentially another $8+ million [already written off?], plus very significant legal costs fighting subdivision caveators some of whom are now suing DELTA for contractual constructive fraud.
Given the misleading DELTA information we have had second-hand over the last two years, it is not only desirable but necessary that that DELTA’s CEO is available to directly answer questions to which he directly knows the answers.
Kind regards,
Cr. Vandervis
[text of ODT Online article incorporated into email, see below -Eds]
—— End of Forwarded Message
ENDS
—— End of Forwarded Message
Mayor Cull has seriously compromised the office by his jaundiced handling of the agenda. Particularly with his treatment of Crs Calvert and Vandervis. His biases are so blatant as to be inexcusable. He has to go.
Calvin, here is the jingle devised by Spike Milligan, 1960:
“He’s got to go ‘Ouw’
he’s got to go ‘Ouw’
he’s got to go ‘hm hm hm hm’
if he wants to go ‘Ouw'”.
Council Meeting – February 22 2016
Watch and listen to the rather germane prayer at video start —sage precursor to the troubled Council meeting itself (because here we are Today, five months later):
OPENING PRAYER: Reverend Greg Hughson, University Chaplain
Rev Hughson begins:
“I would like thank the mayor and council for all you’re doing to prepare for the arrival of Syrian refugees, it’s an area that I’m involved with.
Today I’m going to base my prayer on one of your agenda items, it’s Item 17 and Attachment A : DCC Strategic Framework Accountabilities.
So when you get to this item on the agenda, remember the prayer.
Let’s pray: We pray, loving God, for the city council as they work for accountabilities from those companies that are accountable to them. Bless, we pray [for] all the council controlled trading organisations that report to council, and we pray that they will indeed help people feel connected and involved in community and city affairs.”
[continues]
Dunedin City Council
Well, talking about making prayer relevant to the common lot. Us. Listen up, bros.
An article in today’s National Business Review headlined:
“Dunedin Council facing subdivision lawsuit”
—
[paywall] Fri 29 Jul 16
‘Dunedin City Council-owned company Delta Utility Services is facing a lawsuit and potential further difficulty in recovering $13.3 million it effectively lent to a Christchurch property developer.’ -Eds
[extract]
Tim Hunter at NBR 29.7.16 (page 4)
Delta tries to talk tough further down the column – about to be knuckled every which way by the claimants and the owner/shareholder Dunedin City Council….. if Delta and DCHL aren’t more forthcoming, suddenly.
About the mortgagee sale – as Tim says, “The buyer has not been named.” But we all know that Delta is with the purchasing consortium in some way. Things will get uglier before long.
DCC should get expert independent advice from well beyond Dunedin, as CD suggested months ago.
A shake down of the Delta Directors and Mr Crombie to reveal all they know will be fruitful. Pity it will take the expense of the New Zealand Court system to give it up ?
Christmas.
ODT’s Vaughan Elder puts the cat amongst the pigeons. Great work, Vaughan !!
Sat, 30 Jul 2016
ODT: Delta facing court action
Dunedin City Council-owned company Delta is facing court action after being accused of “constructive fraud” by neighbours of a controversial Christchurch subdivision. The accusation comes as Delta continues to chase $13.3 million in bad debt over infrastructure work it carried out for the Yaldhurst Village subdivision more than three years ago.
—
Denials from the sobered tie-straightening bully boys come thick and fast and still the claims of “no relationship”. This is crudely fantastical.
Dunedin ratepayers stand to lose millions of dollars…. in the face of pathetic attempts at ‘solidarity’ around knowing precisely nothing (the pallor of pretend innocence and business suits, with a young executive award thrown in for decoration) –and the paper thin hypocritical over reliance on one blithe court judgment, demanding technical appeal on a number of fronts. Don’t make this your loophole, boys. It will bite you.
Delta, who are your partners in the consortium ? Just answer that for the mortgagee sale, then everyone can work out who is owed what at which alarming rate of interest payable.
Is there life for Delta after this.
Hello Auditor-general and Others, artiving to pick the bones of DCC’s wondrous feeble attempts at governance of its companies. Good grief.
Kate is a lawyer. Was she not available for comment ?
All Councillors should be asked to comment – they got us here. Not sure if she has retained a practising certificate since moving into local body politics.
—
https://www.lawsociety.org.nz/for-lawyers/legal-practice/practising-certificates
A practising certificate certifies that the holder is a fit and proper person to practice law and allows them to describe themselves as ‘a lawyer’. It is an offence for someone without a current practising certificate to describe themselves as a lawyer.
Didn’t stop Michael Guest from causing mayhem.
Simon. There are sharp lawyers with a solid reputation built up over years. Then there are the others.
ODT has caught up with the existence of this issue at last: http://www.odt.co.nz/news/dunedin/392088/delta-facing-court-action
but don’t worry, there will be no fresh airing, no disinfection by sunlight for some time:
“The issue is set to be discussed behind closed doors at a council meeting on Monday, but details about what councillors will decide on remain hidden as it is included on the non-public part of the agenda.” ………
….. “Cr Vandervis compared the situation to the millions Delta lost on Jacks Point and Luggate, subdivisions.
“I am appalled that Delta is once again coming to council with worse news of their Noble subdivision speculation requiring council decisions on more millions of dollars.” ” …………..
…”Mr Cull disputed Cr Vandervis’ statement as “highly misleading and rather crude electioneering”….. “The full council will consider the matter on Monday and look at the options that are being presented to recover the debt owed to Delta following infrastructure work it carried out but was not paid for.”
The decision would not require more money from the council as Cr Vandervis was suggesting and once the council made a decision, the facts relating to the situation would be made public.”……….
Duck!
No it’s not, that’s never a quack. Ow, my head, clipped by a trotter of another low-flying pig.
—————————————
BOOK REVIEW
Your grandchildren are likely to have mixed feelings about still paying for this when they’re your age. While its themes are not new its production values suck and it’s held together with cheap glue, guaranteed to fall apart when subject to a scrutinising finger. On a more positive note were it more readily available to a wide readership some chronic issues with literacy, numeracy and credibility might be addressed, eventually.
Duck, Grady, duck.
Duck and dive.
See Grady duck.
See him dive.
He can duck and dive.
He dives for money.
See Grady thrive.
(from “Read With Gam-ma, Delta for Suckers” by Jacksy Point, a Little Golden Band publication)
You have got to have some sympathy for Grady and the Boys on the Board. How long do you stick together before you dump on the others so the shit in the fan doesn’t stick to you but on the others. My heart bleeds.
SITE NOTICE
This post and thread have Seriousness attached. For this reason we’re not accepting comments that are overtly frivolous time wasters (to use someone else’s worldly wise terminology) – if your comments have been deleted it’s because too little is too much. You’re welcome to try harder, on topic.
—
REITERATION
What do we mean by Serious ?
The Dunedin City Council owned company, Delta Utility Service Ltd, by joinder, is being had up for Constructive Fraud.
Delta have already made significant multimillion-dollar losses at Jacks Point and Luggate – but here we are again, Delta are now in a worse position because of (surprising) involvements in the beleaguered Noble Subdivision at Yaldhurst, Christchurch.
The complexities of Delta’s role and control have taken many posts to outline (find these using the terms *delta*, *noble* or *epic fraud* in the search box at right).
Expect more damage and loss depending on what the Dunedin City Council considers are now its options.
Our Council, none too bright in business, a law unto itself most days, already winded by +$600million consolidated debt…. with only about 55,000 ratepayers* to pick up the slack as more goes wrong. (Dunedin ratepayers’ debt is running at +$15,000 per capita, second only to Auckland).
*DCC 2016/17 Annual Plan | Section 2 – Financial Statements : Additional Information
—
Who is responsible for the state of affairs at Delta ?
Mayor of Dunedin David Cull (Dave)
and Councillors
Graham Crombie, DCHL Chairman
Grady Cameron, Delta Chief Executive
Gary Dixon, Delta Chief Financial Officer and General Manager Finance and Systems
Delta Board of Directors:
David John FROW
Trevor John KEMPTON
Stuart James MCLAUCHLAN (longest toady)
Ian Murray PARTON
Stephen Richard THOMPSON
—
Delta Utility Services Ltd
http://www.companies.govt.nz/co/453486
—
As advertised – Noble Subdivision, Yaldhurst
[click to enlarge]
![Yaldhurst Subdivision Harcourts [realestate.co.nz -2702107] 1](https://dunedinstadium.files.wordpress.com/2016/01/yaldhurst-subdivision-harcourts-realestate-co-nz-2702107-11.jpg?w=500&h=759)
Harcourts [realestate.co.nz -2702107]
Good for you. WifD eds do actually know the score. Until the bloody war is over, vague (ahem) impressionists, and those who see meaning in linear cypher can stow it. Two points for the interregnum? The site works because of the knowledge, attitude and gender of the Site Manager. Men are not so fearless in media, only Brian Edwards has been hauled before the Beak, a long time ago.
—
{One thread out of the many available here does not seem too harsh. -Eds}
i did enjoy the ‘Insight’ on the Stadium’s success’ today. I put the following posting on the Delta article: Chances of it appearing??
This issue requires a new insight!’
“More ratepayer dosh heading out of the door? This cannot be true! We clearly need a reality adjustment. My belief is that Allied Press do possess the necessary distortionary instruments to achieve this, given time and the necessary 4D goggles issued free to all readers.
I will therefore look forward to the future publication of one of these flashy new ODT ‘Insights’?? titled “Yaldhurst Subdivision Success/Delta takes on the big guns/ subdivision finance opponents’ QC’s reluctant to concede” in due course – All in the fourth dimension within the new cashless (ratepayer) society of course.
Another ODT article on Delta by Vaughan Elder appears in the new week, we hear.
“WHAHOO!!!” The Highlanders LOST!!! Flags at half mast by decree. What now Terry? We await with interest. DVML’s next annual report.
Has anyone in council, DCC, DVML, ODT heard about the concept of “nett, also spelled net? It’s not the same as gross takings. It’s not the same as handouts. It’s not the same as wishful thinking.
Something else it’s not: “The Neurological Emergencies Treatment Trials (NETT) Network is a large network dedicated toward emergency issues.”
Thanks, Google!
Emergency issues… yes, I see the connection.