Re Delta : Message to Dunedin City Councillors

Dear Councillors

It comes to our attention that a decision to be made by Dunedin City Council should Not proceed today.

Mr Graham Crombie, chairman of DCHL, it appears, wants you to depend on a commercial valuation supplied to Gold Band Finance.

This valuation must Not be relied on.

Councillors must obtain independent advice and the Council’s own valuation(s) before committing themselves to any decision about Delta.

Defer any decision making in favour of Diligence and Independence. Further diligence!

All is not what it seems with Mr Crombie.

Ask : Why is Mr Crombie trying to move DCC along at such pace, with undue Haste ? What is that about. Ask : What are his links to the Christchurch finance and development communities ?

Ask.

Elizabeth Kerr | Site Owner

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17 Comments

Filed under Business, Construction, DCC, DCHL, Delta, Democracy, Economics, Finance, Housing, Infrastructure, Name, New Zealand, OAG, Ombudsman, People, Perversion, Politics, Project management, Property, Public interest, Resource management, Site, Travesty

17 responses to “Re Delta : Message to Dunedin City Councillors

  1. Hype O'Thermia

    “Mr Graham Crombie, chairman of DCHL, it appears to want you to depend on a commercial valuation supplied to Gold Band Finance.”

    “Crs Lee Vandervis and Hilary Calvert requested Delta chief executive Grady Cameron be made available to ask questions at the meeting, but this was declined by DCHL chairman Graham Crombie.” /dunedinstadium.wordpress.com/2016/08/01/delta-epicfail-the-end-game-according-to-cd/#comment-75474

    “Ask : Why is Mr Crombie trying to move DCC along at such pace, with undue Haste ?”

    “Anyone who listened to the interview yesterday
    [Hilary Calvert interviewed on Access Radio]
    will be unsurprised at Mayor Cull’s refusal to let any of our other elected representatives – councillors – attempt to extract information not willingly offered up by Delta’s chief executive.” dunedinstadium.wordpress.com/2016/08/01/delta-epicfail-the-end-game-according-to-cd/#comment-75474

    Put these together, add the relentless advance of time towards October and a likely change of -ahem- personnel in Council following the election…..
    Draw your conclusions on a postcard, burn it and swallow the ashes. Secrecy is The Word. Transparency was pre-election ad-speak for Vote For Us and be in the draw for a set of steak knives.

  2. Elizabeth

    Received from Colin Stokes
    Mon, 1 Aug 2016 at 12:51 p.m.


     

    From: Colin Stokes
    Sent: Monday, 1 August 2016 12:51 p.m.
    To: ‘dbensonp@dcc.govt.nz’; ‘john.bezett@dcc.govt.nz’; ‘hcalvert@dcc.govt.nz’; ‘doug.hall@dcc.govt.nz’; ‘aaron.hawkins@dcc.govt.nz’; ‘mlord@dcc.govt.nz’; ‘jmactavi@dcc.govt.nz’; ‘anoone@dcc.govt.nz’; ‘npeat@dcc.govt.nz’; ‘cstaynes@dcc.govt.nz’; ‘rthomson@dcc.govt.nz’; ‘lee@vandervision.co.nz’; ‘andrew.whiley@dcc.govt.nz’; ‘kwilson@dcc.govt.nz’; ‘mayor@dcc.govt.nz’; ‘Sue.Bidrose@dcc.govt.nz’
    Cc: ‘Gary Dixon’; ‘david.smillie@gallawaycookallan.co.nz’; ‘ian.paton@xtra.co.nz’; ‘Greg Smith’
    Subject: Gary Dixon email
    Importance: High

    Dear Mayor, Councillors and Delta personnel,

    I’ve just received the below email written last Friday.
    I respond openly and transparently and invite any questions for clarification or evidence of the matters I advise of to assist your decision making.
    I’ve indented my response in brown [italics].

    Kind regards
    Colin
    021 2200622

    PS I am happy to answer questions by phone during your meeting today

    {Italics below in black indicate comments by Colin Stokes. -Eds}

    From: Gary Dixon
    Sent: Friday, 29 July 2016 1:55 p.m.
    To: Grant McKenzie
    Cc: Grady Cameron; Ian Parton (ian.parton@xtra.co.nz); David Smillie (david.smillie@gallawaycookallan.co.nz)
    Subject: Emails from Lot 9 owner at Yaldhurst Village 

    Grant,

    Further to my previous message earlier today, we thought it would be useful to provide the following summary in response to the allegations by Mr Stokes in his latest correspondence to the Mayor and Dunedin City Councillors.

    ● We reject the allegations made in relation to Delta as without basis.  There is a longstanding dispute between the developer, Noble Investments Limited, and neighbouring properties that has delayed titles being issued for the Yaldhurst subdivision. The caveats relate to this historical dispute between the developer and some of the adjoining land owners, not Delta. The historical dispute is the subject of legal proceedings between Lot 9 and the developer which we understand involve both claims and counterclaims between the parties.  

    There was no historic dispute when Delta entered the frey on 2009. Noble owed us roads and services at their cost from 2002 and 2008 agreements and were promising to provide them. Noble and Delta through their lawyers asked us for our caveators consent for Delta to register a mortgage behind our caveats specifically for these interests which we did.

    We’ve recently acquired evidence that before asking for our consent that Delta and Noble and Gold Band and joined in a consortium specifically designed to circumvent our caveats protecting these known, undisputed, and agreed interests. There is no dispute that we were ever owed theses interests, just whether the interests were caveatable until provided.

    The Appeals Court quashed Associate Judge Osborne’s earlier findings and Nobles fresh attacks, and ruled that the caveats are to remain until the interests are provided, or the substantive proceedings on foot decided.

    ● Previous claims by lot 9 owners have been heard and dismissed by the Court.  We consider the latest judgment of the High Court as recently as last Friday  reflects a clear view of the lack of merit of the old, and new, claims of the Lot 9 Owners.

    We have been to the Court of Appeal to successfully quash Judge Osbourne’s rulings, and have appealed this one to. Significant information on Delta and Gold Band Finance’s action has come to light through Discovery, information which had not previously been available, and which was not considered by the High Court because that application was not about the substantive matter of constructive fraud, it was about our lateness of filing the appeal (caused by Gold Band and Delta’s partner Noble failing to provide discovery to us on time).

    ● Since 2013, Delta and other parties have attempted several times to find a solution that enabled both Lot 9’s approved subdivision and the Yaldhurst development to proceed, without success.

    Delta and others provided illusory offers which provided no protection – even Gold Band’s lawyers admitted this. Delta and Gold Band, through Gary Dixon and Murray Frost, after agreeing to a solution then reneged on it.

    ● Delta’s role at Yaldhurst  was that of a contractor, not the developer, and as such followed instructions given by the developer and engineers to the project.

    A better description of Delta would be that of a joint venture party.
    1/ Noble enticed the transfer of the land off the neighbours for the promise of services;
    2/ Gold Band “protected” the land from people pursuing their prior interests with small mortgage over all 9 titles in the 25 hectares;
    3/ Delta provided the finance care of Dunedin ratepayers;
    Joint Venture/ they all entered into a “confidential Security Sharing” agreement specifically mentioning and designing a way to circumvent them “remove the obstacle”.

    The consortium had designed this circumvention prior to approaching us for our caveators consent to Deltas second mortgage (which came with conditions and promises to include our interests). They then proceeded to design and construct us out of the subdivision.

    ● Delta requested mortgages over the land as security of payment for the works it was contracted by the developer to complete.

    The consent for Delta’s $5m mortgage was given by Lot 9 owners on the basis that it would include the interests due to us. Delta acknowledged this through its lawyer. It turned out that the consent for the mortgage lead to Lot 9 being covertly and deliberately cut out of the subdivision with Deltas knowledge.

    ● The works performed by Delta under security sharing arrangements added value to the property by moving it closer to being able to title sections and commercial lots.

    As above, the works cut Lot 9 and all of the other neighbours out of the development. They had transferred 80% of their land for the sole consideration of roading and services being provided to their remaining 20% at the developers cost. The land transferred for the development is essential to provide for the neighbours subdivisions, including stormwater basin land etc. The Appeals Court in that jurisdiction agreed the land must be legally protected for that.

    ● Delta has encouraged discussions with the lot 9 owners for about 4 years (at a time when the developer, Noble, no longer had the financial ability to continue the project) to try and resolve the issues. As part of those discussions, a pathway to enable lot 9 to develop their land was always offered and has continued to be offered to the present time,

    The offers required us to remove our caveats and to trust that the developer Noble would provide the roading and services we required. Noble had already displayed it had no intention of doing so. Through LGOIMA requests we found the developer had designed us out of the subdivision even before he enticed us to transfer our land for inclusion in it. Delta also knew we’d been designed and constructed out of the subdivision as they were doing the physical works for it.

    ● Delta asked Gold Band to include in mortgagee sale documentation a requirement for any purchaser to provide lot 9 with access to services including storm water disposal,

    No such requirement was inserted. Delta has control over its Partner Gold Band in their Security Sharing agreements, plus owns a majority 67.5% of the first mortgage. It had control (and the legal requirement to act in good faith) to require that our prior interests WERE provided for in the sale. Gold Band offered “interim easements” that “automatically extinguished” without providing or protecting a single thing. They were the same illusory trick that we’d become used to from Noble.

    ● The current conditional purchaser has also agreed to a similar provision with the only related conditions being matters that lot 9 can agree to at no cost to them and which will enable the subdivision to proceed,

    Delta, Noble and Gold Band refuse to even tell us who the new purchaser is. Any new purchaser, and the evidence indicates its related to the same people, could likewise bully their way with the development without our consent and continue to cut us out of the subdivision.

    ● Mr Stokes indicates two causes of action for joining Delta to his claims: Delta deliberately deprived them of their ability to develop and Delta acted fraudulently in establishing the security sharing agreement. The responses to those claims are very simple:
    – Delta was a contractor, not the developer, and as such followed the Noble engineer instructions without knowing how those instructions might have impacted neighbour’s contractual rights,

    Delta was provided copies and knowledge of our contract conditions and knew that following Nobles instructions defrauded us.

    – The land transfer fraud / unconscionable conduct allegations involving Delta and Gold Band have already been considered by the High Court in the decision last year and found to not even be arguable,

    Since that decision we have received further evidence including from Delta’s lawyer describing how Noble, Gold Band and Delta planned to circumvent our caveats. This occurred before they formed their consortium and joint venture to do so, and before Noble and Delta approached us for our caveators consent for Deltas mortgage.

    ● In relation to Lot 9’s most recent request to buy-out the Gold Band mortgage, Gold Band’s lawyers have corresponded with Lot 9 and their lawyers and we are confident that Gold Band has complied with its obligations under the Property Law Act and the security sharing deed with Delta.  Lot 9 was provided with the figure required to buy out that mortgage and they did not complete it.  

    Gold Band illegally demanded that we redeem the first mortgage for $16.4 million dollars despite admitting it was not worth at least $8m dollars less than.

    Delta has also been put on notice that we rely on s102 in our request to redeem their 67.5% share of the first mortgage. For them to sell this share would be a breach of the Property Law Act. It’s unfortunate that it was necessary to join Delta and Gold Band to the proceedings for their part in this constructive fraud but they left us no other option with their threat to ignore our request to redeem for the second time. Authorising any sale while we have requested to redeem and transfer it is in direct contravention of the Property law Act.

    It needs to be asked why Mr Dixon is supporting Gold Band and Nobles plans when it requires that Dunedin ratepayers lose multiple millions of dollars, and when Delta have and/or could have over $28 million secured as first-ranking first and second registered mortgages protecting all of it.

    ● Lot 9 seems to have done everything it can think of to delay this project.  

    This is ridiculous. Our subdivision provisions were due as per our contract in August 2008. We want them as soon as possible. The delay has cost a fortune, as have the Court proceedings to protect our interests. Protecting our subdivision with caveats delayed nothing. Noble raised over $28 million in funding with our caveats in place, and we consented to mortgages behind our caveats. Noble’s consortium, including Delta, just reneged on providing what they agreed to provide.

    ● Given the previous judgements by the High Court in favour of Delta’s position, the continued public claims being made by Mr Stokes in particular, are probably defamatory by implication of Delta personnel.  At some point that may need to be addressed, however our current preference is not to waste further time and energy on dealing with a party who appears to have more interest in litigation than resolution.

    I welcome bringing the facts of this matter further in to the public forum. We have emails from Noble and Delta whereby they discuss “passing the property to a new company” where Noble and its personnels’ interests are looked after at the expense of “Delta taking a serious haircut”, and of defrauding the neighbours in that process.  

    We would also note that the purchase price of the current contract reflects a full market valuation assessment dated 30 June 2015.  Also, that there is no relationship between Gold Band Finance and Delta, other than the disclosed security sharing deeds and that the parties share a common overdue debtor.

    The English definition of “relationship includes “The condition or fact of being related; connection or association.” Delta are joint venture and “Security Sharing” partners with Gold Band (and Noble) as described above, and also a partners on the First Mortgage (albeit illegally according to s84 of the Property Law Act which Judge Osborne had overlooked.) No matter how many times Delta repeat that they are not in a relationship with Gold Band doesn’t change the fact that they are.

    Please let me know if there is anything further you require.

    Regards
    Gary

     
    [ends]

  3. Elizabeth

    “History is one damned thing after another.” –Mark Twain

  4. Elizabeth

    What happens if you do No Diligence, compared to what most Dunedin ratepayers and residents would do to hire a campervan for freedom camping at Warrington Domain, or buy a house ?

    What happens if you are the Council ?
    Do you release sanguine papers into public domain after it all goes wrong ?

    Shades of Fair Go happen.
    Where you ask ? Where does Fair Go happen ?

    That’s something a Council must work out.
    Poop and loo paper all through the undergrowth happens – with cameras and bugs that dwell.

    Hmm. Seems like the whole story is right there recorded – full of promise for Fair Go.

    Where you ask ?
    “Where does Fair Go happen ???” You squeal.

    Exterminators on the case.

  5. Elizabeth

    Fueled by Ramen Published on Jun 21, 2016
    twenty one pilots: Heathens (from Suicide Squad: The Album) [OFFICIAL VIDEO]

    You’ll never know the psychopath sitting next to you
    You’ll never know the murderer sitting next to you
    You’ll think, “How’d I get here, sitting next to you?”
    But after all I’ve said
    Please don’t forget

    All my friends are heathens. Take it slow
    Wait for them to ask you who you know
    Please don’t make any sudden moves
    You don’t know the half of the abuse

    We don’t deal with outsiders very well
    They say newcomers have a certain smell
    You have trust issues, not to mention
    They say they can smell your intentions

  6. Elizabeth

    Fact: It was stated in public by the mayor today that the Council meeting was Mr Grant McKenzie’s last.

  7. Elizabeth

    Local Government Official Meetings and Information Act (LGOIMA) request:

    From: officialinformation @dcc.govt.nz
    Sent: Monday, 1 August 2016 8:16 p.m.
    To: Elizabeth Kerr
    Subject: Confirmation of receipt of LGOIMA request – 554765

    Dear Elizabeth

    Thank you for your request for information. A response will be provided as soon as reasonably practicable but in any event within 20 working days.

    If you have any questions about your request, please email official.information@dcc.govt.nz and quote reference number: 554765

    Governance Support Team

    Below are the details of the request

    Your request:
    I wish to request the Audio File and the Reports of the public and non public meeting of the Dunedin City Council today (1 August 2016) that concern Delta Utility Services Ltd – together with Dunedin City Holdings Ltd. Thank you.

    File attachment
    No file uploaded

    [ends]

  8. Gurglars

    Just what is a Frey that it can be entered (see line one) what type of spelling training do these $350,000 men and $400 per hour lawyers undergo?

  9. Gurglars

    Oh got it, Frey is from the game of thrones, most of the Delta communication has been fiction, so this is actually apt!

    • Elizabeth

      What happens when you (the landowner/caveator) need to type so quickly to get the email through 10 minutes before Councillors meet in Non Public –

      predictive text predictive outcome of ignore
      Today : Predictive

      frey : Who are the Freys in Game of Thrones?

      A: Thomson/Crombie [orchestration – strings percussion a dislocution]

      Wait for them to ask you who you know

  10. Gurglars

    My mistake Captain! Fired on the allies! Scrap that bar to the Croix de Guerre!

    • Elizabeth

      Wrong

      DCC DRIVE RATEPAYERS BUST
      and the Privateers of Christchurch get our rates funds for FREE

      Graham Crombie – farking resign !!!!
      Richard Thomson – farking ditto !!!!

  11. Peter

    What is the likelihood of any of these gentlemen […] going to court in Christchurch to face questioning over Delta/DCHL/DCC’s part in the fraud case put forward by the plaintiffs?
    Can the ratepayers in Dunedin be reassured by this if we take it the legal process is thorough and beyond approach?

    {Moderated. Independently led legal action(s) at Christchurch are just that. -Eds}

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