Dairying, Housing : More on Resource Legislation Amendment Bill 2015

Irrigation [lincoln.ac.nz]

█ Interpretation of the existing RMA has led to dairy intensification destroying waterways and threatening public health and welfare, in large measure.
A bit of a tour….

### Stuff.co.nz Last updated 14:29, March 23 2016
Canterbury rumbly-gut outbreak linked to dairying
By Pat Deavoll
An outbreak of “rumbly-gut” among communities in Canterbury has Waikato veterinarian and agri-ecology consultant Alison Dewes concerned. She thinks the outbreak is the result of dairy intensification and irrigation contaminating public drinking water. Thirty per cent of the region’s shallow wells have already experienced an increase in nitrogen and pathogen levels after 10-15 years of irrigation on shallow lighter soils, she says. “We have the highest rates of ecoli diseases in the world, and the highest rate of campylobacter, cryptosporidia and giardia in communities in the Hinds region. We have the highest rates of zoonoses (disease spread from animals to humans) in the world in some of the irrigated/dairy catchments like Selwyn and Hinds and the government is promoting a further 40,000ha of irrigation in an already allocated and at risk catchment. Economics and dairy intensification are trumping public health and welfare.”
Read more

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### NZ Herald Online 8:42 AM Wednesday Mar 9, 2016
40pc of farms fail to lodge consents
By Zaryd Wilson – Wanganui Chronicle
Forty per cent of dairy farms required to lodge a resource consent application with Horizons Regional Council have not done so. A total of 229 dairy operations were required to have lodged an application by January 1 this year under the regional council’s One Plan, which aims to limit nitrogen pollution of waterways. The One Plan – adopted by the council in 2014 – limits nitrogen leaching by intensive farm operations, namely dairy, commercial horticulture, cropping and intensive sheep and beef farming. Figures released to the Chronicle under the Official Information Act reveal that only 137 of the 229 dairy operations which came under new rules have lodged consent applications. The new rules took effect on July 1 last year, and farms had six months – up until January 1 – to apply.
Read more

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Wetlands [nzarm.org.nz]

26.11.15 NZH: Resource Management Act reforms to be introduced
The Government will introduce its long awaited Resource Management Act reforms to Parliament next week after securing the support of the Maori Party. The reforms to the country’s main planning document stalled two years ago when National’s support partners refused to back them because of their potential impact on the environment.

Ministry for the Environment

█ About the Resource Legislation Amendment Bill 2015
This page has information on the amendments proposed in 2015 to the Resource Management Act 1991.

█ Resource Legislation Amendment Bill [New Zealand Legislation website]
The Resource Legislation Amendment Bill (the Bill) was introduced to Parliament on 26 November 2015.

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Leading New Zealand law firm Chapman Tripp say:
OPINION Most of the provisions in the Bill have been telegraphed in advance so there is little to surprise. If passed as drafted, it has the capacity to reduce costs and speed up planning processes – but probably only at the margins. For more radical and meaningful change we may have to await the results of the Productivity Commission’s inquiry into urban planning (see Chapman Tripp’s commentary here, dated 2.11.15).

RMA Reform Bill – busy with change but less than National wanted
Chapman Tripp 26 November 2015
OPINION The ‘phase two’ RMA reforms, initially to have been passed in 2014, have now finally been introduced to Parliament as the Resource Legislation Amendment Bill. The Bill is a busy piece of legislation running to more than 200 pages, and aims to help streamline planning and consenting processes. But National has had to abandon its proposals to remove the “hierarchy” some saw as enshrined in the existing Part 2 of the RMA, promoting environmental values ahead of economic development in sections six and seven. After the loss of the Northland seat to Winston Peters in March, it does not have the votes to get the wider and more far-reaching changes through. We look at the Bill:
Major changes
● Requiring councils to follow national planning templates (once such templates are available) with standardised provisions across the country.
● A range of measures aimed at producing faster, more flexible planning processes. These include: tighter timelines for plan production and the introduction of two new tracks – a collaborative track and a streamlined track.
● Reduced requirements for consents – allowing councils discretion not to require a resource consent for minor changes, creating a new 10 day fast-track for simple consents and eliminating the need for an RMA consent when consenting is provided for in other legislation.
● Stronger national direction – especially in relation to hot-button issues like providing for new housing or addressing dairy stock in rivers.
Read more

Blue skies review for urban planning – the take-off
Chapman Tripp 15 January 2016
OPINION The blue skies review into urban planning has now left the runway, with the release by the Productivity Commission before Christmas of an issues paper seeking feedback on possible directions for change.

Dunedin: Erosion issues at St Clair and Ocean Beach

Received from Paul Pope
Fri, 25 Mar 2016 at 3:01 p.m.

█ Message: I filmed this short video the other day and spliced in some information on how the erosion at St Clair actually happens. I don’t often use video, but it looks very compelling. I put it into the Beginners Guide to Coastal Conservation on Facebook yesterday and it’s had more than 7000 views, so people are interested in what’s going on.

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[view full screen]
Paul Pope Published on Mar 24, 2016
The Physics of Erosion
The erosion issues at St Clair Beach and the whole of Ocean Beach in Dunedin have become more and more serious in recent years. Understanding the reasons behind what people see at St Clair is very important. The community need to be able to make informed decisions about these damaging processes.

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Related Posts and Comments:
● 11.9.15 RAPID dune erosion continues —Council doesn’t give a toss
● 19.8.15 Paul Pope’s strategic overview of coastal conservation #Dunedin
● 11.8.15 DCC’s unmanaged retreat for South Dunedin
● 22.7.15 DCC Long Term Plan 2015/16 – 2024/25
10.4.15 DCC: Natural Hazards
28.3.15 DCC Draft Long Term Plan 2015/16 to 2024/25 —Consultation Open
23.11.13 DCC: St Clair esplanade and seawall [public forum] 27 November
18.10.13 DCC: Final vote tally + St Clair boat ramp
18.8.13 South Dunedin and other low lying areas
26.5.13 [bad news] St Clair seawall #FAIL
10.9.12 John Wilson Ocean Drive … reminder to all of DCC incompetence
30.7.12 ORC on hazard risks and land use controls
28.11.11 St Clair seawall and beach access

█ For more, enter the term *coastal* in the search box at right.

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Posted by Elizabeth Kerr

New Zealand Bill of Rights Act 1990 —Section 14

█ The Act (government legislation): http://www.legislation.govt.nz/act/public/1990/0109/latest/DLM224792.html

MINISTRY OF JUSTICE
About the New Zealand Bill of Rights Act 1990 (Guidelines) Link

The New Zealand Bill of Rights Act 1990 [NZBORA] was enacted to affirm, protect and promote human rights and fundamental freedoms in New Zealand. The Act also affirms New Zealand’s commitment to the International Convention on Civil and Political Rights (ICCPR) on which the rights and freedoms it contains are based.

When it was enacted, the Bill of Rights Act did not create any new rights but merely confirmed existing common law rights. The Act does not reflect all ICCPR rights; however, section 28 provides that, just because a right or freedom is not expressly provided for in the Act, that does not mean that the right or freedom does not exist or is otherwise restricted. The right or freedom is given effect by other legislation and by common law. For instance, while the ICCPR contains a right to privacy, the Bill of Rights does not. Nonetheless, the Privacy Act 1993, together with the common law tort of privacy, provides for rights of personal privacy.

The rights and freedoms
The Bill of Rights Act affirms the following rights and freedoms:
● the right not to be deprived of life (section 8)
● the right not to be subjected to torture or cruel treatment (section 9)
● the right not to be subjected to medical or scientific experimentation (section 10)
● the right to refuse to undergo medical treatment (section 11)
● electoral rights (section 12)
● the freedom of thought, conscience, and religion (section 13)
● the freedom of expression (section 14)
● the right to manifest religion and belief (section 15)
● the freedom of peaceful assembly (section 16)
● the freedom of association (section 17)
● the freedom of movement (section 18)
● the right to freedom from discrimination (section 19)
● rights of minorities (section 20)
● the right to be secure against unreasonable search and seizure (section 21)
● the right not to be arbitrarily arrested or detained (section 22)
● rights of persons arrested or detained (section 23)
● rights of persons charged with an offence (section 24)
● rights to minimum standards of criminal procedure (section 25)
● the right not to be liable to retroactive penalties or double jeopardy (section 26), and
● the right to natural justice (section 27).

Application
The Bill of Rights Act is designed to protect individuals (natural persons) and legal persons (such as corporations) from the actions of the State (section 29). The Act applies to any acts done by the legislative, executive or judicial branches of the government, or by any person or body performing a public function, power or duty conferred or imposed by or pursuant to law (section 3).

Limitations
The rights and freedoms contained in the Bill of Rights Act are not absolute but may only be subject to reasonable limits that are prescribed by law and can be “demonstrably justified in a free and democratic society”. If a limitation does not satisfy this test then the legislative provision, policy or practice is inconsistent with the relevant section of the Bill of Rights Act.

The Bill of Rights Act does not have the status of supreme law. This means that the Courts cannot use the Act to repeal, revoke, or invalidate other legislation. In the event of an inconsistency between the Bill of Rights Act and another enactment, the other enactment must prevail (section 4). The Bill of Rights Act, however, includes two important safeguards to help protect human rights.
Cont/

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Douglas Field 25.3.16

MINISTRY OF JUSTICE
█ The Guidelines on the New Zealand Bill of Rights Act 1990: A Guide to the Rights and Freedoms in the Bill of Rights Act for the Public Sector

Introduction to sections 12 – 18: Democratic and Civil Rights Link
Sections 12 – 18 of the Bill of Rights Act concern the fundamental rights and freedoms that are essential to an individual’s effective representation and meaningful participation in the public life of a democratic society.

Section 12 Electoral Rights
Section 13 Freedom of Thought
Section 14 Freedom of expression*
Section 15 Manifestation of religion and belief
Section 16 Freedom of peaceful assembly
Section 17 Freedom of association
Section 18 Freedom of Movement

….

█ Section 14 – Freedom of expression Link
Everyone has the right to freedom of expression, including the freedom to seek, receive, and impart information and opinions of any kind in any form.

[excerpt]
What every policy analyst needs to know about section 14:

● There are very few activities that will not be protected by the freedom of expression because most human activity has an expressive element (including political, artistic and commercial expression).
● Speech or an expression that is considered important to the ability of individuals to participate in core democratic processes, for example in elections, and political and social speech, is likely to enjoy a very high degree of protection.
● A fundamental aspect of the right to freedom of expression is that it extends to protecting all information and opinion, however unpopular, offensive or distasteful.
● The right generally protects all expression that conveys or attempts to convey meaning except expressive activity that takes the form of violence.
● Even though the right extends to all types of opinions, certain categories of expression (e.g., advertising, pornography or speech that incites racial violence) are more likely to be subject to reasonable limitations than others (e.g., political and social speech).
● The scope of section 14 means that as all forms of expression except those that take the form of violence are protected by the right, any restriction on expressive activity will be considered in the context of section 5 of the Bill of Rights Act.
● Freedom of expression includes the right to say nothing or the right not to say certain things.
● The opinions or views do not have to be held by that individual – the protection broadens out to include anyone else who subsequently communicates or disseminates those ideas or opinions.
● The right to seek and receive information may involve consideration of other statutory frameworks such as the Official Information Act 1982 or the Privacy Act 1993.

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█ In Brief: Your rights under the New Zealand Bill of Rights Act (PDF)
[click to enlarge]

█ Enter the terms *removed*, *post removed* or *video animation removed* in the search box at right.

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Posted by Elizabeth Kerr

Proposed Auckland waterfront stadium stupidity

Stadiums before affordable housing, again (Dunedin, Christchurch, Auckland) – the Nuts striving to build ‘ball park’ ASSETS quickly develop own shallow pockets.

In 2006 Auckland considered building a national stadium on its waterfront, but abandoned the idea —the stadium was the Labour government’s choice for the Rugby World Cup 2011.

David White (top) & Nigel Marple / Fairfax

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Stuff.co.nz Last updated 08:02, March 21 2016
Government won’t pay for Auckland waterfront stadium, John Key says
A proposed waterfront stadium in Auckland would not be funded by the Government, Prime Minister John Key has indicated. Calls to build a CBD sports stadium have been backed by several high profile business people, including New Zealand Warriors boss Eric Watson who has offered to help pay for the project. Key told the Paul Henry Show on Monday he personally thought the waterfront stadium was a good idea, but that it shouldn’t be government-funded. “I don’t think we’ve got a great appetite for pouring money into that,” he said.
Read more

█ Paul Henry Show | NewsHub TV3
Full interview: John Key, March 21, 2016 [Video]

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[click to enlarge]

NBR 24.3.16 OPINION Tim Hunter (page 2)

NZ Herald – the extra SORRY tales
23.3.16 Opinion: Brian Rudman: Fans too thin on ground for waterfront stadium
23.3.16 Auckland’s waterfront stadium: Look to Australia for tips, says architect
22.3.16 Iwi joins supporters of new stadium as gateway to city
21.3.16 Vodafone backs Auckland waterfront stadium
21.3.16 Opinion: What kind of stadium does Auckland need?
21.3.16 John Key: Government won’t be paying for Auckland waterfront stadium
20.3.16 Eric Watson offers to help fund downtown stadium project
20.3.16 Eric Watson: Build it and the Warriors will make it their home
19.3.16 Visions for a new national stadium
18.3.16 For and against: Waterfront stadium
18.3.16 Editorial: New stadium dream needs reality check
18.3.16 Auckland waterfront stadium could cost more than $1b project…
15.3.16 Opinion: Chris Rattue: Auckland’s waterfront stadium has to happen
15.3.16 Stadium debate: Is it time to build downtown?
15.3.16 Warriors’ boss backing waterfront stadium
15.3.16 Renewed push for new football stadium in Auckland’s CBD

Related Post:
24.7.15 Stadiums: Auckland works to limits —Dunedin, never

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Posted by Elizabeth Kerr

NZ flag is the NZ flag is the #NZflag [beach towel selection in context]

RNZ/Toby Morris — eight_col_DIY-FLAG

### radionz.co.nz
RNZ: On the Inside
OPINION: Flag failure – Where did it go wrong?
By Toby Morris
Well, that’s that. The votes are counted and at last the shambolic flag saga is finally over, banished to eternal life as a series of pub quiz trivia questions. An embarrassing phase best forgotten like a national bad haircut.
As much as I’ve always wanted a change, in the end I think we made the right choice. So why do I feel so rotten?
I had a bad feeling about it from the start, and I wasn’t alone. This time last year, anyone who has ever worked on any kind of corporate creative brief took one look at the chosen panel and their proposed process and saw that it would result in a mediocre, safe choice. It was creativity by committee, with no designers involved, and a process that allowed no room for development or refinement.
So we expected the worst, but like George W Bush said, we ‘misunderestimated’ them. Things went from worst to ‘worster’ as they lurched from one disastrous step to another. An inane and vague campaign to engage people about what they stood for led to the saddest road trip ever as the panel toured the country for public meetings with record low turnouts. No one was interested.
By the time the public was able to submit entries, the mood became more evident…. In large numbers, we were treating the flag process as a huge joke.
Read more + Cartoons

RNZ: How the world saw NZ’s flag decision
RNZ: Kiwis have their say; flag’s here to stay
RNZ: NZ flag result – how it happened
RNZ: MPs split down party lines on flag vote

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Put that thing away. Embrace the old one till we find the right one. #nzpol #nzflag pic.twitter.com/VgYRTxGLsN

— Sharon Murdoch (@domesticanimal) March 24, 2016

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NZ Herald
● ‘Wasteful vanity project’ ….How world reacted to flag result
● Defeated PM defends $26m flag vote as critics round on him
● Andrew Little: PM’s pet project has cost NZ $26m

Related Posts and Comments:
29.2.16 Jonkey a flag!
14.11.15 New Zealand Flag: 1000s of public submissions ignored by panel…
25.9.15 New Zealand Flag —symbolism
28.2.15 Campbell Live | TXT POLL: Does NZ need a new flag?

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Posted by Elizabeth Kerr

TV3 The Nation —Interview: Chief Ombudsman Peter Boshier

Interview: Chief Ombudsman Peter Boshier
Saturday 19 Mar 2016 10:56 a.m.
The new Chief Ombudsman Peter Boshier speaks to Lisa Owen about his plans to overhaul the office and how he expects the Government to deal with public information.
█ View the TV3 Video (11:25)

Twitter: The Nation @TheNationTV3
Website: http://www.newshub.co.nz/TVShows/TheNation

Who is the Ombudsman?
There are currently two: Judge Peter Boshier and Professor Ron Paterson.
Judge Boshier began his term as Chief Ombudsman on 10 December 2015.
Ron Paterson was appointed an Ombudsman on 4 June 2013.
http://www.ombudsman.parliament.nz/about-us/who-is-the-ombudsman

Ombudsman —Fairness for all
http://www.ombudsman.parliament.nz/

Wikipedia: Office of the Ombudsman (New Zealand)

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█ 22.1.16 Stuff: New chief ombudsman promises to be a fearless operator
New chief ombudsman Judge Peter Boshier plans to be a fearless operator, with every intention of using his title and its “spectre” to draw attention to unacceptable practices. “I’m not going to resile from saying things publicly in a considered, measured way when I think that’s justified. That’s what I did as the principal court judge and that’s what I’ll bring to this job,” he said.

█ 16.1.16 RNZ: New Chief Ombudsman Peter Boshier (with Kathryn Ryan)
Former Principal Family Court Judge Peter Boshier was one of our highest profile judges during his eight years in that role, and intends to bring the same openness to his new role as Chief Ombudsman.
Audio | Downloads: Ogg MP3 (24’39”)

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Posted by Elizabeth Kerr

*Image: TV3 The Nation – screenshot by whatifdunedin

Quake felt strongly at Dunedin 24.3.16 #eqnz

2:06 a.m.
My Pitt Street apartment went CRACK at its northeast corner as I watched TV. Nothing in the room moved except a miniature pohutukawa potplant, its long branches were swaying. Heard not felt, was it a quake ? Opened up GeoNet on my smartphone, confirmed. Completed GeoNet (felt) report.

[click to enlarge]
█ http://quakemap.co.nz/

New Zealand Earthquake Report
Magnitude 4.3, Thu, Mar 24 2016, 2:06:11 am (NZDT)
25 km west of Oamaru, Depth 15 km, Moderate
█ http://www.geonet.org.nz/quakes/region/newzealand/2016p223097

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[click to enlarge]

[Felt Reports]

GeoNet maps – screenshots by whatifdunedin

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█ David Seymour is wrong –Dunedin gets quakes reasonably frequently.

ODT 23.3.16 (page 9)

Image: Paul Le Comte (via Twitpic). Source: ODT
[original tweet]

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Posted by Elizabeth Kerr

Dunedin [video animation removed]

Updated post Thu, 24 Mar 2016 at 12:26 p.m. | Last updated at 8:19 p.m.

SITE NOTICE

The video animation by Douglas Field published at YouTube on 20 Mar 2016, entitled ‘The witless witch-hunt’, has been removed from this post where it was embedded; due to a complaint received from Dunedin City Council [voicemail received 10:19 a.m.; message cleared 12:07 p.m.].

The part text (after the break) was supplied by Mr Field to accompany the animation. The video can be viewed at the Douglas Field channel on YouTube (enter video title in the YT search box).

Reasonably, fairly, the text and video may be regarded as democratic political thought and free expression, a public commentary concerning well-documented events from world history. The text and video are not deemed to be upsetting or offensive to any local party.

Although some associated Comments at this thread have been moderated or removed as a caution and protection to the site owner, any attempts to unfairly ‘influence’, harass or threaten the site owner and contributors to What if? Dunedin will not be tolerated.

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[Douglas Field]

The Spectator
The slow death of free speech
How the Left, here and abroad, is trying to shut down debate — from Islam and Israel to global warming and gay marriage
Mark Steyn 19 April 2014

The examples above are ever-shrinking Dantean circles of Tolerance:
At Galway, the dissenting opinion was silenced by grunting thugs screaming four-letter words. At Mozilla, the chairwoman is far more housetrained: she issued a nice press release all about (per Miss Alcorn) striking a balance between freedom of speech and ‘equality’, and how the best way to ‘support’ a ‘culture’ of ‘diversity’ and ‘inclusiveness’ is by firing anyone who dissents from the mandatory groupthink. At the House of Commons they’re moving to the next stage: in an ‘inclusive culture’ ever more comfortable with narrower bounds of public discourse, it seems entirely natural that the next step should be for dissenting voices to require state permission to speak.

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[public domain]

Mon, 21 Dec 2015
ODT: Contract fraud call at DCC
Dunedin city councillor Lee Vandervis’ actions will form part of a fresh fraud investigation inside the Dunedin City Council, after he claimed to have paid a backhander to secure a council contract. […] The move came after Cr Vandervis, speaking at last Monday’s full council meeting, sparked a furious exchange after claiming he had given “personal evidence” of his backhander to Mayor Dave Cull.

Vandervis statement around the 1.25 mark

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Posted by Elizabeth Kerr

*Image: Douglas Field’s room with Easter Egg [liveinternet.ru] tweaked by whatifdunedin

Dame Patsy Reddy to become newest Governor-General

Dame Patsy Reddy with Sir Jerry Mateparae [newstalkzb.co.nz]

### msn.com 1 hour ago
Reddy to be new governor-general
Source: NZ Newswire
New Zealand will have its third female governor-general after Dame Patsy Reddy was named to replace the outgoing Sir Jerry Mateparae. The lawyer and company director will succeed Sir Jerry when his five-year term ends in August, Prime Minister John Key announced on Tuesday. The governor-general is appointed on the recommendation of the prime minister. Dame Patsy, who is also a chief negotiator for Treaty of Waitangi settlements, worked with Sir Michael Cullen on the recent review of the security agencies. The 63-year-old is chairwoman of the Film Commission, deputy chairwoman of NZ Transport Agency, and was a former law lecturer at Victoria University and partner at law firm Minter Ellison Rudd Watts. She was previously on the board of blue chip companies Telecom, SkyCity, NZ Post and Air NZ.
Read more

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Posted by Elizabeth Kerr

Uber travel

1 day ago
MSN Motoring: The incredible rise of Uber

This slideshow requires JavaScript.

Uber founders: Garrett Camp (left) and Travis Kalanick

What started out as a simple idea seven years ago to get a ride around the city is now a business worth $62.5 billion (£44.6bn). In October 2010, UberCab changed its name to Uber and went live on the Android smartphone operating system. In mid-2011, Uber went live in New York City. Since then it’s provided 80,000 rides per day! In July 2012, Uber unveiled Uber X. Using hybrid vehicles like the Prius, rides are 35% cheaper than Uber’s original black car service. In late 2014 Uber launched UberPOOL, which gives users the option of splitting the ride and cost with another person on a similar route. There’s so much more….

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Uber – a mobile service where passengers can book rides – has become popular in Auckland and Wellington, and use of ride sharing apps is expected to become more common in the future.

### Stuff.co.nz Last updated 19:01, December 14 2015
Uber set to face tighter rules, but not in-car cameras, Govt recommends
By Hamish Rutherford
Uber could be forced to check drivers’ log books and vehicle safety, after the Government recommended forcing it to become an approved transport operator. However drivers which use the mobile platform to find passengers appear set to continue to operate without being forced to install in-vehicle cameras, which are required in taxis. A review of regulations covering small passenger services, released on Monday [14.12.15], acknowledged that the existing rules, developed in the 1980s, had not kept pace with changes in technology.

Uber, the US-based company which was recently valued at around US$62.5 billion (NZ$93.2b) slammed the Government’s proposals as counter to its role to “open up” the economy, and did nothing to reduce regulation.

….The emergence of Uber has raised a global battle with taxis, which tend to face more rigorous regulations. Uber maintains that it is not a taxi service, but instead simply a technology platform, linking passengers with drivers who are private contractors. On Monday the Government released a consultation paper recommending that instead of maintaining a two-tier system for taxis and private hire providers, it would create a new single class system, where operators are responsible for safety and compliance. It comes almost a year after Associate Transport Minister Craig Foss announced a review of the rules.
Read more

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Wikipedia: Uber (company)
Founded: March 2009; 7 years ago
Services: Taxi, vehicles for hire
Slogan: Where lifestyle meets logistics
Website: uber.com

Uber Technologies Inc is an American multinational online transportation network company headquartered in San Francisco, California. It develops, markets and operates the Uber mobile app, which allows consumers with smartphones to submit a trip request which is then routed to Uber drivers who use their own cars. As of May 28, 2015, the service was available in 58 [today: 60] countries and 300 cities worldwide. Since Uber’s launch, several other companies have copied its business model, a trend that has come to be referred to as “Uberification”. Uber was founded as “UberCab” by Travis Kalanick and Garrett Camp in 2009 and the app was released the following June. Beginning in 2012, Uber expanded internationally. In 2014, it experimented with carpooling features and made other updates. Klout ranked the San Francisco-based company as the 48th-most powerful company in America in 2014. By late-2015, Uber was estimated to be worth $62.5 billion. Cont/

█ The legality of Uber has been challenged by governments and taxi companies, who allege that its use of drivers who are not licensed to drive taxicabs is unsafe and illegal.

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### ODT Online Sun, 20 Mar 2016
Residents on board with petition
The wider Green Island community is jumping on board in its support for changing the controversial Concord bus routes. A petition will be presented to the Otago Regional Council next Wednesday.
Greater Green Island Community Network co-ordinator Lynda Davidson said the petition, which has more than 300 signatures, asked the ORC to consider returning the Concord bus system to its original route through South Dunedin, while also keeping some of the express services direct to the University of Otago. […] Without the direct routes, people wanting to get to South Dunedin had to bus into the central city and then catch another bus south, which was taking longer and also costing people more.
Read more

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Posted by Elizabeth Kerr

*Images: Shutterstock via msn.com

RNZ: ‘Is the ODT going OTT?’ #paywall

Mediawatch: ‘The ODT not exactly over-selling the “exciting relaunch” of its website in last Tuesday’s paper.’ –ODT 15.3.16 (bottom, page 3)

### radionz.co.nz Sun, 20 Mar 2016 at 2:40 pm
RNZ National – Mediawatch
Will NZ’s biggest paywall plan yet pay off?
By Colin Peacock
New Zealand’s biggest locally-owned news publisher is set to make readers pay for its online news. Mediawatch asks the editor of the Otago Daily Times if it will pay off, and what the paying punters will get in return.
Audio | Download: Ogg MP3 (11′34″)

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[excerpts from Mediawatch article]

The two big news publishers in this country – Fairfax Media and NZME – still give away their best stuff for free online.

….this week the biggest publisher outside of the two main companies announced time will soon be up for its free-loading readers. Dunedin-based Allied Press told The NBR (ironically in an article behind the NBR’s paywall) Otago Daily Times had been “giving away our content free for long enough.” Fighting talk. The publication’s paywall plan is a bold move by a paper which does not often chop or change. Its design is conservative and it carries some distinctly old-fashioned local content. […] From next month, a digital ODT subscription will cost $27 a month – the same as a print subscription. Subscribers of the paper will get online access for nothing. […] But readers leaving comments on the ODT site weren’t supportive. One said he thought it was a joke: “I’m guessing the paywall starts on the 1st of April?”
….Writing for The Spinoff website, [former NZ Herald editor-in-chief] Tim Murphy said because subscribers to the paper also had digital access, a big chunk of the total audience might stick loyally with the website too. But Mr Murphy added: “It will need to have content that you can’t get anywhere else, in a voice and character and feel that you want to support because it is ‘your ODT’.”
Full Article

!!! ……yesterday

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█ http://www.radionz.co.nz/national/programmes/mediawatch
Mediawatch looks critically at the New Zealand media – television, radio, newspapers and magazines as well as the ‘new’ electronic media. It also examines the performance of the agencies, corporations and institutions that regulate them. It looks into the impact the media has on the nation, highlighting good practice as well as bad along the way – and it also enquires into overseas trends and technological developments which New Zealanders need to know about. It aims to enlighten everyone with an interest in the media about how it all works, how quickly things are changing – and how certain significant stories and issues are being covered. It’s also intended to be essential listening for those who work in the industry itself – as well as those who simply enjoy well-produced and lively radio.

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Posted by Elizabeth Kerr

*Image: fresh.co.nz + alliedpress.co.nz – tweaked by whatifdunedin

Takes the Cake | What Dairy Crisis ? #DUD #PropertySpeculation

Updated post – audio links added below
Mon, 21 Mar 2015 at 7:48 p.m.

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WHERE ARE THE PERMANENT JOBS, DUNEDIN

Real estate across the city is suddenly booming for the first time since 2007.

### radionz.co.nz 8:05 am on 18 March 2016
Is Dunedin out of the doldrums?
By Ian Telfer – Otago reporter
Dunedin has been economically stagnant so long that no-one is brave enough to declare the gloomy times over. But all the signs say it is out of the economic doldrums it has been in for 10 years.
The city is enjoying booms in real estate, tourism and niche technology industries such as video gaming. A report from economic monitoring company BERL shows 1770 new jobs have been created in the city in the past two years and Dunedin’s economy is now growing at 1.3 percent a year per capita.
[…] An example of the city’s turnaround is Highland Park in Mosgiel, Dunedin’s first major housing subdivision in many years. Today, 100 tradespeople are on site, building 25 homes.
The subdivision’s developer Syd Brown said they set themselves a decade to sell 225 sections, but the demand is so strong they are two-thirds sold and three years ahead of schedule. “It’s racing ahead for us. Sometimes you wake up in the morning and think ‘is this real?’, but that’s the market at the moment, and the demand is here,” Mr Brown said. Mr Brown said 60 percent of the people buying were from out of town, mainly from Christchurch and other South Island locations, such as Ashburton and Timaru.
Read more

### radionz.co.nz 8:49 am on 18 March 2016
RNZ National – Morning Report
Dunedin out of doldrums for the first time in a decade
8:36 AM. Dunedin’s economy is sailing out of the doldrums for the first time in 10 years.
Audio | Download: Ogg  MP3 (4′13″)

QUESTIONS : What did Syd Brown have to do to convert rural zoned land to residential zoned land ? How did a position on council enable zone changes, new roading and infrastructure services to benefit these properties ?

—

[the blurb]

Highland Park is an exciting new community located in the heart of the Taieri and is set to redefine living standards in the Otago region. Seamless integration with Mosgiel’s rich Scottish tradition, Highland Park properties express qualities of modern urban living right on the doorstep of Dunedin city. With a high level of amenities and land and home packages to suit all, Highland Park offers a unique lifestyle defined by openness, green spaces, and a nurtured sense of community.

All section packages are designed to take the hassle and stress out of building a new home. Every section with Highland includes:
• Quality Timber Fences
• Professionally Installed Vehicular Crossings
• Storm Water Discharge Connections
• All Services To The Boundary … Including Fibre
Sections are priced with services as above and with flexible land and home packages available to suit all lifestyles, there has never been a better time to move out to the Taieri.

[click to enlarge]

DCC Webmap – Highland Park, Mosgiel JanFeb 2013

GROAN – #ImpoverishedSubdivisionDesign #UrbanSprawl
Shades of 1940s-style cul de sac living without neighbourhood amenity, includes migration from central Dunedin to flat sections (urban drift). It looks bad, and is. ‘Browning’ the greenfields.

—

Posted by Elizabeth Kerr

*Image: whatifdunedin – Syd Brown + Mosgiel sign

Invitation to the Otago Peninsula Community #DCCAnnualPlan

Received from Paul Pope
Thu, 17 Mar 2016 at 2:38 p.m.

—

█ DCC Otago Peninsula Community Board
This page lists profiles of Otago Peninsula Board elected members plus minutes and agendas and the Community Plan.

█ Paul Pope on the Peninsula
My life and issues on the Otago Peninsula Community Board [blog]

Paul is Deputy Chair of the Otago Peninsula Community Board.
He is also on Facebook.

—

Posted by Elizabeth Kerr

*Image: Design by Paul Pope

Cr Andrew Whiley easily points up Greenie Hawkins’ inadequacy #SouthDunedinFlood

LOUD Applause for Cr Andrew Whiley —whom Cr Hawkins thought he could sting with a little pop gun that blows bubbles. Greenie Hawkins is particularly keen was it(?) to stand in Waikouaiti Coast-Chalmers Ward at the next election, if that is his game in moving to Port Chalmers recently.

ODT 16.3.16 (page 14)

█ VIDEO Dunedin City Council – Council Meeting – November 30 2015
Published on Dec 7, 2015

### ODT Online Tue, 8 Mar 2016
South Dunedin needs some love from city
By Andrew Whiley [Councillor]
OPINION It is amazing how the future of South Dunedin has become such a political issue since the flood of June 3, 2015. […] It is a great community, with a vital shopping area, wonderful schools and proud citizens. It is a valuable area that just needs attention with the appropriate investment in services and maintenance. In my opinion, the flood of June 3 was exacerbated by the poor maintenance of the mud tanks and the issues around the Portobello Rd pumping station. The mud tank report has yet to come to the council but any resident in the area will tell you there was an issue with maintenance.
Read more

****

SOUTH DUNEDIN FLOOD | Stormwater Infrastructure Failure
After the DCC chief executive’s non-technical response to Neil Johnstone’s independent peer review of the DCC Water and Waste Services report 30 Nov 2015 [see too Neil Johnstone’s response to the chief executive’s letter]…. if I was Cr Andrew Whiley I wouldn’t put too much faith in DCC Transport’s forthcoming mudtank / stormwater drainage report —due for public release in April.

Remember that in advance of the two VERY LATE infrastructure performance reports was the DCC’s media statement that its lawyers and insurers had determined that the city council had no liability in connection with the [majorly devastating] flood event at South Dunedin on and about 3 June 2015.

█ 27.11.15 ODT: Council ‘not liable for flood damage’
“The Dunedin City Council says it is not liable for private property damage caused by the South Dunedin flood, despite admitting problems with its pumping network prolonged the pain for residents. […] The issue had been considered by the council’s lawyers and insurers, but the advice from both was the council was not liable, Mrs Stokes said.”

More:
12.10.15 ODT: Floods not expected to affect premiums
8.7.15 ODT: $2.75m flood bill for city
10.6.15 ODT: Mud-tanks did not worsen floods: DCC
9.6.15 ODT: Stream of complaints over mud-tank maintenance
8.6.15 ODT: Drains blocked, residents claim

****

MUDTANKS AND STORMWATER DRAINAGE

******Failed LGOIMA Request lodged by Elizabeth Kerr

From: Elizabeth Kerr
Sent: Monday, 25 January 2016 9:24 p.m.
To: Sandy Graham; DCC LGOIMA Information Request
Cc: Kristy Rusher; Elizabeth Kerr
Subject: LGOIMA Request – Ref No. 531420

Further to my use of the online form at DCC website:

Dear Sandy

LGOIMA Request – South Dunedin mudtanks and stormwater drains
Reference No. 531420

I request the following information:

1. Can Dunedin City Council tell me if all mudtanks and stormwater drains in the South Dunedin catchment have been physically cleared in the time elapsed since the 3 June 2015 flood?

2. How many times have these mudtanks and stormwater drains been checked and cleared since the 3 June 2015 flood?

3. Which contractor / subcontractor has been responsible for this monitoring and clearance work since the 3 June 2015 flood?

4. Who (name and staff position) at Dunedin City Council has been directly responsible for checking the contractor / subcontractor work since the 3 June 2015 flood?

5. Are there any items of stormwater infrastructure in the South Dunedin catchment that are known to be blocked or cannot be cleared (if for any reason), since the 3 June 2015 flood?

I look forward to your reply in digital format by email.

Kind regards, Elizabeth

—

Response

From: Kristy Rusher
Date: 26/01/2016 8:36 am (GMT+12:00)
To: Elizabeth Kerr, Sandy Graham, DCC LGOIMA Information Request
Subject: RE: LGOIMA Request – Ref No. 531420

Hi Elizabeth,

Thank you for your LGOIMA request. I have forwarded your questions to our Group Manager, Transport [Ian McCabe -Eds] for a response. As you are aware, a decision on your request will be made within 20 working days.

Regards,
Kristy Rusher

Kristy Rusher
Manager Civic and Legal, Civic
Dunedin City Council

—

Notice of Extension 1

From: Kristy Rusher
Sent: Tuesday, 23 February 2016 5:47 p.m.
To: Elizabeth Kerr
Subject: LGOIMA request – Mudtanks number: 531420

Hi Elizabeth,

The DCC is extending your request for information for 5 working days as meeting the time limits for the original request would unreasonably interfere with the operations of the Council (section 14(1)(a) of the Local Government Official Information and Meetings Act 1987).

Regards,

Kristy Rusher
Manager Civic and Legal, Civic
Dunedin City Council

—

Notice of Extension 2

——– Original message ——–
From: Kristy Rusher
Date: 02/03/2016 8:29 am (GMT+12:00)
To: Elizabeth Kerr
Subject: Re: LGOIMA request – Mudtanks number: 531420

Hi Elizabeth,

The DCC is currently extending your information request for a further 15 working days (section 14(1)(a) LGOIMA 87). This is because meeting the timeframes would unreasonably interfere with organisational priorities.

Regards,
Kristy

Sent from my iPhone

—

REQUEST DECLINED

From: Kristy Rusher
Sent: Monday, 14 March 2016 8:21 a.m.
To: Elizabeth Kerr
Subject: Information Request – Mudtanks.

Dear Elizabeth,

Your information request concerning mudtanks in the South Dunedin area has been declined, as this information will soon become publicly available in a report to Council in coming months (section 17(d) Local Government Official Information and Meetings Act 1987).

As we have declined your request, we are required to advise you that you may have this decision reviewed by the Ombudsman. The Ombudsman may be reached on the following contact details:

Email: info @ombudsman.parliament.nz

Free phone: [numbers deleted -Eds]

Regards,
Kristy Rusher
Manager Civic and Legal, Civic
Dunedin City Council

While the above correspondence was in play the following letter to the editor by John Evans (ODT 17.2.16) received reply from Mr Ian McCabe. Hmm.

And further, Ms Ruth Stokes declared (ODT 5.3.16) that CityCare had been awarded the contract to clear South Dunedin mudtanks:

New contractor for mud tanks
The companies responsible for keeping South Dunedin’s mud tanks clean, and stamping new markings on the city’s cycleways, are set to lose $15 million worth of contracts with the Dunedin City Council. The decisions were confirmed yesterday, as it was also announced City Care – a Christchurch City Council-owned company already working in Dunedin – would clean all 1500 mud tanks in South Dunedin over the next month.
Read more

—

Related Posts and Comments:
● 8.3.16 Johnstone independent review of DCC report…
● 2.3.16 DCC compels extensions on LGOIMA requests #SouthDunedinFlood
26.2.16 Mudtanks and drains + Notice of Public Meeting #SouthDunedinFlood
● 21.2.16 DCC infrastructure report (30.11.15) subject to ‘internal review’ only…
● 13.2.16 South Dunedin Flood (3 June 2015): Bruce Hendry via ODT
4.2.16 2GP commissioner appears to tell Council outcome… #hazardzones
4.2.16 Level responses to Dunedin mayor’s hippo soup #Jun2015flood
30.1.16 DCC Rates: LOCAL CONTEXT not Stats —Delta and Hippopotamuses
25.1.16 DCC: South Dunedin Integrated Catchment Management Plan (ICMP)
19.1.16 Listener 23.1.16 (letter): South Dunedin #Jun2015flood
16.1.16 NZ Listener 16.1.16 (letter): South Dunedin #Jun2015flood
10.1.16 Infrastructure ‘open to facile misinterpretation’…. or local ignore
5.1.16 Hammered from all sides #fixit [dunedinflood Jun2015]
● 24.12.15 Site notice: posts removed
● 3.11.15 South Dunedin Flood | Correspondence & Debriefing Notes released by DCC today #LGOIMA

█ For more, enter the terms *flood*, *hazard* or *south dunedin* in the search box at right.

—

Posted by Elizabeth Kerr

Cr Vandervis co-operates with investigators #mediaslant

Updated post
Thu, 17 Mar 2016 at 4:50 p.m.

███ [Deletions at the behest of Dunedin City Council – instruction by recorded voicemail received from Communications and Marketing Manager on Thu, 17 Mar 2015 at 4:24 p.m.]

—

Received from Cr Lee Vandervis
Mon, 14 Mar 2016 at 3:48 p.m.

█ Message: Please feel free to print all of the emails and attachments below, as at least some of the Dunedin public should know what they actually contain.

—

[begins]

—— Forwarded Message
From: Lee Vandervis
Date: Sun, 13 Mar 2016 11:06:18 +1300
To: EditorODT, Nicholas George S Smith, Julian Smith, Vaughan Elder
Conversation: My job is to represent ratepayers’ concerns and allegations…. [words deleted]
Subject: My job is to represent ratepayers’ concerns and allegations…. [words deleted]

Dear Editor,
Your ‘reporter’ Chris Morris has [word deleted] in the article below [word deleted] claimed:

– “The ODT understands Cr Vandervis has also refused to co-operate with investigators examining his latest claims.”

This is provably untrue as evidenced by some of my communications with Crowe Horwarth through my lawyer as attached. [It also slurs my previous claims, especially regarding Citifleet almost all of which have been publicly proven.]
All it would have taken to get the reported co-operating truth would have been for your reporter to call Crowe Horwarth and establish that I have been responding to their inquiries and have gone to some trouble to supply them with an affidavit and supporting email showing how wrong again Mayor Cull was to claim that I had not provided evidence to him, the DCC CEO or our previous CEO. As well as evidence I have provided verbally, I have included my affidavit and one example of an evidential email, parts of which must remain redacted for obvious reasons.

My previous 19/9/15 complaint of Chris Morris ‘reporting’ which may be of interest to you is also below. There have been many others, yet Morris has wondered why I will not talk to him.

[paragraph deleted]

Kind regards,
Cr. Lee Vandervis

Vandervis inquiry ongoing
Home » News » Dunedin
By Chris Morris on Sat, 27 Feb 2016
News: Dunedin
6 1 Share This
The outspoken councillor levelling fraud claims at the Dunedin City Council is remaining tight-lipped as the investigation continues.

Cr Lee Vandervis, speaking at a full council meeting in December, claimed to have paid a backhander to council staff to secure a council contract.

The allegation prompted a furious exchange with Mayor Dave Cull and an investigation by the council’s internal auditors, Crowe Horwath, which was continuing.

Cr Vandervis has repeatedly refused Otago Daily Times requests to produce his evidence and has not responded to fresh requests for comment this week.

The ODT understands Cr Vandervis has also refused to co-operate with investigators examining his latest claims.

That followed a series of allegations levelled against council staff by Cr Vandervis in recent years, only for the councillor to then refuse to co-operate with council staff by providing evidence to back his claims, emails released in December showed.

Council group chief financial officer Grant McKenzie, contacted this week, would only say the latest investigation was continuing with no set date for completion.

Asked if Cr Vandervis had been spoken to, or provided evidence, Mr McKenzie would only say: “The investigators are still working through their process, which includes hearing from Cr Vandervis.”

Crowe Horwath was expected to provide a report to the council on its findings but subsequent steps – and the timeframe to complete the inquiry – depended on what was discovered, he said.

“We’re waiting on some information. Once we know what that information says, that will then drive where the next step is in the investigation.”

Mr Cull was reluctant to comment while the investigation continued but hoped any evidence would be forthcoming.

“Clearly, it’s in everyone’s interests for any allegation, or any wrongdoing, to be brought to light and dealt with.”

chris.morris @odt.co.nz

{Link: http://www.odt.co.nz/news/dunedin/374580/vandervis-inquiry-ongoing -Eds}

From: Lee Vandervis
Date: Sat, 19 Sep 2015 09:06:12 +1300
To: EditorODT, Nicholas George S Smith, Julian Smith
Cc: Chris Morris, David Loughrey
Conversation: Reporters reporting gossip instead of serious Council issues
Subject: Reporters reporting gossip instead of serious Council issues

Dear Editor,

Your reported Chris Morris has [again] seriously misrepresented me in today’s ODT story “Information requests irk Councillors”.
In this story where Council chairs Benson Pope and Thomson are fully indulged, reporter Morris fails to find balance or grasp the real issues [again].

Minimal quotes from my emails [fully published on What If] should have included:

“Do you not realise that most of my LGOIMA request arise from questions and allegations from members of the public that I represent?”

“don’t you dare suggest that my approach has failed to identify fraudulemt behaviour, as you similarly do not know what has gone into, for instance, Citifleet…. [words deleted].

Additional insightful material from my emails that has been ignored includes:

“If all my 2011 LGOIMA requests for Citifleet information, including all credit card information had been made available as requested under LGOIMA, think how many subsequently stolen vehicles would have been saved and perhaps even the life of a bent manager. Put a price on that David and make sure to request the full cost thereof.
The horrendous cost of not having required relevant information on which to make decisions is the reason we have LGOIMA.
In my opinion, not using the LGOIMA process suggests that you are not doing your job as an elected representative.”

“if rate-paid reports like the $300,000 Deloitte investigation information were made available to us who need to make related decisions, none of this tedious LGOIMA process would be necessary. It is a shame that I have to go to so much effort just get basic information, and that so few others can be bothered.”

There is real meat in what my emails reveal here [you should take 4 minutes to read them in full] Morris’ gossip columnist treatment of the non-issues, making me look perverse in the process, is the main reason I no longer risk talking to him.

Ditto Loughrey who recently reported mainly Thomson’s comment re sale of Wall st. ignoring Cr Calvert’s excellent questions and debate, and completely failing to report the much bigger Finance Committee discussion issue of $15 million per year interest costs on DCC debt and the urgent need to investigate the sale of DELTA and Aurora to deal with DCC debt.

Perhaps you might be interested in meeting to discuss?

Kind regards,
Cr. Lee Vandervis

(6) Attachments:

CCE03152016_0001 Affidavit of L Vandervis 1/3/16
CCE01212016_0003[1] GA Paine, Barrister – letter to L Vandervis 21/1/2016
CCE12212015_0016 GA Paine, Barrister – letter to L Vandervis 21/12/2015
CCE12182015_0005 GA Paine, Barrister – letter to L Vandervis 18/12/2015

croweH1/2.jpg [click to enlarge]

croweH2/2.jpg [click to enlarge]

[ends]

█ For more, enter the term *vandervis* in the search box at right.

—

Posted by Elizabeth Kerr

Delta #EpicFail —Noble Subdivision : [rephrased] Conflict of Interest

Election Year : The following opinion is offered in the public interest. -Eds

—

Received from Christchurch Driver [CD]
Sun, 13 Mar 2016 at 6:00 p.m.

Dear Readers and What –if Mobsters

Your correspondent is given to understand there are several of you who enjoy his posts, which is certainly gratifying to him, if not to the DCC. However readers are taxing mistresses, they demand fresh and current material for their reading pleasure.

Discerning readers of taste and sophistication, of which you are without exception, are firmly of the view that there is nothing as old as yesterday’s news, and tonight’s post is indeed recycled and somewhat elderly. But wait, as Noble Investments Ltd said to the Judge Osbourne, I can explain why I have reneged on my obligations….

This week Mr Graham Crombie did more than re-release Delta CEO Grady Cameron’s press release. He advised What if? that he considered this post below “defamatory” to Mr McKenzie. And said that in effect he will soon have a letter from his lawyers about this. Although, What if? hasn’t actually seen the letter yet. We think it is in Mr Crombie’s other pocket, tangled up with some minties wrappers and the latest Harcourt’s update on the Noble Subdivision mortgagee sale process. Yes, that document has gone missing too.

This Correspondent was cut to the quick. Him ? Defamatory ? A Tom Kain Klone ? Forsooth, he faints at the sight of his own blood !

Friends, Romans, Dunedinites, I come not to bury Mr McKenzie but to praise him. (Eventually).

Here is the post, with all traces of defamation removed…. for Mr Crombie’s reading pleasure….

****

Certain of you, have commented how in recent Council meetings DCC GCFO Grant McKenzie has several times now said he has a “conflict of interest”, when the question of the DCHL financial performance is raised by Councillors. He does not look comfortable in those situations.

OK, so what is this conflict of interest ? Mr McKenzie is the financial eyes and ears of the DCC. He is employed to preserve and maintain the financial stability of the DCC. This includes managing the hundreds of millions of debt that the DCC and its DCHL companies have; and having full oversight of the DCHL companies, which are in theory meant to be significant revenue generators for the DCC. (But, as Mr McKenzie admitted to Cr Lee Vandervis recently, DCHL companies will generate ZERO income (ie dividends) to the DCC for the next three years at least). However, despite the lack of dividends, they are still very significant DCC assets and it is completely right that Mr McKenzie should know in detail what is going on at DCHL.

This correspondent does not see how a conflict of interest can arise.

DCHL companies, owned by DCC, are for the sole purpose of generating a financial return to ease the rates burden. The historical amount of contributions provided by DCHL is shouted from the rooftops at every available opportunity by DCHL boosters. To this correspondent, there are only two ways in which Mr McKenzie could have “a conflict of interest” as he describes it. One is if the actions of the DCHL companies exceeded the risk profile that Mr McKenzie felt was appropriate for a DCC owned entity. The other is if the DCHL Companies were not in fact providing full or accurate information about their activities or intended activities to DCC or the elected representatives, and placing DCC at risk that way.

Readers, and Mr McKenzie, need to remember that Mr Larsen said in his report that the DCC needed to have a very low threshold for commercial risk, and much better communication. Mr McKenzie is there to make sure that DCHL doesn’t exceed a very low risk threshold and to tell us what he has found there. Tick the boxes for those items.

But who is paying Mr McKenzie ? The answer is the DCC. Therefore Mr McKenzie does not have a conflict of interest. He has a clear obligation to disclose to Council and ratepayers anything that is of concern at DCHL. He is not paid by council to shuffle from one foot to the other and claim a conflict of interest when asked questions of DCHL financial performance.

We should spare a thought for Mr McKenzie. He is the senior DCC staff member that has to represent the DCC’s interests. Those interests, first and foremost are to ensure that those DCC owned DCHL companies operate with a very low threshold for commercial risk. On the other hand, against him are legions of DCHL directors, who, if nothing else, appear extremely good at sugar coating bad news, or cloaking it in such a way as to make discerning the facts extremely difficult. (Mr Crombie, please read the Auditor-General’s report before you go reaching into your pocket). Add that to the subtle and not so subtle peer pressure, and it is easy to see Mr McKenzie has a tough job safeguarding the interests of ratepayers in respect of DCHL.

Refer to the video record (Part 1 and Part 2) for the full council meeting of 22 February 2016. This correspondent believes there is a (very) high possibility Mr McKenzie has not been told the full facts about Delta at Noble, or it has been spun to him with a few key, inconvenient facts omitted. If this is in fact correct and he acknowledged this, and then advised the city what he does know and provided an accurate assessment of the actual risk to ratepayer funds against the allowable “very low risk” threshold, he would have the support of DCC upper management and probably a job for life – if he wanted it.

Mr McKenzie would not have to look too far to find inspiration or a precedent in Dunedin. Just a couple of blocks away at the Hospital in fact. In 2008 the recently appointed Health Board Chief Financial Officer, Robert Mackway-Jones, discovered some unusual transactions that was of course the $16.9M Michael Swann fraud. Mr Mackway-Jones didn’t let up, pushed the issue and found that neither the Board Chair, Mr Richard Thomson, nor the Board CEO, knew of the transactions. Mr Mackway-Jones was the hero of the Swann case; and Mr McKenzie only has to present the facts to Dunedin ratepayers to achieve the same status.

This correspondent understands Mr McKenzie is already well regarded within DCC upper ranks. But if he did this he would be so popular with Dunedin ratepayers he could run for Mayor next time around….

Dunedin ratepayers just need Mr McKenzie to represent their interest, and forsake the tea and cakes, and mutual backslapping with DCHL Directors.

This will mean clashes with the DCHL directors at times……..

Tis food for thought, mobsters (as the Clash would say…. Revolution Rock, London Calling, 1979).

—

Related Posts and Comments:
● 11.3.16 Delta peripheral #EpicFail : Stonewood Homes & ancient Delta history
● 6.3.16 Delta #EpicFail —Noble Subdivision : Tea & Taxing Questions
● 6.3.16 Delta #EpicFail —Nobel Subdivision : A Neighbour responds
● 5.3.16 Delta #EpicFail —Noble Subdivision —Epic Fraud
● 4.3.16 Delta —Noble Subdivision #EpicStorm Heading OUR WAY
● 4.3.16 Delta #EpicFail Noble Subdivision : Councillors know NOTHING
● 2.3.16 Delta #EpicFail Noble Subdivision : A Dog, or a RAVING YAPPER?….
● 1.3.16 Delta #EpicFail… —The Little Finance Company that did (Delta).
29.2.16 Healthy views Monday midnight to 6:00 p.m.
● 29.2.16 Delta #EpicFail Noble Subdivision : NBR interested in bidders
● 28.2.16 Delta #EpicFail Noble… If I were a rich man / Delta Director
● 27.2.16 Delta #EpicFail Noble Subdivision Consent : Strictly Optional
● 27.2.16 Delta #NUCLEAR EpicFail —Noble Subdivision : Incompetent…
● 25.2.16 Delta #EpicFail: Mayor Cull —Forced Sale Fundamentals 101
● 24.2.16 Delta #EpicFail —Noble Subdivision: Cameron, Crombie & McKenzie
● 23.2.16 DCC: DCHL half year result to 31 December 2015
19.2.16 Delta: Update on Yaldhurst subdivision debt recovery
15.2.16 Delta / DCHL not broadcasting position on subdivision mortgagee tender
30.1.16 DCC Rates: LOCAL CONTEXT not Stats —Delta and Hippopotamuses
● 29.1.16 Delta #EpicFail —Yaldhurst Subdivision ● Some forensics
● 21.1.16 Delta #EpicFail —Yaldhurst Subdivision
21.1.16 DCC LTAP 2016/17 budget discussion #ultrahelpfulhints
10.1.16 Infrastructure ‘open to facile misinterpretation’…. or local ignore
15.12.15 Noble property subdivision aka Yaldhurst Village | Mortgagee Tender
21.9.15 DCC: Not shite (?) hitting the fan but DVL
20.7.15 Noble property subdivision —DELTA #LGOIMA
1.4.15 Christchurch subdivisions: Heat gone?
24.3.15 Noble property subdivision —DELTA
23.3.15 Noble property subdivision: “Denials suggest that we have not learned.”
17.3.15 DCC —Delta, Jacks Point Luggate II…. Noble property subdivision

● Gold Band Finance Prospectus No. 31 Dated 22 April 2015
View this 126pp document via the NZ Companies website at: https://www.business.govt.nz/companies/app/ui/pages/companies/321896/documents — go to Prospectus uploaded 23 Apr 2015 14:33

● 14.5.14 (via DCC website) Larsen Report February 2012
A recent governance review of the Dunedin City Council companies was conducted by Warren Larsen.

● 20.3.14 Delta: Report from Office of the Auditor-General
Inquiry into property investments by Delta Utility Services Limited at Luggate and Jacks Point

█ For more, enter the term *delta* in the search box at right.

—

Posted by Elizabeth Kerr

*Image: the-rudy.com – The Clash Revolution Rock w2 tee

Delta peripheral #EpicFail : Stonewood Homes and ancient Delta history

Received from Chrsitchurch Driver [CD]
Fri, 11 Mar 2016 at 1:35 a.m.

Your correspondent is going to meander down some tangential subdivision side streets tonight (not the main collector road, the excavator won’t fit on those….) and consider the curious case of Stonewood Homes.

It was probably inevitable given the very shallow gene pool that South Island companies fish in for independent directors, that a name would pop up that had also had some previous form with Delta.

However, before we excavate that particular trench, let’s consider why the shoring gave way on Stonewood, why the temporary support from the bank buckled and the subsequent structural failure – (the engineering metaphors are flying thick and fast tonight….)

Your correspondent is very bemused at the vast sums that a large number of building and engineering companies seem to be able to generate – in the negative. An internet search shows a long and regular list of failures. (Delta Civil Division would doubtless have joined them had it not had ratepayer funds to prop it up). Hartner Construction in 2001, about $20M, Wellington Construction in 2012 (unknown), Mainzeal Construction in 2013 (between $60-130M, dependent on if related party transactions can be unwound) and, closer to home, Southland’s own Amalgamated Builders (also with a branch in Dunedin) who managed to lose $20M in just two years when they bought a reputable Auckland company, Goodall Construction, renamed it Goodall ABL and then proceeded to destroy it in 2001.

There is some illuminating information online that shows the insane amount of risk that companies in the construction sector assume for what appears to be very little reward.

In the ABL Goodall case, property commentator Bob Dey described Goodall ABL as “a victim of trying to win market share on no margin, with a maximum guaranteed price contract in place”. Quite why anyone would seek to perform somewhere between $60-80M of work in two years for no return sounds like Delta-level stupidity, and certainly, the result was the same : ABL Goodall went so comprehensively broke, mainly with subcontractors’ money, that it was a major catalyst for the Government of the day to introduce the Construction Contracts Act in 2002 which provided some protection for Subcontractors. Proof that Southlanders do have some uses other than milking cows (readers, I jest).

Delta may yet provide compelling evidence for the Government to remove the “power of general competence” that Territorial Authorities received from the Government in 2002 that started many down the path towards illusory piles of gold that vanished in a mirage, along with a lot of public funds.

Memo To Mr Crombie : The CCC have admitted defeat and are trying to sell their Delta equivalent, City Care : why not join up and make it a two-for-one deal ?

But back to Stonewood. A trio of heavy hitters arrived in February 2014 to help fix the Stonewood Homes brand. In the press release it was noted that in 2013, Stonewood had consented 407 homes, had a turnover of $133M, and was aiming for 500 consents in 2014.

Your correspondent now will do something unheard of – making excuses for Delta…. as follows :

Building houses is not the same as civil contracting or commercial building. Those sectors all indulge in unique one off projects, with different specifications, different designers and engineers who have different standards. Lots of risk with ground conditions, legal disputes are legion.

But “group” housing is just different variations on the same cookie cutter. Standard designs, tweaked a little here and there, flat sites, lots of repetition, production line type processes. Houses started and finished around 14-16 weeks. Deposits before you start, a sales force to keep the numbers flowing. Any amount of back costing and analysis off repetitive designs to check what the numbers should be. It’s all been done before, lots of other companies are doing it so “benchmarking” your company against your competitors is easy.

Stonewood weren’t building difficult or expensive homes : Their average house cost around $325,000 in 2013. (Turnover of $133M for 407 homes).

Receivers KordaMentha confirmed that Stonewood had built up “significant” debt since the earthquake. Let us assume that Stonewood’s losses began in 2012 continuing in 2013, 2014, 2015. The loss is currently $30M. Your correspondent understands that the ASB is owed $5M and that typically, of the 110 houses underway at any one time, only 30 were profitable, and this was known within the company.

That Stonewood were unable to make any money at all, but instead went deeper into debt over a four-year period of huge demand is certainly testament to some Delta-level management deficiencies. One, or one and a half years of losses is grave but understandable, two to three is indefensible, and four years just plain carelessness !

Assuming an average turnover of about $115-120M per year (ie a peak turnover of $133M in 2013), this means that each year they lost $7.5M on average. (It was probably less in 2012, a lot more in 2015).

Put another way, on every house they built, over a four-year period, they lost around $21,000. Yes, they can definitely have a seat at the Delta table. And one Stonewood Director has sat at that table before, and that is Mr Jim Boult.

Now Mr Boult, while no Tom Kain in terms of litigation, certainly knows his way to his lawyer’s office, so this correspondent shall confine his comments to the facts :

Mr Boult, you may recall, had a 50/50 Joint Venture (JV) with Delta on the failed Luggate Development, where Delta lost $5.9M. Delta’s terms there were similar to Noble : A $5M advance to cover the subdivision work, payable only when the sections were sold.

Mr Boult utilised a valuer on behalf of the JV who had previously valued the land for his company. The valuer, in calculating the value of the land assumed a figure of $55,000 per section for Development costs. The actual cost was $105,000 per section. The valuer assessed the value of the land Delta bought a 50% share in, at $10.7M. There were potentially 172 sections that could be developed on the land. Six of the 172 sections were sold. The remaining land, with (a relatively small amount of) Delta’s improvements, was eventually sold…. for $1.5M. This information is all contained in the Auditor-General’s Report (14 March 2014).

A small but noteworthy detail included in the Auditor-General’s report was that the terms of the Joint Venture meant that Delta staff were not paid for any time they spent on the JV or the project, unless it was directly related to the Civil Work. A Project Management firm, Signal, was employed to manage the project. However Mr Boult sought and received $5,000 per month “for his time” spent on the Luggate JV.

Back to Stonewood, it turns out that Mr Boult was unable to make any difference to turn around Stonewood’s fortunes in 2015. Mr Boult’s enthusiasm for Stonewood : “I am truly delighted to be the chair and help guide the company in its future direction” lasted just 12 months. Nonetheless he obviously saw something he liked at Stonewood as he confirmed last week that he had quit as a Director of Stonewood on 1 February 2016, because, in concert with some employees of Stonewood and some franchisees, he was trying to buy Stonewood. This seems unusual behaviour for the chair of a large company, but then your correspondent is not a member of the Institute of Directors, and is uncertain of the usual directorial protocols about directors or chairmen of the board trying to buy a company they just resigned from last week. Perhaps a reader experienced in such matters could provide enlightenment.

Yes readers, I can sense your impatience : Join the dots you say ! This correspondent’s opinion, and it is only an opinion from the outside looking in, is that Mr Boult, was looking to buy not only Stonewood, but is most likely involved with a mortgagee sale bid to purchase the Noble Subdivision at Yaldhurst. The intention being that Stonewood would be the builder of the subdivision, both effectively controlled by Mr Boult.

Mr Boult knows the subdivision business, and he now has an inside view of how housing companies are run (or more accurately, how not to run one).

Despite Mr Boult’s defeat at the hands of the Brothers Chow in respect of Stonewood, a bid for Noble may well be attractive to him.

Now given Mr Boult’s history with Delta, it would seem highly likely that if this were the case, there would have been some contact between Mr Boult and his people and Delta.

Can Delta or its Directors or Mr Crombie confirm ? And of course as is the refrain, that no more public funds will be put at risk ?

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New Zealand Companies register: Delta Utility Services Limited (453486)

█ Directors: David John Frow (appointed 25 Oct 2012), Trevor John Kempton (01 Nov 2013), Stuart James McLauchlan (01 Jun 2007), Ian Murray Parton (25 Oct 2012)

More: Historic data for directors

Related Posts and Comments:
● 10.3.16 Noble Subdivision next on the shopping list !!! You couldn’t…
● 6.3.16 Delta #EpicFail —Noble Subdivision : Tea & Taxing Questions
● 6.3.16 Delta #EpicFail —Nobel Subdivision : A Neighbour responds
● 5.3.16 Delta #EpicFail —Noble Subdivision —Epic Fraud
● 4.3.16 Delta —Noble Subdivision #EpicStorm Heading OUR WAY
● 4.3.16 Delta #EpicFail Noble Subdivision : Councillors know NOTHING
● 2.3.16 Delta #EpicFail Noble Subdivision : A Dog, or a RAVING YAPPER?….
● 1.3.16 Delta #EpicFail… —The Little Finance Company that did (Delta).
● 29.2.16 Delta #EpicFail Noble Subdivision : NBR interested in bidders
● 28.2.16 Delta #EpicFail Noble… If I were a rich man / Delta Director
● 27.2.16 Delta #EpicFail Noble Subdivision Consent : Strictly Optional
● 27.2.16 Delta #NUCLEAR EpicFail —Noble Subdivision : Incompetent…
● 25.2.16 Delta #EpicFail: Mayor Cull —Forced Sale Fundamentals 101
● 24.2.16 Delta #EpicFail —Noble Subdivision : Cameron, Crombie & McKenzie
● 23.2.16 DCC: DCHL half year result to 31 December 2015
19.2.16 Delta: Update on Yaldhurst subdivision debt recovery
15.2.16 Delta / DCHL not broadcasting position on subdivision mortgagee tender
30.1.16 DCC Rates: LOCAL CONTEXT not Stats —Delta and Hippopotamuses
● 29.1.16 Delta #EpicFail —Yaldhurst Subdivision ● Some forensics
● 21.1.16 Delta #EpicFail —Yaldhurst Subdivision
21.1.16 DCC LTAP 2016/17 budget discussion #ultrahelpfulhints
10.1.16 Infrastructure ‘open to facile misinterpretation’…. or local ignore
15.12.15 Noble property subdivision aka Yaldhurst Village | Mortgagee Tender
21.9.15 DCC: Not shite (?) hitting the fan but DVL
20.7.15 Noble property subdivision —DELTA #LGOIMA
1.4.15 Christchurch subdivisions: Heat gone?
24.3.15 Noble property subdivision —DELTA
23.3.15 Noble property subdivision: “Denials suggest that we have not learned.”
17.3.15 DCC —Delta, Jacks Point Luggate II…. Noble property subdivision

● Gold Band Finance Prospectus No. 31 Dated 22 April 2015
View this 126pp document via the NZ Companies website at: https://www.business.govt.nz/companies/app/ui/pages/companies/321896/documents — go to Prospectus uploaded 23 Apr 2015 14:33

● 14.5.14 (via DCC website) Larsen Report February 2012
A recent governance review of the Dunedin City Council companies was conducted by Warren Larsen.

● 20.3.14 Delta: Report from Office of the Auditor-General
Inquiry into property investments by Delta Utility Services Limited at Luggate and Jacks Point

█ For more, enter the term *delta* in the search box at right.

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Posted by Elizabeth Kerr

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

*Images: (top) stonewood.co.nz – Chow Bros | stuff.co.nz – Jim Boult by Stacy Squires

Site notice: post removed

Wed, 10 Mar 2016 at 4:40 a.m.

The post ‘Delta #EpicFail —Noble Subdivision : Conflict of Interest for Dummies’ by Christchurh Driver [CD], published early morning 9 Mar 2016, has been removed following an email received from DCHL.

Editorial discretion.

GENERAL ADVICE
For their own records, readers/contributors should retain a copy of any posts or comments they value as submitted to What if? Dunedin for publication.
The Site owner cannot guarantee and is not obliged to provide copy of any postings lost once editorial redaction or file removal has commenced.

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Elizabeth Kerr
Site owner

Professor Robert “Bob” Carter RIP

Robert Merlin “Bob” Carter (9 March 1942 – 19 January 2016) was an English palaeontologist, stratigrapher and marine geologist who is perhaps best known as a prominent Australian climate change skeptic. He was professor and head of the School of Earth Sciences at James Cook University from 1981 to 1998.

Gurglars emailed me on Sunday about the Obituary:

ODT 5.3.16 (page 32)

[click to enlarge]

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Then I heard from Mick (Douglas Field) on Monday:

You will have read the obituary (ODT Saturday) to Bob Carter who died in January this year. As you know he was a prominent sceptic re climate science and was more or less bannished from James Cook University in Queenslamd. You wll also know of his strong connection to the University of Otago.
Chris Monckton (The Viscount Monckton of Brenchley) has written a rather charming piece of music that he has called Bob Carter’s Peal. It was originally written for piano but it has been modified by the clever people at Edinburgh University (Chris lives in Edinburgh) who made a version with the sound of the bells of Ghent Cathedral.

Go to: http://wattsupwiththat.com/2016/02/27/ghent-cathedral-bells-ring-out-bob-carters-peal/ Article + Audio

[excerpt]
“Professor Robert Carter of James Cook University, who died in January 2016, has been immortalised in a clock-tune written by one of his friends in the manner of a Turmuhrglockenspielsonatine by the Baroque German composer Johann Sebastian Bach. This poignant but merry tune has been described as “the loveliest bell-tune ever written”. Traditionally, the Classical composers wrote clock-tunes to commemorate the weddings or funerals of their friends.

Professor Robert Carter, a geologist, became internationally famous in the last two decades of his life because he was one of the very few scientists who had the courage publicly to question some of the more extreme claims made by advocates of the apocalyptic theory of global warming. As the reported rate of global warming (even after much ever-upward adjustment of the linear-regression trends on all of the principal global-temperature datasets) continues to be very considerably below the rates that had been predicted, his polite but incisive questioning of what has become a substitute for true religion in the academic world will one day be seen to have been prescient.
Bob Carter was personally distressed by the extent to which the academic world had abandoned the scientific method in the rent-seeking pursuit of ever-larger grants from governments panicked or profiting by the climate scare. His university, which makes much money out of global warming by this questionable method, felt threatened by its leading professor’s heresy. Shoddily, the vice-chancellor, to his eternal shame and to that of his university, presided over the abandonment of all pretense at academic freedom: the university took various frankly malicious steps to Bob Carter’s detriment, the last of which was the withdrawal of his right as an emeritus professor to continue to use the library of the university that he had served so long and so well.
He was deeply distressed not so much by his university’s mistreatment of him in the closing years of his long and distinguished life as by its totalitarian rejection of the essential and formerly sacrosanct principle of academic freedom to dissent from profitable orthodoxy. Despite the university’s petty-minded and self-serving misconduct, he remained cheerfully and determinedly active to the last, attending the UN climate summit in Paris in December 2015.”

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Posted by Elizabeth Kerr

Johnstone independent review of DCC report #SouthDunedinFlood

Semi-retired consulting engineer Neil Johnstone was invited to speak to his independent review of the DCC report, Infrastructure Performance During June 2015 Flood Event (30 Nov 2015), at Monday night’s public meeting held in South Dunedin.

Large numbers of local householders and business people, together with news media, filled Nations Church Auditorium at 334 King Edward Street, to examine why South Dunedin “flooded” on 3 June of last year.

Dunedin City Council personnel who didn’t bother to show up included Mayor Cull, CE Bidrose and members of the Executive Leadership Team (RLT). How many elected council representatives turned up —one, Cr Mike Lord (the question was nearly rhetorical although a couple of councillors had forwarded their apologies).

A fortnight ago Mr Johnstone sent a copy of his review to DCC chief executive Sue Bidrose. Notably, it took until the day of the public meeting for Ms Bidrose to acknowledge receipt and respond to the review by letter —DCC made sure to effect personal delivery to Mr Johnson’s home in Macandrew Bay, followed by an electronic copy some time later.

Copies of the review were circulated at the public meeting —these were in some demand!

Following the close of meeting, the reviewer kindly supplied What if? Dunedin with copy for publication.

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WEBSITE DISCLAIMER
The following content from consulting engineer Neil Johnstone is provided for your information and convenience. However, the site owner cannot accept any liability for its accuracy or content. Visitors who rely on this information do so at their own risk.

An Independent Review if DCC Report
‘Infrastructure Performance during the June 2015 Flood Event’

1. Having lived most of my life in Dunedin and its environs (though never in South Dunedin), and having had a long career in natural hazard identification and mitigation, I am concerned with the standard of understanding and reporting of current natural hazard issues by our local Councils and, to a lesser extent by Government Agencies. I spent many years as Investigations Engineer at the Otago Catchment Board from 1986, and held a similar position at the Otago Regional Council until 2002. During those years I analysed numerous recent and historic flood events; none was more straightforward than the South Dunedin flood event of June 2015, and many were far more complicated. Now semi-retired, I still operate my own small consultancy.

2. In my opinion the DCC Report might best have been produced by independent experts, or – at the very least – have been subject to rigorous expert peer review. Current “victims” of the in-house reporting approach appear to include residents of South Dunedin who were affected by the June 2015 flood, and the wider population of the city and beyond who have been presented with information of questionable validity.

3. I have no personal interest in the South Dunedin area, but do jointly own a property elsewhere in Dunedin City. This paper only peer reviews DCC’s Report Infrastructure Performance During the June 2015 [Flood] Event. Further reviews of other hazard reports are planned. The reader can access online both DCC’s Report on the June 2015 flood event (referred herein to as “the DCC Report”) and ORC’s report Coastal Otago Flood Event, 3 June 2015 (referred herein to as “the ORC Report”). The latter is frequently referenced in the DCC Report.

4. The DCC Report is lacking in detail and thoroughness. It is short, but neither concise nor accurate, in my view. No reason is given why such a simplistic document took virtually six months to produce. By contrast, an earlier DCC report on the South Dunedin flood of 9 March 1968 took about a week to prepare following that event. My review is intended to provide alternative and more plausible explanations for the flooding experienced in June to those given in the DCC Report and accepted and promoted by some Councillors. I have used almost exclusively data provided by ORC and DCC publications. My approach is reasonably “broad-brushed”, but to a level of accuracy I believe limited only by the quality of data available.

5. Specifically, the DCC Report lacks objectivity in that it:

A. exaggerates the historical significance of the June 2015 rainfall,

B. repeatedly (and contrary to very clear evidence) identifies high groundwater levels as a prime cause of the flooding,

C. fails to discuss why staff did not (apparently) continuously attempt clearance of pumping station screens,

D. fails to adequately address the impacts on total runoff volume of reduced ground surface permeability due to land use change,

E. promotes a simplistic flow volume model that contains a key erroneous assumption,

F. fails to quantify ingress of “foreign” water from other sub-catchments, especially St Clair,

G. refers only briefly to the Shore St (Tainui) sub-catchment, and then fails to note that flooding was much less significant there than in the South Dunedin catchment or to explain the reason why,

H. defends the maintenance performance of mudtanks without providing any supporting evidence.

6. With respect to the above lettered points:

Point A: DCC has persistently exaggerated the significance of recent rainfall in the city. Initial claims regarding the June rainfall had it as a 150-year event, and (with respect to a disadvantaged peninsula property owner) reportedly claimed rainfall intensities increasing by 82% as a result of climate change. Now the June [flood] is stated in the Report to be a 63 year event. Such claims are all substantially in error. Rainfall in the March 1968 event is conceded in the DCC Report to be higher than in June 2015, yet the earlier event is omitted from consideration of flood frequency. Inclusion of the 1968 rainfall must substantially reduce the assessed return period of the 2015 rainfall.

Balcony Collapse at Six60 concert, 598 Castle Street, Dunedin

Tweet:

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Paul Henry
Monday 7 Mar 2016 8:02 a.m. (via newshub.co.nz)
Key: More police wouldn’t have prevented balcony collapse Updated

Paul Henry
Monday 7 Mar 2016 12:42 p.m. (via newshub.co.nz)
Police should have been given more notice of Six60 concert – O’Connor

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Six60 outside Castle Street flat that inspired their name. Photo: Instagram/Six60 (via RNZ News)

its SLiK Published on Mar 4, 2016
Balcony collapses near Six60 gig

Otago Daily Times Published on Mar 4, 2016
Balcony collapse on Dunedin’s Castle Street

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### radionz.co.nz Updated at 11:33 am today
RNZ News
No criminal inquiry into balcony collapse
The police have decided against opening a criminal investigation into a balcony collapse at a concert in Dunedin. […] A young woman studying at Otago University has been transferred to Christchurch Hospital, with what have been reported as spinal injuries. A young male student from Otago Polytechnic has undergone surgery at Dunedin Hospital. […] While police did not intend to investigate further from a criminal point of view, they would work with the reviews being carried out by Worksafe New Zealand and the Ministry of Business, Innovation and Employment.

Action was urgently needed to ensure people’s safety and preserve the reputations of the city and Otago University, [Mayor Cull] said.

Other events during this year’s orientation week, such as couch burning and concern about verbal abuse, including a rape threat and racial slurs, have prompted students themselves to call for action.

[Mayor Cull:] The council had no power to control the event at which the balcony collapsed as it was held on private property, and that might need to change. […]

Balcony ‘met building standards’
Mr Cull said the council’s chief building inspector had examined the balcony yesterday, and said it met the requirements of the building code. “I welcome the [Department of Building and Housing’s] further investigation to make it absolutely clear what caused it.” He said whether the partygoers were jumping up and down on the balcony was not the issue; it was that hundreds of people turned up to an event that would not normally be held in a domestic venue. “It’s just not acceptable to expect those kind of situations to not present more risk than if it’s professionally organised.”
Read more

### radionz.co.nz Updated at 8:00 am today
New footage of balcony collapse concert
By Ian Telfer – Dunedin
High-tech footage of a balcony collapse at a student concert has revealed no-one was jumping on it when it fell.
Read more + Photos

HARLENE KNOWS NOT HOW TO RULE [23 February 2012]
RNZ: University vice-chancellor seeking to halt wild parties

█ Listen to Ian Telfer on Morning Report

█ Listen to the interview with Dave Cull on Morning Report

****

Stuff.co.nz stories:

● 7.3.16 Performer warned people to ‘get off the balcony’…
● 6.3.16 Harrowing injuries after balcony collapse…
● 6.3.16 Dunedin balcony collapse – Government orders investigation
● 5.3.16 Balcony collapse: Concerns raised about stability…
● 5.3.16 Balcony collapses at Six60 gig…

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Comment at What if? Dunedin:

Anonymous 2016/03/06 at 11:05 pm
Dealing with some issues here:

– on the claim that “the concert was impromptu” – it was “announced” via social media on Monday and the University was aware prior (Campus Watch were detailed). Animation Research Ltd had a 360 degree motion camera rig in operation (and captured footage of the collapse). A stage was erected and sound gear installed. This is not impromptu.

– an “impromptu” event would still need to be notified
see here: http://www.waitakere.govt.nz/Frefor/pdf/event-safety-guidelines-osh-200104.pdfhttp://www.waitakere.govt.nz/Frefor/pdf/event-safety-guidelines-osh-200104.pdf
“Any planned activity where any structure, open area, roadway or other area will contain more people than normally found in that location at one time.”

– the venue was unsafe. Egress, crush barriers and evacuation were inadequate (a van was parked across the leg-in blocking access) as the band were performing (and ARL were working, and news media were reporting), this meets the definition of a “workplace” and both HSA and Worksafe legislation apply.

The event organizer has strict liability here. Those suggesting that the balcony collapse was the fault of those on it and that they should take “personal responsibility” are unfortunately misguided. It is up to the event organizer and those assessing the management plan to identify and control these risks. This was clearly inadequate in this case.

I would not want to be standing anywhere near the event organizers once the detailed investigation starts.

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Related Post and Comments:
3.11.15 Dunedin: University students into excess alcohol, party drugs, sexual abuse, vandalism #CRIME —Balcony collapse discussed from comment 71132

█ For more, enter the terms *students*, *university*, *harlene* in the search box at right.

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Posted by Elizabeth Kerr

Delta #EpicFail —Noble Subdivision : Tea & Taxing Questions

Received from Christchurch Driver [CD]
Sun, 6 Mar 2016 at 10:23 p.m.

Mr Crombie has spoken. A press release on Thursday : Something old, something new, something borrowed, with no clue.

Your correspondent has a theory in relation to Mr Crombie’s press release. Your correspondent surmises that a copy of Delta CEO Grady Cameron’s press release appears to have stuck to Mr Crombie’s saucer (stress – jiggling – spillage !!) when he was having tea and cakes in Mr Cameron’s office last week, and Mr Crombie absent mindedly put it in his pocket. Mr Crombie being a busy man then noticed it a few days later amidst some empty Cadbury Favourites wrappers and Kit-Kat bars. Thinking that he was meant to have done something, and with Grady’s cell phone off, he panics, and emails off the release, which of course is a re-run of Mr Cameron’s effort.

Mr Crombie did say there had been “some misinformation” about the mortgagee sale process. There certainly has, and it is all from Delta and its directors.

Your correspondent and Delta are of one mind here : There is no need for any confusion, Dunedinites will have a lot less suspicion and worry if we had accurate information that Delta and its Directors were not the white collar robbers of the DCC public purse that your correspondent has made them out to be.

To this end, some public minded citizens might want to put in a LGOIMA request, or perhaps write to the ODT with the following questions for Delta, to assist with the excellent What if? efforts on Noble to date.

Let us relax with a cup of Bell’s best and have our fears assuaged. Or perhaps, let us watch the twists and turns of outrageous logic that Mr Cameron will use to explain away these very simple questions :

How much of the $3.3M Delta paid to “strengthen its position” has been paid to Gold Band and Avanti Finance. This is an easy one for starters – readers of course know the answer ($2.7M) because Gold Band have told us, but if Delta get this wrong, we then know it has a telling-the-truth problem as well as previously canvassed numbers, counting and comprehension problems.

What was the remaining funds of the $3.3M spent on ?

Or in case this isn’t clear enough :

How much of the $3.3M has been paid for any advice, fees, or any other sort of payment in relation to the Noble Yaldhurst Subdivision, that was not for the actual direct purchase of first mortgage securities ?

In regard to the question above, who was this money paid to ?

How much Head Office staff time has been spent on the Noble Subdivision since December 2009 and has it been charged to the project ?

Did Delta, or any party associated with Delta, instruct, or convey to Gold Band Finance in any way, that Delta would not allow Gold Band to sell its first mortgage security to other parties (ie, other than Delta) with an interest in the land ?

Can Delta confirm that it will not offer vendor finance, and will not enter into a profit / revenue sharing agreement to the eventual purchaser of the land from the mortgagee sale process ?

Can Delta confirm that in addition to the above, it will not offer any kind of assistance to the eventual purchaser of the land ?

How much has Delta or DCHL paid Mr M Frost for any services related to the Noble Subdivision since 2012 ?

Can Delta confirm that no past or present Delta Directors, and also Mr J Boult, and Mr M Frost, are not involved, or offered any kind of advice or assistance to any of the mortgagee sale bidders ?

Is it true that due to recent developments, and subsequent to the date that tenders closed for the mortgagee sale, the firm conducting the mortgagee sale process, and/or other parties, has been urging other parties, who did not make a bid, to make a bid, even though tenders have closed ?

Given that we are dealing with Delta, perhaps readers should just consider three at most per request so as not to overtax Delta capacities.

These are all critical questions. Memo to Grady and Graham : Better to answer them now, the next time these questions are asked you will be best advised to have a lawyer – your own personal lawyer that you pay for, not a Delta one – present. (Suggestion : NOT the ones that wrote the security sharing deed….). Memo to Graham : $900 a day will not go far on lawyers’ costs.

And Graham : Note to Self : Conduct cost / benefit and personal risk register of Delta involvement. (Memo to Grady : At a salary of $2,090 per working day, hire whatever lawyer you want).

Alert readers will have noticed some of these questions suggest there are yet more horror stories and shady dealings your correspondent wishes to bring to the surface. Indeed there are, but let us have Delta’s position first, to avoid speculation. Of course we will have no option to speculate if nothing is forthcoming, and speculate we will.

For your correspondent, Delta at the Noble Subdivision is the gift that keeps on giving.

█ For more, enter the term *delta* in the search box at right.

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Posted by Elizabeth Kerr

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

Delta #EpicFail —Nobel Subdivision : A Neighbour responds

Comment received in reply to CD’s latest post (5.3.16):

Chutchings hut
March 5, 2016 at 9:06 am

The neighbours have a history of objecting, they are not the innocents you portray. The allegations about inadequate infrastructure are nonsense.

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A Neighbour responds
Sun, 6 Mar 2016 at 3:26 p.m.

“Chutchings hut”, your post here resembles that of C(hris) Hutching’s from NBR. Maybe you’re both?? Either way your posting here and his on NBR, respectfully, is unsubstantiated and misinformed as many have been by NIL during this sad saga. Allow me to enlighten you.

The CCC stormwater experts, an external peer review, and even NIL’s own stormwater designer Cardno have confirmed the stormwater infrastructure IS “inadequate”. Existing roads need to be dug and pipes upsized. I can send you whatever evidence you want?

Further, the road infrastructure is not only “inadequate”, it was found by the Independent Safety Audit [Dr Turner and other traffic experts] to be have “numerous serious safety issues that cause frequent serious injuries and deaths”.

This is why the Elected Council voted to quash the retrospective decision CCC staff procured non-notified to consent the unsafe roads they had already permitted to be constructed without consent.

You are right though that resident stakeholders in the subdivision (neighbours as you refer to them) have a history of objecting, that’s because they have had much to object about. Your post here that they are “not innocents”, and Chris Hutching’s information in NBR that the objections were “belated objections” … “after consents were obtained and the streetworks constructed” is not correct. Public information proves otherwise:-

• Affected residents that will have to use these roads objected from mid 2010 when the roads were being constructed without consent to grossly non-complying standards.

• NIL and CCC staff had agreed to these gross non-compliances behind-closed-doors.

• CCC staff oppressed the affected residents and denied them (and the public) their legal rights under the RMA to oppose the gross non-compliances and dangers.

• The illegally built roads were retrospectively consented 12 months after the objections, in July 2011. (This was 19 months after the variation application was made in December 2009 to make the main spine road 7.5m narrower than required. Doubling of traffic on the narrow roads due to non-notified increases in residential density and the commercial area came later).

• The Elected Council voted for the Independent Safety Audit (against CCC staff’s strong advice). It found the non-complying roads had “numerous serious safety issues that cause frequent serious injuries and deaths”. This caused the Elected Council to quash the wrong, unsafe and “unreasonable” (“RMA term”) decision that CCC staff’s oppression of affected parties and CCC staff’s false tailoring of expert reports ensured.

• Yours and Chris Hutching’s NBR misinformation on this is respectfully forgiven; many have been misinformed of facts in this sorry saga.

Delta #EpicFail —Noble Subdivision —Epic Fraud

Received from Christchurch Driver [CD]
Fri, 4 Mar 2016 at 10:42 p.m.

Dear Readers

A preliminary, a disclaimer : Your correspondent is not Ms Ali Jones, or Felicity Ferret ….and is cut to the quick by such a comparison. (Well he isn’t actually sure who Ms Jones is but won’t let that get in the way of a good line). However, readers, he would never be so careless with the financial facts that affect Dunedites.

On a more serious note (unusual so early in a CD post), your correspondent has been shaken to the core with new information that has come to light in the last 2-3 days. By now you know the prerequisites : Strong tea, macaroons, and a big saucer. And today, some pepto-bismol. You will feel VERY queasy after this one.

Our correspondent has jump started the Delta long reach excavator and quickly unearthed a massive SOFT SPOT in Delta credibility.

Delta and the DCC are going to lose a lot of ratepayer funds at Noble. There is no happy ending, no handsome prince to kiss and revive Delta to financial health, where their $14.6M (11.3M + 3.3M) core debt will be paid. There is no bona fide mortgagee sale.

Let’s consider the statements of the DCC Group Chief Financial Officer at the full council meeting of February 22; he told the council there was no “relationship” between Delta and Gold Band Finance, the Noble First Mortgagee. Well now, that would depend on how one defines a “relationship”. In our modern world, it’s all about equality, having an equal voice in all matters. Both parties, facing the future, hand in hand, etc. And yes, by those rose tinted soft focus lights, no, there is not a Delta / Noble “relationship”. What there is, is a dictatorship. Gold Band will do whatever Delta say. This is in writing. It is in a thing called a “Partial assignment of Debt and security sharing deed”, and commits Gold Band to servitude to Delta. And readers, you can check for yourself the claims your correspondent makes about this document. The document is posted right here, below. Although there is no reason to doubt –-your correspondent does not work for Delta….

It is Delta that are behind the “mortgagee sale” of the Noble Subdivision.

Well and good, readers may say, we like that Delta are in control, and that fine Mr Crombie is steering the good ship Delta out of troubled waters. Really ? This correspondent thinks the ship is being steered…. straight into the High Court.

Your correspondent has been advised that a court action against Delta for CONSTRUCTIVE FRAUD (stress ! rattling cups !!) is imminent, from a party to the subdivision, due to this “security sharing agreement”.

Delta —Noble Subdivision #EpicStorm Heading OUR WAY

Election Year : The following item is offered in the public interest. -Eds

IMPENDING POST ALERT
CD has THE story for you……….. soon

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Posted by Elizabeth Kerr

*Image: thinkdelta.co.nz – delta-waste-digger tweaked by whatifdunedin