Commercial residential, 143-193 Moray Place : ODT bias, ignores arguments of opposing legal experts

THUS we gather that the owners/editorial team of the Otago Daily Times have deemed Anthony Tosswill’s proposal for a tall fat Moray Place apartment building (commercial residential) is worthy of being built. Ra Ra ODT.

If you (ODT) want to print half the story, presume away…. to Not be the independent courier of what is public information contrary to the arguments of the greying Mr Page, Counsel for Mr Tosswill’s NZ Horizons Hospitality Group Ltd (widely suspected as a vehicle for Asian finance, yet to bring even one of “12 hotels” on his South Island wish list out of the ground – funny that).

For your attention :
The legal submissions of Ms Semple, Counsel for Millennium and Copthorne Hotels New Zealand Ltd (owner of the 3 star Kingsgate), an affected party.

Ms Semple maintains that the application cannot be lawfully unbundled.

█ Legal Submissions on behalf of the Millennium and Copthorne Hotels
█ Casebook for the Millennium and Copthorne Hotels

The legal submissions of Mr Hardie, Counsel for Misbeary Holdings Ltd are not yet available online at the DCC website.

[click to enlarge]

LOLOL

At Facebook:

If the independent commissioners agree with Mr Page then it’s “See you in Court, Buster”.

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Posted by Elizabeth Kerr

This post is offered in the public interest.

Stupid ORC Bus Hub : DCC notifies requirement for designation #Dunedin

Proposed ORC Bus Hub, Great King St – concept image [supplied]

CALL FOR PUBLIC SUBMISSIONS

DIS-2017-1 – Central City Bus Hub
Open for submissions. Closes 5pm 18 August 2017

Public notice of requirement for a designation
Sections 168 and 169 of the Resource Management Act 1991

The Dunedin City Council has received notice of a requirement for a new designation from the Otago Regional Council.

Notice of Requirement No: DIS-2017-1

The requirement is for: A Central City Bus Hub for Dunedin’s transport network, and includes all buildings, structures and associated facilities and activities for the carrying out of the public transport system by the Otago Regional Council. With the exception of no public parking, the designation will not prevent the use of Great King Street, between Moray Place and St Andrew Street, being used as a public road.

The designation is to provide for the establishment, operation, maintenance and upgrading of the Central City Bus Hub for Dunedin public transport service purposes and will provide public transport services described in the Otago Regional Council’s Public Transport Plan, and to provide for any site works, buildings or structures, integral and ancillary to the Dunedin public transport system, including but not limited to: Bus shelters and seating; timetable and information displays; bus stops; public amenities, including toilets; landscaping including structures; pedestrian footpaths and accessways; drainage; technology; lighting; security; vehicle priority; signage; passenger comfort initiatives and facilities; passenger information facilities; and all other structures and facilities associated with, or incidental to, a comprehensive facility for the performances of functions of the Central City Bus Hub and support of the Dunedin Public Transport Network for the Otago Regional Council.

The nature of the functions is that these activities will initially occur from approximately 05:30am to 12:30am, 7 days a week, year-round.

The sites to which the requirement applies are as follows:
● Great King Street Road Reserve, between Moray Place and St Andrew Street, Dunedin;
● Moray Place Road Reserve (part of);
● 12.4m² (approx.) within 157 St Andrew Street, legally described as Lot 1 DP 486801;
● Two areas within the Countdown car park adjoining Great King Street – one comprising 58.8m² and the second comprising 50.4m² (approx.) legally described as Lots 2 and 3, DP 6552 and Section 29, Town of Dunedin.
● 19.5m² (approx.) within the Countdown car park adjoining Moray Place, legally described as part Sections 27 and 28, Block XVI, Town Survey District;
● 63m² (approx.) within the Community House car park at 301 Moray Place, legally described as part Town Section 26, Block XVI, Town of Dunedin; and
● 60.8m² (approx.) within the Wilsons car park at 30-36 Great King Street, legally described as Lot 2 DP 338932.

The Notice of Requirement, plans showing the extent of the requirement, and the assessment of environmental effects may be inspected at the following locations:
● City Planning Enquiries, Customer Services Centre, Ground Floor, Civic Centre, 50 The Octagon, Dunedin
● The Dunedin Central Public Library
● The Mosgiel Service Centre
● Online

Please contact Paul Freeland on 477 4000 if you have any questions about the Notice of Requirement.

█ Go to this DCC webpage for all the information pertaining to the Notice of Requirement (NoR):
DIS-2017-1 – Central City Bus Hub
Closing date for submissions: Friday 18 August 2017 at 5pm.
http://www.dunedin.govt.nz/your-council/district-plan/district-plan-changes/dis-2017-1-central-city-bus-hub

****

█ Supplementary Reading
From the ‘RMA Quality Planning Resource’ (NZ):

Notices of requirement and requiring authorities

To begin the process of designating land, a requiring authority must serve a notice of requirement on the relevant territorial authority (s168 of the RMA) or lodge it with the Environmental Protection Authority (EPA) (s145(3)).  A notice of requirement is a proposal for a designation. 

The notice of requirement has an interim effect, in that it protects the land for the designated purpose until the designation is confirmed and included in an operative district plan (s178).  If the designation is confirmed it overrides the provisions of the district plan so the project or the works may be implemented by the requiring authority in accordance with that designation and any conditions attached to it.  However, the underlying plan provisions continue to apply if the land is used for a purpose other than the designated purpose.

When processing a notice of requirement Part 8 of the RMA requires the territorial authority to consider the requirement and any submissions received (if the requirement was notified), and then make a recommendation to the requiring authority. The territorial authority is only able to make a recommendation to the requiring authority and the requiring authority has the final decision on the matter. Refer to the flowchart for steps in the new designation process.

An alternative process is available under Part 6AA of the RMA for notices of requirement that are for proposals of national significance. Sections 198A – 198M of the RMA also provide for the direct referral of notices of requirement to the Environment Court for a decision.  The direct referral provisions under the RMA allow for requiring authorities to request that notified notices of requirement be directly referred to the Environment Court for a decision, instead of a recommendation by a territorial authority and a decision by a requiring authority.

The designation provides for the long-term ‘approval’ of the work. Because details of the work may not be known at the time of lodging the notice of requirement, s176A provides for further detail or subsequent changes and updates to the work through an outline plan. An outline plan is required to be submitted to the territorial authority, showing details of the work or project to be constructed on the designated land.

As for the notice of requirement process, the territorial authority only has a recommendation role for outline plans. The territorial authority is only able to request changes of the requiring authority and cannot turn down an outline plan. 

A notice of requirement and an outline plan describing the works proposed can be served/submitted at the same time. This approach can be helpful to allow the territorial authority to understand the designation, and can speed up the overall process allowing works to begin sooner. Alternatively, the requirement for an outline plan can be waived by the territorial authority if sufficient information was submitted with the notice of requirement.

Read more: http://www.qualityplanning.org.nz/index.php/plan-development-components/designations/overview/notices-of-requirements

****

All we want is …. [possibly?]

No highly coloured tarseal or paving materials not in keeping with Dunedin’s built environment.

NO Bus Hub in Great King St.

And….
smaller more frequent shuttle buses, suburban areas properly serviced with well-spaced bus stops and shelters, easy transfer cards, on-board EFTPOS card top-ups ($5 minimum), digital readouts for next bus at all stops, wifi buses, direct pick-up drop-off in George and Princes streets, well serviced peak hours and school runs, bus inspectors, highly trained drivers, mechanically well serviced buses, plenty of mobility access for all comers.

Or to just call an affordable version of Uber or Lyft.

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Posted by Elizabeth Kerr

This post is offered in the public interest.

[whatifdunedin]

DCC v LGNZ : questions about junkets and 2x dipping

Should Dunedin ratepayers and residents be worried about lack of performance at home.

****

Message received.
Sat, 5 Aug 2017 at 8:04 p.m.

[begins]
Ratepayers of Dunedin must have mixed feelings now that their Mayor has been elected to the position of President of Local Government New Zealand. Mixed, as some estimates of the time necessary to undertake this onerous role seem to indicate about 3 days a week. Representing more than 70 local authorities certainly would seem to take that time at least, and much of that time will be out of Dunedin in lobbying central government. Some of the ratepayers may think that it might not be a bad thing to have the Mayor paying attention to matters out of Dunedin, but some may be thinking that he should be in Dunedin as much as possible to undertake what has been, and should be, a full-time role.  It’s not that there aren’t pressing matters to deal with. The crumbled Aurora network and the resultant huge borrowing by the DCC company to bring the network up to an acceptable standard, the sad state of much of the infrastructure which now includes the Taieri Plain, the problems of not having dividend payments from DCHL, the prospect of another ratepayer funded swimming pool at Mosgiel when the private funding dissipates, the issue of the hospital – the list goes on and on and on.

Many mayors of much smaller local governments view their role as a full-time one and some may even wonder if the previous President of Local Government, Lawrence Yule, had been paying a bit more attention to local matters then the horrific situation whereby his local ratepayers were supplied with dangerous drinking water could have been avoided. Who knows, but we do know that Mr Yule not only had the Presidency of Local Government in his mind, but he was also eyeing up ending up in central government as the local National Party member.

All those things aside some practical questions arise.

If the Mayor is now also working as a President of LGNZ for say, 3 days a week, does his remuneration as Mayor of the DCC get reduced on a pro-rata basis? Does the position of President of LGNZ also attract an honorarium?  If so, should a pro rata proportion of that be paid to the DCC to offset the lack of availability of the Mayor to attend to his DCC duties? Or does the Mayor simply add any honorarium of the LGNZ role to his income as Mayor? And what of the role of the Deputy Mayor of the DCC? Does increased responsibilities to this role because of the absence of the Mayor lead to an increased honorarium?

I do note that the Mayor intends embarking on a national road show/tour to introduce himself to the 70+ local government authorities that he now heads up. Let us hope that this showcasing of the Mayor’s profile is done at a time when it is convenient and appropriate to those that are paying his wages. And I wonder what advice and guidance he will be giving to Mayor Dalziel now that the pro-rugby lobby is winding up to provide a covered stadium in Christchurch? What interesting times we live in.

[ends]

****

The Dunedin City Council Annual Plan 2017/18 indicates the Council will borrow an extra $100M during the next LTP period; this debt borrowing is fully separate to the Aurora Energy debt borrowing – and is not at all explained to the Ratepayers.

It was Cr Lee Vandervis who highlighted this massive extra borrowing at the full council meeting on 27 June 2017, when the council signed off (item 20) the 2017/18 Annual Plan. This query received No credible response from the mayor and councillors; or examination by the ODT reporter present.

—

Posted by Elizabeth Kerr

This post is offered in the public interest.

Apartment hotel proposal has FATAL Flaws : ODT offers Flimsy Poll

Updated post.
Tue, 7 Aug 2017 at 2:58 p.m.

We (Dunedin) are confronted by a poorly detailed, plonk-down apartment building proposal that we suspect is fronted by an agent for Asian developers –it would not be unusual for such a proposal to be offered on the strength of tainted money looking for safe haven in the South Pacific.

Our gullible country.
The gullible shiny pants Grow Dunedin partnership.
Our ever so gullible city council under the leadership of cull-cat Cull.

A massively over-height apartment building with a frilly hard-to-read podium base is proposed —a building that may never see a five star hotel as the anchor tenant (never believe unquantified/unqualified pitches from used car salesmen, if all they offer is a Price plucked from the air).

Not so long ago large tracts of New Zealand land were bought and sold for glass beads and muskets.

A lot can happen between resource consent being granted and a deathly, failing, improperly costed build.

Is Dunedin City Council about to find out.

Beware the gift horse.
It turned out Dunedin disliked the hocks of the last one (41 Wharf St), ridden by a little cardigan-wearer. The local suits were paid to make the waterfront tower seem generous, rousing and necessary. Ha-haaa.

At ALL times, the Dunedin City Council MUST stay acutely awake despite its needful dependence on independent commissioners and independent professional advisors – the latter advisors, along with some council staff, appear to have greatly missed the Fact that the minimal concept plans presented for 143-193 Moray Place DO NOT provide a workable building; or a building compliant with district plan objectives, policies, rules, and anticipated environmental results ….or prevailing traffic standards.

Oh dear. ‘So much’ [$$$] for the independent advice. Yes, expensive use of expert and staff time to massage the applicant dream – to no convincing or winning effect.

Further, Dunedin City Council MUST be prepared to APPEAL the outcome of the decision-making process should it wish to AVOID being left with another expensive DEBT VEHICLE in the form of one unfinished and or leaky building …..as the collapsed companies, and dusty heels of run-away developers and construction personnel disappear back to Asian shores, far away from Lake Tekapo ….. dangerously constructed, whole or in part, as a further burden on beleaguered Ratepayers of this fair city.

“What a stupid thing to assume!” you thunder.
“How? On what grounds?”, you chide.
“Dunedin NEEDS a five star hotel!”, imperiously.

You think it’s that simple ??
You’re about to be done over, Buds.

The inference being, oh great apartment hotel supporters, that all that glistens in green-tinted glass is gold, or might be a five star hotel. Yeah right.

It never was. The gold, I mean.
The five star hotel, I mean.
A hoover-up of NZ cash to offshore parties who remain anonymous throughout planning and consenting, and construction and building operation; all supported by the errant notion of immigrant labour and (imperfect) imported materials.

You might as well ask now, How MUCH will the Dunedin economy make ($$$) on this “slap in the face” to the community owned district plan (statutory), and the (strategic) spatial and the central city plans which are publicly consulted policy directions informing the city council’s annual and long term plans.

Not much.

****

During five days of evidence and submissions, one knowledgeable submitter, Mr Russell Lund – well up on construction management, hotel building costs, the visitor accommodation market and investment patterns, and the risk and liability to local authorities in consequence – carefully outlined the quandaries which for various councils around New Zealand have become money-losing Unalterable Fact.

In the original written submission for himself and Suzanne Lund (affected property owners), Mr Lund asserted:

The “assessment of effects” is hollow and of no substance. Under the Act, the assessment of effects is required to be just that, an assessment of effects on the affected properties and tenants. Incredibly, the assessment makes no attempt to examine the effects on all the affected parties.

This, of course, is echoed in independently written and voiced submissions by many opposing the application; and curiously, it is underlined in evidence given by Mr Don Anderson (planning consultant) and Mr David Compton-Moen (urban design, visual amenity consultant), for the applicant.

My own submission to hearing states:

We can’t take what is offered [from the applicant] on trust, because it is incomplete and imprecise; therefore the assessment of effects is difficult to pin down to anything concrete and remains unhelpfully superficial – this was “the work” the applicant was to table for us, we thought, to generously persuade us that moving beyond the ‘norms’ of height in this Dunedin location has measurable benefits against other sites or, through strong honest examination of design alternatives for this site.

I am open to being persuaded. It is expensive to do that persuading. However, it has to happen in other city centres in this country. For an expensive building, isn’t it worth doing the budgeting for preparation of your case – to get the result you want, which is consent to subdivide and build. These are open questions but they lie at the heart of A for architecture as the practical art and science of building economics and professional practice. Behind and in front of the commercial facades, that must have depth of delivery. […] And so I come to the white building model here [a 3D-printed solid plastic model of the proposed building, of hand-held size, put into evidence by Christchurch architect Thom Craig], and the drawings presented by the applicant. There appears to have been too much time spent on merely diagrammatic ‘entreaties’ to architectural form and texture without hacking into 3D investigation. There is not one clear drawing of the way the podium can work for the public or the ‘retailers’ or ‘exhibitors’ – or indeed the people staying at the hotel, servicing the building functions and or using vehicles on site. We get an idea ‘about it’, a not convincing one, there is too much guesswork to do. And so the commissioners’ questions have been rather intense.

****

Now, back to the points the Lunds are making. In their original submission on the application, Mr Lund says:

7. I have serious concerns about the expertise and amount of resource that has gone into assessing the feasibility of the project. In the last year, the Otago Daily Times advised the developer, Mr Tosswill of Horizon Hospitality, had indicated that the cost of the project, which was then 200 rooms and 52 apartments was $50-75M. The proposal now is for 210 rooms and 66 apartments, which is not substantially different. The car parking and front of house areas are similar to the original application. The application confirms the hotel has a gross floor area of 20,835 m2.
In my opinion this hotel will be not built for anything less than around $100M, and this casts serious doubts over the viability of the scheme.
Evidence of this is found for the building costs of the much simpler 200 room 4 star Novotel Hotel being built at Christchurch airport after a competitive tender process (and utilising an Asian fabricated structural steel structure). It is well known in the building industry that the tender costs received for that very regular and efficient 7 level hotel were $4,500-5,000 per m2. The Novotel is a filing cabinet design, that is, it is a completely regular rectangular structure which provides the most efficient floorplates and the best wall to floor ratio, ie the least amount of exterior wall enclosing the maximum possible amount of interior space. The Novotel has no balconies.
The applicant’s proposal is far less efficient, and therefore more costly per m2, as it is effectively three blocks grouped around a central core, but the blocks themselves are not rectangular, but have recesses, and there is a significant amount of extra cost with most rooms having screened “smokers” balconies, which entails effectively, 2 exterior systems, one for the rooms, and another enclosing the balconies.

8. The application confirms there are 16,136 m2 of above ground (habitable or hospitality space) and 4,687 m2 of below ground, back of house / car park space. At a cost of $2,200-2,500 per m2 for the below ground floors, and $5,500 per m2 for the above ground space, the proposal has a construction cost of over $100m, excluding land, furnishings, design marketing, et al. The total budget excluding GST will be around $130M. A feasibility study will typically have to include a development margin of at least 20 %, preferably 25 %, if any sort of lender is involved. This means the end value of the project will need to be at or over $160M. If the best case scenario is adopted and Mr Tosswill is able to convince Chinese or other overseas investors to pay the current market value in Queenstown for premium, new managed hotel rooms and apartments of $10,000 per m2 – for a hotel with an unproven demand in Dunedin, it is still not enough.
Selling all the apartments and hotel rooms will yield about $90M, which is a long, long way from the $160M end value needed. The parking and lower public floor spaces on a yield basis will have a value of around $10M, that might get the project to $100M. Mr Tosswill in earlier reports stated that the value was around $90M, so while there is broad agreement on the likely end value, the estimate of the cost is not close to reality. Mr Tosswill may be planning to bring in a Chinese construction company who will park a retired cruise ship at the waterfront for the duration of the project and have their workers stay there, but they will be subject to the same minimum wage laws, working conditions and health and safety requirements that local companies face, which will dramatically reduce any cost benefit from using overseas labour. (The idea of having a cruise ship accommodating Chinese workers is not fanciful – the Chinese government offered to repair the damaged sections of SH1 after last year’s Kaikoura earthquake using that same method, and did not require any New Zealand labour resources, but the Government decided that this was politically unacceptable). One hopes it would be also unacceptable to have a Council endorsed project built using essentially, forced labour.

9. There is sufficient doubt around the financial viability of the project that the applicant should provide some evidence that the entire scheme is not in fact fanciful, but makes economic sense, and provide details about the proposed ownership model, which is highly relevant to Council, in light of their liability which is discussed below.

10. Mr Tosswill may think he is able to make savings from current building costs by utilising Chinese products, but many Local Authorities around New Zealand are very wary of various untested products as there have been many failures for which Local Authorities ultimately end up bearing the cost of.
This raises another issue which is the massive liability that the building control division of the Dunedin City Council will be exposed to, in relation to its building consent approval and compliance monitoring. The experience of the QLDC in recent years is extremely relevant : A large number of hotel and apartments have been built in Queenstown and the individual hotel rooms and apartments are sold off individually. A body corporate is then responsible for repairs and maintenance. The developer has no long term or permanent stake in the completed structure, and therefore no incentive to specify materials and pay for quality standards with the long term in mind. As Warren Buffet has said, “show me the incentive and I will show you the result”, and the result for QLDC has been an ongoing series of legal actions brought by Body Corporates against Council, alleging that Council was at fault in some form, and as they are the “last man standing”, the Council have inevitably had to pay substantial figures. [I have] experience of several of these, having repaired one major complex in Queenstown at a cost of several million dollars, and provided cost evidence in regard to two others, also in Queenstown in the last year. It should be remembered that QLDC has a 7 metre height limit, but despite this, on complexes less than a quarter of the size of the proposed hotels, the cost to repair has run to millions. QLDC has advised this year in the Otago Daily Times that it has now completely drained its reserve fund for remedial building work, and any further costs will need to come directly from ratepayers. It has spent $3.6M just on legal fees for remedial building liability cases, which will rise to close to $4M by the end of this year.

11. At the Hearing, in submission, some proposals will be presented to show how the design liability and weathertightness risk to Council and ratepayers can be mitigated in the unlikely event that the proposal is given consent and such consent is upheld in the Environment Court.

Proposal 1 : A bond be posted with Council to cover sufficient funds to get the building to completed weathertight envelope and have the podium and all external works completed in the event the project is halted.

Proposal 2 : The applicant provide a Owners Protective Professional Indemnity, and have DCC named as an insured party on the policy. This is to protect indemnify the DCC against any claims brought against them in relation the building consent process, compliance monitoring or any matter for which they are liable for.

****

The applicant tabled NEW evidence at the hearing, from Infometrics. At its website, Infometrics (NZ) says it “provides industry, regional, and general economic analysis and forecasts that assist organisations in making their planning, policy, and strategic decisions”.

In the Lunds’ submission to hearing under the subheading ‘Dunedin Hotel Economic Impacts – Ongoing GDP Effects’, Mr Lund says:

….Infometrics assume that the 64 apartments will all be in the hotel pool, but acknowledge this is unclear. This significantly increases the GDP contribution as it raises the income of the hotel by around 40%, assuming conservative tariff rates of $250 per night and $350 per night per apartment. Infometrics also assume that there will be no “crowding out” of the existing activity, ie ALL guests would otherwise have not come to Dunedin had this hotel not been there. This is an unrealistic assumption.
In my opinion this report is an example of tailoring assumptions to achieve the desired outcome.
At Section 2, the “impact” of the construction phase is estimated at $45.6M in total, but based on the “key assumption” that there is capacity in the construction sector to build the hotel without crowding out other investment”. This appears to mean that if other projects are delayed, there is in fact no benefit at all because $63M of other projects will simply be displaced by the alleged $63M cost of this project. History shows that in Dunedin, Clients such as the DCC, University and some private clients keep a close eye on the state of the market. Many Ministry of Education projects have strict cost guidelines, and will not proceed if they are over budget. There have been examples of work deferred in Dunedin when the market is busy, and the Post Office Hotel is one of them. The Owner Mr Geoff Thompson, deferred the construction of the hotel for several years when he first owned the property citing the overheated construction market, due to the construction of the $220M Milton Prison project in 2005-2007.
At the present time, there is a high level of commercial construction activity at present, witnessed by the fact that there are main contractors from outside Dunedin performing the 2 largest projects in Dunedin (The Dental School and the University Science 3 project). There is every likelihood some projects will be delayed due to the high level of activity.
The report assumes that 21.1M of the $63M, or a third of the cost, will flow into the local Dunedin economy. This would be on the basis that local companies and suppliers are employed, but this is far from clear, given the estimated cost of $63M. The only way the cost could be anywhere near this level is if virtually all of the materials were low cost imports, and quite likely a proportion of the labour cost component.
The only significant material that will be made locally is concrete, and it is only the basement levels that will be predominantly a concrete structure. If out of region companies were employed for work to do such trades as painting and carpentry, as they were at the Forsyth Barr stadium, then that figure will not be accurate.
Infometrics then ascribe $16.1M to the “second round of economic effects” but acknowledge there is some “leakage of spending outside the city”. If an outside main contractor, or even an overseas contractor completes the work, they will very likely bring with them their out of town networks of subcontractors and suppliers and there will be much less than the $16.1M as the second round of effects. Having completed many projects out of Dunedin, I have first hand knowledge of the negligible economic effect of construction on the region concerned. Generally, goods and services are sourced from habitual suppliers with whom there is an ongoing relationship, and only the small consumables are sourced from local suppliers.
Mr Tosswill should clarify what the intention is regarding the construction of the hotel, and if that is not forthcoming, then he should at least confirm what type and form of construction contract will be used as that perhaps more than anything will determine whether there is the possibility of a meaningful local business component.

On ‘Construction Cost’, Mr Lund refers the commissioners to the Lunds’ original submission, continuing with:

Further facts about construction
Examples of risk from imported products
FCC (Fletcher) budgeted to use Chinese sourced bathrooms in the Novotel Christchurch projects. Did not work. Has cost FCC $2M extra (unbudgeted) to get prefab bathrooms built locally in Canterbury. The cost is $26,000 per bathroom.
Chinese steel : there are 2 major CBD projects underway in Christchurch that are steel structures using Chinese fabricated steel. On one project the steel is 12 weeks late and on the other it is 16 weeks late. The Chinese suppliers had committed to make the steel, then out-sourced it to another firm without advising the contractor, and the delays have resulted. On one of these projects there is now legal action between the Engineer and contractor because of the nature of the steel does not conform to the specification.
There is a further major dispute litigation on another major project now completed due to extreme delays with the steelwork and external cladding. The project was around 10 months late, and the Owner lost the anchor tenant (The Government) due to the delay. That project was tendered on the basis of using a large degree of imported materials from China in association with a large state run Chinese construction company, but the project was so disastrous (financially and in terms of market perception), involving a loss of 8-15M on a $50M project, it has caused the company to withdraw from large scale commercial construction and focus on project management.
External Cladding : There are only a very small number of NZ firms with the capability to design and build the curtain walling, and they have a huge backlog and extremely onerous business terms that will not be acceptable to any funder or main contractor, so the Owner will probably need to contract with them direct, and take on this risk.

These important matters aside, the legal submissions brought to hearing by Ms Lauren Semple (for Millenium & Copthorne Hotels) and Mr John Hardie (for Misbeary Holdings Ltd) blew the application out of the water; so did the transport evidence to hearing by Mr Andy Carr (for Millenium & Copthorne Hotels) to which Commissioner Mr Stephen Daysh responded by asking if the problems (such as summit points, swept paths, access to basement parking, onsite coach travel, and truck travel as well as loading access) pointed out by Mr Carr in his assessment of the proposed building’s perimeter road were “fatal flaws”? Yes, was the direct reply. Refer article: Traffic problems at hotel (ODT 3.8.17)

The hearing is adjourned until 17 August.

All ODT can do is offer a flimsy and inconsequential readers’ poll.
Not Based On Reality. Go ODT! LOL

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█ All application documents, reports, evidence and submissions for 143-193 Moray Place – Non-complying activity – LUC-2017-48 & Sub-2017-26 at this link.

Related Posts and Comments:
● 11.7.17 “Fat” gawky Hotel and Apartment building : Questionable design even with 4 floors lopped off
● 14.5.17 RNZ reports July hearings for proposed hotel apartment building [comments by Mr Tosswill]
● 4.5.17 Submissions close 10 May : Proposed 17-storey, est. 62.5 metres-high Moray Place hotel/apartment building
● 7.4.17 Proposed hotel *height and design* —the very least of it #sellingoursouls
● 5.6.17 Application lodged for FIASCO Hotel by Tosswill #DunedinWrecks
● 18.12.16 DCC set to take away CBD car parks without Economic Impact research
● 15.10.16 Battle of the hotels : DCC meat in the sandwich (unedifying)
● 5.10.16 Dunedin bauble #votecatcher
● 4.10.16 The Demon Duck freak show of partial ‘Civic’ information! Before voting closes! #Dunedin
11.1.16 Un hôtel. Dunedin.
19.8.15 Hotels ? Business ? [DCC lost +++152 fleet vehicles] —Cull in charge of building chicken coops, why ?
1.4.14 HOTEL Town Hall… Another investment group, Daaave’s pals from the communist state?
25.3.14 Hotel We LIKE: Distinction Dunedin Hotel at former CPO

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Posted by Elizabeth Kerr

This post is offered in the public interest.

█ The following images are taken from Appendix 6 – Consultant Urban Designer’s Report – Appendix plans (PDF, 1.5 MB).

They comprise
● 2 cross sections – originally provided as applicant evidence by Thom Craig Architects Ltd, and
● 7 photomontages of anticipated views – originally provided as applicant evidence by Paterson Pitts Group (surveying, planning, engineering)

– to which new height levels have been added in the evidence provided by independent Urban Design consultant Garth Falconer for Dunedin City Council.

[click to enlarge]

Delta #EpicFail and Metiria Turei : How Could This Be?

Received from Christchurch Driver [CD]
Fri, 28 Jul 2017 at 11:44 p.m.

Readers, I can hear the rumblings already – is your correspondent so bereft of new information that he has to tailgate the exploding Turei benefit scandal to catch some attention ? Is this the equivalent of Sérgio Mendes & Brasil ’66, who started well but could only survive by making instrumental covers of Beatles’ hits? (I admit, Day Tripper is a particular favourite…)

Get in behind, readers. Have yourselves a draught of Bells, and let me untangle the web that starts with the inexplicable antics of Ms Turei.

Any sentient citizen must be, by now, aware that Ms Turei attempted to make political capital out of her long term benefit fraud last week to assist in marketing the Green Party’s new welfare policy. Sadly for Ms Turei, a thing called the internet means that her previous fictions about the circumstances around her early solo parent years are all easily discoverable, and the Whale Oil blog has done a telling summary of Ms Turei’s various mendacities. (Thanks Cameron).

Overwhelmingly, the Kiwiblog and other commentariat have excoriated Ms Turei’s inexplicable move, but again, Whale Oil offered the most penetrating analysis (and no, I am not a Whale Oil subscriber, or have ever been in contact with Cameron Slater…). Mr Slater made the interesting points, repeated by Barry Soper and others, that not only was Ms Turei guilty of benefit fraud, but also received a study grant as well. Ms Turei refused to name the father of her baby to WINZ, who has now been subsequently revealed as Paul Hartley, son of Ann Hartley, former Mayor of North Shore. Consequently, no child support has ever been received from Mr Hartley. Ms Turei confirmed that “Grandma” (Ms Hartley) provided support – very likely including financial support, which undoubtedly has not been declared.

One of the unfortunate unintended effects of the whole affair is that this will be red meat to many right wing types of a particular gender and particular demographic to start a predictable chorus of “Welfare Queens” abusing the system. Middle aged guys, this was old (and not true) even when Ronald Reagan used it to get elected in 1980. As noted in the comments below, the amount of white collar fraud that goes unprosecuted is about 30 times the estimated amount of benefit fraud, so to the white collar industries of accounting and law that seek to advise on the fine line between tax “minimisation” and tax “avoidance” : let those without sin cast the first stone.  

While all this is very interesting and will lead to the certain demise of Metiria Turei after the election, if not before as the Green’s poll numbers continue to stagnate or decline, the commentariat has missed the bigger issue which is “What Did The Law Society Know and What Did They Do About It ?”.

Ms Turei initially declined to say if the fraud was disclosed to the Law Society in her 1999 interview to determine if she was “a fit and proper person” to be admitted to the bar, but then decided immediately afterward that refusing to comment would put her on a par with Jonathan Coleman and Todd McLay, so confirmed on July 26 that she had been “upfront” to the Law Society, and there had been a “long conversation” about it.

What is fascinating about this, and an extreme concern for anyone who has had to rely on or transact with lawyers, is that the Law Society, the body tasked with determining who is a fit and proper person to become a lawyer – to uphold the law – then on Ms Turei’s version of events confirmed to Ms Turei that this dishonesty did not matter.  

Readers, I too spilt Bells all over the sofa when I read that the Law Society had known about this for nearly 20 years and been complicit in Ms Turei’s dishonesty. How could it be that the profession dedicated to upholding the law could decide that some didn’t apply to them ? Following on from this if the Law Society did not think it was relevant or significant that a prospective lawyer had engaged in several years’ worth of benefit fraud, then what is the situation regarding her first employer, Simpson Grierson (one of the largest law firms in the country). Either they were lied to about the fraud, or they also had a relaxed attitude towards employing law graduates indulging in benefit fraud.

As we have often remarked in the Delta Epic Fraud series, truth is indeed stranger than fiction, and the facts of the matter are that the Law Society have previously allowed struck-off lawyers with convictions resulting from dishonesty to be reinstated to the bar.

One such lawyer is one Chris Gilbert, upon whom the fortunes of the Christchurch City Council (and indirectly, the DCC), rest in terms of the liability for the Yaldhurst Noble subdivision debacle, in the latest litigation. In reinstating Mr Gilbert to the bar, the Law Society ignored the opposition of three lawyers and two branches of the Law Society, including the Otago branch, who said the gravity of the offending made him unsuitable for reinstatement. Mr Gilbert “misappropriated” $44,000 of client funds in 1987 and 1988. Compounding this, a few years later, Mr Gilbert appeared to think that the Society’s rules were all overrated anyway and proceeded to sign legal documents on the fiction that he was still in fact a lawyer ! Brandishing a wet bus ticket, the Law Society warned Mr Gilbert “there would be no third chances !”.

Readers, like you I regard law firms as a bunch of parasitic sharks, and yes there are plenty of law firms with lawyers you would cross the street to avoid. But Mr Gilbert is not one of those. Mr Gilbert….is the legal services manager at the Christchurch City Council and was offered a job by the CCC with full knowledge of his dishonesty. NZ Herald (2004)

Readers, two hands on the cup : The Christchurch City Council actually said that Mr Gilbert “was the best candidate for the job”. This was rather against the advice of the Waikato Law Society, where Mr Gilbert committed his first fraud: they said in an affidavit Mr Gilbert was not a “fit and proper person” to be a lawyer.

Now place the cup down – you won’t cope with this : The Law Society gave Mr Gilbert his “third chance” on the basis that he could only work for the CCC. In other words, he wasn’t allowed to act for private individuals who had the choice to take or leave his services and make complaints if warranted. Instead he could be responsible for issues involving huge amounts of ratepayer funds, because the Law Society appeared to think that position required a much lower standard of integrity.

Readers, why would the Christchurch City Council employ Mr Gilbert ? Readers, feel free to draw your own conclusions. The most incredible fact of this rather incredible tale is that Mr Gilbert was no short-term stopgap to tide the CCC over a tight staffing spot. Mr Gilbert has been the team leader of legal services at CCC for 13 years. He seems to be part of the institutional furniture, and appears to be indispensable.

Your correspondent is advised that in relation to the Noble Yaldhurst litigation, Mr Gilbert is not surprising the plaintiffs with bursts of even-handedness.  

This perhaps is one reason why the pace of the Christchurch rebuild is glacial – Minister Brownlee and the Government would be fully justified in having serious reservations about the competence of the Christchurch City Council, and not just in the building control division.

Readers, tonight’s conclusion is surprising – we as Dunedin ratepayers can look with relief at Mr Gilbert and know that within the DCC itself (although NOT Delta and Aurora) this would never occur under the present management.

[ends]  

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Welfare fraud targeted more than tax evasion
White collar criminals get a better deal than welfare fraudsters because the system is biased before they even get to the courts, a lawyer says. Research by Victoria University shows 10 times more welfare fraudsters were prosecuted than tax evaders even though tax evasion costs the economy 33 times more. The research shows tax evasion amounts to at least $1 billion a year compared with $30 million for welfare fraud, but the courts are much harsher in their treatment of welfare fraudsters. RNZ News (2016)

Disclaimer: The site owner is not responsible for the currency or accuracy of content of contributed comments; and the inclusion of the information provided does not imply endorsement by the site owner.

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Posted by Elizabeth Kerr

This post is offered in the public interest.

 

Cats —or, Infrastructure spending, Council debt, and Disenfranchisement of Ratepayers

Council cat squad checking rego fees [supplied]

After the great floods, the common affliction amongst leaders, “water on the brain”.

█ The ‘thinking’ – DCC cat control remit for LGNZ AGM

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At Twitter:

Warming: The "cat rangers" are coming – if Local Govt NZ President & Dunedin Mayor Dave Cull has his way (Video) https://t.co/VHyv1Ns2sy

— Dave Goosselink (@davedunedin) July 26, 2017

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“There may be issues with cats but they also serve a useful purpose in controlling pests. The cat population doubled to two at my place last year, and we have more tui and bellbirds around than ever, as well as visits by kereru and eastern rosellas and fantails and waxeyes. The cats occasionally catch a bird but most often it is a sparrow or a thrush. But it looks like the Dunedin council and some others are keen on requiring the herding of cats. They kept as quiet as they could on cats during the local body elections, and now mid term they try to foist it on the public. Devious.” –Pete George at YourNZ

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Councils will now lobby the government to finish its National Cat Management strategy.

### radionz.co.nz 6:05 pm on 25 July 2017
RNZ News
Councils seek greater powers to control cats
By Michael Cropp – Wellington Local Government Reporter
The country’s councils are calling on the government to give them extra powers to protect wildlife from cats including microchipping, de-sexing and registration. Local bodies have the power to control dogs and their behaviour, but they only have jurisdiction over cats when they become a health risk. While the remit presented by Dunedin City Council at the meeting acknowledged the companion role of animals, it noted cats are a danger to wildlife. […] The controversial remit scraped through with just 51 percent of the vote at the Local Government New Zealand annual general meeting.
….Auckland mayor Phil Goff said his council abstained from the vote because it was not sure what it would mean for the 500,000 cats in the country’s largest city. “We are in favour of practical measures to protect native birdlife …. We’re not in favour of bureaucratic measures that might involve millions of dollars of council time and energy but doesn’t achieve the objectives that we set out to achieve,” Mr Goff said.
Read more

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More about ‘LGNZ The Blight’:

Local Government New Zealand – Media Release
Local government to debate four remits and elect new President at AGM
News type: National news | Published: 21 July 2017
The local government sector will voted on four issues when it gathers for its annual AGM in Auckland on Tuesday 25 July. There is a focus on litter legislation, local government funding, cat management and health in this year’s remits. The AGM follows this year’s LGNZ Conference, when over 600 delegates from local government and its stakeholders, industry and community will gather in Auckland for the two day event [23-25 July]. The theme of this year’s conference is Creating pathways to 2050: Liveable spaces and loveable places. Remits are voted on in a secret ballot and if passed will become official policy and be actioned by Local Government New Zealand. Local government will also be voting for a new LGNZ President to replace Lawrence Yule, who steps down after nine years in the role.
….National legislation to manage cats
The third remit was proposed by Dunedin City Council and asks that LGNZ lobby the Government to take legislative action as a matter of urgency to develop national legislation includes provision for cost recovery for cat management.
Throughout New Zealand councils are tasked with trying to promote responsible cat ownership and reduce their environmental impact on wildlife, including native birds and geckos.  Yet, territorial authority’s powers for cats are for minimising the impact on people’s health and wellbeing, and regional councils’ powers are restricted to destruction of feral cats as pests.  The remit seeks the protection of our wildlife and native species by seeking regulatory powers for cat control, including cat identification, cat de-sexing and responsible cat ownership.
….The LGNZ AGM is open to members only. Following the meeting, LGNZ will advise of the outcomes of all votes.
Read more

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Cat rangers and collars with bells on are some of the ideas Dunedin City Council wants to lobby Government for.

### Stuff.co.nz Last updated at 14:28, July 10 2017
Cat control: many Kiwi councils ready to lobby for national rules
By Libby Wilson
Councils around the country are looking to band together to rein in roaming moggies. Dunedin City Council has suggested its colleagues help it push the Government for national rules that could include cat rangers and shutting cats in overnight. Seven other councils around the country have given the idea, and its environmental focus, their backing ahead of a July vote at the Local Government New Zealand annual meeting.
Read more

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‘Vacuum of cat management policy and services in Dunedin’, local submission says.

### nzherald.co.nz 29 Jun, 2017 7:02am
Dunedin council proposes registration of cats in New Zealand
A Dunedin proposal that could result in the registration of cats in New Zealand will be discussed nationally. The proposal from the Dunedin City Council, in consultation with seven other councils, will next month go to a Local Government New Zealand (LGNZ) vote. If it is successful, LGNZ would make it a policy, and begin lobbying the Government to have it made law. The proposal could see the Government called upon to develop legislation for cats similar to the Dog Control Act. It already has the support of the Otago Regional Council, one of 78 councils which will vote on the idea.
Read more

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### ODT Online Wed, 17 May 2017
DCC seeks support for cat control
The Dunedin City Council will seek support from other New Zealand councils to gain greater control of cat management. If additional support from councils was gained, a remit would ask Local Government New Zealand to call upon the Government to give councils statutory power to control cats. The DCC was researching a Wellington City Council bylaw on microchipping cats. However, the current bylaw could not be enforced by non-compliance fees. Cat management would focus on the control of wild cats.
Link

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S T O P ● P R E S S

At Facebook:

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Related Posts and Comments:
26.7.17 RNZ Morning Report : Guyon Espiner sticks claws in Cat Cull & Curfews
25.7.17 To borrow from Stevie Smith : ‘the truth is I think he was already stuck’
22.7.17 Regional state of emergency lifted in Otago (incl Dunedin & Waitaki)
21.7.17 Rainy Day reading —The Spinoff : Ministry of Transport fraud case
21.7.17 DCC ORC : Heavy rain warnings preparations #PublicNotice
1.7.17 LGNZ, don’t wish ‘his lordship’ on New Zealand #VoteRachelReese
3.6.17 ODT updates mayoral vehicle serious injury crash information
24.4.17 LGOIMA vehicle (DCC) : Hyundai Santa Fe (2016) written off Jan 2017
10.12.16 Oh christ ! [LGNZ bureaucratic dopefest]
21.7.15 Dunedin to host LGNZ 2016 conference —FFS TIME TO TAKE IT OUT
21.5.15 DCC and LGNZ, total losers
2.2.15 LGNZ run by Mad Rooster Yule, end of story
10.10.14 Cull consorts with losers at LGNZ
26.6.14 LGNZ #blaggardliars

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Posted by Elizabeth Kerr

This post is offered in the public interest.

DCC Proposed Camping Control Bylaw 2017 : Public Consultation

The camping control bylaw consultation process was publicly notified on Saturday, 22 July 2017, in the Otago Daily Times.

We have been following the nightmare tale of freedom campers at Warrington Domain —the council did not enforce its existing Bylaw 23 last summer. Local residents were no longer able to use the messed up, vehicle covered village green for pleasure and recreation. Instead, DCC had allowed the whole domain to be turned into a muddy rutted car park. Over summer 1000s of freeloading campers were subsidised by Dunedin ratepayers at roughly $10.00 per head per night. Disgraceful. An appalling and gutless lack of care and management shown by the council.

AFTER ALL THIS . . . .
It is a pleasure to note (finally, yes!) that DCC’s preferred option for bylaw adoption is sensible and workable. Please support this option.

There are 3 options to choose from.

█ The best option is DCC’s preferred option : a ban on people sleeping in cars and restricting freedom camping to self-contained campervans only.

This is the only responsible option – it will reduce camping issues at domain grounds, such as Warrington and Ocean View.

The other 2 options are messy, they require more work and will not be easy to enforce or manage.

█ Please fill in the form at the link below and select:
– Option 1. “Limit freedom camping to certified self contained vehicles only”.

Warrington stakeholders, in particular, see no reason to comment on the “criteria to apply to sites” questions. Just leave them blank.

They recommend you note the following in the Comments section:
– Area at Warrington for certified campers to be limited in area to accommodate maximum 10 vehicles per night.
– No non-self-contained vehicles.
– No freedom camping anywhere else in Warrington other than a small designated area in the domain.

█ Link to the online submission form:
http://www.dunedin.govt.nz/council-online/online-forms/proposed-camping-control-bylaw-2017

Please complete the form and share this information with friends and colleagues.

At last DCC has done something right by preferring Option 1.

++++++++++++++++++++++++++++++++++++++++++++++

DUNEDIN CITY COUNCIL

Proposed Camping Control Bylaw 2017
Closes: 09/08/2017

DCC is asking the community for feedback on a proposed change to freedom camping in the Dunedin area. They would like your views on whether DCC should continue to provide freedom camping for both certified self-contained vehicles and non-certified self-contained vehicles.

The Statement of Proposal outlines changing the current bylaw to provide camping areas for certified self-contained vehicles only.

Two other options have also been considered and these are:
– to continue to provide for both certified self-contained vehicles and non-certified self-contained vehicles
– to provide extra areas for non-certified self-contained vehicles based on a set of criteria.

The proposed change is in response to the impacts of overcrowding at the two existing unrestricted camping areas at Warrington and Ocean View, and because of changes to the current standard for certified self-contained vehicles.

Freedom camping throughout Dunedin is very popular, especially between November and May. The focus of this bylaw review is to make the bylaw more robust and workable, based on two seasons’ worth of feedback and observation.

Following community feedback and hearings, the Council will consider the submissions and decide on any changes. DCC hopes to have the new bylaw in place in October/November.

█ Feedback closes 5pm 9 August 2017

Consultation documents:

Proposed Camping Control Bylaw – Public Notice (PDF, 123.4 KB)
This document is a pdf copy of the Public Notice for the Proposed Camping Control Bylaw 2017 consultation

Proposed Camping Control Bylaw – Statement of proposal (PDF, 216.0 KB)
This is a pdf copy of the Proposed Camping Control Bylaw 2017 Statement of Proposal

Part 23 Dunedin City – Proposed Camping Control Bylaw (PDF, 1.4 MB)
This is a pdf copy of the Proposed Camping Control Bylaw

23. Camping Control Bylaw
This is a pdf copy of the current Camping Control Bylaw 2015

Proposed Camping Control Bylaw Feedback form (PDF, 394.9 KB)
This pdf can be downloaded and completed to provide feedback to the Proposed Camping Control Bylaw consultation

Consultation details:

Closing date: 09/08/2017
Contact person: Ashley Reid
█ Public feedback: Online submission form

Email to – camping.bylaw@dcc.govt.nz
Post to – Dunedin City Council, PO Box 5045, Moray Place, Dunedin 9058. Attention: Proposed Camping Control Bylaw
Hand deliver to – Dunedin City Council Customer Service Centre, 50 The Octagon, Dunedin. Attention: Proposed Camping Control Bylaw

DCC Link

ENDS

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Posted by Elizabeth Kerr

This post is offered in the public interest.

Rainy Day reading —The Spinoff : Ministry of Transport fraud case

The ever-deepening storm centred on the Joanne Harrison fraud case just became a hurricane. Yesterday’s State Services Commission investigation report is likely to trigger a new chain of events that could extend well beyond embattled Auditor General Martin Matthews, writes Peter Newport

### thespinoff.co.nz July 21, 2017
Politics
The Ministry of Transport fraud case: Why the rot goes deeper than Joanne Harrison
By Peter Newport | Contributing writer
The State Services Commission investigation, published yesterday, makes one thing very clear: Joanne Harrison influenced the exit of four fellow Ministry of Transport employees who tried to tell their bosses that she was a fraudster. She managed to hire friends and steal over $700,000 from the ministry despite numerous staff attempting to call attention to her actions. This all happened while she was reporting directly to then-chief executive Martin Matthews, who is now our auditor general – albeit on temporary leave. The Commission has now apologised and is offering compensation to those former staff members. Its report also highlights many other issues at the Ministry, arguing that the 17-year-old legislation that covers whistleblowers needs to be changed and improved.

A second investigation, into whether Martin Matthews is a suitable person to continue as auditor general, is due from Sir Maarten Wevers in the coming days. Matthews is currently constructing his response to the unpublished, but complete, Wevers investigation. He has been given until the end of this week to complete it.

The Harrison case has some similar dynamics to the Todd Barclay drama. It’s become less about the initial problem than how it was handled. Who told the truth and who tried to obscure or even bury the truth. The difference with the Harrison situation is that she is now in jail and the truth is coming out – fast.

The Spinoff has been looking at exactly who did what, and when. That job has been made easier by a new, recent MOT whistle-blower who has produced and provided to us a detailed timeline noting all the evidence, which we publish here, utilising material released by the Ministry of Transport and available to view here. The same whistle-blower has shared a bizarre insight into Martin Matthews’ statements during his time at the Ministry of Transport.

But first, a quick tour of the jigsaw puzzle of documents that reveal a picture of Martin Matthews being given not clues, or hints, but what appear to be multiple solid facts that highlighted Joanne Harrison as a Grade A con artist and thief.
Read more

Founded in 2014, The Spinoff is New Zealand’s fastest growing media startup, amassing a monthly New Zealand audience of over 500,000 in less than three years.
We’ve assembled a team of agenda-setting journalists and critics, working across text, audio and video to create a true 21st century media brand. In just two years, The Spinoff has been nominated for 24 Canon awards, winning six. Our growth has been driven by a creative editorial style and innovative business model, emphasising long-term relationships with like-minded brands and a close connection with a young, educated and urban audience. Duncan Greive won both NZ Marketing Magazine‘s Editor of the Year as well as the People’s Choice title for Editor and Media Visionary in their media issue, July 2017. The Spinoff also claimed the title for Digital Media Brand of the Year as well as the People’s Choice title for the same award.

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Comment received from russandbev
2017/07/21 at 10:52 am

The recent revelations about what happened to the whistleblowers in the Ministry of Transport have, I’d suggest, application in Dunedin. Think of the parallels. In the MoT case a manipulative person with a barely-hidden track record of fraud and vindictiveness as well as a well developed sense of entitlement goes about systematically defrauding a government department of close on 3/4 million dollars. Not through some incredibly complex fraud, but one of simply creating business that didn’t exist and creating invoices from them for services that were never provided. Not exactly something that would take a lot to investigate.

Whistleblowers blow the alarm whistles to their managers and nothing happens and the further up the chain the questions were asked, the more dismissive the denials became. Meantime the fraudster moves against the whistleblowers. The Head of the Ministry moves on to even more wondrous things as Auditor General (is that ironic or is that ironic?) and the Minister dismisses all suggestions of wrong-doing. Even the Speaker of the House who employs the Auditor General doesn’t want to get involved.

Now found that the whistleblowers were entirely vindicated by their concerns and they get private and public apologies and a confidential settlement to, in part, recompense them for their treatment by both a fraudster and by management and governance failures. The Protected Disclosures Act [2000] is supposed to protect whistleblowers in BOTH public and private sectors.

Now, I don’t think anyone is suggesting fraud in the case of Aurora/Delta and that should be made plain. However look at the track record of these companies. A fearful record of stupid property speculation costing many many millions which is still going on thanks to Yaldhurst. A willingness to go along with borrowing to supply dividends to the DCHL and the DCC. Decades of ignoring maintenance on the Aurora network closely linked to the governance requirements to minimise costs, maximise profits and supply dividends to build vanity projects by the owners and now the spendup of northwards of 3/4 billion dollars on urgent maintenance bought about these years of neglect.

And then think of the years and layers of denials that these things happened over. When Richard Healey found he could no longer keep working in the company because of all that was being hidden, he gets vilified by EVERYONE that should have listened. EVERYONE is in denial including his past Managers who continued to receive their grossly inflated salaries and those in governance – many of whom refused to even sit down with him and discuss his concerns.

Am I the only one to see the parallels in how a Ministry or a City company deals with whistleblowers? I wonder if we will ever see similar end results in the case of Richard Healey?

{Link added. -Eds}

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Reply from Elizabeth
2017/07/21 at 1:02 pm

Not involving Aurora:

Charges of Constructive Fraud have been brought, by joinder, against Delta Utility Services Ltd in the Christchurch High Court by the caveators (original property owners of the Noble Subdivision) at Yaldhurst. The case proceeds.

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[decisionmaker.co.nz] formatted by whatifdunedin

█ Transparency International New Zealand
http://www.transparency.org.nz/

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Related Posts and Comments:
19.7.17 Southern Police : Nothing changed since Tom Lewis wrote Coverups & Copouts
18.7.17 Delta | Infinity | CCC staff collude to defeat Yaldhurst residents (again)
23.5.17 Topical debates on Corruption in New Zealand
22.2.17 Some Councils/CCOs get cleanup from FRAUD and CORRUPTION #NotAll
9.12.16 Auckland corruption charges proved —ring any bells? #South
28.1.16 New Zealand local government T-shirt #haze #corruption
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14.9.15 Screening tonight: Paradigm Episode 2! Local Government Corruption in NZ #Sky #YouTube
23.7.15 Publicise: laudafinem.org
13.5.14 Stuff: Colin Espiner usefully defines Corruption

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Posted by Elizabeth Kerr

This post is offered in the public interest.

Fletcher Building subject to investigation by NZX

### tvnz.co.nz 11:54am
1 News
Source: NZN
Fletcher Building to be investigated by NZX as company announces much-reduced earnings
The New Zealand stock exchange says it will be investigating Fletcher Building’s additional profit warning for the year ended June 30 and the departure of chief executive and managing director Mark Adamson.
“NZX will be making inquiries into today’s disclosures, given FBU’s continuous disclosure obligations under the listing rules,” the NZX Head of Market Supervision Joost van Amelsfort said in a release.
Separately – in accordance with NZX’s routine surveillance processes – trading ahead of today’s announcement would be assessed in detail, it said.
That would be on top of NZX’s ongoing investigation into the disclosure of FBU’s previous earnings downgrade in March 2017,” it said.
Read more

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### interest.co.nz
Posted in Property July 20, 2017 – 09:13am
Fletcher Building has announced the immediate departure of chief executive Mark Adamson and says operating earings this year will be around $100 million less than previously indicated
By David Hargreaves
Construction giant Fletcher Building says chief executive Mark Adamson is leaving immediately, while the company’s now forecasting operating earnings of around $100 million less than its last forecast.
Additionally, the company says it’s writing down the value of two business units by about $220 million. This will not be a ‘cash’ loss per se, but will carve about 3% off the value of the company’s assets.
The share price fell – down about 8.5% to $7.40.
….The $220 million write-down relates to the Iplex Australia and Tradelink subsidiaries.
Fletcher indicated that most of the reduced earnings forecast would come through two major projects: “A major project subject to previous write-downs, which has required an increase in project resourcing and therefore cost as it nears completion,” and “a second major project where construction timelines and the likely completion date have been extended”.
This is the third major profit warning the company has issued this year. After the last one in March it was speculated – and never denied by the company – that the two projects causing the biggest problems were Government projects; namely the new Sky City International Convention Centre in Auckland and the new Justice and Emergency precinct in Christchurch.
Read more

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Sky City International Convention Centre

Remember the National government waffle:

### ODT Online Wed, 28 Oct 2015
Fletcher signs with SkyCity
By Simon Hartley
SkyCity’s $700 million convention centre and hotel project in central Auckland has contracted Fletcher Building for $477 million of the work, expected to begin by December. […] Despite controversy over the project, there was negligible political response to yesterday’s announcement, other than Minister of Economic Development Steven Joyce talking up the importance of the “national facility”.
Read more

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20 July 2017
STATEMENT FROM FLETCHER (via interest.co.nz)

– Fletcher Building announces expected earnings for the financial year ended 30 June 2017
– Operating earnings expected to be approximately $525 million, down from previous guidance of $610-$650 million
– Likely impairment up to $220 million relating to Iplex Australia and Tradelink business units
– Departure of Chief Executive Officer (CEO) and Managing Director Mark Adamson
– Appointment of Francisco Irazusta as interim CEO, effective Monday 24 July 2017

Fletcher Building has today announced it expects operating earnings before interest, tax and significant items (‘EBIT’) to be approximately $525 million for the year ended 30 June 2017.

Trading in the Building Products, International, Distribution and Residential and Land Development divisions, as well as three of the four business units in the Construction division (Infrastructure, Higgins and South Pacific), are in line with the Company’s expectations, previously provided at the time of the interim results on 22 February 2017.

However, as work on major projects in the Building + Interiors (‘B+I’) business unit has progressed, it has become apparent that losses in B+I will exceed those previously estimated. The deterioration is due to:
– A major project subject to previous write-downs, which has required an increase in project resourcing and therefore cost as it nears completion;
– A second major project where construction timelines and the likely completion date have been extended;
– Reduced profit expectations on a number of smaller projects in the remainder of the B+I portfolio.

Fletcher Building Chairman Sir Ralph Norris said: “It is very disappointing to see further losses being reported in our B+I business, particularly when the vast majority of the remaining Fletcher Building business units have performed so well during the year. I know our people in B+I are working incredibly hard to deliver a number of projects for our clients and I would like to acknowledge their efforts.”

In addition, consistent with standard practice at the end of each financial period, Fletcher Building has undertaken a review of the Balance Sheet carrying values of its business units. This review has indicated that the value of two business units, Iplex Australia and Tradelink, are likely to be subject to an impairment charge of approximately $220 million, when the company finalises its financial statements in August. An impairment of this nature would be reported below the EBIT line and have no impact on cash earnings.

An impairment charge of $220 million would represent approximately 3% of the group’s total assets as at 30 June 2017. The amount of asset impairment is indicative at this stage and is subject to finalisation of the year-end audit.

“With regards to the impairment of Iplex Australia and Tradelink, while we do see progress in these business units the Board felt it was prudent to recognise that the near to medium term estimates of profitability in each business are not aligned with current carrying values,” continued Sir Ralph.

The Board also announced the departure of Chief Executive Officer (CEO) and Managing Director, Mark Adamson.

Sir Ralph Norris said: “The Board believes it is the right time for Mark to leave the Company, to allow a new CEO to lead Fletcher Building through this period and into the next phase of its strategy. The Board would like to thank Mark for his work and we wish him the best in his future endeavours.”

Mark Adamson said: “I am disappointed to finish my tenure on the back of a challenging result in the Construction Division, however I am proud of what has been achieved over the last five years – most notably the turnaround of Formica, double-digit earnings growth in Distribution, our acquisition of Higgins and the significant progress in our residential development division.”

The Board has appointed Francisco Irazusta interim CEO effective Monday 24 July 2017.

“Francisco joined Fletcher Building in March 2015 and is currently Chief Executive of the International Division. Prior to joining the Company he held senior leadership positions with a number of building products companies in North America and Europe and will provide stable leadership for the business during this transition, with the support of myself and the Board,” finished Sir Ralph.

The Board will now commence a process to appoint a new CEO.

[ends]

█ Fletcher Building http://www.fletcherbuilding.com/

Christchurch Justice and Emergency Services Precinct

Other news:
● NZH: Fletcher CEO sorry for inflammatory internal email: Chairman
● Stuff: SkyCity confirms delay to international convention centre as Fletchers feels ‘pain’
● NZH: CEO departs amid Fletcher’s $415m fortune turnaround, stock drops to 16-month low

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Posted by Elizabeth Kerr

This post is offered in the public interest.

Delta | Infinity | CCC staff collude to defeat Yaldhurst residents (again)

Yaldhurst Subdivision (former Noble Subdivision)

S T A T E ● O F ● P L A Y

Christchurch City Council is failing to ensure compliance with the subdivision consent and is then assisting the developer Noble/Delta – Infinity/Delta, to screw the Yaldhurst residents.

[click to enlarge]

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About five of the affected Yaldhurst residents gave deputations to the full meeting of the Christchurch City Council on Thursday, 6 July 2017.

Prior to the meeting, the Infinity Joint Venture of which Delta is a majority partner (with its $13m gift investment from Dunedin City Council) had convinced CCC staff to sway Christchurch City councillors to vote for the dedication of private roads as opposed to vesting ownership in the Council. This in the attempt to first defeat land covenants the affected residents have over the property registered in 2003 to protect their inclusion in any subdivision. However, Land Information New Zealand (LINZ) cannot accept roads vesting in ownership with the Council when there are any encumbrances on the land – such as the residents’ covenants.

For the residents, Colin Stokes, at the council meeting, distributed to councillors a review of what CCC staff have done over the years.

Of course, as the facts flow they continue to entwine around Delta.

The residents are fighting to protect and enforce their rights in the subdivision consent; and to halt Delta and their Southern associates’ onslaught against them.

****

Received from Colin Stokes (Yaldhurst resident and caveator)
Wed, 12 Jul 2017 at 9:16 a.m.

Thanks for your ongoing support Elizabeth

Chris Hutching’s piece (The Press 10.7.17) is weak and void of facts that present our case.

● We have Land Covenants registered over all the land in 2003 to protect our inclusion in any subdivision – our specific Access Lot road has to be formed and vested to Christchurch City Council standards with CCC as a term of extinguishment of the covenants.
● The encumbrance on the land prevent vesting of roads as LINZ won’t allow roads to vest with the council with them on.
● Infinity/Delta behind closed doors with CCC staff came up with a scheme to dedicate the roads under old rules (not compliant with the RMA and the subdivision consent) so as to circumvent our covenant protection.
● The real story is that CCC is breaking rules and NOT requiring compliance with the subdivision consent so as to cheat the residents of their protection and their interests protected by that protection so as CCC and the developer can cut them out of the subdivision.
● CCC and the developer Noble/Delta – Infinity/Delta have taken conditions out of the consent, varied the consent, and permitted non-complying undersized infrastructure that makes our part of the subdivision impossible – specifically stormwater pipes and basins required on the lower lying developers’ land which is where the consent (and physical topography and site layout) requires our stormwater to go.
● CCC failing to enforce the conditions of the consent as the law requires means our Access Lot road cannot be formed, meaning we can not subdivide.
● Delta with the misuse of mortgagee powers passed the property to itself, or at least part of the property ($13.4m of an $18.35m “sale” = 73% of which $12.5m was left in the property in passing it to Infinity in the orchestrated “sale”).

[ends]

****

Prepared Summary and Review with subdivision plans as tabled at Christchurch City Council’s meeting (6 July), to assist understanding:

███ D 2017 07 04 Summary and Review of Circumvention of Covenants for Councillors Yaldhurst (16 pages)

1 Plan RMA92009135

2 Plan RMA92009135 hlite

The coloured plan shows the residents’ Access Lot between green lines going from Yaldhurst Rd and then dog-legging east to west. What is inside the yellow border is what is within the Subdivision Consent (note there is an internal yellow small 2 sites that are NOT in the consent – and 3 other of the residents’ lots in common ownership on the NS leg are not included in the consent).

It is this east west leg of the Access Lot that requires widened roading to enable the Lots each side to be subdivided pursuant to:-
– 2002 Agreements for sale and purchase (and 2008 further agreement)
– 2003 Registered Land Covenant Protection [see Summary and Review, page 1 para 2 for terms of extinguishment]
– 2009 Subdivision Consent (Condition 5 and stormwater Conditions for it 9.) [see Summary and Review, page 5 para 12]

The problem is
– the Security Sharing Joint Venture (Noble/Delta/Gold Band) SSJV designed and constructed their part of the subdivision such that it made the East West Access Lot owners (residents) parts of the subdivision impossible AND that the Council permitted this.

– Undersized stormwater infrastructure was corruptly installed without consent to NOT include the residents’ subdivisions (all the while falsely assuring residents it did).

– The stormwater is required to be on land the residents transferred to the developer in return for this stormwater and other provisions. It is required to be there for numerous reasons including physical and legal reasons;
* Residents transferred the land in return for this provision
* 2003 Land Covenants protect this land for that provision (required for the Access Lot Road to be formed and vested)
* 2009 The Subdivision Consent requires it to be on the developers’ land (Condition 9.5 which “disappeared”) [see Summary and Review, page 5 para 12 and page 10 email 16 Feb 2010]
* Residents that are part of that subdivision consent have the legal rights to the stormwater (s134 RMA) – the Council is refusing to enforce the conditions of the consent; and permitted the developer to NOT comply with the conditions.
* Land topography and layout physically requires it to go there. The land slopes High NWest to SEast Low

– Delta went ahead and constructed the infrastructure without legal consent – [see Summary and Review, page 10 email 22 Aug 2012]
* This is akin to a builder building a house without consent.
* Council failed to issue an abatement notice for works being complete without consent, and to non-complying standards.

For all the Council staff failings, and the consent holders and JV partners’ failings and corruption of making the residents parts of the subdivision impossible:-
– Delta/Infinity and Council staff are recommending to the Elected Council to vote to circumvent the residents’ Land Covenants so:-
* the residents roading and subdivisions will no longer be protected and will be impossible;
* the JV Infinity/Delta will make more profit by not having to comply with the conditions of the consent that requires the residents’ roading and inclusion (as above)
* Council staff “mistakes” and wrongdoing of permitting non-complying works and not enforcing the conditions of the consent (as required by law) will be covered up.

– Delta and DCC was the facilitator of transferring the property from the Delta/Gold Band/Noble Joint Venture to the Delta/Infinity Joint Venture.
– Delta (illegally) owned 67.5% of the 1st mortgage and controlled Gold Band through their Security Sharing JV.
– Delta’s assurances it had nothing to do with the mortgagee sale is a lie.
– Delta refused to allow Gold Band to accept offers to redeem the 1st mortgage (illegal under s102 & s103 Property Law Act).
– DCC refused to allow redemption of the 1st mortgage.
– DCC (and Delta) refused to accept assignment of the 1st mortgage when Colin Stokes and another (as parties with interests in the land entitled to redeem) offered it to them
* had they done, Delta could have registered about an additional $16m in agreements to mortgage they were sitting on
* all that was required in return was “our little road” which is a LEGAL REQUIREMENT of the subdivision consent in any event.

[ends]

As reported by The Press, the eight-year dispute involving the stalled Yaldhurst subdivision has now gone to mediation between the property owners and the developers.
The dispute has been aired in several High Court cases between the private landowners and the developers, which are continuing.

Related Post and Comments:
11.7.17 Delta has deep fingers into 8-year subdivision dispute at Yaldhurst

█ For more, enter the terms *delta*, *aurora*, *grady*, *luggate*, *jacks point*, *dchl*, *auditor-general*, *noble*, *yaldhurst* or *epic fraud* in the search box at right.

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Posted by Elizabeth Kerr

This post is offered in the public interest.

DCC makes no direct return from rugby or events held at Fubar Stadium

L A S T ● M O N T H ’S ● P R O N O U N C E M E N T ● F R O M ● A B O V E

ODT 20.6.17 (page 6)

ODT 26.6.17 (page 8)

Trevor Lloyd: Defeat of British rugby by the All Blacks in 1905 [pinimg.com]

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Posted by Elizabeth Kerr

This post is offered in the public interest.

If you meet bleak people not from here, on a Monday, reach for The Economist

The Economist

—

Received from Lee Vandervis
Friday(!) at 9:37 a.m.

“What if?”: The joy of hypotheticals

Today The Economist launches the 2017 edition of The World If, our annual collection of scenarios. Some of last year’s predictions proved to be uncannily close to what actually transpired, so readers may be tempted to search our latest batch for future surprises. Yet the point of asking “what if” questions is not to make predictions. It is to stretch thinking. Some of our speculation is deadly serious, but escaping reality can also be fun.

Note, The Economist [signs as]:
Published since September 1843 to take part in “a severe contest between intelligence, which presses forward, and an unworthy, timid ignorance obstructing our progress.”

PS. Today Monday I find Dunedin is warmer than brittle Jafas in bad spirits, who left their manners other side of Cook Strait.

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Posted by Elizabeth Kerr

This post is offered in the public interest.

Asbestos contamination at Dunedin Railway Station

[womentravelnz.com]

There’s a new tenancy at the Dunedin Railway Station.

People working on the project had been told the whole underfloor area was safe to enter; that there was plastic down.

Turns out the plastic cover ran short, and a number of site workers had crawled across bare dirt, kicking up a lot of dust as they went – it was found the area had been contaminated with asbestos.

We understand workmen from several companies have been affected.

The Dunedin Railway Station is a council owned property. Affected sitemen have since had their names added to the WorkSafe Asbestos Exposure Database; and Health and Safety meetings have been called to review safety drills and gear provision.

It appears a few people have slipped up along the ‘food chain’ of managerial responsibility for the workers, starting with DCC management (the building owner).

We hear DCC is now paying for workers to be educated on what protection gear they must wear on exposed asbestos worksites.

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Related Post and Comments:
19.6.16 Thoughts on ODT Insight : Chris Morris investigates Asbestos plague

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Posted by Elizabeth Kerr

This post is offered in the public interest.

Delta has deep fingers into 8-year subdivision dispute at Yaldhurst

Blind Justice (detail) by Beeler – Columbus Dispatch 2016 [caglecartoons.com]

****

### Stuff.co.nz Last updated 17:37, July 10 2017
Delta and Infinity’s Yaldhurst subdivision dispute at mediation
By Chris Hutching – The Press
An eight-year dispute involving developers and a group of property owners in a stalled Christchurch subdivision has gone to mediation. Late last year Dunedin City Council agreed to authorise its Delta Utilities company to refinance a $13.4 million outstanding debt to go ahead and complete the Yaldhurst development along with Wanaka-based developer, Infinity. To allow the development to proceed, Christchurch City Council staff recently recommended the unusual step of “dedicating” the access road rather than “vest” it with the council. But a representative of the private property owners, Colin Stokes, told city councillors that his group’s rights to compensation for land for the road had not been addressed. […] The dispute has been aired in several High Court cases between the private landowners and the developers, which are continuing. Most people who originally signed up to buy properties at the subdivision have pulled out and meanwhile Christchurch’s residential property market has cooled significantly.
Read more

****

Related Posts and Comments:
15.6.17 Site Notice : post(s) removal [we heard from Steve Thompson’s solicitors]
4.3.17 Christchurch housing : ‘If you build the right thing, buyers will still come’
17.2.17 Gurglars visits the Delta/Noble JV subdivision at Yaldhurst
2.2.17 Hilary Calvert complaint to Auditor-General #DCHL
30.12.16 Hilary Calvert on Deloitte report for Aurora/Delta
12.12.16 Deloitte report released #Delta #Aurora
7.12.16 Audit and Review, Deloitte
26.9.16 Delta #EpicFail —Epic Fraud #14 : The Election and The End Game revisited
22.9.16 DCC : Delta deal 1 Aug 2016 Council meeting (non-public) #LGOIMA
9.9.16 Calvert on DCC, ‘We could have a much more democratic and transparent operation of council’
2.9.16 Delta Yaldhurst : Local Opinion + Update from Caveators via NBR
18.9.16 Delta #EpicFail —Epic Fraud #13 : Councillors! How low can you Zhao ?
26.8.16 Delta #EpicFail —EpicFraud #12 : The Buyer Confirmed
24.8.16 Delta peripheral #EpicFail : Stonewood Homes —Boult under investigation
8.8.16 Delta #EpicFail —Epic Fraud #11 : The Buyer
3.8.16 LGOIMA requests to DCC from Colin Stokes #Delta #Noble #Yaldhurst
1.8.16 Delta #EpicFail —The End Game according to CD
31.7.16 Delta #EpicFail —Epic Fraud #10 : The Beginning of the End : Grady Cameron and his Steam Shovel
29.7.16 Delta #EpicFail —Epic Fraud #9 : The Long & Winding Road…. Leads Back to Delta’s Door
21.7.16 Delta EpicFail #8 : Cr Calvert goes AWOL, 23 Questions for Mr McKenzie —Saddlebags !!
19.2.16 Delta: Update on Yaldhurst subdivision debt recovery
17.7.16 Delta #EpicFail —Epic Fraud #7 : The Long & Winding Back Road
15.7.16 Delta #EpicFail —Epic Fraud #6 : What do you mean, Property Law Act ?
12.7.16 Delta #EpicFail —Epic Fraud #5 – Delta and the ghostly hand of Tom Kain
8.7.16 Delta #EpicFail —Epic Fraud #4 : Tales from the Courtroom….
30.6.16 Delta #EpicFail —Epic Fraud #3 : Security Sharing and not Caring….. who’s got that Constricting Feeling ?
27.6.16 Delta #EpicFail —Epic Fraud #2 : WWTKD – What Would Tom Kain Do ?
5.6.16 Delta #EpicFail —Noble Subdivision —Epic Fraud
13.3.16 Delta #EpicFail —Noble Subdivision : [rephrased] Conflict of Interest
11.3.16 Delta peripheral #EpicFail : Stonewood Homes and ancient Delta history
6.3.16 Delta #EpicFail —Nobel Subdivision : A Neighbour responds
29.1.16 Delta #EpicFail —Yaldhurst Subdivision ● Some forensics
21.1.16 Delta #EpicFail —Yaldhurst Subdivision

█ For more, enter the terms *delta*, *aurora*, *grady*, *luggate*, *jacks point*, *dchl*, *auditor-general*, *noble*, *yaldhurst* or *epic fraud* in the search box at right.

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Posted by Elizabeth Kerr

This post is offered in the public interest.

“Fat” gawky Hotel and Apartment building : Questionable design even with 4 floors lopped off

What environmental considerations, Mr Page?

More than minor.

[Everyone will remember the learned Mr Page from the Betterways hotel and apartment building application for 41 Wharf St at the waterfront, not so long ago.]

Mr Bryce (independent planner): …a “key concern” for submitters…the building would block sun from reaching the Regent Theatre and surrounds from 3pm at winter solstice. “At this time of year, the proposal will effectively remove all remaining access to sunlight received over [the] southern end of the western side of the Octagon.” (ODT)

Mr Page (the developer’s ‘Brief’): The “potential shading effect” was acknowledged, but Mr Page was confident the hotel’s benefits “will far outweigh” those concerns. (ODT)

Mr Page, again : The hotel’s “tall, slender built form” minimised the impact on those living closest to the hotel project site… (ODT)

Good heavens.

Source: Application documents

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At Facebook:

### ODT Online Tue, 11 July 2017
Hotel developer still confident
By Chris Morris
Dunedin’s latest five-star hotel bid will “not be viable” if the developer is forced to reduce the building’s height, it has been claimed. But the man behind the project, Tekapo businessman Anthony Tosswill, remains confident the hearings panel set to decide the project’s fate can yet be swayed by the hotel’s benefits. The comments came from Phil Page, the lawyer acting for Mr Tosswill, days after the public release of an independent planner’s report running the ruler over the hotel proposal.
The report by Nigel Bryce concluded consent be declined unless Mr Tosswill agreed to a “substantial reduction” in the building’s height, by four storeys, to bring it down from 60m to 45.5m.
Read more

****

Resource Consent Application LUC 2017-48 and SUB 2017-26, 143 – 193 Moray Place, Dunedin (Proposed Hotel)

The hearing will be held on Mon 31 Jul, Tue 1 Aug, Wed 2 Aug, Thu 3 Aug and Fri 4 Aug 2017 in the Edinburgh Room, Municipal Chambers (off the Octagon). The hearing will commence at 9.30 am each day.

█ Consultant Planner’s Section 42a Report (PDF, 4.3 MB)

[excerpt]

SUMMARY OF RECOMMENDATION
[5] For the reasons set out in paragraphs 72 to 334 below, I consider that the Proposal in its current form, will not promote the sustainable management of natural and physical resources in accordance with Part 2 of the Resource Management Act 1991 (RMA or the Act).
[6] The Development promotes a contemporary design, which is considered acceptable within this setting and articulates sufficient design interest and modulation through the facades and its pinwheel like form expressed in the tower component of the building. The building’s design incorporates a base building or podium, which allows the structure to have an active street frontage to Moray Place and Filleul Street, which is considered a positive design response.
[7] The Development will be ‘juxtaposed’ against a backdrop of the heritage buildings located to the east of Moray Place, including the Town Hall and St Paul’s Cathedral when viewed from the west and St Paul’s Cathedral and the Municipal Chambers when viewed from the south (including from the Octagon).
[8] The building’s overall height is considered to generate an over-dominance on properties to the north and west of the Site, and will have more than minor adverse effects on the amenity values of residential properties to the west of the Site. This is largely due to the significant change in scale introduced by the Development and the lower scale built environment that currently exists to the west and north of the development site, comprising predominantly two to three storeys in height.
[9] The Development will adversely impact upon the townscape values of the TH02 Octagon townscape precinct under the Operative Dunedin City District Plan (Operative Plan), including loss of sunlight penetration into the Octagon during the Winter Solstice and will adversely impact upon the setting and pre-eminence of existing heritage buildings such as the St Paul’s Cathedral and the Municipal Chambers building when viewed from the Octagon.
[10] The Development is considered to result in more than minor visual amenity and shading effects on Kingsgate Hotel to the south of the Site. The Kingsgate Hotel will experience prolonged and more sustained loss of light over a wider part of the property and associated buildings over the critical morning period during the Equinox and Winter Solstice periods (or collectively over ¾ of the year). This conclusion has been reached having regard to the potential for the Site to be developed up to a maximum height of 11 metres with a building erected against all boundaries (the ‘controlled activity building outline’).
[11] For the scale of the building to be mitigated to an acceptable level, and to maintain and enhance the amenity values of the City Centre and wider environs, Council’s urban design consultant, Mr [Garth] Falconer recommends reducing the proposed building height by four levels to bring the total height down to nine storeys (Level 13, +157,500 (datum level) on Drawing Section AA). This reduction would provide for a maximum height of 45.6 metres from existing ground level, or a maximum height breach of 34.4 metres (including the lift shaft). This mitigation response would not remove any of the 210 visitor accommodation rooms (hotel rooms), and would maintain supporting facilities including licensed premises, retail, conference, meeting facilities and on-site amenities, parking, and servicing areas. I note, for completeness, that the Applicant is not currently proposing to reduce the height of the Development.
[12] In its current form, it is my recommendation that the proposal should be declined.

More about Garth Falconer, DCC’s consulting urban designer:
LinkedIn profile: https://nz.linkedin.com/in/garth-falconer-a0699bb3
Owner and Director, Reset Urban Design Ltd: http://reseturban.co.nz/

Take a glimpse of the ‘urban form’ at Takapuna, North Shore Auckland (his home turf), to know Mr Falconer is likely missing any handle on building height for a heritage city like Dunedin.

****

Agenda and all documents including Submissions at:

http://www.dunedin.govt.nz/council-online/notified-resource-consents/notified-applications-pending/luc-2017-48-and-sub-2017-26

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At Facebook [see comments]:

### ODT Online Sat, 8 Jul 2017
Reject hotel bid: planner
By Chris Morris
A planner has recommended rejecting Dunedin’s latest five-star hotel bid, unless the developer agrees to a “substantial reduction” in the building’s height. The recommendation to decline consent came in a report by independent consultant Nigel Bryce, made public yesterday, ahead of the public hearing beginning on July 31. In his report to the panel of independent commissioners, Mr Bryce said the hotel development would “visually dominate” its surroundings, including the town hall, St Paul’s Cathedral and the Municipal Chambers. It would be the tallest building in the central city and would cast a shadow over the Octagon, as well as the nearby Kingsgate Hotel, during winter. Together with other impacts, the development was considered to be “non-complying” under the city’s district plan rules. It would only be acceptable if the building was reduced by four storeys, lowering its overall height from 60m to 45.6m, which was still well above the existing 11m height limit for the site, his report said.
Read more

[initial coverage]
7.7.17 ODT: Decline hotel consent: report

### ODT Online Wed, 28 Jun 2017
Two from North Island on hotel hearings panel
By Chris Morris
The panel to decide the fate of Dunedin’s latest five-star hotel bid features one familiar face and two from the North Island. Tekapo businessman Anthony Tosswill’s bid to build a 17-storey hotel and apartment tower in Dunedin would be considered over five days, beginning on July 31, it was confirmed yesterday. […] The panel of three would be headed by chairman Andrew Noone, now an Otago regional councillor, acting in his role as an independent commissioner. […] Alongside him will be fellow independent commissioners Stephen Daysh, of Napier, and Gavin Lister, of Auckland.
Read more

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Related Posts and Comments:
● 14.5.17 RNZ reports July hearings for proposed hotel apartment building [comments by Mr Tosswill]
● 4.5.17 Submissions close 10 May : Proposed 17-storey, est. 62.5 metres-high Moray Place hotel/apartment building
● 7.4.17 Proposed hotel *height and design* —the very least of it #sellingoursouls
● 5.6.17 Application lodged for FIASCO Hotel by Tosswill #DunedinWrecks
● 18.12.16 DCC set to take away CBD car parks without Economic Impact research
● 15.10.16 Battle of the hotels : DCC meat in the sandwich (unedifying)
● 5.10.16 Dunedin bauble #votecatcher
● 4.10.16 The Demon Duck freak show of partial ‘Civic’ information! Before voting closes! #Dunedin
11.1.16 Un hôtel. Dunedin.
19.8.15 Hotels ? Business ? [DCC lost +++152 fleet vehicles] —Cull in charge of building chicken coops, why ?
1.4.14 HOTEL Town Hall… Another investment group, Daaave’s pals from the communist state?
25.3.14 Hotel We LIKE: Distinction Dunedin Hotel at former CPO

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Posted by Elizabeth Kerr

This post is offered in the public interest.

Source: Application documents

Aurora Energy struggles to proofread #FastTrackPoleProgramme

At Facebook:

The ‘free’ publication didn’t arrive in letter boxes at lower Pitt St, Dunedin – some householders receive official mail through post slots in their front doors. Don’t tell me the mail distributors for Aurora – god, like Allied Press – refuse to deliver to door slots off the street (in clear safe public view) due to [their] perceived Health and Safety risks…. greater than dangerous poles ? [Unlike NZ Post, DX Mail and other Couriers who provide efficient direct service.]

****

[Old stats, who would guess Aurora’s in such a financial and corporate mess?]

Aurora Energy is an electricity distribution company in Otago, New Zealand. Aurora Energy is owned by Dunedin City Holdings Limited on behalf on the Dunedin City Council. Aurora Energy is New Zealand’s sixth largest electricity distributor. Wikipedia

Formerly called: Dunedin Electricity Limited (1990-2003)
Industry: Energy
Predecessor: Waipori Falls Hydroelectric Company Ltd
Founded: June 26, 1990 in Dunedin, New Zealand
Headquarters: Dunedin, New Zealand
Key people:
– Grady Cameron (CEO)
– Stephen Thompson (Chairman) [previously, Ian Parton]
Revenue: $99.5 Million USD (2015)
Net income: $8.1 Million USD (2015)
Total assets: $413.9 Million USD
Total equity: $182.55 Million USD (2015)
Owner: Dunedin City Council
Parent organisation: Dunedin City Holdings Limited

Website: http://www.auroraenergy.co.nz/
Fast Track: http://www.auroraenergy.co.nz/about/major-projects/current-projects/fasttrack/

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Helterskelter Delta, solidly joined at Aurora’ hip, writes an open letter at page 3 of today’s ODT:

[click to enlarge]

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Posted by Elizabeth Kerr

This post is offered in the public interest.

How To See and Be Seen : 1. sit on the floor 2. do not lie #SDHB

At Facebook:

The Dunedin Hospital eye department’s throughput is commendable despite the lack of chairs and wait space provided by the fat cat, high fee-earning Team of Commissioners led by lawyer Kathy Grant….

As a user of the department’s services, there’s been no impediment to my eye treatment and monitoring at any time. I have never had to sit on the floor, nor would I even contemplate doing so —silly Sheep!

The staff were exactly right to complain to their union.

—

### ODT Online Wed, 5 Jul 2017
Elderly patients forced to sit on floor
By Eileen Goodwin
Older patients were forced to sit on the floor while waiting for an appointment in the crisis-hit eye department at Dunedin Hospital, prompting a complaint from staff to their union. Public Service Association organiser Julie Morton said the lack of adequate waiting space was a health and safety issue. “There are frequently not enough seats in the waiting room to accommodate those waiting, and they have to sit on the floor,” Mrs Morton wrote to the Southern District Health Board last month. Some of the patients who had to sit on the floor were older people.
Read more

****

D’oh, Ms Kathy Grant doesn’t believe in the value of Democracy in the Southern Region. Does the Southern community want the non-egalitarian, fryable Ms Grant to serve out her term to 2019.

### ODT Online Wed, 5 Jul 2017
Need for elected health board role downplayed
By Eileen Goodwin
The “truly unique” arrangements at Southern District Health Board will not adversely affect the Dunedin Hospital rebuild, commissioner Kathy Grant says. The Government is planning a hospital redevelopment potentially worth more than $1billion, and there are no elected representatives to influence the project because the board was sacked. Mrs Grant said the SDHB’s relationship with the Ministry of Health was no different than if an elected board was in place. “I’m not sure what additional dimension the existence of a traditional board would necessarily bring to that relationship.” […] The Otago Daily Times has been told by a contact, who would not be named, that the Cabinet would consider three options outlined [for the proposed new hospital] in an indicative business case, the most expensive of which costs more than $1 billion. After that decision, the rebuild governance group and the ministry would look at where to build and whether land needed to be acquired.
Read more

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Posted by Elizabeth Kerr

This post is offered in the public interest.

*Image: dailymail.co.uk – article: Why are my blinking eyes so sore and watery?

Aurora/Delta new directors

Dunedin City Council – Media Release
New directors appointed for Aurora and Delta boards

This item was published on 03 Jul 2017

Dunedin City Holdings Limited (DCHL) has appointed three new directors within its group as part of changes to the Aurora Energy and Delta Utility Services companies which take effect from today, Monday, 3 July. DCHL Board chair Graham Crombie says that Margaret Devlin and Brenden Hall have been appointed to the Aurora Board, while Steven Grave has been appointed to the Delta Board.

“There was strong interest in these vacancies, with a total of 80 applications received from throughout New Zealand and overseas. I’m delighted that we’ve been able to appoint three talented and experienced people to these roles.”

Mr Crombie says the board appointments have been made as a result of DCHL implementing one of the key recommendations from a Deloitte review of the companies’ network maintenance processes late last year. Deloitte recommended that Aurora and Delta should have different board members with no commonality of directors. As previously announced, current board members Steve Thompson and Dave Frow remain on the Aurora board only, with Mr Thompson as chair. Brian Wood and Trevor Kempton will remain on the Delta board only, with Mr Wood as transition chair. “The changes will see the companies fully separate with Aurora being the asset owning and management company, while Delta will revert to a contracting company. The skills required in each company from a governance perspective are different,” he says. “However, it is important that some continuity is maintained within the governance structures. The decision was therefore made early on to have two of the current directors move to each new board.” DCHL expects to make an appointment to fill the one remaining director vacancy on the Delta Board, within the coming weeks.

Director fees totalling $220,500 for Aurora and $204,000 for Delta, as recommended by an independent review by the Institute of Directors were approved by DCHL and endorsed by the Council. These fees compare to the current total fees for the combined companies of $258,250.

Contact DCHL Chair on 034774000 | Mobile: 0274363882
DCC Link

█ Media release – New directors appointed for Aurora and Delta boards
(PDF, 54.1 KB)

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The A/D directors forever joined at the hip think they can tough it out by collecting fees.

Both the non-retiring and the newbies appear grey around the gills, deadhead controlling and incapable of clean governance.

Larks, it appears Mr Crombie is staying on at DCHL. Not enough lawn mowing at Clyde to wobble his wattles.

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Posted by Elizabeth Kerr

This post is offered in the public interest.

LGNZ, don’t wish ‘his lordship’ on New Zealand #VoteRachelReese

[anonymous]

Local Government New Zealand chief executive Malcolm Alexander said there was no job description for the role of president. “It’s a governance role, chief representative and chief media spokesperson for the organisation.”

What has Mr Mayor achieved for South Dunedin following DCC’s mudtank/pump station fiasco – see 3 June 2015 FLOOD and his holus-bolus media pronouncements upon the Community of South Dunedin, their property assets and livelihoods. A brand new ratepayer-owned 2016 Hyundai Santa Fe was written off in a mysteriously “unreported” serious injury crash in the 2016/17 holiday period. His council is costing Dunedin ratepayers $20M+ pa to make the underutilised loss-making rugby stadium “work” (capital debt repayments and operational subsidies, see Intergenerational Debt). Continues major DCC spending spree on ‘nice to haves’ before addressing serious underspend on basic infrastructure (water and waste, roading). Without public explanation or consultation, presides over $100M being added to council group debt, as signaled in DCC’s LTP/Annual Plan 2017/18 projections. No prosecutions taken for the loss of 152+ DCC owned vehicles: Citifleet! Refuses to address council owned Aurora Energy’s programmed neglect of Otago’s power network, under the concerned regulatory eye of NZ Commerce Commission. Cr Vandervis was called a liar in public on three media-recorded occasions. Claims (media outburst) he is responsible for Jim O’Malley’s campaign to save the Dunedin Cadbury Factory. On it goes. —Meet bob the builder.

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Nelson Mayor Rachel Reese said in a letter to councils around the country she was nominated by Wellington Mayor Justin Lester and Matamata-Piako Mayor Jan Barnes.

### ODT Online Sat, 1 Jul 2017
Cull seeks LGNZ president role
By David Loughrey
Dunedin Mayor Dave Cull is in the running to become the next president of Local Government New Zealand (LGNZ). Mr Cull’s only competitor for the role is Nelson Mayor Rachel Reese. The news of his bid came in a letter to the Otago Regional Council in which he asked for support. A letter from Ms Reese also appears in the council’s agenda, laying out her ambitions for the role. ORC chairman Stephen Woodhead said this week  he expected the council would give its vote to Mr Cull. LGNZ represents the national interests of councils in New Zealand. The organisation provides its members with advocacy and policy services, business support, advice and training. An LGNZ spokesman said an election would be held at the LGNZ general meeting on July 25, after an annual conference in Auckland, where the two mayors could present their cases.
Read more

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Source: ORC Agenda 20 Jun 2017 [screenshots – click to enlarge]

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A pre-trial hearing for the defamation case brought by Cr Lee Vandervis against Mayor Dave Cull was held in June. This involved setting of indemnity costs (a not insignificant sum) before the case may proceed to a judge-alone trial. Not a jury trial.

What does this mean?
In a trial by judge-alone, the judge takes on the role of “fact-finder” (determining admissibility of evidence pre-trial). All the evidence is presented to the sitting judge and he or she is responsible for determining the facts and delivering the verdict. In a judge-alone trial the court is required to give reasons for its decision.

In a jury trial, the jury is the fact-finder – that is, the jury is responsible for determining the relevant facts of the case and applying the law to reach a verdict of guilty or not guilty. The jury may be discharged from giving a verdict if it cannot agree. The role of the judge is to oversee and control the conduct of the trial in a general way. A jury is not required to and does not give reasons for its verdict.

Indemnity costs, at the discretion of the Court, are a complete reimbursement of all legal costs incurred. In general civil proceedings, indemnity costs are reserved for cases where a party has acted frivolously or improperly in the conduct of the proceedings….a very high threshold only satisfied in truly exceptional cases. [Sometimes the contract between the litigating parties over which they are arguing, will itself provide for indemnity costs.]

In hushed local terms, the ‘costs’ has meant some unrest between backers and their ‘party’.

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Posted by Elizabeth Kerr

This post is offered in the public interest.

New Zealand violence #notproud

### ODT Online Thu, 29 Jun 2017
Editorial: Prevention and protection
OPINION For all our supposedly progressive actions and attitudes, modern New Zealand retains many of the hallmarks of a frontier society. This is perhaps most apparent when it comes to violence, which is prolific, despite decades of initiatives to combat this stain on our national character. Violence against (predominantly) women and children in the home is an everyday occurrence for far too many, random violence features far too frequently in male nights out. News headlines attest to the scale of the problem, significant police and legal resources are dedicated to its prevention and aftermath, and the repercussions for victims can be lifelong. Our macho mentality and heavy drinking culture contribute, as do inequity, injustice and alienation. Our easy-going Kiwi brand has an angry, aggressive, uncivilised underbelly. Desperation and despair make it hard to care about others. Violence becomes intergenerational and entrenched, a part of the nation’s psyche.
Read more

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Overseas, randomly….

Video: Shane and Maggie | Sara Lewkowicz 4 years ago
A preliminary cut of a piece I am working on about domestic violence in one home. View at https://vimeo.com/58257854

Video still –Sara Naomi Lewkowicz

Drawing by child who stayed in the Hubbard House shelter.

In 1976 Hubbard House opened its doors as the first shelter for victims and their children in Florida. In the past 34 years, Hubbard House has evolved into a nationally recognised full-service, certified domestic violence centre providing programmes and services to more than 5,000 women, children, and men annually in Duval and Baker counties. Hubbard House objectives are (1) safety for the victims and their children, (2) empowerment for victims, and (3) social change through education and advocacy. Hubbard House, Inc. does not discriminate on the basis of race, colour, religion, sex, national origin, age, citizenship, marital status, sexual orientation, status as a veteran, pregnancy, genetic information, disability or any other legally defined characteristic protected by law.
█ http://www.hubbardhouse.org

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Related Posts and Comments:
1.4.17 Ihaka Stokes case #Christchurch #NZ
28.3.17 New Zealand child abuse
20.12.15 NZ Police family violence campaign #WalkAway
3.11.15 Dunedin: University students into excess alcohol, party drugs, sexual abuse, vandalism #CRIME
19.7.14 God bless the ditch

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Posted by Elizabeth Kerr

This post is offered in the public interest.

Child’s drawing of Hubbard House.

Dunedin’s winter power bills —ODT calls for comment at Facebook

Read the many public comments received at the ODT Facebook page.
Are the higher bills because of the crisp weather ? Low levels of the hydro lakes ?
Or something more ‘sinister’ ?

What is the industry regulator, the Commerce Commission, saying.

Personal Aside:
I don’t heat my apartment – chosen because it’s constructed in brick, elevated, insulated, sunny and warm. Before you ask, I pay high market rent to live centrally. I’m a registered low user of power, receive 20% earlybird discounts, and enjoy guaranteed fixed rates on power charges for 12 months by agreement with my electricity supplier. Typically, my power use is constant across the seasons and the years (long-term renter at this address, 2003 to present). I can keep my power use low only because I have good health, lots of warm clothing and furnishings, and I stay active. I’m expecting huge price increases as Dunedin City Council owned Aurora Energy’s programmed neglect of the Otago power network really kicks in.

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Posted by Elizabeth Kerr

This post is offered in the public interest.

Emirates Team New Zealand must WIN #AmericasCup2017

[via catsailingnews.com – click to enlarge]

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The Kiwi juggernaut rolls on while @oracleteamusa have their backs against the wall. Results and more: https://t.co/bovNMbHyBf #AmericasCup pic.twitter.com/9DfsbVbABB

— America's Cup (@americascup) June 25, 2017

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At Facebook:

35th America’s Cup match
Race 7: Emirates Team New Zealand beat Oracle Team USA by 12 secs
Race 8: Emirates Team New Zealand beat Oracle Team USA
Team New Zealand lead the first-to-seven series 6-1

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At Twitter:

.@JSpithill and @peteburling find themselves in very different positions following today's racing. #AmericasCup #ThereIsNoSecond pic.twitter.com/YoKstgObj1

— America's Cup (@americascup) June 25, 2017

.@EmiratesTeamNZ take it home in Race 8, bringing us to match point in the America's Cup Match presented by Louis Vuitton. #AmericasCup pic.twitter.com/WSj1sX9jYM

— America's Cup (@americascup) June 25, 2017

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Posted by Elizabeth Kerr

This post is offered inthe public interest.

*Image: 24/06/2017 – Bermuda (BDA) – 35th America’s Cup 2017 – 35th America’s Cup Match Presented by Louis Vuitton – © ACEA 2017 / Photo Sander van der Borch

Dunedin Midwinter Carnival 2017

### ODT Online Sat, 24 Jun 2017
Nocturnal creatures shine at carnival
By Vaughan Elder
The wild things came out to play in the Octagon tonight as luminous nocturnal creatures invaded for the Dunedin Midwinter Carnival. Thousands of people packed the Octagon and Stuart St for the annual event, which this year had the theme of Nocturnal Nature.
Read more

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█ Photos via Dunedin News at Facebook [closed group]

█ Video via Dunedin News at Facebook

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Meanwhile the true fauna of Bath Street looks on….

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Post and images by Elizabeth Kerr

This post is offered in the public interest.

Recycle your Soft Plastic bags #Dunedin

[stuff.co.nz]

“The objective is for 70% of New Zealanders to have access to a drop-off facility for soft plastics within 20km of their home.” –Scott Simpson

### ODT Online Fri, 23 Jun 2017
Recycling for plastic packaging arrives
By John Lewis
All those plastic bags floating around after shopping expeditions can now be recycled under a joint initiative between the retail sector, the packaging industry and the Government. The Love New Zealand Soft Plastics Recycling programme was launched in Dunedin yesterday, and will enable soft plastics and soft packaging such as shopping bags, bread bags, frozen food bags and food wrap to be recycled at the 14 New World, Countdown, FreshChoice, Pak’n Save and The Warehouse stores in Dunedin and Mosgiel. Associate Environment Minister Scott Simpson said the programme was already running in Auckland, Hamilton, Wellington and Canterbury. […] The $700,000 contribution from the Government’s waste minimisation fund was being matched by contributions from retailers and some suppliers, bringing the total project funding  to more than $1.6million. […] Cargill Enterprises would collect the recycled plastics from the shops. 
Read more

Last year I convivially swapped emails with the manager of Centre City New World enquiring about how soon the store would adopt the national soft plastics recycling programme. He kindly immediately contacted FoodStuffs to find out ….well the day has come! Happy customer!

Try this simple test to help identify recyclable plastic material…
“The test is if you can pull it and stays stringy in consistency, it’s fine. But if you can tear it cleanly it is not recyclable.” Stuff

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Soft Plastics Recycling 
The Love NZ Soft Plastics Programme is about informing New Zealanders about how to keep plastic bags and packaging out of landfill. Collect all the soft plastics which you use at home, make sure the bags are empty and dry and drop them into the Love NZ Soft Plastics Recycling bins at participating stores.

The project is supported by major brands including Asaleo Care, Ceres Organics, Coca Cola Amatil, Cottonsoft, Fonterra, Frucor, George Weston Foods, Goodman Fielder, Griffins, Hubbards, Kathmandu, Kelloggs, Kimberly-Clark, Lululemon, Mars, Mother Earth, Mondelez (Cadbury), Nestle, New Zealand Post, Pams, Pure Delish, Simplot (Birds Eye), Spicers, SunRice and Wrigleys; Amcor Flexibles, Astron, Coveris, Snell Packaging & Safety with many others committed to joining the programme. Soft plastic bags are not currently collected for recycling by councils because they can contaminate the recycling process. New Zealanders use over 1.6 billion plastic bags in the home every year. The project takes all soft plastic bags including bread bags, frozen food bags, toilet paper packaging, confectionery and biscuit wrap, chip bags, pasta and rice bags, courier envelopes, shopping bags, sanitary hygiene packaging – basically anything made of plastic which can be scrunched into a ball. Customers can bring their used soft plastics back to store and put them in the recycling bin.

█ Website: http://www.recycling.kiwi.nz/soft-plastics

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Posted by Elizabeth Kerr

This post is offered in the public interest.

#freedomcamping not enforced at Warrington, summer 2016/17

ODT 21.6.17 (page 12)

Reply to letter to editor (snippet):

█ For more, enter the terms *warrington* and *freedom camping* in the search box at right.

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Posted by Elizabeth Kerr

This post is offered in the public interest.