Category Archives: Geography

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

Posted by Elizabeth Kerr

This post is offered in the public interest.

1 Comment

Filed under Architecture, Business, Construction, Design, Economics, Finance, Geography, Media, Name, New Zealand, Politics, Project management, Property, Public interest, Urban design

Southern Police : Nothing changed since Tom Lewis wrote Coverups & Copouts

Remember when Police bought up all the copies they could, and ‘disappeared’ public library lending copies….

Nothing has changed. No-one is policing the Police.
This is the New old news….

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C L O S E ● T O ● H O M E

A 25-year-old woman says she filmed a police officer minutes before he attacked her.

### ODT Online Wed, 19 Jul 2017
Police assault allegation
By Rob Kidd
Police are investigating allegations an experienced Otago police officer subjected a woman to a vicious attack while he was off-duty. The 25-year-old complainant said she was at a fancy-dress birthday party on Saturday night when the alleged assault took place. She said the man, who was wearing a wig at the time, smashed her face into the bonnet of a car before dragging her down a driveway on her front. The pair had never previously met, she said. “He just lost it.” The Otago Daily Times has chosen not to identify the officer involved, the woman or the town where the alleged incident took place. A police spokesman said police were aware of a complaint about an off-duty officer early on Sunday. Police would not confirm whether the man remained at work.
Read more

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Speaking of cover-ups….

After reading the Otago Daily Times (page 3) yesterday, it was interesting to google the name *Kallam Croudis* —there’s a name for Conflicts of Interest, past and present.

NZ Police should sack Croudis. What a corrupting and observable liability—

Det Snr Sgt Kallum Croudis has been criticised over his handling of a case which resulted in a woman’s confession being thrown out by the court.

### ODT Online Mon, 17 Jul 2017
Judge critical of senior officer
By Rob Kidd
A senior Dunedin police officer has been slammed by the court over his involvement in a case in which he had a conflict of interest. Detective Senior Sergeant Kallum Croudis spoke to a suspect at least three times without being part of the investigation team. Judge Michael Crosbie also criticised the officer’s record-keeping and his “casual approach”, which resulted in police obtaining an unlawful confession from the woman regarding the death of a Dunedin man. In his judgement ruling the confession inadmissible [Judge Crosbie] noted Det Snr Sgt Croudis was a friend of the dead man’s father. Southern district commander Superintendent Paul Basham said the comments of the court would be taken very seriously and “the issues raised in the judgement are of concern”. A spokeswoman later confirmed police would not pursue the prosecution against the woman. […] At the May hearing, [Croudis] said he spoke to the female defendant at least three more times before she had a “voluntary” interview at the station.
Read more

Back when, the same, the same….
ONE BAD COP AMONGST MANY

### Stuff.co.nz 01:43, Jan 31 2009
Judge lambasts top cops in damning report
via Sunday Star-Times
The actions of some of the country’s highest-ranking police have been criticised in a damning Independent Police Conduct Authority report due out later today. The report – released after a two-year investigation – makes adverse comments about 10 Dunedin police, including four inspectors, a detective senior sergeant and two detective sergeants. Justice Lowell Goddard is understood to criticise police for their involvement in private investigations of ACC clients – and for how they handled their subsequent inquiries into complaints. The inquiry was launched after conflict of interest allegations that Peter Gibbons – a former Dunedin CIB head who became a private investigator working for ACC’s fraud unit – used his police constable son-in-law to improperly obtain search warrants and seize property from ACC clients. The clients alleged that when they complained, senior police – including three of Gibbons’ former CIB colleagues – failed to act. […] Gibbons, who was a detective senior sergeant in the CIB in the 1990s, supervised three of the police criticised in the Goddard report Detective Senior Sergeant Kallum Croudis, Detective Sergeant Malcolm Inglis and Detective Sergeant Brett Roberts. A previous internal police inquiry showed Croudis assigned Henderson ACC-related cases knowing about his conflict of interest as Gibbons’ son-in-law. Inglis and Roberts conducted the initial inquiries into Van Essen’s complaints. Croudis, Inglis and Roberts have been involved in both the original inquiry and reinvestigation of the David Bain mass murder case. Croudis arrested Bain in 1995.
Read more

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Peanut-brain danger man Jeremy Buis of Dunedin Police….

Stuff.co.nz Last updated 22:36, July 17 2017
Police officer convicted for harassing Dunedin businessman for years
By Jack Fletcher
Dunedin policeman Jeremy Buis was responsible for the more than two-year campaign of harassment of local businessman Daniel Pryde. Jeremy Fraser Buis, 39, was convicted on a raft of charges relating to the harassment of Daniel Pryde after a June 2012 parking dispute escalated. Suppression of his occupation was lifted in the High Court at Dunedin on Monday. [17 July 2017] …. In April, Buis was found guilty of criminal harassment, threatening to do grievous bodily harm and intentional damage. He was sentenced to 200 hours of community work and order to pay emotional harm reparation of $15,000. Buis’ name suppression was lifted on April 21, but his occupation remained suppressed until Monday.
Read more

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Southern Police have a dreadful history including participation in the crimes and events described in Coverups & Copouts, for which no prosecutions have issued. Few street-wise people in Dunedin trust the thin blue line to do their job. Is it any wonder Buis, Croudis and their ilk exist, and what of the off-duty police thug who attacked the 25-year-old female complainant on the weekend?

For these men, Louise Nicholas doesn’t exist.

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### ODT Online Wed, 19 July 2017
Integrity of police threatened
OPINION New Zealanders need to have faith in the police force, a belief that when bad things happen to them, someone will be on their side, helping to right a wrong. That faith has been sorely tested in past years when police officers themselves have decided they are above the law. At the extreme end of the spectrum, in the United States, there has been ongoing debate about the role of the police in the shootings of young black men, in particular. Now, a white Australian woman has been shot in a Minnesota alley after calling the police about a possible assault in the alley behind her home. Most New Zealanders will surmise those sorts of incidents will never happen in this country. But the line between upholding the law by men and women in uniform and them taking the law into their own hands is becoming increasingly blurred. This week, the Otago Daily Times has reported on two incidents which have shaken public confidence in the police to the core.
Read more

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[previously]

Comment by Elizabeth
2017/03/31 at 2:24 am

Calls for a Royal Commission of inquiry into historic child abuse have been rife these last weeks, inflaming social media and mainstream media (MSM) around New Zealand.

Bless their hearts, Lauda Finem, based offshore, banged out a post at their website yesterday that easily sums up the New Zealand ‘scene’. This is a must read.

LF’s introductory comments are provided here, with excerpts of relevance to Dunedin.

[begins]

March 30, 2017 1:14 am • Lauda Finem
Why Bill English & Nasty Nats find Child Abuse Royal Commissions Terrifying
For the past month or so Kiwi newspapers and other media outlets have been slowly publishing stories relating to the growing chorus of voices calling for a Royal Commission into historic child abuse.
The latest trigger seems to have been an open letter calling for the same, although, in our view, a very narrow, much less desirable version of the ‘Royal Commission Into The Institutional Responses to Historic Child Sexual Abuse’ that our Australian PM Julia Gillard was forced to initiate in 2013; which is only now beginning to release various stats and reports on some of the findings and the evidence that has been heard.
Bill English, the halfwit that National decided to replace John Key with, has of course avoided mentioning the apparent success of the Australian commission, noting only that it might come in handy for New Zealand’s state sector when it comes to lessons that might be learned.

[photo caption] Just how much sway has Police Commissioner Mike Bush had on a government that is clearly terrified of any inquiry

English is in fact completely out of touch with reality in almost everything he has said publicly on the subject; going so far as to claim that there is nothing to be gained or learned by New Zealand establishing a similar inquiry.
This is despite the success of the Australian model and the fact that both Ireland and the UK have also conducted national inquiries.
Not only is the National party Government determined NOT to hold such an inquiry, they are also, seemingly, equally determined not to even entertain the notion that the victims of historic child abuse, sexual, physical and emotional deserve an unreserved apology from the crown. They also deserve to see, where at all possible, their abusers convicted and serving prison sentences.
This fact alone should have every right thinking New Zealander appalled. More especially given the likely scale of the criminal offending, if the Australian Royal Commissions findings are anything to go by; there being absolutely no reason to believe that New Zealand’s statistics would be any different to those of Australia.
In fact, if one is to take the figures recently released by the Australian Commission, and then compare them with the suggested 1100 children that the Kiwis say have been sexually abused whilst in care historically, clearly, New Zealand has had a far more significant problem than Australia per capita.
In fact, New Zealand’s problem does not seem to have abated, the country is still in the grip of almost daily reports of contemporary offending; the only conclusion being that the problem is not only systemic but there may be continuing cultural or institutional causes for its existence.

Read more at http://www.laudafinem.org/2017/03/30/why-bill-english-nasty-nats-find-child-abuse-royal-commissions-terrifying/

● To view the open letter and petition go to http://www.neveragain.co.nz/

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[excerpts – Lauda Finem]

The first thing that has to be said is that those who have only just arrived at this cause are only calling for an inquiry into children in State care. This is significantly less than the Australian model which has left absolutely no rock un-turned in its pursuit of perpetrators, cover-ups and the truth.

The beauty of the Australian model is that it has captured everything, the words “Institutional Response” powerful in who it captured. Cardinals, Bishops, Priests, Religious orders, schools, Teachers; state and private, police, social workers, the scope has been enormous….and rewarding, if the sheer volume of the Commissions results are anything to go by.

There is some anecdotal evidence that the New Zealand police have in fact been one of the primary reasons for the National Party Government, to date, being loathed to even consider a Royal Commission. First and foremost the absence of the religious organisations stands out like balls on a short haired dog. Second, the absence of the New Zealand police.

Does Bill English seriously believe that New Zealand Govt agencies, including the country’s systemically corrupt police force will learn anything from the published results of the Australian Royal Commission? Does any New Zealand politician seriously believe that for one minute? If they do then they should be pointed in the direction of a clinical psychologist for evaluation and treatment.

For both the New Zealand police and the country’s government it’s always been about harm minimisation, not for the unfortunate victims you understand, but rather for themselves.
Until recently, Police Association president for life, Greg O’Connor, was living breathing evidence that the New Zealand police force had gained absolutely nothing from either of the two Australian State crackdowns on police corruption. In fact, many of the gang rapes committed by New Zealand police remained concealed for years after both of those inquiries, some that we are aware of, indeed probably many more, remaining outside the public’s knowledge, the Police Commissioner and Prime Ministers dirty little secret.

Just how many of these men and woman suffered serious abuse at the hands of paedophiles and psychopaths working for New Zealand Govt agencies, including its police force?

In short, Bill English knows that once the scale of historic sexual physical and emotional harm to Kiwi children is known to the public the government will no longer be in control of the inquiry. Growing public anger will inevitably ensure that any Royal Commission gets what it needs, whether initially proposed and sanctioned or not, to aid in the job of ascertaining the enormous scale of the problem in New Zealand.

Evidence of these police and Government cover-ups is to be found here on Lauda Finem, it’s also to be found in a variety other places, libraries and online.
The work of Kiwi investigative journo Ian Wishart, in particular a special investigation Wishart conducted over a two year period, culminating in his 2007 accusations of New Zealand Police involvement in organised child sexual exploitation rings in both Christchurch and Dunedin. Accusations that were never properly investigated by police or the IPCA for quite obvious reasons.
Police behaviour that was at the time of the offending known to John Jamieson, then Christchurch District Commander and subsequently, as Commissioner of police (1984 – 1994), a man who the Catholic Church, following Jamieson’s brief and unremarkable political career, hired with the obvious intention of insuring that all accusations of historic child sexual abuse were mustered smoothly out the back door, much to the Arch Bishop’s benefit.

Prior to joining the Catholic Church John Jamieson, as Commissioner of Police, himself assisted in concealing, from the media and the public, allegations of rape, violence and corruption against serving police officers, one of whom escaped to South Africa with the aid of at least nine other serving Gisborne police officers.
In short, Bill English, without a shadow of a doubt, is fully cognisant of the scale of the historic problem in New Zealand, in particular the police involvement. He also likely knows that the scale of Historic child abuse in New Zealand is far greater than what has historically occurred in Australia, if only on a per capita basis.

New Zealand police have in the past used all sorts of skulduggery in efforts to thwart official inquiries into their unlawful practices and conduct, including sexual and physical abuses.

[photo caption] Two dirty cops: ex New Zealand police commissioners John Jamieson (L) and Howard Broad (R) Jamieson was certainly, without a shred of doubt, a master of the dark art of police corruption and cover-up

Lauda Finem have in the past written extensively on the existence of these practices and a secret police network, comprising ex police, some turned corrupt private investigators and others turned corrupt politicians, from local bodies right up to New Zealand’s Parliament.

See: New Zealand Police, ODESSA and just how they look after their own

See: New Zealand’s most powerful political force is?

We would also recommend that readers check out Ian Wishart’s article “To Serve and Protect”, also published in 2007, it’s an eye opener and gives readers some idea of what could be investigated had the New Zealand Government followed an identical path to that of the Australian Royal Commission into Institutional Responses to Child Sexual Abuse.

See: Ex police commissioner Howard Broad to head CYF inquiry

Like ex Commissioner Jamieson, Police Commissioner Howard Broad was implicated by Wishart in sordid events which had been exposed by ex Christchurch cop turned whistle-blower and author Tom Lewis.

[ends]

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Quick references:

August 14, 2007
Ian Wishart: To Serve & Protect: June 07
http://www.investigatemagazine.co.nz/Investigate/13956/to-serve-protect-june-07/

Tom Lewis: Coverups & Copouts (Hodder Moa Beckett, 20 March 1998)
The book written by ex senior police officer Tom Lewis traverses the seedy side of Dunedin during the eighties, including the infamous ‘Dunedin Sex Ring’ case.

[promo]
“There have been police enquiries in New Zealand and there has even been the odd exposé but there has never been a book like Tom Lewis’ COVERUPS AND COPOUTS. His story will shock the average New Zealander and shake the New Zealand police to the very core. Not only does the former detective sergeant describe in methodical detail some of the worst coverups in NZ police history, but he punctuates his story in the most compelling fashion. Tom Lewis actually dares to name names. From commissioners to constables, the truncheon isn’t spared. This book will not have won Tom Lewis any friends in the New Zealand Police, but it will finally lay bare to New Zealanders what most had never thought possible of our Police:
* Christopher John Lewis – the truth behind the royal assassination attempt
* Ron Jorgensen – alive and well – and living in Australia
* Dunedin sex ring – why the police copped out
and much more.”

More on police officer Tom Lewis and the Dunedin Sex Ring:
http://www.presscouncil.org.nz/display_ruling.php?case_number=2015
Case Number: 2015 Tom and Teresa Lewis Against Otago Daily Times | Press Council Meeting December 2007

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Posts by the New Zealand Police Conduct Association (NZPCA):

July 27, 2014
INVESTIGATEMAGAZINE.TV publish allegations
http://nzpca.co.nz/investigatemagazine-tv-publish-allegations/

July 27, 2014
Tom Lewis
https://nzpca.co.nz/tom-lewis/

July 27, 2014
“Cover ups and Cop outs” the book
https://nzpca.co.nz/cover-ups-and-cop-outs-the-book/

August 1, 2014
Police respond to allegations and possible publication
https://nzpca.co.nz/police-respond-to-allegations-and-possible-publication/

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Other references:

http://www.kiwiblog.co.nz/2007/04/the_bazley_report.html

http://www.kiwiblog.co.nz/2007/05/pca_refuses_to_investigate_dunedin_police_claims.html

[ends]

Posted by Elizabeth Kerr

This post is offered in the public interest.

*Image: deviantart.net – Behind my eyelids are islands of violence by feebeelu

6 Comments

Filed under Business, Central Otago, Corruption, Democracy, Dunedin, Education, Events, Finance, Geography, Media, Name, New Zealand, Ombudsman, People, Perversion, Police, Politics, Public interest, Queenstown Lakes, Travesty

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.

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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]

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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.

Posted by Elizabeth Kerr

This post is offered in the public interest.

16 Comments

Filed under Business, Construction, Corruption, DCC, DCHL, Delta, Democracy, Design, Dunedin, Economics, Education, Finance, Geography, Housing, Infrastructure, Media, Name, New Zealand, OAG, People, Politics, Project management, Property, Public interest, Resource management, Site, Stadiums, Town planning, Transportation, Travesty, What stadium

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

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

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### 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

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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.

Posted by Elizabeth Kerr

This post is offered in the public interest.

4 Comments

Filed under Business, Central Otago, Construction, DCC, DCHL, Delta, Democracy, Dunedin, Economics, Education, Finance, Geography, Housing, Infrastructure, Media, Name, New Zealand, OAG, Ombudsman, People, Perversion, Pet projects, Politics, Project management, Property, Public interest, Queenstown Lakes, Resource management, SFO, Town planning, Travesty, Urban design, What stadium

“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

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.
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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.

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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

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

Posted by Elizabeth Kerr

This post is offered in the public interest.

Source: Application documents

6 Comments

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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.]

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[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]

Posted by Elizabeth Kerr

This post is offered in the public interest.

22 Comments

Filed under Aurora Energy, Business, Central Otago, Commerce Commission, DCC, DCHL, DCTL, Delta, Democracy, Dunedin, Economics, Education, Electricity, Finance, Geography, Health & Safety, Infrastructure, Name, New Zealand, OAG, Ombudsman, People, Politics, Project management, Public interest, Queenstown Lakes, Resource management, SFO, Technology, Travesty, What stadium

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)

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.

Posted by Elizabeth Kerr

This post is offered in the public interest.

3 Comments

Filed under Aurora Energy, Business, Commerce Commission, DCC, DCHL, Delta, Dunedin, Economics, Education, Electricity, Finance, Geography, Health & Safety, Hot air, Infrastructure, LTP/AP, Name, New Zealand, OAG, Ombudsman, People, Politics, Project management, Public interest, Queenstown Lakes, Technology, Tourism, Town planning, Travesty, Urban design, What stadium