LEAVE the Statue Alone —gormless university can piss off

At Facebook:

FFS pull your head in, lady.

This is a public statue properly positioned in a public space (Queens Gardens).

—NOT a trifle to be STOLEN by ivy-league wankers to decorate their private vajayjay !!

There is Nothing wrong with city brothels fronting public spaces.
Or, city brothels fronting public works of sculpture.
What is more Human, Egalitarian and LEGAL than that.

At a public forum this week the Dunedin City Council was asked for its support to move the statue of Dr Donald Stuart from its place in Queens Gardens to an undecided location near the University of Otago clocktower. Dr Stuart was the minister of Knox Church for 33 years and led the congregation until he died in 1894. (ODT)

Related Post and Comments:
30.8.15 La Maison House of Pleasure, Queens Gardens —then and today
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Posted by Elizabeth Kerr

This post is offered in the public interest.

DCC contractor Black Power president Albert Epere and his crew all in jail

News came from ‘associates’ last week that all members of Mauri Kohatu Incorporated – contracted by Dunedin City Council to maintain some city greenspaces – were now in jail, including Black Power president Albert Epere.

FAIL.

The mayor and his council acolytes had previously put themselves on the record saying “the council supported social contracting”. Meaning Dunedin ratepayers were paying the gang members to continue their usual nefarious lifestyles.

Epere made at least four court appearances during the contract(s) period.

We note there has been no public statement from the city council since the jailings.

FAIL.

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

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Posted by Elizabeth Kerr

This post is offered in the public interest.

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]

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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.

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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]  

****

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.

 

RNZ Morning Report : Guyon Espiner sticks claws in Cat Cull & Curfews

*Guffaw – [got calls about this one] someone fell in a hole….

On Morning Report this morning delighted listeners heard Guyon Espiner savage and purrfectly upstage ‘Cull The President’ on the serious issue of Cat Curfews. Haahaaa!

Big Ups for Guyon !!

### radionz.co.nz Wed, 26 Jul 2017
From Morning Report, 8:39 am today
Councils want to control your cat
Dunedin’s Mayor Dave Cull says the measures like microchipping, de-sexing, and registering cats would reduce the risk to wildlife.
Audio | Download: Ogg MP3 (6’24”)

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Similar poses

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Supplementary Question.
Directed to our Mayor of Climate Change : Do cats come down in the rain, too.

Related Post:
25.7.17 To borrow from Stevie Smith : ‘the truth is I think he was already stuck’

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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
20.9.15 Corruption serious threat to New Zealand #CAANZ
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.

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

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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.

“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

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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

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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/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.

#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.

Vogel Street parking on a quiet Sunday afternoon #petroltheft

A colleague and I decided to go to the ‘street’ kitchen on Sunday afternoon. We parked in front of the back doors to Sammy’s. At the kitchen we ordered tea and coffee and talked for a couple of hours. In that time someone unseen by us siphoned off about half of what remained in the petrol tank of my companion’s specially modified vehicle. Whoever did the job didn’t put the fuel flap down carefully before exit.

Naturally, some dusting to do…. was it an opportunistic one-off, or ?

We shall see. A few weird things going on lately. The driver and owner of the vehicle has only had it for about 6 days; they’re monitoring fuel consumption as well as other things in their daily life quite carefully just now.

Then too, there’s someone acting weirdly about town, who has an expired licence (not talking driver’s licence). Check this out at the Justice website. They coffee at Marbecks (Wall Street mall) despite protestations they do not.

Just putting it out there.

Small world.

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Posted by Elizabeth Kerr

This post is offered in the public interest.

RNZ Morning Report: Damning indictment of Aurora Energy #Listen

Aurora Energy has not maintained the lines utility because for years the company passed over lines profits in the form of dividends to DCC and subvention payments to cover Stadium debt servicing. Central Otago power users faced silly-huge increases in their lines charges. Otago power users, generally, having already paid for upgrades and renewals through their lines charges, have regrettably lost their safe and secure supply of electricity, and must now pay twice. The people responsible for this critical state of affairs need to explain and face the consequences.

How does this stack up for the Commerce Commission, the industry regulator ?

### rnz.co.nz Mon 12 Jun 2017
Morning Report with Guyon Espiner and Susie Ferguson
8:47 AM Many electric lines companies have outdated equipment -ComCom Link
A report by the Commerce Commission says many electric lines companies have outdated equipment that should have been replaced years ago. Our reporter Eric Frykberg has been looking into it.
Audio | Download: Ogg MP3 (3′29″)

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Commerce Commission New Zealand
Media Release 9 June 2017

The Commerce Commission has published one-page summaries of key performance measures for each of New Zealand’s 29 electricity lines companies.
The summaries are designed to promote a better understanding of each lines company’s performance by providing high-level statistics such as profitability, capital and operating expenditure, asset condition, revenue and network reliability.
Commissioner Dr Stephen Gale said that the Commission has pulled together the data to make it easily accessible for industry, Government agencies and consumers, and to enable comparison across lines companies. The statistics are sourced from more detailed public disclosures.
“Electricity companies reach every New Zealand household and business so over time we want to make it easier for consumers to understand how their own lines company is performing year-on-year. The information in the summaries is still quite technical in nature, but we expect this kind of exposure will in itself help improve lines companies’ overall performance,” Dr Gale said.
“The summaries are a high-level snapshot of the lines companies and are not intended to represent a thoroughly detailed picture of performance. However, they suggest some differences between the performances of different lines companies, such as the health of assets including poles, lines and substation equipment. In cases of apparent poor performance, we will follow up with the companies to better understand their circumstances. We will also undertake further analysis in the future.”
The performance summaries are available on the Commission’s website.

****

Performance summaries for electricity distributors
Under Part 4 of the Commerce Act these 29 electricity distributors are required to publicly disclose information to help people better understand how the sector is performing.

Click areas on the [interactive map at the ComCom website] to download the distributors’ 2016 performance summaries.

[screenshot only]

The performance summaries provide high level statistics on each lines companies’ performance, including measures such as profitability, capital and operating expenditure, asset condition, line charge revenue and network reliability.

See more details in the documents below.
← Back to Performance analysis and data for distributors

Documents
● Explanatory notes for electricity distributors’ performance summaries – May 2017
(PDF, 464 KB) Published on 31 May 2017

● Total electricity distribution 2016 – June 2017
(PDF, 488 KB) Published on 06 June 2017

● Performance summaries for electricity distributors – May 2017
(MS Excel Spreadsheet, 2.1 MB) Published on 31 May 2017

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[screenshot, details]

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Aurora Energy 2016 One Page summary

█ View Online: http://www.comcom.govt.nz/assets/Downloads/Aurora-Energy-2016-one-page-summary.pdf

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█ For more, enter the terms *aurora*, delta*, *poles*, *healey* or *dchl* in the search box at right.

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.

Draft bylaw and ADVERSE EFFECTS of freedom camping at Dunedin parks and reserves will be Consulted

FREEDOM CAMPING IS YOUR COUNCIL DELIBERATELY SETTING ITSELF UP TO COMPETE WITH COMMERCIAL CAMPSITE PROVIDERS

WHAT BENEFITS – THERE ARE NONE

We take it Mr Mayor does not live next door to a freedom camping site and does not lease out the council owned Santa Fe on his driveway to roofless young strangers with bad toilet and littering habits passing through the peninsula area.

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Dunedin City Council – Media Release
Community’s views to be sought on freedom camping

This item was published on 09 Jun 2017

The Dunedin City Council will seek the community’s views on issues related to freedom camping, says Mayor of Dunedin Dave Cull. Council discussion on a report to its 30 May 2017 meeting which recommended public consultation to amend the current Camping Control Bylaw, was delayed pending information from a national freedom camping forum and new guidelines on self-contained vehicles. The proposed bylaw amendments were to allow for further sites to be considered for vehicles that are not self-contained. Mr Cull says that given the wide range of views expressed both formally and informally by the community and Community Board members in relation to the report, and on wider issues related to freedom camping over the last season, it was appropriate to revisit the DCC’s approach.

“Freedom camping is an extremely complex issue which draws impassioned comments from both sides of the debate. It is therefore appropriate to take this opportunity to formally engage with the public on the wider issues around freedom camping; looking at all the pros and cons, costs and benefits.”

A staff report would be presented to the 27 June Council meeting recommending a special consultative process on whether the current bylaw should be amended to restrict freedom camping to certified self-contained vehicles only, or whether it should continue to make provisions for vehicles not certified as self-contained and look at adding a range of further sites where these vehicles could be accommodated.

Mr Cull says the DCC’s current Camping Control Bylaw adopted in 2015 is a very good bylaw.

“At a national level it is regarded as a best practice bylaw by the National Responsible Camping Forum. However, overcrowding has been a major issue at the two unrestricted sites at Warrington and Ocean View, resulting in widespread concern in the community. We therefore need to understand from the community whether, firstly, they think the city should continue to make provisions for non self-contained freedom campers at all, and, if so, at what other sites around the city could these types of freedom campers be accommodated to ease the pressure at Warrington and Ocean View.”

Subject to Council approval on 27 June, staff would complete the public consultation, including hearings if required, and then report back to Council prior to the start of the 2017/18 camping season with a recommendation for further consideration. The current Bylaw will remain in force until that process is completed.

Contact DCC on 03 477 4000. DCC Link

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### ODT Online Sat, 10 Jun 2017
Petition against freedom camping proposal
By David Loughrey
Residents living beside Rotary Park in Dunedin are the latest up in arms over a council proposal to provide three new freedom camping sites. The residents say the park could be “taken away from the locals”, and become the realm of freedom campers instead of local children. They have also raised concerns about noise from campers parking close to their homes, and potential damage to reservoirs, a pumping station, and telecommunications equipment at the park. In response to opposition to proposed camps at Rotary Park, Puddle Alley, near Invermay on the Taieri, and outside the Brighton Surf Life Saving Club, Mayor Dave Cull yesterday promised to consult the public before the council made any decisions. […] Waverley resident Sharon Weir said a meeting was held on Wednesday night with about 15 residents, and a petition to oppose the proposal had been started.
Read more

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The only reason “Overcrowding had been a major issue at Warrington and Ocean View, resulting in widespread concern.” is because the Dunedin City Council decided to NOT manage the Warrington Domain. This to take away problems from ‘metropolitan’ areas.

DISGUSTING COUNCIL TREATMENT OF RURAL COMMUNITIES AND THEIR PUBLIC GREEN SPACE.

Warrington residents have had to deal with this:

Wrecked, the state of the domain after the camping season closed:

A Warrington resident worked out that, in the season, Dunedin Ratepayers had been subsidising the roughly 85–100+ freedom campers at the Domain each night at $10 per head.

CONSIDER A BAN ON FREEDOM CAMPING AT DUNEDIN

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Related Post and Comments:
● 9.6.17 Council says “bag it” —we can help with that
● 30.5.17 The Boil Over : DCC and Freedom Camping, Reserves and Beaches bylaws
● 13.5.17 Condition of Warrington Domain screwed by DCC lack of enforcement #CampingControlBylaw23
● 1.2.17 “Fake news” from DCC boffins & Community Board re freedom camping at Warrington Domain #TheBlight

█ 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.

Stadiums, in particular the FB Aurora Delta Stadium at Dunedin

Olympiastadion München, opened 26 May 1972

Received from Gurglars
Thu, 8 Jun 2017 at 2:11 p.m.

Bayern Munich bought out TSV 1860 Munich, their 50% joint venture partners, for €11 million. The stadium cost €360 million and originally seated 80,000 pax.

This is despite the Stadium being used weekly for matches for Bayern and TS Munchen, and six World Cup games being played at the stadium.

█ Wikipedia: Olympiastadion (Munich)

What this tells us is that stadiums are worthless once built – are not assets, but liabilities.

If they are fully owned (no debt) and receipts go to the stadium owners then they can be profitable, but only if the owner is also the user. Thus the only hope is for the Highlanders/Otago to own the stadium.

The DCC have demonstrated that all they can rack up is more debt, more bills and more losses.

[ends]

****

Fat chance of Otago Rugby taking over the stadium while it continues to be subsidised by DVML – the true cost of which is not made public. ORFU is now making profits but declines to pay back the ratepayers for the ‘simple things’, like black tie dinners held at the stadium in recent times. God knows what we’re paying for while Mr Davies sits atop his rugby goal post roost, clucking inanely, looking down at the pretty (untouchable) grass.

The prima donna approach is a False Economy, but not for dullards and professional rugby thugs.

Rip up the grass, put in articial turf, and let the Otago stadium be used by more codes / more sports people.

****

“It is a little naive to think because it is raining outside and there is water on the facilities, you can just come inside.” –Terry Davies

### ODT Online Thu, 8 Jun 2017
Unrealistic to have club sport at stadium – Davies
By Adrian Seconi
The chances of playing club sport under the roof at Forsyth Barr Stadium without an advanced booking are virtually nil, Dunedin Venues chief executive Terry Davies says. The issue came up in mid-April when the Dunedin City Council closed all its grounds due to poor weather. The Dunedin Rugby Metropolitan Council was reluctant to cancel round five of premier rugby and had hoped to play on the sand-based surfaces at Hancock Park and Kettle Park and possibly under the roof at Forsyth Barr Stadium. However, the stadium was ruled out because of scheduled maintenance. The issue came up again last month when grotty weather forced more cancellations, although premier rugby went ahead as planned. Davies said the idea club sport could be played at Forsyth Barr Stadium because of poor weather was naive. […] “The stadium was fundamentally built to deliver a real economic impact for the city. We have a number of major contracts in place with the professional rugby bodies … and there are other major events that we need to look after. On that basis we run quite a detailed maintenance schedule right through to the year it ensure we can deliver. The last thing we want to do is have a facility that is [not looking its best].”
Read more

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Posted by Elizabeth Kerr

This post is offered in the public interest.

#OldHat Dunedin bus system hard to use and unaffordable

Lynley Hood is a positive advocate for her area, no doubt – but hopefully she can think more widely than Corstorphine, to the provision of fair and equitable public transport for The Many, wherever they live in Dunedin, who struggle to pay standard fares or top up the ‘dumb’ Go Card —or who have no bus service to their streets at decent intervals with timely transfer options for necessary travel destinations [the currently ‘immovable’ ORC system].

Or thank god, there’s hail apps.

[Is Otago Regional Council up with the technology about to change public transport @ New Zealand —thereby cancelling any profit from the ill-thought diesel-breathing bus hub planned for Great King St in Central Dunedin.]

Black car service [uberinternal.com]

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When a new flexible bus ticketing system is introduced early next year in Dunedin and the Queenstown area, consideration would be given to introducing a lower $5 top-up for Go Cards for online payments. –ORC

### ODT Online Tue, 6 Jun 2017
Bus discounts asked of ORC
By John Gibb
Kew resident Lynley Hood is urging the Otago Regional Council to introduce a community services card bus discount to help “transport disadvantaged” people in Dunedin. “Public transport is important for all sorts of reasons, certainly for inclusiveness and giving everybody a chance,” Dr Hood said. If you’re going to proceed with education and get a job, you’ve got to have transport. It’s got to be attractive to everybody, so it works for the people who need it.” She often saw bus users checking their small change to see if they could afford to use the bus, and clearly not everyone could. She has been suggesting this extension of the bus discount system, and other improvements in the Corstorphine bus service, for several years, and made a detailed submission to the council in 2014. More Corstorphine residents would be encouraged to switch to Go Cards by providing the suggested discount for community services card holders, and cutting the minimum Go Card top-up payment from $10 to $5, she said.
Read more

Radiohead Published on Jun 2, 2017
Radiohead – I Promise
I Promise is one of 3 previously unreleased tracks from the album OK Computer OKNOTOK 1997 – 2017.

****

“Transportation companies compete for customers, and ultimately it is the consumer who makes the choice.” –Chicago’s Department of Business Affairs and Consumer Protection

“Were the old deemed to have a constitutional right to preclude the entry of the new into the markets of the old, economic progress might grind to a halt,” Judge Richard Posner wrote in the 7th Circuit decision. “Instead of taxis we might have horse and buggies; instead of the telephone, the telegraph; instead of computers, slide rules.”

### usatoday.com 4:47 p.m. ET 5 Jun 2017 | Updated
Chicago cabbies say industry is teetering toward collapse
By Aamer Madhani
CHICAGO — Operators of the nation’s second-biggest taxi fleet are now accelerating toward their long-rumoured extinction, edging towards becoming virtual dinosaurs in the era of ride-sharing monsters Uber and Lyft. Cabbies have long grumbled that the sky is falling as they lose ground to ride-sharing companies. Now, cabbies in Chicago are pointing to new data that suggests the decline could be speeding up. About 42% of Chicago’s taxi fleet was not operating in the month of March, and cabbies have seen their revenue slide for their long-beleaguered industry by nearly 40% over the last three years as riders are increasingly ditching cabs for ride-hailing apps Uber, Lyft and Via, according to a study released Monday by the Chicago cab drivers union. More than 2,900 of Chicago’s nearly 7,000 licensed taxis were inactive in March 2017 — meaning they had not picked up a fare in a month, according to the Cab Drivers United/AFSCME Local 2500 report. The average monthly income per active medallion — the permit that gives cabbies the exclusive right to pick up passengers who hail them on the street — has dipped from $5,276 in January 2014 to $3,206 this year. The number of riders in Chicago hailing cabs has also plummeted during that same period from 2.3 million monthly riders to about 1.1 million. Declining ridership for Chicago’s taxi industry comes as foreclosures are piling up for taxi medallion owners who aren’t generating enough fares to keep up with their loan payments and meet their expenses.
….Chicago cabbies aren’t alone in feeling the pinch. In New York, ridership in the city’s iconic yellow cabs has fallen about 30% over the last three years. Last year, San Francisco’s Yellow Cab — the city’s largest taxi company — filed for Chapter 11 bankruptcy protection. Los Angeles taxi ridership fell 43%, and revenue was down 24%, between 2013 and 2016.
Read more

█ Medallion Report (FINAL)

[watch video] Fox 32 : Chicago taxi drivers: Industry is teetering toward collapse
Posted: Jun 05 2017 09:50PM CDT | Updated

New York, the new normal….

Motherboard Published on May 27, 2016
Is Uber Killing the Yellow Taxi in New York City?
As Uber’s stranglehold over the taxi industry increases, some New York yellow cab dispatchers have found themselves in an unprecedented predicament: sitting on millions of dollars worth of medallion yellow cabs, but not enough drivers to drive them.

█ Wikipedia: Taxicab regulation

Related Post and Cimments
8.12.16 Our loss-making public bus system, as for the colours *spew
20.11.16 Dunedin Buses – Route planners don’t consider effects on local business
11.8.16 Tesla Motors to open new location every four days #electrictravel
21.3.16 Uber travel

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Posted by Elizabeth Kerr

This post is offered in the public interest.

#Aurora —“What was that?!” Huh? What?! [a council mutters, suddenly]

Really, we haven’t heard much lately from the DCHL chairman about the dwindling source of funds to the city council…. counting down to June 30 perhaps, with lawn mowing to look forward to in Spring. But what of an associate commissioner’s five-year term at the Commerce Commission.
A few things are not being said in ‘above Board’ fashion.

Around a billion dollars to retrieve Aurora, is it worth it and how?
By the beg, borrow and ‘TAX’ ratepayers method ?? When Otago power consumers have already paid their line charges to cover network upgrades and renewals that never happened. Look at this winding garden path, so much leafy cover and fat plums for the picking, but —WHERE did the money go and WHICH ENTITIES AND WHICH INDIVIDUALS are responsible for wrongful application of lines monies to other unrelated activities.
Thankfully, in this situation, a raft of New Zealand legislation (laws) and statutory regulation applies.

—

DCC’s budget resilience, helped by accelerated debt repayments and reduced debt-servicing costs, meant the council had “some room to move”….“we are already in a constrained situation and we’ve got some buffer in the system”.

Friday, 2 June 2017
DCHL dividends to council in doubt
By Chris Morris
The Dunedin City Council expects dividends from its companies to “flatline” as Aurora grapples with the $720million cost of rebuilding its electricity network. But Dunedin Mayor Dave Cull says improvements in the health of the rest of the council’s books means it is up for the financial challenge. His comments came after council chief executive Dr Sue Bidrose, speaking at this week’s council meeting, said the council faced fresh uncertainty over future dividends. […] The money helped ease the pressure for rates rises […] The change reflected the need to get DCHL’s books in order — after years of borrowing to pay dividends — and reinvest in Aurora’s network […] speaking this week, Dr Bidrose said the projected dividends were at risk because of Aurora’s investment plan. “We will be reviewing that, in light of the high level of asset maintenance required by Aurora. It seems it would be a fair assumption it will be at least longer before that dividend payment recommences,” Dr Bidrose said.
Read more

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

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Posted by Elizabeth Kerr

This post is offered in the public interest.

[pinterest] – shoes on line bricked by whatifdunedin

Topical debates on Corruption in New Zealand

At Twitter:

It shouldn’t be career ending to get done over by a crooked employee but it should mean you can’t be Auditor-Generalhttps://t.co/wvMn1dehUU

— Matthew Hooton (@MatthewHootonNZ) May 22, 2017

A convicted fraudster apparently headed an inquiry into workplace harassment just months before she was arrested https://t.co/FqTA5VgyRZ pic.twitter.com/fAKwp0hsuI

— nzherald (@nzherald) May 22, 2017

Other media items:
22.5.17 Can the Auditor-General be trusted to combat corruption?
21.2.17 NZH: Ex Ministry of Transport manager jailed for $726k fraud
26.8.16 Former Ministry of Transport fraudster denied bail

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Read Bryce Edwards’ full opinion piece linked below, and the associated reference links.

It’s Worth Your While Dunedin
Because you know instances of this bigger story, and you know them well.

The following is an abridgement.

This website has bolded some words provided by Mr Edwards and the commentators he cites. Words that bloggers increasingly have a ‘steam problem’ to include in everyday use of the English language.

So much for district heating schemes, eh.

—

### NZ Herald 2:48 PM Tue May 23, 2017
Political Roundup: The unaccountability of elites
Politics
By Bryce Edwards
OPINION —How much accountability is there in New Zealand politics and public life? Not enough, it seems, going on recent controversies. Mistakes by those in authority can lead to disasters and misfortunes of various magnitudes. Yet a number of recent examples – ranging from the Pike River tragedy through to the Havelock North water contamination crisis – suggest that there is often a worrying lack of consequences or accountability for the authorities involved.
Following on from yesterday’s Political Roundup column about managers failing to prevent serious fraud in a government department (Can the Auditor-General be trusted to combat corruption?); an obvious question is whether New Zealand has a culture in which there’s a lack of accountability for elites who make serious mistakes.
This need for this question is further underlined by Peter Newport’s strongly argued opinion piece, Is fraudster Joanne Harrison’s old boss really fit to lead NZ’s top public watchdog? In this must-read piece published yesterday, Newport details all of the whistle-blowing attempts to alert Ministry of Transport managers to the crimes being committed in the government department, and how those whistle-blowers then lost their jobs, seemingly as a result. Reading Newport’s account, it seems that much of the fraud was entirely preventable. He asks: “Where was human resources? The Public Service Association? The police? The SFO? The auditor general? The chief executive? This all happened in a modern New Zealand government ministry. In the full light of day.”
He concludes that “the chief executive, and his successor, have consistently refused to properly investigate either what she got away with or the further systemic failings behind the scenes… It’s disgusting. Where does the buck stop and who gets the whistle-blowers their jobs back?”
….[break]
Part of New Zealand’s democratic deficit relates to a lack of a culture of accountability in public life and governance. According to Karl du Fresne, “Accountability, the long-established principle that someone should be seen to take responsibility for serious mistakes, is frequently talked about but rarely practiced” – see his column, Accountability the price of keeping the system honest. He makes some important points about the apparent decline in standards of accountability in political and public life in New Zealand, pointing out that the end result, is “public confidence in ‘the system’ continues to be steadily eroded.” This is a major democratic problem, says du Fresne: “If no one ends up accepting personal responsibility and incurring a penalty, there’s little incentive to make sure it doesn’t happen again. […] Part of the problem is that “genuine political commentary and critical analysis in New Zealand has been eroded almost to the point of non-existence over the past few decades”. This is the view of Bob Gregory of the Victoria University of Wellington, who links the decline of accountability to the decline of public debate and information…..
….[break]
So, does all of this lack of accountability mean that New Zealand is possibly more vulnerable to corruption than people assume? This is discussed by former parliamentary staffer Grant McLachlan in his opinion piece, NZ should raise the bar on corruption. McLachlan suggests that New Zealand isn’t well protected from corruption: “Our processes to deal with corruption are flawed. […] When a judge in our highest court doesn’t declare a conflict of interest, the Attorney-General shouldn’t offer the judge a golden handshake to save the taxpayer the cost of an inquiry. When a dodgy mine explodes killing 29, out-of-court payments should not influence the dropping of a prosecution. The Protected Disclosures Act was meant to protect good faith whistle-blowers when reporting ‘serious wrongdoing’. Poor internal processes, however, have resulted in witch-hunts and whitewashes.”
….[break]
Finally, does the culture of misinformation and opaque politics play a part in limited accountability? Graham Adams thinks so, and says that there’s good reason for being appalled by the deception that comes out of government these days. He says “Kept in the dark and fed endless bullshit, it’s difficult for even engaged citizens to make sense of much in New Zealand’s public and political life” – see: Information underload: We’re all mushrooms now.
Read more

█ Bryce Edwards, until recently a lecturer in Politics at the University of Otago, researches and critiques New Zealand politics, public policy, political parties, elections, and political communication. His PhD, completed in 2003, was on ‘Political Parties in New Zealand: A Study of Ideological and Organisational Transformation’. He is currently working on a book entitled ‘Who Runs New Zealand? An Anatomy of Power’. He is also on the board of directors for Transparency International New Zealand.

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Posted by Elizabeth Kerr

This post is offered in the public interest.

[picdn.net]

‘GNS study’ story lacks all credibility

### NZ Herald Sun, 21 May 2017 at 8:55 AM
Higher seas may force New Zealand towns to retreat inland: GNS Science study to investigate
By Jamie Morton
Researchers have begun investigating how some New Zealand communities could be pulled back from hazard zones in the face of flooding driven by climate change and sea level rise. A new study, to be led by GNS Science as part of a near million-dollar wider research programme, will look at ways authorities and communities can plan for homes to be moved to safer ground. It is estimated two thirds of Kiwis live in areas prone to flooding. At least 43,000 homes lie within 1.5 metres of the present average spring high tide, and nearly 9000 within 50cm. The most optimistic emissions scenario has global average sea levels likely to rise between 44cm and 55cm by 2100. One way to meet this threat is with what’s called “managed retreat” – shifting back houses and infrastructure and allowing the shoreline to move inland. “In New Zealand, there have always been communities in hazard areas, particularly on the coast, and this is something that’s always been an option,” said GNS researcher Emily Grace, who is leading the study. “But it’s definitely had more prominence in the last few years with people becoming more aware of sea level rise and the effects of global warming.” While there were measures within the Resource Management Act that authorities could use to help plan for shifting homes or roads, the issue was fraught with complexity. There were conflicts between what actions regional and district councils could take, and private property rights also posed barriers for planners, Ms Grace said. “It’s the kind of thing that goes in the too-hard basket, really – and part of the point of the research is to find out why it has not been carried out by councils in New Zealand and what could help change that.” With the exception of Christchurch’s post-quake red zone, she could cite just a few examples of such moves being taken. NZME.
Read more

[The propaganda]
NZ and climate change (via NZ Herald)
• Under present projections, the sea level around New Zealand is expected to rise between 50cm and 100cm this century, while temperatures could also increase by several degrees by 2100.
• Climate change would bring more floods (about two-thirds of Kiwis live in areas prone to flooding); make our freshwater problems worse and put more pressure on rivers and lakes; acidify our oceans; put even more species at risk and bring problems from the rest of the world.
• Climate change is also expected to result in more large storms, compounding the effects of sea level rise.
• New Zealand, which reported a 23% increase in greenhouse gas emissions between 1990 and 2014, has pledged to slash its greenhouse gas emissions by 30% from 2005 levels and 11% from 1990 levels by 2030.

12.5.17 ODT: Higher floor levels for some houses
From today, floors in houses to be built in low-lying areas of Dunedin could be up to 1m off the ground following the introduction of new “interim” minimum floor levels.

****

Interesting opinion piece in the ODT today: ‘Left showed the Right the way’ by Andrew Waterworth. He says:

Postmodernism’s critique of science has paved the way for a broader questioning of whether empirical truths established through scientific method can be trusted. This has created fertile ground for the far Right to assert that science is a matter of opinion, to challenge scientific evidence for climate change, for example and to propose “alternative facts”. (ODT 22.5.17)

Instead, I would have said ‘this has created fertile ground for right thinking people to assert that computer-modelled science on climate change is just a box of fluffy ducks’. Because the ‘righters’ been stung by the evil tentacles, oh so many tentacles.

Obviously, the whole point is that the climate changers, vast numbers of them, ie millions of lemmings, have been riding high on false data for too long; false data initiated and supported by global corporates hand in hand with scrumpy academics, who both create and clip the tickets to gobble up Your Money and Assets. See too, what numbing expectations Central Government and the Parliamentary Commissioner for the Environment are placing on local authorities across New Zealand – and how those ‘with power’ around us are swallowing the cc distortions whole, applying mandates with fuzzy zeal in the complete absence of scientifically factual critical contest.

I think Mr Waterworth reads Dellers at Breitbart.

****

Donald Trump | Pope Francis [salon.com]

### breitbart.com 18 May 2017
Delingpole: Pope Will Convert Trump on Climate Change, Claims Bishop
By James Delingpole
When President Trump visits the Vatican next week, he will be transformed by the radiant wisdom of His Holiness, the Pope, into a fully fledged climate change believer. Or so – somewhat optimistically – the bishop in charge of the Vatican’s Pontifical Academies of Science and Social Sciences has claimed. Bishop Marcelo Sánchez Sorondo, the Academies’ chancellor, said in an interview:

They will come to an agreement, since the president claims to be a Christian, and so he [Trump] will listen to him [the Pope].

Actually, you can bet your bottom dollar that this won’t happen, not least because the Pope’s views on climate change are in many ways profoundly unChristian. This was why the Pope’s 2015 encyclical on environmental issues Laudato Si was so controversial. It bought into the extreme environmentalist view which sees mankind as a blight on the planet rather than a blessing, and sees the industrial progress which brings jobs and prosperity as a curse.
Here is a sample of the encyclical.

But a sober look at our world shows that the degree of human intervention, often in the service of business interests and consumerism, is actually making our earth less rich and beautiful, ever more limited and grey, even as technological advances and consumer goods continue to abound limitlessly. We seem to think that we can substitute an irreplaceable and irretrievable beauty with something which we have created ourselves.

It also took at face value all the climate scaremongering which alarmists have been dishonestly propagating these last few decades, against all scientific evidence.

The melting in the polar ice caps and in high altitude plains can lead to the dangerous release of methane gas, while the decomposition of frozen organic material can further increase the emission of carbon dioxide.

Carbon dioxide pollution increases the acidification of the oceans and compromises the marine food chain.

One U.S. Congressman – Rep Paul Gozar – complained it made the Pope sound like a “leftist politician”.
Read more

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elevating climate change [freakingnews.com via pinterest]

### breitbart.com 20 May 2017
Delingpole: ‘Penises Cause Climate Change’; Progressives Fooled by Peer-Reviewed Hoax Study
By James Delingpole
Gender studies is a fake academic industry populated by charlatans, deranged activists and gullible idiots. Now, a pair of enterprising hoaxers has proved it scientifically by persuading an academic journal to peer-review and publish their paper claiming that the penis is not really a male genital organ but a social construct. The paper, published by Cogent Social Sciences – “a multidisciplinary open access journal offering high quality peer review across the social sciences” – also claims that penises are responsible for causing climate change.
The two hoaxers are Peter Boghossian, a full-time faculty member in the Philosophy department at Portland State University, and James Lindsay, who has a doctorate in math and a background in physics.
They were hoping to emulate probably the most famous academic hoax in recent years: the Sokal Hoax – named after NYU and UCL physics professor Alan Sokal – who in 1996 persuaded an academic journal called Social Text to accept a paper titled “Transgressing the Boundaries: Towards a Transformative Hermeneutics of Quantum Gravity”.
Sokal’s paper – comprising pages of impressive-sounding but meaningless pseudo-academic jargon – was written in part to demonstrate that humanities journals will publish pretty much anything so long as it sounds like “proper leftist thought;” and partly in order to send up the absurdity of so much post-modernist social science. So, for this new spoof, Boghossian and Lindsay were careful to throw in lots of signifier phrases to indicate fashionable anti-male bias:

We intended to test the hypothesis that flattery of the academic Left’s moral architecture in general, and of the moral orthodoxy in gender studies in particular, is the overwhelming determiner of publication in an academic journal in the field. That is, we sought to demonstrate that a desire for a certain moral view of the world to be validated could overcome the critical assessment required for legitimate scholarship. Particularly, we suspected that gender studies is crippled academically by an overriding almost-religious belief that maleness is the root of all evil. On the evidence, our suspicion was justified.

They also took care to make it completely incomprehensible.

We didn’t try to make the paper coherent; instead, we stuffed it full of jargon (like “discursive” and “isomorphism”), nonsense (like arguing that hypermasculine men are both inside and outside of certain discourses at the same time), red-flag phrases (like “pre-post-patriarchal society”), lewd references to slang terms for the penis, insulting phrasing regarding men (including referring to some men who choose not to have children as being “unable to coerce a mate”), and allusions to rape (we stated that “manspreading,” a complaint levied against men for sitting with their legs spread wide, is “akin to raping the empty space around him”). After completing the paper, we read it carefully to ensure it didn’t say anything meaningful, and as neither one of us could determine what it is actually about, we deemed it a success.

Some of it was written with the help of the Postmodern Generator – “a website coded in the 1990s by Andrew Bulhak featuring an algorithm, based on NYU physicist Alan Sokal’s method of hoaxing a cultural studies journal called Social Text, that returns a different fake postmodern ‘paper’ every time the page is reloaded.” […] None of it should have survived more than a moment’s scrutiny by serious academics. But it was peer-reviewed by two experts in the field who, after suggesting only a few changes, passed it for publication.
Read more

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Posted by Elizabeth Kerr

This post is offered in the public interest.

RNZ reports July hearings for proposed hotel apartment building

Image: Paterson Pitts Group

Image: Thom Craig Architects

### rnz.co.nz Wed, 10 May 2017 at 6:13 p.m.
RNZ News: New Zealand / Business
Hotel plans prioritise visitors over residents – objectors
By Lydia Anderson – Otago/Southland reporter
Residents above the proposed site for Dunedin’s first five-star hotel say it’s not right their view of the city will be blocked so tourists can have a better one. The 17-storey ‘Electric Thistle’ Moray Place design would sit behind the city’s heritage buildings in the Octagon. More than 200 submissions on the project have been filed – three quarters of them in opposition. The hotel’s height and modern design has some residents worried – at about 64m high it would be significantly taller than the current 11m limit imposed on the chosen site, which is currently a carpark.
….The proposed hotel would feature 210 hotel rooms plus apartments, cafe, a wine club, public hot pools and conference rooms.
….The hotel’s developer [?]* Tony Tosswill, who represented Horizon Hospitality Group, said the hotel was being built high rather than wide out of consideration for the views of people living in the city rise area. To meet international five-star standards the hotel needed views and around 200 rooms, he said.
….Public hearings on the submissions will take place in July.
Read more

● Full application: 143-193 Moray Place – LUC-2017-48 and SUB-2017-26
● View all submissions

****

The applicant is NZ Horizon Hospitality Group Limited http://www.companies.govt.nz/co/5876487

The name of the building developer/financier hasn’t been announced. Asian finance is suspected as being needed but likely not obtained yet; New Zealand’s Australian-owned banks aren’t providing credit on speculative developments at this scale.

Pullman Hotels is fêted as the hotel manager.

█ Spokesman for the (unnamed) developer is Anthony Tosswill of Tekapo, NZ. Mr Tosswill is not the developer, as may have been construed from MSM news items.

****

The following comments from Mr Tosswill were received for publication by What if? Dunedin in late April. Links to the threads where they appear are provided here:

2017/04/24 at 9:37 pm
Anthony Tosswill
In reply to Elizabeth.
why do you wish to destroy employment in Dunedin, why do you want to prevent creating Jobs and more revenues for the Community and supporting Tourism and local Business?
Why do you wish to keep subsidizing Dunedin venues when they can support themselves with the Services that this Hotel can offer.
Why dont you disclose who you are so People can judge you and your motives. The Jobs that Cadburys will make redundant are you able to give them Jobs or the new Students ending there education.
When was the Last New Hotel Built in Dunedin? Dunedin None Queenstown 6, Queenstown 26,000 Dunedin 126,000.
How about supporting Development, and Jobs or are you one of those that just as you say destroy everything before its starts.
Who am I, I am a spokesman for the Developer

2017/04/24 at 9:46 pm
Anthony Tosswill
In reply to Elizabeth.
Great Video, it suggests you are supporting Terrorism. Is that amusing blowing up things. It also suggests you want to stop Jobs, supporting local Business. preventing People attending Events and Venues, dislike tourism and dont want a venue that supports Dunedin. I suggest you at least remove the Blowing up of the Developments its in very bad taste.
When reading comments on this site its easy to see why it has so little support.
I am a spokesman for the Developer, who are you?

2017/04/25 at 4:58 pm
Anthony Tosswill
In reply to Peter.
I would like to point out that Residents in Londo complained about the about the Shard in London and the London Eye yet, Yet Today we Recognize London for these 2 Buildings as they are also Top Tourists sites as is the Palace. Hindsight is marvelous
Do you recall the complaints when the stadium prior to been Built now its recognized as one of the Top 20 in the World. Dunedin be proud.
One may tell us of Identical Buildings so we can learn from your expertise.
The Design relates to minimizing views from residents behind plus maximizing views of Tourists that want to appreciate Dunedin and its Harbour we believe in our design and concept.
Retrospective opinions are great if you are trying to stop the future progress of Dunedin, if your view point is taken seriously its Dunedin’s loss.
Spokesman for the Developer.

2017/04/25 at 5:28 pm
Anthony Tosswill
In reply to Elizabeth.
Hi Elizabeth,
you made several comments. Architectural design.
a) Design and the Changes,
In Response, I respectfully point out that does not relate to commercial facts or results, hence for any 5 Star Hotel and in Particular in Dunedin our view is very different but it is for this type of Development whats been Built in All Cities around the World, we are one of the 99% (Not the 1%)
b) We have incorporated a Design that shows off Dunedin, with new Technology that is expected today by 5 Star Guests. Dunedin is the Showcase, the Development is to provide Access to the City not be the City~
You suggest and refer to your time and Resources “What are They”?
It Also appears that you think Asians are also different or at least there Money is, maybe you should complain also about the contribution made by Asians that go to Otago University is their money bad? I like Asian People, I married to one.
Love to know more about whatever Cargo Growth is? Are you a Supporter of Cadbury Factory Closure as well? Is that not a local Resource?
400 Persons Daily Spending Money in New 5 Star Hotel in Dunedin is Growth to Dunedin, please re add up the equation since you have an alleged financial background your sums should add up one cold think,
Good on you Farmer for having an independent view point congratulation is this Elizabeth’s Blog its appears to be!
Spokesman for the Developer

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Related Posts and Comments:
● 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.

Democracy, a little strange looking here and there

ODT 12.5.17 (page 16)

Not sure the above is the “nature of democracy”.
Ownership more often than not has rights to what Democracy might be, for better or worse. Democracy is the dull moving target around traction of tolerance and accommodation, alternately characterised by recklessness, drilling, handholding, gutless audacity and full oppositional war. And finally, perhaps, it is Comedy of Errors (the big CE) – to do with pique, vanity, providence, chess-like cunning, ill temper and quarrelsome kicks, artful dodging, strange bed fellows, lousy cracks at definition, ruthless assaults and incursions, “Territory”, chiming disgust, stiff ultimatums, the surrender to power, corruption or fraud…..and all notions, wagons, bonfires that encircle ‘the final word’ and last stands, angry trumpet votes to Brexit, chaste lookalikes, injury, ill health….. Jesus weeps.

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### ODT Online Wed, 12 Apr 2017
Hospital rebuild: back off but don’t back down
By Hilary Calvert
OPINION If we asked Otago people what they most want from health services it would likely be health service delivery in the province at least as good as the rest of New Zealand. For example, whatever qualifies for an operation here should be the same that qualifies those up north. The Dunedin School of Medicine is vital to us as well. […] What if harassing of the Government in an imagined party political fashion just makes the Government determined to not give us what we want, since we will likely vote two local Labour people into Parliament this year? If we concentrate on telling the Government what we most want, and stop trying to tell it how it should deliver the services, we have a much better chance of getting the best result.
Read more

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Comment to What if? Dunedin:

Diane Yeldon
April 14, 2017 at 11:10 pm
“Harassing of the Government in an imagined party political fashion.” Well said by Hilary Calvert. Spot on!
Here’s the meeting video for 21 Feb. Starting from 1.58.24 into the video, you can watch the discussion on the resolution which authorised the [Dunedin Hospital SOS] campaign. This was the Notice of Motion put forward by Cr Benson-Pope and seconded by Cr Hawkins.
There was no information in the agenda about how much the ‘asking for support’ would cost or how the ‘asking for support’ would be carried out. Nor did any councillors ask questions about this. Their attention was focused solely on discussing the rights and wrongs of the hospital siting (with only a couple of councillors saying they didn’t think it was any of their business.)
I can’t help wondering if many of the councillors did not understood that this ‘asking for support’ would result in unleashing a full-blown advertising campaign with leaflet drop, website and newspaper ads costing so far $12,000! I wonder if the motion had been taken in two parts with the second part only about the campaign and its full extent and costs disclosed the majority would have still voted in favour.

Dunedin City Council Published on Feb 26, 2017
Dunedin City Council – Public Forum + Council Meeting – 21 February 2017
Minutes, agendas and reports related to this meeting can be found at https://goo.gl/Eis3sK

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[decisionmaker.co.nz] formatted by whatifdunedin

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Related Posts and Comments:
● 8.4.17 Questions over Council’s Dunedin Hospital SOS campaign
● 6.4.17 ODT editor comments strongly #tick —Dunedin Hospital rebuild
● 27.3.17 Site Notice #DunedinHospital
● 26.2.17 Dunedin Hospital Redevelopment
● 6.2.17 Let the Ombudsman recommend for democracy at SDHB
● 24.1.17 SDHB/Govt : Physio Pool GRIEF
● 9.1.17 Audit NZ admonishes commissioner Grant and SDHB #Health
● 18.12.16 DCC set to take away CBD car parks without Economic Impact research
20.11.16 Delta at Dunedin Hospital #worseluck
7.11.16 SDHB #FAILS with Healthcare Communication and Governance

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Posted by Elizabeth Kerr

This post is offered in the public interest.

*Image: batmanrobin by Mike Luckovich 2016 @njc.com [via truthdig.com] tweaked by whatifdunedin

DCC fails to meet LGOIMA request re ‘lost’ secure storage of CST files

The Dunedin City Council OWNS the Carisbrook Stadium Trust files, note.

Received from Bev Butler
Mon, 8 May 2017 at 1:40 p.m.

Subject: Complaint Dunedin City Council/storage of stadium documents

Message: Attached is the letter from the Ombudsman Office. I have sent a response to the Ombudsman letter.

[screenshot – click to enlarge]

● Download: 0_1-408161-3117439

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Related Posts and Comments:
2.6.16 Official Information at Dunedin City : Bev Butler maintains pressure
10.7.15 Ombudsman complaint re DCC reply to LGOIMA requests #CSTfiles
9.7.15 DCC: Council-owned CST files whereabouts not declared
27.6.15 Ratepayer boxes #saga
20.6.15 DCC / CST document scramble #LGOIMA

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Posted by Elizabeth Kerr

This post is offered in the public interest.

Condition of Warrington Domain screwed by DCC lack of enforcement #CampingControlBylaw23

Freedom campers are ignoring closed signs at Warrington Domain.

Photographs and accompanying letter received from a Warrington resident (name withheld) on Monday, 8 May 2017 at 10:52 a.m.

● All comments to the photographs are by whatifdunedin.

APPALLING
Dunedin City Council trashes Warrington ratepayers’ and residents’ recreational amenity asset:

Warrington Domain 2 May 2017, ground condition before the domain closed.

Damage to the village green is all down to the deliberate decision by Dunedin City Council to allow uncontrolled freedom camping at the Domain over the 2016/17 summer period (read no enforcement of Camping Control Bylaw 23); this for reduction and avoidance of freedom camping happening in metropolitan Dunedin. Out of sight, out of mind. The Warrington community receives no proper help from the scrubbers on the politicised local community board, to protect the asset.

It’s a bloody scandal – someone (plural) should lose their job.

In these photos freedom campers continue to park outside the closed domain totally ignoring the DCC signage but with apparently no repercussions:

Due to email file size limits a video recording was not forwarded to What if? Dunedin. Hopefully this will come available shortly via YouTube.

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Warrington resident receives no reply to their polite yet pointed email sent to Waikouaiti Coast Community Board (WCCB) and DCC. How surprising!

From: [Warrington resident]
Sent: Saturday, 6 May 2017 8:50 p.m.
To: Waikouaiti Coast Community Board; Dunedin City Council Customer Services; Ashley Reid [DCC]; Jendi Paterson [DCC]
Subject: Freedom campers ignore closed signs

Hi DCC and WCCB,

I became aware there are freedom camper vehicles outside the domain this evening from their music and the noise of car doors.

FYI 13 non-self-contained freedom camper vehicles are parked outside the Warrington domain tonight and a 14th is parked in the surf club carpark.

When asked they denied seeing the signs that clearly state the domain is closed to camping.

Our points are:
– the freedom campers are clearly ignoring your signs
– there doesn’t seem to be anyone controlling the area at night
– it is unreasonable for local residents that the freedom campers choose to park wherever they like

Regards
[Warrington resident]

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Dunedin City Council
█ 23. Camping Control Bylaw 2015 (PDF, 2.5 MB)
The purpose of this bylaw is to protect, promote, and maintain public health and safety by regulating freedom camping within the district; and restrict freedom camping in public places within the district. Link
Date approved: 01 November 2015

DCC 23. Camping Control Bylaw 2015

Related Posts and Comments:
● 9.4.17 DCC obfuscates : Open slather for freedom campers at Warrington
● 16.3.17 WE have the information, unreasonable delay providing it #LGOIMA
● 15.2.17 Warrington : DCC dictates loss of community’s grassed recreation reserve to freeloaders
8.2.17 Hands Off Enjoyment of OUR Beaches #DCC
● 6.2.17 Uncontrolled freedom camping at Warrington Domain this weekend —DCC ‘hell model’ [no enforcement]
● 1.2.17 “Fake news” from DCC boffins & Community Board re freedom camping at Warrington Domain #TheBlight
10.2.16 Dunedin freedom camping #DCC #enforcement
16.12.14 DCC: Freedom Camping issues
7.12.09 Coastal protection zones

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Posted by Elizabeth Kerr

This post is offered in the public interest.