Category Archives: Property

DCC Proposed Camping Control Bylaw 2017 : Public Consultation

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

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

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

There are 3 options to choose from.

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

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

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

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

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

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

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

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

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

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DUNEDIN CITY COUNCIL

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

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

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

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

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

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

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

Feedback closes 5pm 9 August 2017

Consultation documents:

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

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

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

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

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

Consultation details:

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

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

DCC Link

ENDS

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Posted by Elizabeth Kerr

This post is offered in the public interest.

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Filed under DCC, DCC Bylaws, Democracy, Dunedin, Economics, Education, Freedom camping, Health & Safety, Heritage, Infrastructure, New Zealand, People, Project management, Property, Public interest, Resource management, Site, Tourism, Town planning, Urban design

Regional state of emergency lifted in Otago (incl Dunedin & Waitaki)

Otago’s state of emergency has been lifted.
Emergency Management Otago this morning lifted the state of emergency which existed since deluges and heavy wind battered Otago’s eastern coast over the weekend. The region has now officially entered a recovery phase with teams moving on to assessing the damage and checking on the needs of those affected by the devastating floods. Emergency Management Otago group controller Chris Hawker, in Dunedin, said the move towards recovery did not signal any reduction in effort.

● Dunedin City Council (03) 477-4000
● Federated Farmers 0800 FARMING (0800 327 646)
● Otago Rural Support Trust 0800 787 254
http://www.rural-support.org.nz

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DUNEDIN CITY COUNCIL

Dunedin July Severe Weather update
10.45am Monday 24 July 2017

State of Emergency lifted

The Dunedin State of Emergency was lifted at 9am today. Under the Civil Defence Emergency Act 2002 we are now operating under a Notice of Local Transition Period as we move into the recovery phase.
The transition period is in force for 28 days (expires 9am 21 August) unless extended or ended earlier. The notice still gives the local authority powers to carry out essential emergency-related work.
More information about the work happening as part of the recovery phase will be provided today. The work will be led by Dunedin City Council Recovery Manager Simon Pickford.

Evacuation map – Upper Taieri Pond (PDF, 3.3 MB)
Mill Creek ponding area (PDF, 2.3 MB)

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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}

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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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

Posted by Elizabeth Kerr

This post is offered in the public interest.

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Filed under Aurora Energy, Business, Commerce Commission, Construction, Corruption, Crime, Delta, Democracy, Dunedin, Economics, Education, Finance, Hot air, Housing, Infrastructure, Media, Name, New Zealand, OAG, Ombudsman, People, Perversion, Police, Politics, Project management, Property, Public interest, SFO, Transportation, Travesty, What stadium

DCC ORC : Heavy rain warnings preparations #PublicNotice

See new post : Regional state of emergency declared in Otago in support of Dunedin & Waitaki

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(sp) Oturehua, Ida Valley, Central Otago

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At Facebook:

### ODT Online Fri, 21 Jul 2017
Storm hits: what you need to know

Oamaru
Oamaru and surrounds are bearing the brunt of the storm, with widespread surface flooding and some homes flooded.

Mosgiel
There is surface flooding in Mosgiel, which is being closely monitored.

Sandbags
Mosgiel people concerned about rising water can access sandbags and sand from the Memorial Park car park beside the stadium/Mosgiel Memorial Gymnasium.
Sandbags are also available in South Dunedin at the car park behind St Clair Tennis Club, Victoria Road.
Where possible, people should bring a shovel to fill the bags, although contractors are available on-site at both locations to assist with filling and loading.

Information centres
As a precaution the council has opened information centres in South Dunedin, in The Mercy Room, Catholic Social Services, 42 Macandrew Rd, and at Mosgiel Fire Station Theatre, 3 Cargill St.

Freedom Campers
Due to the weather the Dunedin City Council recommends all freedom campers find alternative accommodation rather than staying at either of the council’s two freedom camping sites tonight.

Roads
NZ Transport Agency has issued road warnings for surface water and flooding across Otago, including SH1 from Waipahi to Waitaki Bridge.
Warnings are also in place for SH88 from Dunedin to Port Chalmers, SH 87 from Kyeburn to Outram.
SH83 from Pukeuri to Duntroon is also affected by flooding and is closed between Gray Rd And Horse Gully Rd.
In Canterbury SH 82 Waimate To Kurow is closed.
SH1 is now closed between Pukeuri to Morven

Rivers
The Kakanui, Shag and Taieri Rivers, the Silver Stream, Water of Leith and the Lindsay Creek are all rising steadily.

Flights cancelled
Flights to and from Dunedin Airport have been cancelled this afternoon.
The cancelled flights include Air New Zealand flights to and from Auckland and Christchurch.
The Jetstar flight from Dunedin to Auckland at 4.15pm has been cancelled.
Air New Zealand is advising customers booked to travel to and from Dunedin to consult the arrivals and departures information on our website here for up to date schedule information.

Sports grounds
The Dunedin City Council has closed all sports grounds for the weekend because of the weather.
The club rugby semi-finals may still go ahead at Hancock Park on Saturday depending on the weather. The decision will be made by the Otago Rugby Football Union.

Power cuts
There are reports of power cuts in Oamaru. In Dunedin power has been cut to about 100 customers in Green Island, Fairfield and Abbotsford suburbs of Dunedin after a power line came down.
Aurora Energy says it has a response crew working to fix the fault and power was expected to be restored by 5pm.

General preparedness
The Dunedin City Council is encouraging all residents and businesses across the city to make their own preparations.
Residents in low-lying areas who feel concerned should make plans to self-evacuate themselves to stay with friends or family who live on higher ground should it be required later on.
Check on neighbours, particularly if they are vulnerable.
Check spoutings and drainage channels for blockages and clear them if necessary
If your basement is prone to flooding lift items that could be damaged by water off the floor. Be sure garden sprays and other chemicals won’t be affected
Check grates near your house for blockages and keep them clear of leaves and other debris to avoid water building up and affecting your property.
https://www.odt.co.nz/regions/storm-hits-what-you-need-know

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Fletcher Building subject to investigation by NZX

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

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

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Sky City International Convention Centre

Remember the National government waffle:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

[ends]

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

Christchurch Justice and Emergency Services Precinct

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

Posted by Elizabeth Kerr

This post is offered in the public interest.

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

Yaldhurst Subdivision (former Noble Subdivision)

S T A T E ● O F ● P L A Y

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

[click to enlarge]

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

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

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

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

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

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

Thanks for your ongoing support Elizabeth

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

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

[ends]

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

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

1 Plan RMA92009135

2 Plan RMA92009135 hlite

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

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

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

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

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

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

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

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

[ends]

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

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

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Posted by Elizabeth Kerr

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Asbestos contamination at Dunedin Railway Station

[womentravelnz.com]

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

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

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

We understand workmen from several companies have been affected.

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

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

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

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