ODT: Vandervis v Cull

‘Mr Cull maintained he was correct to call Cr Vandervis a liar during a furious bust-up at a council meeting last December, telling the Otago Daily Times yesterday “a lie is a lie”.’

### ODT Online Sat, 7 May 2016
Threat to ‘double damages’
By Vaughan Elder
Councillor Lee Vandervis has threatened to “double the damages” from defamation action after Dunedin Mayor Dave Cull stood by calling him a liar. […] Cr Vandervis launched the defamation action this week, saying Mr Cull calling him a liar during a discussion on a new council procurement policy was incorrect and defamed him. A letter sent to Mr Cull by Cr Vandervis’ legal counsel, Alistair Paterson, said he would be willing to forgo defamation action if Mr Cull paid his legal costs and made a public apology in a full council meeting filmed by Dunedin Television and in the presence of Allied Press [Otago Daily Times] reporters.
Read more

Channel 39 Published on Dec [14]*, 2015
Councillor asked to leave meeting
Councillor Lee Vandervis was instructed by Mayor Dave Cull to leave a Dunedin City Council meeting today. The request came after Cr Vandervis alleged that tender contracts could not be secured unless a relationship was developed with staff. The Mayor rejected his claims, saying he had no proof. Cr Vandervis then proceeded to continue discussing the matter and was asked to leave.
Note: Incorrect date of meeting given at YouTube entry.

Dunedin City Council Published on Dec 15, 2015
[full meeting video – relevant segment near end from 2:07:19]

● Unconfirmed Minutes of Meeting (14.12.15)
No reason given for minutes as yet unconfirmed by Council.

Related Posts and Commments:
14.3.16 Cr Vandervis co-operates with investigators #mediaslant
20.12.15 More emails —DCC aftermath of full council meeting 14.12.15
19.12.15 Member of the public lays Conduct complaint against Mayor Cull
15.12.15 Santa Cull’s idea of standing orders 14.12.15 #xmasface

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

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Posted by Elizabeth Kerr

Election Year —this post is offered in the public interest.

*Image: dunedintv.co.nz – archivemash by whatifdunedin

More emails —DCC aftermath of full council meeting 14.12.15

Updated post
Mon, 21 Dec 2015 at 1:00 p.m.

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“I have told you personally of a relationship with a DCC manager where I had to pay a 10% backhander to get a contract.” –Cr Vandervis to Mayor Cull

### ODT Online Mon, 21 Dec 2015
Contract fraud call at DCC
By Chris Morris
Dunedin city councillor Lee Vandervis’ actions will form part of a fresh fraud investigation inside the Dunedin City Council, after he claimed to have paid a backhander to secure a council contract. Council staff have confirmed his actions would be examined by the council’s internal auditors, Crowe Horwath, under the council’s new fraud prevention policy.
Read more

Otago Daily Times Published on Dec 14, 2015
Cr Lee Vandervis instructed by Mayor Dave Cull to leave meeting.
[Vandervis statement around 1.25 mark]

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Received from Lee Vandervis
Sat, 19 Dec 2015 at 10:56 p.m.

Re: Town Hall Redevelopment Project and Citifleet fraud allegations

—— Forwarded Message
From: Sandy Graham
Date: Fri, 18 Dec 2015 02:37:27 +0000
To: “Council 2013-2016 (Elected Members)”
Cc: “Executive Leadership Team (ELT)”
Subject: Additional LGOIMA emails re Various matters related to allegations from Monday meeting

Councillors

Please find attached an additional PDF that was included in the information provided to the ODT but got missed in my earlier email to you.

Apologies.

Sandy

From: prncc209@dcc.govt.nz
Sent: Friday, 18 December 2015 12:48 p.m.
To: Sandy Graham
Subject: Message from KM_C454e

(1) Attachment:
█ SC454E0591715121812470 [683890] (PDF, 169 KB)
Lee Vandervis to Bidrose 28.6.15 [thread]

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Related Post and Comments:
19.12.15 DCC aftermath of full council meeting 14.12.15 (emails released)

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Posted by Elizabeth Kerr

DCC aftermath of full council meeting 14.12.15 (emails released)

Extraordinary times at Dunedin City Council in which no-one looks good. With what political mileage generated at mayoral level; and what questions of the chief executive, and ODT’s role and or complicity, in this sudden council release of information to the public realm.

Read the email threads attached to Sandy Graham’s email to Cr Vandervis.

More than ever, these exchanges show strong need for an independent Procurement manager position at Dunedin City Council with oversight of all managers of departments and divisions, as Cr Vandervis has been recommending for some time.

Unsurprisingly, belatedly, an investigation into alleged fraud at City Property should commence, along the lines of what happened for Citifleet —this time, with full accountability to the ratepayers and residents of Dunedin.

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Received from Lee Vandervis
Sat, 19 Dec 2015 at 11:12 a.m.

—— Forwarded Message
From: Lee Vandervis
Date: Sat, 19 Dec 2015 10:02:42 +1300
To: Sandy Graham, Andrew Noone, Andrew Whiley, Chris Staynes, Doug Hall, Hilary Calvert, John Bezett, Jinty MacTavish, Kate Wilson, Lee Vandervis, Mayor Cull, Mike Lord, Neville Peat, Richard Thomson, David Benson-Pope, Aaron Hawkins
Cc: Sue Bidrose
Conversation: LGOIMA request – Various matters related to allegations from Monday’s meeting
Subject: LGOIMA request – Various matters related to allegations from Monday’s meeting

Dear Sandy,

Given the Deloitte comment “We do not have any objection to you sharing this letter with the Councillors.”
and my repeated LGOIMA and requests for other Deloitte information, why was this information not supplied to me well before now?!
Please state complete reasons and who was responsible for the decisions to withhold this information from me.

Regards,
Cr. Vandervis

On 18/12/15 12:03 pm, “Sandy Graham” wrote:

Dear Councillors

FYI. This is a response to a LGOIMA request that we provided to the ODT. It is likely to feature in the paper over the next day or two.

Regards
Sandy

—————————————

From: Sandy Graham
Sent: Thursday, 17 December 2015 4:33 p.m.
To: Chris Morris [ODT]
Subject: LGOIMA resposne – Various matters related to allegations from Monday’s meeting

Dear Chris

Further to your LGOIMA request, please find below and attached responses to your questions.

You stated:
At Monday’s council meeting, Cr Vandervis claimed he had paid a backhander to council staff to secure a contract prior to his time as a councillor. I’m told by the Mayor that this is believed to relate to a former staff member who no longer works for council.

Q Are staff investigating or considering the legal or other implications of Vandervis’ backhander claim?

Yes – all aspects of the transaction will be investigated.

Q If so, can you say what the implications of his statement are, and the possible options or actions that might follow? Does it, for example, trigger an investigation under the council’s anti-fraud policies, and would that look at the actions of the former staff member, Cr Vandervis, or both?

The internal auditors have been advised and they are following the process as per the Fraud Prevention Policy and Procedures.

Q What action might be taken as a result?
It’s too early to say what if any action will be taken.

Previous questions
1. What claims has Lee Vandervis made in relation to alleged fraud involving council?

See attached emails which provides documented details of recent fraud allegations. As discussed, these emails are the what we have been able to quickly identify over the past couple of years. We have not gone back further at this stage.

2. What evidence, if any, has he provided to back up those claims?
Please see emails as above

3. I’m told the DCC received a separate piece of information from Deloitte assessing the claims made by Lee Vandervis in relation to the Citifleet fraud. If possible, can I have a copy of that today?

A copy is attached with redactions to protect the privacy of certain individuals pursuant to section 7(2)(a) of LGOIMA.

As we have withheld certain information, you are entitled to a review by the Office of the Ombudsman.

Regards
Sandy

Sandy Graham
Group Manager Corporate Services
Dunedin City Council

—— End of Forwarded Message

(4) Attachments:

█ SC454E0591715121715540 [546869]
Email thread Bidrose 16.12.15 – Community Housing Maintenance Contract LGOIMA

█ Email – 2015_02_25_Redacted]
Lee Vandervis to Grant McKenzie 25.2.15 In Confidence- Alleged Fraud

█ Email – 2015_02_25_Redacted [546867]
Email thread Grant McKenzie to Lee Vandervis 25.2.15 In Confidence- Alleged Fraud

█ SC454E0591715121715470_Redacted [546868]
Deloitte to Bidrose 4.8.14 – City Fleet Investigation – Matters raised by Councillors

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Posted by Elizabeth Kerr

[Stuff] Citifleet: court proceeding

Updated (via Hamish McNeilly/Fairfax Media)
Wed, 18 Nov 2015 at 3:20 p.m.

█ Court date pushed back to February.

Civil proceedings against Maria Frances Smith were due to be heard at the High Court in Dunedin tomorrow morning, with the council listed as the plaintiff, but the case has been adjourned until February 4.

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Link received from Fairfax Media.

### Stuff.co.nz Last updated 14:07, November 18 2015
Dunedin City Council to take widow of sole Citifleet suspect to court
By Hamish McNeilly
The Dunedin City Council has launched civil proceedings against the widow of the man believed to be responsible for the $1.5 million Citifleet fraud. The council lodged the proceedings against Maria Frances Smith, the widow of Brent Bachop, with the Dunedin High Court. A hearing, understood to be about Bachop’s estate, was originally set down for Thursday but will now happen in February.
Read more

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Posted by Elizabeth Kerr

Citifleet investigation: Final police report 29.10.15

(via OIA) Copy of final report of the NZ Police investigation into Citifleet.
The information released is the same as given to media outlets on Thursday, 5 November.

[poor copy as supplied; heavily censored]

█ CITIFLEET POLICE REPORT Final 29.10.15 (PDF, 2 MB)

█ For more, enter the terms *citifleet*, *bachop*, *bidrose* or *vandervis* in the search box at right.

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Posted by Elizabeth Kerr

Stuff: Police release final Citifleet report

Updated.
Fri, 6 Nov 2015 at 2:40 p.m.

Over an 11-year period, 152 vehicles were unaccounted for, while more than $100,000 was misappropriated on a council fuel card.

### Stuff.co.nz Last updated 16:21 05/11/2015 | 11:34 05/11/2015
No-one charged with $1.5m Dunedin council fraud case
By Hamish McNeilly
No-one will be charged with the $1.5 million Dunedin City Council Citifleet fraud, a final police report reveals. Dunedin Police have released the final report into the fraud, involving the theft of more than 150 council vehicles and misused fuel cards, after the earlier release of an investigation report to Fairfax Media. That report was reviewed by Detective Senior Sergeant Malcolm Inglis, who concluded there was “insufficient evidence to charge any of the purchasers of the vehicles with the offence of receiving”.

“No other charges have been identified.” –Police report

Deloitte interviewed 62 people in relation to the theft of the vehicles from the council and the “majority of those persons were council employees”, the police report said.
● The council was expected to release a response to the police report on Thursday afternoon.
Read more

ODT: Police review backs Citifleet decision
No comments allowed.

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Posted by Elizabeth Kerr

DCC Citifleet: Redactions redactions

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Det Snr Sgt Inglis’ review (February 2015) stretched to four pages, but about half its contents were blacked out prior to being released.

### ODT Online Thu, 15 Oct 2015
Citifleet review findings blacked out
By Chris Morris on Thu, 15 Oct 2015
An internal review of the initial police investigation into the $1.5 million Citifleet fraud has made several findings, but exactly what they are remain under wraps. Months after the conclusion of the investigation Dunedin police last week released a heavily redacted copy of the review to the Otago Daily Times.
Read more

█ For more, enter the terms *citifleet*, *deloitte*, *bachop* or *bidrose* in the search box at right.

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Posted by Elizabeth Kerr

*Image: eliseblaha.typepad.com – enJOY it by Elise Blaha Cripe [detail]

DCC Citifleet: Police finishing final report

### ODT Online Wed, 16 Sep 2015
Final Citifleet fraud report not finished
By Chris Morris
Dunedin police are still working to finalise a report into the $1.5 million Citifleet fraud, despite announcing in June no charges would be laid, it has been confirmed. The development came as it was confirmed an earlier police report into the Dunedin City Council’s long-running fraud was released to media despite internal concerns from senior police it was out of date, emails showed.
Read more

● The Department of Internal Affairs was keeping a close eye on the Dunedin City Council’s handling of the Citifleet fraud investigation, documents show. (ODT)

█ For more, enter the terms *citifleet*, *bachop*, *bidrose* or *vandervis* in the search box at right.

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Posted by Elizabeth Kerr

DCC Citifleet: Council steered off SFO investigation

Link received.
Mon, 7 Sep 2015 at 9:47 p.m.

█ Message: Spot the difference – a Maori group gets the SFO while Dunedin Ratepayers get a lowly detective.

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### NZ Herald Online 3:59 PM Monday Sep 7, 2015
Tertiary funding probe: SFO called in as centre agrees to pay back $7.5 million
By Steve Deane
A senior manager is dead and a Serious Fraud Office investigation has been launched following a probe into an agricultural college that uncovered millions of dollars of unjustified taxpayer funding.
The results of a Tertiary Education Commission (TEC) investigation into funding irregularities at Taratahi Agricultural Training Centre were released this afternoon following investigations by the Herald.
Taratahi’s former chief executive, Dr Donovan Wearing, died suddenly in January – three months after the TEC confirmed it was undertaking a ‘targeted review’ of the organisation.
The Herald has been told Dr Wearing addressed staff at the sprawling campus just outside Masterton about the investigation on January 21. The 52-year-old father of six was later found in a critical condition in a shed on campus grounds. He was taken to Wellington Hospital where he died at 10.30pm.
Dr Wearing’s death has been referred to the coroner.
Read more

█ For more, enter the terms *citifleet*, *deloitte*, *vandervis*, *detectives* and *bidrose* in the search box at right.

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Posted by Elizabeth Kerr

Fairfax Media: Police release Citifleet investigation report

Updated post
Wed, 12 Aug 2015 at 4:50 p.m.

██ CITIFLEET POLICE REPORT (PDF, 4.41 MB) —via Fairfax Media

—

The detective, who has since left the police force, also noted the council did not supply Bachop’s credit card or fuel card statements as requested.

### Stuff.co.nz Last updated 13:08, August 12 2015
Police raised possibility of others involved in Dunedin City Council Citifleet fraud
By Hamish McNeilly
It had been billed as the work of a sole suspect, but a police file into the investigation of the theft of 152 cars from the Dunedin City Council fingers the “highly suspicious” activity of another unnamed person. Police have released to Fairfax Media their investigation report into the Citifleet fraud.
Read more

Previous articles:
18.12.14 Stuff: Car fraud pinned on dead man
3.6.14 Stuff: Dunedin council unit under scrutiny

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[screenshot – click to enlarge]

█ For more, enter the terms *citifleet*, *conduct* and *vandervis* in the search box at right.

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Posted by Elizabeth Kerr

DCC AMAZE —oh, more fraud

DCC CULTURE OF ENTITLEMENT
‘Enormously disappointing’ —And Enormously Expected.
‘ONE MAN’ did it. An outright fairytale.
DOLLY didn’t, either. More to come !!

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### ODT Online Mon, 10 Aug 2015
Further cases of fraud at council
By Chris Morris
The Dunedin City Council says the discovery of five more examples of fraud and theft inside the organisation is “enormously” disappointing. […] Details of the smaller incidents emerged last week, in response to Otago Daily Times questions, a year after the discovery of the Citifleet fraud.
Read more

█ ODT blocks public comments to this item.

ODT 10.8.15 [Source: DCC]

[screenshot]

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Related Posts and Comments:
7.8.15 MOU DCC and TCFT New Aquatic Facility #MosgielPool
4.8.15 Hundreds of DCC Staff receive fraud detection/prevention training
28.7.15 DCC tender fraud includes Citifleet —not for discussion
23.7.15 Publicise: laudafinem.com
207.15 Noble property subdivision —DELTA #LGOIMA
13.7.15 Jeff Dickie: Edinburgh tough, Dunedin (DUD)
4.7.15 DCC Citifleet, [a] Deloitte report leaked
25.6.15 DCC Citifleet COVERUP #screwy
17.6.15 Citifleet: ‘Checkpoint’ interviews Dave Cull
4.5.15 Cr Lee Vandervis: Why I continue to vote. #email
1.5.15 Cr Vandervis unlikely to quit several missions #coverup #naturaljustice
24.3.15 Noble property subdivision —DELTA
23.3.15 Noble property subdivision: “Denials suggest that we have not learned.”
17.3.15 DCC —Delta, Jacks Point Luggate II….
3.1.15 DCC: Street talk NEVER HAPPENED
28.4.15 Today at DCC in pictures
24.4.15 DCC re Dr Bidrose’s time as most senior Citifleet Manager
23.4.15 DCC severely FAILS councillor #naturaljustice #contempt
18.3.15 Lee Vandervis releases emails #Citifleet investigation
13.3.15 Cr Vandervis: LGOIMA request – Citifleet … Deloitte Report
24.12.14 Dunedin: Watching the detectives
1.12.14 Stadium Review: LGOIMA request and 2009 Town Hall speeches
18.12.14 DCC: Deloitte report released on Citifleet
21.11.14 Stadium Review: Mayor Cull exposed
19.11.14 Forsyth Barr Stadium Review
1.9.14 DCC Fraud: Further official information in reply to Cr Vandervis
30.8.14 DCC Fraud: Cr Vandervis … urgent need for facts and record to be public
27.8.14 DCC whitewash on serious fraud, steals democracy from citizens
22.8.14 DCC: Deloitte report referred to the police #Citifleet
3.7.14 Stuff: Alleged vehicle fraud at DCC
1.7.14 DCC: Far-reaching fraud investigation Citifleet
28.5.14 DCC: Audit and risk subcommittee
20.3.14 Delta: Report from Office of the Auditor-General
19.3.14 ORFU: Black-tie dinner, theft or fraud?
26.2.14 DCC: New audit and risk subcommittee a little too late !!
14.2.14 DCC: Broadband AND bicycles #fraudband speed
1.12.13 Secret Commissions Act aka ‘Backhanders Law’

█ For more, enter the terms *deloitte*, *citifleet*, *fraud*, *conduct*, *vandervis*, *delta*, *orfu* in the search box at right.

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Posted by Elizabeth Kerr

DCC tender fraud includes Citifleet —not for discussion

Mayor Cull is papering over cracks.

QUESTION
Where did the Deloitte report on Citifleet disappear to after it was leaked to ODT? Somewhere deep in a mud tank, at South Dunedin?
Deloitte produced three Citifleet reports; at least two of these show people are liable (present tense) for prosecution.

Where has ODT been to not take the cover off said blocked mud tank.

What makes Dunedin Police so reluctant to prosecute.

Cull and Bidrose “say” just one man, Bachop, is guilty of the +$1.5million Citifleet fraud, which included +152 fleet vehicles lost as well as trade in tyres and parts, and vehicle service contracts (tenders, black market, yawn)….

No wonder Deloitte investigator Kyle Cameron is pissed off at DCC.
No prosecutions ~!!

But back to Monday’s thrashing on tender fraud.
Cr Vandervis has already provided enough evidence to DCC officials, in non public, to add to or start investigations. They don’t want to know.
This is local government at Dunedin, refusing transparency and accountability.

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Cr Vandervis hit back, telling the meeting he had provided other evidence to Mr Cull in confidence in the past, and could produce it publicly at the meeting, if needed.

### ODT Online Tue, 28 Jul 2015
Vandervis told to produce ‘evidence’
By Chris Morris
Mayor Dave Cull and Cr Lee Vandervis locked horns yesterday after the latter claimed to have “plenty of evidence” of tender fraud involving the council. The comment, as councillors at yesterday’s full council meeting signed off on a new sensitive expenditure policy, prompted a point of order from Cr Jinty MacTavish, who labelled his comment “disrespectful” and challenged him to produce evidence.
Read more

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█ Report – Council – 27/07/2015 (PDF, 164.6 KB)
Sensitive Expenditure Policy and Procedures

The new policy covered everything from travel and accommodation to entertainment and hospitality, but not contracts and tendering, which Cr Vandervis wanted included as well. (ODT)

About cemetery contracts….

5.3.15 ODT: Praise for council from outgoing manager

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Posted by Elizabeth Kerr

Secret Commissions Act aka ‘Backhanders Law’

Though it is perceived as one of the least corrupt countries in the world, New Zealand is among only a handful of countries including North Korea, Germany and Japan not to ratify the 2003 United Nations Convention on Corruption.

### stuff.co.nz Last updated 09:58 01/12/2013
Century-old corruption law carries wrist-slap penalties
By Rob Stock – Sunday Star-Times
A private eye who has helped two clients lay bribery charges under the Secret Commissions Act in the past month says the penalties need updating as they haven’t changed in more than a 100 years. Danny Toreson of Thompson and Toreson Investigations would not name the clients, but said: “One is a commercial organisation and the other is a government body”.

“We have had an increase in dealing with matters concerning allegations of corruption and bribery,” Toreson said. Maximum penalties under the act amount to only a $2000 fine for a company and up to two years prison for a person, which Toreson says is a “bit light”. “It needs a massive overhaul.”

The Secret Commissions Act is the main law outlawing staff taking backhanders for awarding work and contracts without their employer’s knowledge. For example, a government worker could give a contract to a company in return for a secret payment or benefit.
But despite a rising tide of secret commissions charges being laid, an update of the act is long overdue.
Read more

****

No-trick Xmas Party Question:
What’s the connection between Dunedin and Hamburg (Germany), and why does it matter?

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Published by Elizabeth Kerr