Tag Archives: Compliance

Official Information – public sector review

1453335185378Chief Ombudsman Judge Peter Boshier

The Act [OIA] says responses should be as soon as practicable. That, in most cases, should be almost immediately. Twenty days soon becomes a target rather than an absolute maximum.

### ODT Online Fri, 3 Feb 2017
Editorial: Reinvigorating the OIA
OPINION The move by the Chief Ombudsman and the State Services Commission this week to join forces to release statistics on how the public sector responds to official information requests is welcomed.
The step might be small — giving just an overview of how many requests each department receives, whether they respond by the 20-day deadline and how many complaints are lodged about them — but it is in the right direction. While it reveals the worst performers, deeper digging and more detail is needed to be assured about just how some departments and government agencies are doing in complying with the letter and spirit of the Official Information Act. Encouragingly, the commission is going further, developing a suite of “best practice” measures by the end of November this year. It will also be good to know how many requests are accepted or rejected and also how many requests are delayed right up to that deadline.
Read more

****

Media Release
First release of OIA statistics

January 31, 2017

The Chief Ombudsman has today published comprehensive data about OIA complaints. This first release covers the six months to December 2016 and future releases will happen every six months.
Read more at http://www.ombudsman.parliament.nz/newsroom/item/first-release-of-oia-statistics

Posted by Elizabeth Kerr

This post is offered in the public interest.

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DCC LGOIMA Response : Wall Street Mall and Town Hall Complex

Email correspondence.

From: DCC Governance Support
Sent: Friday, 20 January 2017 8:48 a.m.
To: Elizabeth Kerr
Subject: Official information response 280070 Council Buildings WOF

Dear Ms Kerr,

Official information request for information about COUNCIL BUILDINGS WOF

I refer to your official information request dated 28-November-2016 for the following information. Our response to each question is in red font [italics at this website -Eds]:

1. Does the council-owned Wall Street Mall (211 George St, Dunedin) have a current building warrant of fitness, and if not why not?

The Wall Street Mall at 211 George Street does not have a building warrant of fitness. The current status of the Wall Street Mall building warrant of fitness is that a Letter in Lieu was issued for the Specified Systems 15.3, 15.4, 15.5 because a full 12 months’ worth of daily inspections had not been completed. We can confirm that since July, 2015, these daily checks have been in place and this will not be an issue for subsequent warrants of fitness.

Please note that where a Letter in Lieu is issued this means the Independent Qualified Person (IQP) confirms that the systems in the building are working as they should and are compliant.

2. Since the construction of Wall Street Mall was completed in what years has it had a current building warrant of fitness issued, and if not why not?

Mar 2012 – Outstanding form 12A for Specified System 6 (Riser Mains).
Mar 2013 – Letter in lieu issued for Specified System 6 (Riser Mains).
Nov 2013 – Building Warrant of Fitness Received.
Sep 2015 – Letter in lieu issued for 2014/15 & 2015/16 compliance year for Specified System 15/3.
Regarding the reasons for this, please refer to the comments of the Manager, City Property below.

3. Does the council-owned Dunedin Town Hall complex, including Glenroy Theatre, Metro Cinema, and Municipal Chambers, have a current building warrant of fitness(s), and if not why not?
Since the major Dunedin Town Hall Redevelopment Project was completed (including Glenroy Theatre, Metro Cinema, and Municipal Chambers) in what years has it had a current building warrant of fitness(s) issued, and if not why not?.

There is no building warrant of fitness in place for these premises. Instead the Dunedin Town Hall complex, including the Municipal Chambers, Dunedin Centre and the Metro Theatre, have a Certificate of Public Use in place. This means the buildings are safe to use.

These buildings do not have a current Building Warrant of Fitness as, at time of writing, no current Code of Compliance has been issued following the completion of the redevelopment work as there were some building elements requiring attention relating to fire engineering. These elements have been completed and the documentation submitted to DCC Building Compliance for Final Inspection and issue of the Code Compliance. Once the Code Compliance Certificate has been issued there will be nothing to prevent the issue of a warrant of fitness at the next inspection.

If you wish to discuss this information with us, please feel free to contact Property Manager Kevin Taylor on 03 477 4000. Mr Taylor has prepared the following report for the chief executive. This is provided for your information:

The DCC Property department has previously engaged an outside contractor to administer and manage the BWOF compliance on DCC properties, in particular the Wall St Mall. In early 2015, the Building Compliance aspect was sold to Logic Project Management Consultants and a new company called Logic FM was formed and took over the majority DCC BWOF administration.

Our experience as we undertake building audits is that previous advice may have been too lax or liberal in assessing the building’s compliance with particular codes, specifically around fire protection and fire cells. We have also found that the inspections that were contracted to have been undertaken were not fulfilled, leaving gaps in the compliance processes. Thus the BWOF could not be issued by deadline or due dates.

Subsequently, it has been our experience that Logic FM has been interpreting code compliance components beyond that required by the law and schedules to the Acts governing the specified systems. Thus we have experienced a number of “notice to fix” instructions issued which are in error.

To satisfy ourselves that the BWOF is being managed and administered as it should be, DCC Property has engaged independent experts, especially structural and fire engineers, to review the building’s specified systems and as-built safety components. These independent audits have been completed and the required reports and Letters in Lieu issued to enable the DCC Building Authority to issue the BWOF.

The BWOF owners inspections have been brought in-house and are undertaken by the property team’s asset management staff. IQP inspections continue with the specific trades as required.

Yours sincerely

Governance Support Officer
Dunedin City Council Continue reading

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DCHL/Aurora/Delta unravelling


Garrick Tremain – 15 Dec 2016

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Received from Lee Vandervis
Thu, 15 Dec 2016 7:43 a.m.

From: Graeme Jeffery
Date: Wednesday, 14 December 2016 7:41 pm
To: Aaron Hawkins; Christine Garey; Doug Hall; Marie Laufiso; Mike Lord; Jim O’Malley; Sue Bidrose; Damian Newell; Chris Staynes; Conrad Stedman; Andrew Whiley; Kate Wilson, Mayor Dave Cull
Subject: Re: Delta Milking

Dear Councillors, I was pleased to see Richard Healey was vindicated in his claims about the crisis facing Delta and Aurora. I, however, was disturbed to see the appointment of another accountant, Steve Thompson, onto the board. Part of the problem with the pole replacement program was that for some time an accountant was running it. We need engineers on the board not accountants as the problem here is health and safety and the integrity of the network not financial systems. I was not however surprised to see Thompson on the board and read he is backing Cameron. After all, the company he works for is Deloitte and it awarded Cameron ‘Young CEO of the Year’. What is hard to understand is how Thompson could claim that Cameron has done a good job in difficult circumstances when most of those circumstances were Cameron and the Boards’ own doing. Does he mean, for example, the millions he lost on subdivisions in Luggate, [Jacks Point] and Christchurch or perhaps the fact that he was the first CEO in living memory to lose money in a financial year. Maybe he meant the 20 roading redundancies, 40 in Christchurch, 15 in Alex, a further 50 in Dunedin at Civil, and another 10 in Greenspace this year. A grand total of 150 good people that Cameron sent down the road. Or were those difficult circumstances the investigations he is or has been under by the Audit Office, WorkSafe, Energy Safety, the Commerce Commission, the [Central Otago] District Council, the Queenstown [Lakes] District Council and then Deloitte. Perhaps it was the hundreds of thousands he spent on relocating offices and his failed re-branding or the fact that he and his deputy Ballard have surrounded themselves with people not competent to do the jobs they are assigned to. Or was it maybe the death and at least 5 serious injuries that have happened on his watch? Maybe it was the destruction of asset management systems and his failure to implement inspections such as link boxes, MDI boxes, air break switches and high voltage switch gear that he has knowingly overseen.
Perhaps those difficult circumstances were driving out good people such as Jarrod Stuart who was to oversee the pole replacement program but could no longer work under interfering, incompetent leadership. Or was he worried that he has now appointed a person with no knowledge of electricity networks to run the pole replacement program after realising how his previous appointment of an accountant to do this went so wrong. Maybe he was worried that his minions have been altering the input into the xivic analysis of pole structures so he could claim to have less red tag poles in the system. Or was it really just his utter failure to carry out what was needed when he did the LineTech Report in 2010 which required 1200 poles replaced per year for ten years and the worry that he may [be] and was found out ? Maybe it’s been difficult for poor Grady in the 2 months since he announced the accelerated pole replacement program that he supposedly planned in April [being that] he hasn’t replaced one extra pole. That puts him 140 behind schedule already. Nothing new there. No perhaps it was the fact that he has destroyed morale and goodwill among staff at Delta and is now considered no more than a laughing stock?
Surely the council can see why Richard Healey said it was ‘mind boggling’ that Thompson backed Cameron and his deputy Ballard. Quite frankly it doesn’t say much for the new chairman of the board when he is supporting somebody clearly not fit to run the company. How can any sane person possibly support this man and his so called executive leadership team. I know very few staff at Delta do. It is completely wrong to suggest, as some councillors have, that it doesn’t matter whether Cameron stays or goes, as he has been responsible for the day to day running of the company and his reports to the board and vice versa have clearly been misguided and deficient. Not only that, no-one at Delta can move on or start the huge task ahead, safely or efficiently with the dark clouds of Cameron and co hovering over their heads. After all, Crombie and Mr Benson-Pope said heads should role if the allegations proved correct. They have. Remember safety was the primary motive for Richard exposing what was happening at Delta and Cameron has been shown to be part of this disgrace (eg LineTech Report).

What is truly sad, is that all this was preventable, as many people have told the councils and the boards over the years this was going to happen. As I have said before this was raised to the then mayor (Sukhi Turner), the board and an MP as early as 1998 but the old boys network closed around her and us, just as they may appear to be doing now. It is time we learnt that you need engineers, some more engineers and then more engineers to run these systems and drop the accountants, and lawyers, who are neither qualified or competent to run an organisation of this type and size, when it is facing the biggest infrastructural project in Otago for next year and beyond. PS, The views of many of the councillors who represent the interest of the ratepayers and owners of the asset have been frighteningly absent through this. Have they left the country, are scared or just not interested. Cheers Graeme (Unhappy ratepayer)

——– Forwarded Message ——–
Subject: Delta Milking
Date: Sun, 4 Dec 2016 22:15:38 +1300
From: Graeme Jeffery

To: Aaron Hawkins; Christine Garey; David Benson-Pope; Doug Hall; Marie Laufiso; Mike Lord; Jim O’Malley; Sue Bidrose; Damian Newell; Chris Staynes; Conrad Stedman; Andrew Whiley; Kate Wilson, Mayor Dave Cull

Dear Councillors, I was extremely disturbed to see from the mayor, that the report from Deloitte into public and worker safety and the management of the network may not be made public. Remember this report was to look into management and not on their behalf. The safety of workers and staff is paramount and commercial sensitivity being used as an excuse to censor from public view is inexcusable. Pole replacements, switchgear, transformers, potheads, lines down etc are not let out for contract so commercial sensitivity has no bearing – I fail to see any valid reason why the entire report can’t be made public considering the level of public and worker interest. Remember, you are answerable to the public and ratepayers first and then the board and management are answerable to you, not the other way round which keeping this secret would suggest. We who work on and the owners of the network surely should have the report before us first and the board and management after that. The tail is clearly wagging the dog here. Delta has had at least 5 serious injuries and one death since Cameron took over and Delta has been complicit in at least 2 of the injuries and the death. Roger Steel left behind a widow. How many more women must weep and families like mine worry while the council worries about “commercial sensitivity”, and puts the public’s interests behind the interests of the Delta board and management.
Cameron commissioned a report by LineTech in 2010 that showed he needed to replace 12,773 poles in Dunedin alone (32,406 in total with Central) in the next 10 years to keep the network safe. He and the board have replaced way less than 3,000 in Dunedin in that time. A blind eye or incompetent. Both I’d say. Also the report said inspections, increases in cables maintenance, replacement and equipment had not been adequate, yet I can assure you these have not been stepped up at all, in fact some of these things have stopped all together. For the record, at the recent meeting of Delta staff less than 15 people out of a hundred voted to have a committee and release a joint statement to the media. There was not a No vote taken. A vote of no confidence was proposed but again no vote was taken. I hope there was no confusion that this was a unanimous or popular decision by the workers to support the joint statement. Around 85 of the hundred there didn’t endorse it. Personally I would be disgusted and lose all faith in due process and democracy if this report isn’t released in full and the true owners, the ratepayers, aren’t informed [of] what’s been happening. It may appear to Delta staff and ratepayers alike that the old boys network is closing in on the council and mayor. Remember, you the councillors are answerable first and foremost to the asset owners, the ratepayers, and not the Delta board and management.

[ends]

28.10.16 ODT: Criticism for Cull on poles approach
Whistleblower Richard Healey and Delta staff member Graeme Jeffery were yesterday highly critical of Mr Cull’s response and questioned why he had not yet condemned Delta and Aurora for their health and safety failures.

****

I-Know-Nothing Stuart McLauchlan has no Get Out Of Jail Free card

● McLauchlan was appointed to the Aurora/Delta Boards on 1 June 2007.

Aurora Energy Ltd http://www.companies.govt.nz/co/471661
Delta Utility Services Ltd http://www.companies.govt.nz/co/453486

● McLauchlan served on the Board of Dunedin City Holdings Ltd from 1 June 2007 to 31 October 2011.

Dunedin City Holdings Ltd http://www.companies.govt.nz/co/559098

● McLauchlan ended his stint as Highlanders Board chairman in October 2009. He was appointed in 2004 by NZRU.

As a mere accountant and ‘professional’ receiver of (many sets of) directors fees, Mr McLauchlan is completely out of his depth in regards to property development and subdivision practices per se, however friends and colleagues found themselves assisted towards advantageous pricing of ‘stadium land’. Mr McLauchlan is renowned for having been in the thick of Delta’s ‘lightly investigated’ loss-making Luggate and Jacks Point property speculations. Contemporaneously, Mr McLauchlan and ‘friends’ were behind Delta’s buy-in to the then illegal subdivision at Noble Yaldhurst, Christchurch. That subdivision is set to lose Dunedin ratepayers further millions while bank rolling, once again, certain male protagonists.

We’re not sorry that Mr McLauchlan must take what is coming.

stuart-mclauchlan-ngaitahutourism-co-nz-1Thu, 15 Dec 2016
Stadium hurt renewal plans – McLauchlan
A departing Aurora Energy board member says pressure to pay for Forsyth Barr Stadium meant less was spent on network maintenance. Former Aurora and Delta board member Stuart McLauchlan was reluctant to go into any detail about the findings of a Deloitte review, but was keen to highlight the problems it identified pre-dated the current board. ….He said his resignation after nine years on the boards of the two beleaguered companies had nothing to do with the review’s findings and he was disappointed the connection had been made. Cont/

****

ODT 15.12.16 (page 16)

odt-15-12-16-latters-to-editor-campbell-hubbard-moffat-p16

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

Posted by Elizabeth Kerr

This post is offered in the public interest.

*Image: ngaitahutourism.co.nz – stuart mclauchlan

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Aurora/Delta : Richard Healey on the [SOON departing] CEO

At Facebook:

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

Posted by Elizabeth Kerr

This post is offered in the public interest.

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DCHL/Aurora/Delta ‘PR fashion statements’ fb DCC rates increases

Otago Daily Times Published on Dec 11, 2016
Aurora Energy to implement review’s recommendations
A report on beleaguered Dunedin City Council-owned companies Delta and Aurora has called for a major shake-up to the way the companies are run.
[—Aurora had been guilty of placing too much emphasis on providing dividends to the council and keeping debt levels under control as opposed to investing in the network.]

Deloitte review report – Aurora Energy and Delta Utilities (PDF, 1.7 MB)
Review of Aurora Energy Limited/Delta Utility Services Limited – Network Safety Concerns.

What Shocks.

If the Otago Community has a BILLION OR SO DOLLARS WORTH of network replacements owed to it, but for the pleasure the Community must pay these sums Again —as well as having to meet the not insubstantial cost of new build facilities across the growth-focused districts of Central Otago— with the self-congratulatory psychology of the Companies and INDIVIDUALS running the Dangerous and Degraded Aurora/Delta power network, stringing along the bumbling Dunedin City Council as OVERLORD (meanwhile running its ‘static’ city)…….. exactly how does that affect DUNEDIN RATEPAYERS, do you think. [DCC steered by “SpongeBob” running the holding company; the mayor inane factotum to the GOBs.]

So yeah, if there’s no word yet (?) on how the INDIVIDUALS RESPONSIBLE for constant rates increases (exceeding New Zealand’s rate of inflation) will be cleaned out financially themselves (along with their private trusts), with jail sentences to serve…….. Then you stand to be OUTRAGED by anything these knaves are saying.

We can’t call them liars.

But think about what these immoral money stealing mongrel-individuals are costing us. You are being robbed, mercilessly, repeatedly, over and over. Public funds through your rates have gone out both front and back doors in almost limitless fashion. The male mafia have been in your pockets doing what they like —across nefarious deals and rorts for “the past 25 to 30 years”.

You have been fully violated, the power network you rely on is completely stuffed. ‘They mongrels’ are not simply incompetent.

Personally, you bear the price; your extended family and descendants pay the price. ‘They mongrels’ each buy an expensive house or three in Queenstown Lakes, they live off the spoils, in style —while you and yours, your businesses and community run desperately out of hope for better times. Clearly, the Bad are being replaced by more of the Bad with unedifying track records.
Same, same again.

Otago Daily Times Published on Dec 12, 2016
Delta whistleblower Richard Healey
Mayor Dave Cull said the whistleblower, Richard Healey, had been largely vindicated. The poles network was not as safe as it should be.

Newly-appointed chairman Steve Thompson [ex Deloitte head] said chief executive Grady Cameron would not be sacked as a result of the failings identified in the report, as he had confidence in his leadership. “I think he’s done a good job in difficult circumstances.”

### ODT Online Tue, 13 Dec 2016
Shake-up agreed for Delta, Aurora
By Vaughan Elder
Dunedin City Council-owned companies Delta and Aurora are in for a major shake-up. The planned changes come as a result of recommendations included in a review by consultant Deloitte into Delta/Aurora network safety concerns, and in particular accusations Aurora dangerously mismanaged its electricity network and left thousands of poles to rot. The shake-up would involve having separate boards and chief executives for the two companies and introduce a more proactive approach to maintaining the network. After the review, commissioned by Dunedin City Holdings Ltd, was released yesterday, Mayor Dave Cull said the changes could have a significant financial impact on the council, resulting in rates increases.

“I don’t believe it’s unsafe, but we just need to do more work on getting the infrastructure to a better level than it currently is.” –Steve Thompson

Mr Healey said he was satisfied for the most part with the report, but not with the response from Mr Cull, DCHL chairman Graham Crombie and Mr Thompson, who he said were all still trying to minimise the extent of the problem …. Mr Thompson’s claim the network was safe and his continued confidence in Mr Cameron were “mind-boggling”, Mr Healey said.
Read more

bill-english-stuff-co-nz-1Brief me, Paula.

—Without a Safe and Secure power supply for Otago, new Business Development, Tourism and Productivity are severely impacted, Prime Minister.

Who is responsible?
—Dunedin City Council, sir.

Agh, that lag Cull.
—He hasn’t mentioned climate change this time, sir.

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

Posted by Elizabeth Kerr

This post is offered in the public interest.

*Images: stuff.co.nz – Richard Healey | Bill English PM

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Deloitte report released #Delta #Aurora

Updated post
Mon, 12 Dec 2016 at 11:56 p.m.

aurora-report [supplied by DCC]

Deloitte’s Steve Thompson – appointed to the Delta and Aurora Boards in 2015 – is to head two (new) separated (“armslength”) companies.

Grady’s future is between the lines.

2016-12-13-01-10-57

Monstrous understatement from our Mayor Cull:
“The poles network was not as safe as it should be.” ….LOL

Dear god, there appear to be a few capital raising issues to curtail the service delivery promised. Further, Dunedin City Council will receive the wrath of two other councils…. Let’s not be naive about the extent of problems with the DANGEROUS NETWORK. This is not a POLES ONLY exercise. And where, oops, have we seen Steve Thompson before, Deloitte and Otago Rugby governance. South Auckland pokie bars, ORFU, anyone ?

An inquiry into thousands of failing power poles has recommended major changes to the lines companies involved. Thousands of rotting power poles are due for replacement in Otago. (RNZ)

### radionz.co.nz 38 minutes ago
Rotting power pole whistleblower vindicated
By Ian Telfer, Otago-Southland Reporter
The Dunedin City Council-commissioned inquiry was one of three started in October after a whistleblower revealed almost 3000 power poles in Dunedin and Central Otago, managed by Aurora Energy and Delta, needed urgent replacement. Councillors debated Deloitte’s report, which covered the scale of the problem and management, for more than two hours. The report recommended health and safety upgrades and for Delta and Aurora’s board and management to split. Mayor Dave Cull said the whistleblower, Richard Healey, had been largely vindicated. Mr Healey accused the management of not understanding the scale of the problem and of not seeing just how dangerous it was. Deloitte found serious systematic problems in the network.
Read more

[Audio] Inquiry into failing power poles recommends big changes  (3′01″)
RNZ Checkpoint (12 Dec 2016)

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

Posted by Elizabeth Kerr

This post is offered in the public interest.

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Deloitte report pending —Public Notice at ODT | Facebook entry

ODT 9.12.16 (page 20)

odt-9-12-16-public-notice-p20

Facebook: Richard Healey

richard-healey-facebook-9-12-16

Wed, 7 Dec 2016
ODT: Delta, Aurora report for release by Monday
A report on under-fire Dunedin City Council-owned companies Delta and Aurora is expected to be made public by Monday. Mayor Dave Cull said he hoped the report could be released before that day, following a non-public council discussion on the issue that lasted well over an hour yesterday. Dunedin City Holdings Ltd director Keith Cooper faced a grilling from councillors when he gave them a “progress report” on an investigation by consultant Deloitte into the companies. Cont/

Sat, 3 Dec 2016
ODT: Report discussion behind closed doors
Discussion of a Deloitte report on troubled council-owned companies Aurora and Delta on Tuesday will be behind closed doors, and it is uncertain when they will make it into the public arena. Mayor Dave Cull said the report was not finished yet, despite predictions of an early December completion date. It will be discussed by the Dunedin City Council on Tuesday in a non-public session. Mr Cull said the Dunedin City Holdings Ltd board got a progress report on the investigation yesterday. The board would pass on that report at the council meeting on Tuesday. The agenda for the meeting noted discussion of the report would be in a non-public section of the meeting as “the withholding of the information is necessary to protect information where the making available of the information would be likely unreasonably  to prejudice the commercial position of the person who supplied or who is the subject of the information”. As well, the withholding of the information was necessary to enable the council to “carry out, without prejudice or disadvantage, commercial activities”. Cont/

Posted by Elizabeth Kerr

This post is offered in the public interest.

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