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
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.
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)
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.
● 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.
Thu, 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)
█ 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.
█ 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.
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.]
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
Brief 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
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.
—
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
█ For more, enter the terms *delta*, *aurora*, *luggate*, *jacks point*, *dchl*, *auditor-general*, *noble*, *yaldhurst* or *epic fraud* in the search box at right.
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/
### ODT Online Wed, 7 Dec 2016 Delta, Aurora report for release by Monday
By David Loughrey
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. Read more
Received from Richard Healey
Friday, 2 December 2016 11:36 p.m.
—
Lies, damned lies and Delta
Today a media statement, produced by Delta senior management, representative staff and the E tū union representative, was released. It is important to stress at this point that I’ve been told that the vote to release was supported by a minority of the Delta workers present. I’m told that 15 hands went up in favour out of the hundred people present.
The decision to release was made by the E tū union organiser present. Are your alarm bells ringing yet? Mine are.
Here’s the bit most people will miss:
Delta senior management, representative staff and the E tū union representative have agreed a joint statement that reflects the belief of all concerned,
You will notice that it does not say that the meeting authorised the release – yet it claims that it reflects the belief of “all concerned”. I’ve had plenty of phone calls from “all concerned” and they have stated categorically that it does not reflect their beliefs, read on…..
Here’s the release:
2 December 2016
Media Release
Joint statement following meeting of Delta management, staff and E tū union
Yesterday, meetings were held with representatives of staff, senior management of Delta, and E tū, the union. Similar discussions are planned involving Central Otago-based staff.
Discussions were held concerning the condition of the Aurora Energy electricity network and how risks are being managed for staff, contractors and the public. All parties are in agreement that it is in everyone’s interests that we work together productively as Delta carries out a significant uplift in capital and maintenance work across the Aurora Energy networks in Dunedin and Central Otago.
Delta senior management, representative staff and the E tū union representative have agreed a joint statement that reflects the belief of all concerned, they commented:
“Firstly, that the Aurora Energy network needs significant asset renewal work and that the age and condition of existing assets presents a higher level of risk than would be preferred.
RJH: That statement sounds suspiciously like an admission that there is a REAL PROBLEM – not merely a problem of perception, as Grady Cameron has consistently maintained. Let us hear that admission from Grady himself, not from a union organiser masquerading as a PR consultant doing the softened story routine. Come on Grady…we are all waiting….
None of us can now change past decisions made over decades about maintenance and investment in the network.
RJH: Man up Grady. My view is simple, it is not credible for you to say that “None of us can now change past decisions made over decades” when you are the person who, for almost all of the last decade, has been key in making those frankly appalling decisions. I’m sure that it would be great for you to be able to brush your past actions under the carpet. Wake up mate, it’s not happening.
We can change the way we manage assets and have already started doing that, however it will take time to address all the issues. Staff and management are committed to working closely together to complete the upgrades with a high level of safety caution and with public safety foremost in our minds.
RJH: Really? You’ve started doing that? Let’s review how that program is going. Your program director just quit, your General Manager asset management just quit, I see an ad today for a new manager of strategic planning, hmmm…. Poles replaced by the “accelerated” program to date? Zero, zip, nada – and counting.
“Secondly, that the health and safety of Delta staff and the public who live around the Aurora network is the primary responsibility of the company, DCHL and the DCC who ultimately own the network.”
RJH: Ah ha, the people who received a detailed report on this problem in 2010, a report that listed harm to staff and the public as potential outcomes of doing nothing, yeah, I feel [there] is a credibility problem here, how about you??
“Thirdly, we would like the public to know that Delta workers are doing their best to continue security of electricity supply and public safety. There may be more periods of planned power outages as we undertake the network upgrades and ask the public to work patiently with us.
RJH: finally, something we can agree on.
“Fourthly, that members of Delta’s technical staff who have hands-on knowledge of reported faults and risks will be engaged in how the company describes events publicly to the extent that is reasonably possible given media constraints and in the knowledge that detailed investigations often take time.”
RJH: Wow, that’s a hard hitter, we will talk to staff, but you know how it is with media deadlines. And those reports can take sooooo looooong to write. I wouldn’t be surprised if everyone has forgotten about the problem by the time we get around to reporting on it… in an email… to ourselves.
“Finally, Aurora Energy, and Delta staff, have agreed to work closely together on an enhanced public safety advertising campaign which will start in the near future. This will be about further informing the community about safety around electrical installations, particular hazards that we are working to resolve and general education about safety around the network.”
● Matt Ballard, General Manager Capability and Risk, Delta, 027 703 7044.
Here’s my view.
The majority who did NOT vote to release this statement have not been heard. Their voices are apparently worth nothing. Their voices are, in real terms, valued by Delta as much as their lives. And I think that is not a whole lot.
I believe that the management whom the minority of their colleagues are prepared to ‘work with’ have, for years, knowingly sent these guys to work on an unsafe network with no intent to make it safe…in fact their inaction made it less safe, day by day, year by year.
They have instructed these workers to not apply do not climb tags.
They have manipulated data, the Xivic debacle, on unsafe structures with the effect that the true number of unsafe structures was hidden.
They have failed to investigate asset failures appropriately and often not at all.
They have consistently denied their own workforce access to the information it needs to make decisions which truly are the difference between life and death, for workers and the unwitting public alike.
These same managers were simultaneously accepting awards for exceptional management performance!
Roger Steel must be spinning in his grave.
Shame on you all.
Finally, a word from Delta’s glorious leader at, believe it or not, zeroharm.org.nz on October 19th this year!!
After a month of silence, the operational staff at Delta have finally spoken out. Despite massive pressure to remain silent they have come clean on their concerns. More than a hundred staff, more than half non-union, gathered yesterday over their safety concerns. The union asked their members to vote – unanimous support for the motion. The non-union staff asked that their vote be taken – unanimous support for the motion.
Here are some verbatim clips from a message that they sent to Grady, the board, the council and the rest of Dunedin:
“much of the network is now in a run-down state”…..
“it is time Aurora and Delta management admitted there are safety issues on the network”…..
“Delta needs to ensure, through talking to the workers involved, that information they release to the media about faulty equipment and safety issues is accurate and factual, something which has been sadly lacking so far”…..
“They need to…… surround themselves with the best people to plan and prepare for the massive task ahead.”…..
“To continually blame the problems and safety issues on an aging network when we all know the problems have arisen through lack of maintenance, lack of planning….. is quite frankly farcical.”
“the council needs to begin an inquiry, as to why the company structure it set up, and the management of those structures has led to such a prolonged period of poor maintenance and a lack of capital investment.”…..
“our greatest concern is safety for the public, followed by their security of supply we believe the continual denial of these problems is preventing progress for resolving the issues and not working in the best interest of the public and workers alike.”
Grady’s response is: “We have regular communications with our staff, but we can always do better and one of the things we will be discussing is how we can better meet their needs for better information.”
That’s why you’re the boss Grady! I would have read that letter as a damning indictment on your leadership and a stinging criticism of what appears to me to be an unconscionable attempt to cover up the failings of the network you operate at the expense of your workers’ safety and safety of the public. You on the other hand see it as a polite call for more information.
Get Gyroscope Johnson to turn down the speed on the Delta spin machine, I think that you’re all getting really giddy.
Apparently you’re meeting with a group to discuss this today. Will Derek Todd, the now ex General Manager of Asset Management be going? I understand from your email late last night that his resignation is with “immediate effect”.
O when the Saints go marching in
When the Saints go marching in
O Lord, I want to be in that number
When the Saints go marching in
There is by now a TEAM of whistleblowers plugged in at Delta, with Richard Healey determinedly positioned as external generator.
How DIABOLICAL At Work does it have to get before unionised and non unionised staff band together to thump their Boss IN WRITING. But the story does not end there.
More insights arriving daily…. on how Grady Cameron Is Not Coping as Chief Executive.
This, as Public Knowledge turns to Public Quandary :
WHY IS Mr Cameron still ma-LINGERING at the sinking helm.
Then too pull out your black armbands in memory of the company directors whether honest and law abiding or in the Vastly Bleak alternative. Examine, if you will, the nasal hairs of DCHL’s SpongeBob Crombie, wiping the floor as *** controller of all things DCC, temporarily.
spongebob’s hiccup [giphy.com]
—
T H E ● N E W S
The Otago Daily Times has worked strenuously to raise critical public awareness of Delta/Aurora’s dangerous and degraded power network:
Received from Christchurch Driver [CD]
Wed, 30 Nov 2016 at 10:21 a.m.
>> Like most of Dunedin, in the last fortnight your correspondent has been looking with equal parts of fascination and horror at the torrent of deferred maintenance disasters and associated dissembling from Delta that Vaughan Elder of the Otago Daily Times has wrought upon Aurora. Mr Elder is detonating “aged hand grenade” potheads on an almost daily basis. Delta is surely beginning its death dance.
If readers think that “death dance” is too strong a term and your correspondent is a pothead of a different type, bear in mind the killer statistic revealed when last week Mr Elder publicised the results of Delta’s staff survey : 34% of staff thought that management was “honest” which, put another way, meant that two thirds of the staff considered the management dishonest. Given the preponderance of managers at Delta, this means even some of the managers considered themselves dishonest ! When the managers of an organisation are confident that the management is dishonest, then it is definitely time to do something about it…. However, we can be sure that Deloitte are not going to do anything about it by reporting to DCC what is obvious to all readers of the ODT and What if? : That the Delta and Aurora directors are either corrupt or incompetent to the point of criminal liability under Health and Safety legislation. (Only the first in a long list of fundamental director defects). Mr Crombie can spout excuses all he wants about Deloitte’s alleged “forensic expertise”, the issue is not about forensic expertise but independence and integrity.
Your correspondent has found that accountants’ ethical considerations and field of interest stops precisely at the door of whoever is paying their bill.
Lawyers have a more muscular process and even many lawyers who operate at, shall we say, the barely acceptable margins of their profession have a healthy regard for the disciplinary processes for unethical behaviour. Added to that, there are a number of lawyers available who view taking other lawyers to task as a form of sport. Yes before you ask, your correspondent has seen this in action, and there are regularly reported cases of lawyers being punished by the Law Society.
What your correspondent has not seen, is one accountant taking action against another, or any recent examples of accountants being censured by their professional body. Accountants policing their own ? That won’t work – the cost/benefit is all out of whack. But what we have here is not just one accountant looking the other way. It is the quadruple accountant play for maximum obfuscation and back scratching. One accountant, Mr Crombie (The Godfather) has carefully selected another of the brotherhood, a young go-getter, Kyle Cameron, wanting to make his mark in the Dunedin network (Tartan Mafia if you will). The Godfather carefully explains the rules of the game. The young go-getter knows there may be some short term consequences to him but understands that he will become a corporate career corpse if the rules aren’t followed. The go-getter will question the ‘change manager’ at the bottom of the play, Matt Ballard (Capability and Risk), a former Deloitte brother and member of the tartan clan. The young go-getter will hear no evil, see no evil, and most importantly, find no evidence of deliberate underfunding of the network from 2007 to 2016. That now protects the ‘older’ accountant, the sulphurous Stuart McLauchlan. The go-getter, will report that all is under control, the issues are not new and have been known for a long time. It was just a dreadful and unfortunate coincidence that whistleblower Richard Healey resigned and “some unfortunate publicity” meant it was timely to reveal Grady Cameron’s secret plan to spend $30M on replacing poles. ‘Grady’ will be gently chided for keeping this plan so secret that no one else knew about it and it wasn’t actually in the Long Term Plan, but you know, can’t make an egg without breaking an omelette. To diffuse that particular wet bus ticket, ‘Grady’ will also be commended for his vision and determination to create a safe network out of an aged one. Nothing less should be expected of a Deloitte Young Energy Executive of the Year. (Shameless plug for Deloitte also included).
The villain of the piece will be that Bad Man, John Walsh. He neglected to properly fund the network from the 1990s until his departure in 2009. It is, most definitely, All His Fault.
It hardly needs to be said that what is needed here is not Kyle Cameron, but a lawyer or former judge, someone with some real forensic cross examination talent, who levers the facts from liars and dissemblers every day. Someone with no ties to the incestuous and stifling Dunedin mafia.
However, Mr Crombie is correct that Deloitte does have “forensic” experience – from a besieged client perspective – and that experience is very useful in subtle engineering of the terms of reference, not asking relevant or difficult questions and indulging in Key-style vagueness. Deloitte specialise in appearing to provide a report that involves some gentle chiding, and wet bus tickets, but protects the client from further scrutiny.
In the event Kyle Cameron is the mouse that roared, and actually produces a factual report detailing the disgusting complicity of the directors who created a major public safety hazard by deferring essential maintenance to allow unsustainable dividends to Council, it will be amended by his superiors at Deloitte who have a very simple choice. Do Deloitte want to continue to receive lucrative work from Council, or do they provide a truthful report ? Mayor Cull will do almost anything to avoid ratepayers knowing that they are facing imminent and large de facto rates increases in the form of exponential lines charge increases ….because, huge amounts of Aurora line charges have been squandered on bloated and self-interested management, failed property deals and of course, paying for the stadium, over many years, and for many years to come.
The Crombie and Cull playbook 1 is to get malleable and weak individuals to say what you tell them to, hacking and modifying the facts to suit. Ratepayer funds at risk ? – a trifle as light as air ! What is important is that Mayor Cull and his council’s dividend drug habit is not exposed.
>> All right, readers, stop thinking that someone put genetically modified aggression supplements in the Bells ! Proof of these bald statements you say? Very well, here is the proof…. Until very recently a firm of property management consultants completed Building Warrant of Fitness inspections for the City. Now the firm had a sudden change of ownership recently, which may or may not have had something to do with the “non-voluntary” (careful words needed here readers) ! departure of an individual from the City, not unrelated to someone at the firm, at around the same time.
It appears that the firm may have lacked the necessary, ahem, independence or distance to enable them to provide, shall we say, a more accurate picture of the Building Act compliance status of ratepayer-owned facilities, including the Dunedin Town Hall and Wall Street Mall. When the new owners of the business produced their Warrant of Fitness report this year on those facilities, there was a list – a very long list – of 360 fire rating defects in Wall Street alone. These fire rating defects and other faults dated back to when the buildings were constructed in 2008 and 2011.
(By way of confirmation, If ratepayers care to check the publicly displayed Building Warrant of Fitness at Wall Street they will find there is no certificate, and we understand there are recently lodged official information requests to get to the bottom of this matter).
The establishment, allegedly very unhappy with this burst of unpleasant fire rating revelations from the new and improved firm, may have said words to the effect of “We have 50 buildings that need inspections ! Do you understand what we mean?” …. “We want you to issue the WoF on the basis that we will get around to do some of the work when we feel like it, when we are good and ready and not before !” (We could call this the Aurora option….). The response from the new firm was basically, “We have standards and professional obligations, and we can’t certify something on that basis as you have a record of ignoring previous identified serious faults.” We understand the establishment was then invited by the new firm to employ a specialist Fire Engineer to review the list and the new firm’s report.
So what did the establishment do ? Did it immediately start work on fixing the problem ? Of course not, it sacked the new firm from all work for having the cheek to put in writing things that were deemed “inconvenient”.
Kyle Cameron, what will it be ?
Truth or Consequences?
The Money or the Bag ? (To dispose of the Delta’s directorial corpses).
Dunedin is watching and waiting.
[ends]
—
Posted by Elizabeth Kerr
This post is published in the public interest.
*Image: pinterest.com – ‘It’s in the Bag’ with Teneke Stephenson (formerly Bouchier) and Selwyn Toogood, tweaked by whatifdunedin [Kyle via Deloitte]
Grady Grady Grady, tell us you can do something right, something straight, anything!? For an award-winning (Deloitte!) bright young executive you’re living a Very Slow Death.
Save your health, man, and OURS, by writing that letter of resignation with immediate effect. We’ll feel better if you don’t carry on. Please KNOW that we have to pay the full extremes of YOUR Total Cost To Us and the companies …. “thinkdelta” -of Us- while you’ve got your feet up at home.
Penury. Jail. Is worse.
—
Aurora Energy has been warned by the competition watchdog over using its market dominance to force farmers to use its sister company, Delta, as a contractor.
If Aurora was found guilty of breaching the Act, it could be fined more than $10million or three times the commercial gain resulting from the breach.
### ODT Online Mon, 28 Nov 2016 Aurora in firing line over policy
By Vaughan Elder
….The Commerce Commission warned the under-fire company its policy, which forces farmers in the Cromwell and Clyde area to give work to Delta when installing irrigation which had to be connected to its network, could be in breach of the Commerce Act 1986. The commission decided not to take further action, saying the cost of proceedings could be “disproportionate to the harm”, but told Aurora to be more careful in future. “While the commission does not intend to take any further action against Aurora, you should be aware that we had real concerns about Aurora’s conduct; and our decision to issue this compliance advice letter does not prevent any other person or entity from taking a private action through the courts.” Read more
—
Received from nick
2016/11/17 at 5:49 pm
How does the DCC stand with its Aurora company charging Central Otago orchardists prohibitive lines charges for seasonal irrigation pump connections? It’s been this way for years.
Orchardists so close to renewable hydro energy from Roxburgh and Clyde dams are burning imported fossil fuels to power their pumps because it’s cheaper.
It is absolutely absurd to see the big fuel delivery truck and trailer units filling up the orchard diesel tanks each month.
Any comments from the Council’s ethical investments committee?
Received from nick
2016/10/21 at 7:00 am
Another chapter in this company’s dysfunctional management and governance story.
If it was not continually propped up by the guaranteed and lucrative income stream of Lines Charges, it would have disappeared years ago.
As an aside, Aurora decided in 2013 to exclude private electrical contractors from connecting new irrigation pumps to its Central Otago network – simply because it was not getting any of this work (unable to compete with private enterprise).
The Commerce Commission began an investigation into Aurora’s breach of the Commerce Act over this matter, but Aurora retracted from this policy in April 2016 before the ComCom had completed its determination. They remain on notice, with a warning over this matter.
Mr Cull to Cr Vandervis: “You, sir, are a liar. Now leave.” [screenshot]
—
Texts received from Lee Vandervis
Tue, 15 Dec 2015 at 7:48 a.m.
█ Message: Feel free to publicly contrast what I said to ODT reporter Chris Morris with what he said I said on today’s front page.
Lee, just checking – you planning on take big any action over the mayors comments today? Chris @ ODT
Not planning any action over Mayoral comments today because action over Mayor Cull previously defaming me as shonky’ finally got an unreserved apology from him but cost a lot of time and ratepayers money as did the farcical Code of Conduct sideshow. Shame that after all the evidence that I have provided especially what has been confirmed regarding my 2011 Citifleet allegations, that our new Procurement Policy still has not resulted in an independent Procurement manager position to oversee all individual managers’ contracting behaviour . Unfortunately my email programme died last Thursday and is still inoperative. Cheers Lee
—
REAL TIME
Otago Daily Times Published on Dec 14, 2015
Councillor Lee Vandervis asked to leave a DCC meeting
—
Exchange erupts on discussion of DCC’s new procurement policy and ‘historical’ kickbacks.
### ODT Online Tue, 15 Dec 2015 Cull, Vandervis cross swords at council meeting (+ video)
By Chris Morris
A furious bust-up saw Dunedin Mayor Dave Cull call Cr Lee Vandervis a liar and order him to leave yesterday’s Dunedin City Council meeting. The extraordinary scene saw both men on their feet, their voices raised as they roared over the top of each other, before Cr Vandervis packed up in silence and left with a parting shot. Read more
O me miserum, O Christmas Tree, WHYYYYY (Santa will look after us, won’t he)
THERE IS NO BULLYING, NOPE
—
The survey showed staff were particularly unhappy about the council’s executive team of five directors and Mr Bodeker.
### ODT Online Mon, 14 Dec 2015 Unhappy at ORC, staff say
By Vaughan Elder
Otago Regional Council’s chief executive has denied there is a “culture of fear” in the organisation after top management were singled out for criticism in a staff survey. Peter Bodeker, who was appointed chief executive in 2012, made the comments after the “2015 Employee Survey”, which was answered by 123 staff (95%), was leaked to the Otago Daily Times. Read more
—
Proposal in response to failed attempts at super councils in the North Island.
### ODT Online Fri, 11 Dec 2015 Councils may share services
By David Loughrey
A proposal to amalgamate some services of the six Otago councils is not a move to a super council, mayors say. […] Under the proposed system, local representation would stay as it is, but areas from payroll to IT, legal services, water, wastewater and roading services could be shared.
—
Steady stream of resignations and redundancies taking its toll.
### ODT Online Thu, 3 Dec 2015 ‘Culture of fear’ at DCC
By Chris Morris
Morale within the Dunedin City Council is taking a hammering as criticism and upheaval fuel a “culture of fear”, staff say. The concerns come from past and present staff, who have told the Otago Daily Times about the impact of constant restructuring, stretched budgets and redundancies. Read more
Following Tony Avery’s departure, a “Ruthless” ‘direct, no-nonsense approach to changeover issues’. Sue Bidrose ‘appeared to lack leadership experience, which she said was “possibly” true’.
### ODT Online Thu, 3 Dec 2015 ‘Culture of fear’ at DCC
By Chris Morris
Morale within the Dunedin City Council is taking a hammering as criticism and upheaval fuel a “culture of fear”, staff say. The concerns come from past and present staff, who have told the Otago Daily Times about the impact of constant restructuring, stretched budgets and redundancies. Read more
So. Staff are at the mercy of the D’urbavilles. There’s a new CEO waiting in the wings if anybody wants to sign out.
From: Lee Vandervis Sent: Friday, 24 April 2015 9:02 p.m. To: Chris Morris [ODT], Nicholas George S Smith [ODT] Cc: Elizabeth Kerr Subject: Follow-up questions
Dear Mr Morris,
There are serious DCC issues underpinning the Code of Conduct process.
DCC Bureaucracy has run many months of self-investigations costing quarter of a million dollars, which this Councillor has not been allowed to see the results of.
Unbelievable claims that the acknowledged $1.6++ million worth of fraud was all perpetrated by one man only, now dead.
Months of Police investigation leading nowhere, with no prosecutions because they only looked at missing vehicles and anticipated that all receivers had to say was they thought the dead man had authority to sell in the way he did. And they all did. This despite many assurances from CEO Bidrose to me from the beginning that there would be a full and wide investigation.
My requests to the Serious Fraud Office [including discussion of 3 year plus investigation of Landfill frauds by local Police] to do the job local Police are seem not to be up to. CEO Bidrose claims SFO had been asked to investigate but SFO have no knowledge of this when I ask them to investigate.
Police investigation only claimed to be widened by Police management after my exposing of their very narrow investigation. Still no prosecutions, or Police interest to date in my offered evidence of Citifleet maintenance contract fraud, credit card fraud etc.
Mayor Cull and CEO Bidrose saying that no public comment allowed while investigations ongoing, but commenting themselves that it was all down to just one man and that the public can have confidence in the living remainder of the DCC organisation.
Mayor Cull accepting non-confirming [devoid of any evidence] Conduct complaints against me.
Crs. Thomson and Staynes add tampered evidence to one of their complaints but not the other – both immediately accepted again by Mayor Cull.
Mayor Cull falsely claims it is within his authority to choose the membership of the Code of Conduct committee against me. Is defeated.
Mayor Cull chooses again, this time with majority Councillor rubber stamp.
CEO Bidrose fails to ensure proper meeting and Code of Conduct processes over many weeks, fails to read my related email, finally culminating in hallway loudness. My full apology should have been printed and still should.
Audit and Risk committee fails to address major DCC problem of contract fraud, identifying 17 types of fraud but not including contract or tender fraud which I have been complaining of repeatedly.
Audit and Risk chair refuses ultra vires to allow any discussion or debate on 40 page pivotal financial report confirmed agenda item which I had previously indicated in the meeting I wanted to speak to.
Cr. Calvert also wished to speak to it but the Chair abused her authority and shut it down. This along with a history of other A&R suppression was the cause of this loudness and my final exit from this committee.
These are all real issues with stories you should be interested in Mr Morris, but instead you bypass the reasons “Whatever the reasons for your frustration…” miss the important issues and ask 5 inane questions about my behaviour.
These are the actions of a gossip columnist, not a reporter.
Cr. Vandervis
{Draft text deleted at Cr Vandervis’s request. -Eds}
On 24/04/15 4:11 PM, “Chris Morris” wrote:
Lee,
I’m following up on this morning’s story. I tried to include as much as I could of your comments, where they addressed the issues being raised in the conduct committee’s report, but I’d still far rather talk through it all point by point, in detail.
Failing that, can you respond to these specific questions about where to from here:
1. Whatever the reasons for your frustration, do you now accept that your behaviour (as reported by witnesses in the report) was bullying, aggressive and intimidating and included swearing (which you initially denied)?
2. If you do, what changes (if any) will you make to modify your behaviour, other than the previously mentioned plan to raise concerns with council staff only by email?
3. What is your reaction to the comments by Richard Thomson, who said your approach was counter-productive and your talents wasted?
4. What is your reaction to the comments by Cr Thomson and others suggesting a genuine apology might be the best way forward? Will you consider this, or do you plan to offer one at Tuesday’s meeting or at any other time, or do you maintain that you have already offered one?
5. Do you think your behaviour (as described in 1) is in any way appropriate for an elected public representative? If not, and given the limited sanctions available to the council, will you be considering your position, including whether or not you should resign?
From: Sandy Graham Sent: Friday, 24 April 2015 4:16 p.m. To: Lee Vandervis Cc: Sue Bidrose, Elizabeth Kerr Subject: RE: Overestimation of Dr. Bidrose’s time as most senior Citifleet Manager
Dear Lee
Please find attached the information you have requested about the responsibilities of Dr Bidrose.
It took a few days to collate as I wanted to ensure accuracy.
The information will also be forwarded to all Councillors for their information.
From: Sandy Graham Sent: Friday, 17 April 2015 8:45 p.m. To: Lee Vandervis Cc: Sandy Graham; Sue Bidrose; Elizabeth Kerr Subject: Re: Overestimation of Dr. Bidrose’s time as most senior Citifleet Manager
Dear Lee
I will get this information on my return to work on Monday.
Regards
Sandy
Group Manager Corporate Services
Dunedin City Council
————
On 17/04/2015, at 4:12 pm, Lee Vandervis wrote:
Dear Sandy and Sue,
Thank you for correcting my overestimation of the time Sue was senior manager of Citifleet prior to becoming DCC CEO.
I sincerely apologise for my inaccuracy.
To avoid future inaccuracy on my part, can you please clarify which departments Sue was in a managerial position over and for what periods in the years Sue was at the DCC prior to be coming our CEO.
Kind regards,
Lee
The overestimation was made in Cr Vandervis’s open letter found at the highlighted link below (15.4.15). -Eds
█ For more, enter the terms *vandervis*, *cull*, *bidrose*, *citifleet* or *deloitte* in the search box at right.
Received from Lee Vandervis
Thu, 23 Apr 2015 at 6:22 p.m.
█ Message: Your readers may be interested in this email exchange below.
—— Forwarded Message From: Lee Vandervis Date: Thu, 23 Apr 2015 15:58:40 +1300 To: Sandy Graham Cc: Stuart Anderson [University of Otago], Andrew Noone, Andrew Whiley, Chris Staynes, Doug Hall, Hilary Calvert, John Bezett, Jinty MacTavish, Kate Wilson, Mayor Cull, Mike Lord, Neville Peat, Richard Thomson, David Benson-Pope, Aaron Hawkins, Sue Bidrose Conversation: Code of Conduct public announcement Subject: Re: Code of Conduct public announcement
This does not answer my governance question Ms Graham, as to why I was not advised that this was coming out.
There has been nothing standard about any of this Code of Conduct process.
Cr. Lee Vandervis
————
On 23/04/15 11:48 AM, “Sandy Graham” wrote:
Dear Councillor
The report formed part of the public agenda that was delivered to all Councillors last night in advance of Tuesday’s meeting.
The media receive a copy of the agenda at the same time as per our standard process.
Regards
Sandy
————
On 23/04/2015, at 10:34 am, Lee Vandervis wrote:
Code of Conduct public announcement
Dear [as in expensive] all,
I have been rung by media this morning wanting my comment on the outcome of the Code of Conduct claims against me.
Nobody has had the decency to inform me of what these outcomes might have been, despite the exceptionally long time the production of these outcomes has taken.
Can anyone advise me why the media seem to have this information well in advance of me, or is it just standard process for a show ‘trial’, in which I have not even been allowed to see 2/3 of the ‘evidence’.
Cr. Lee Vandervis
—— End of Forwarded Message
Received from Lee Vandervis
Thu, 23 Apr 2015 at 7:12 p.m.
Re: Code of Conduct decision
I have sent my response to today’s Code of Conduct decision just sprung on me to you since I can not rely on ODT reporter Chris Morris to accurately present it.
Fortunately most interested parties read your blog anyway.
I am innocent of the Code of Conduct claim that I have misled the non-pubic Audit and Risk committee regarding the Citifleet fraud investigations.
The guilt lies with those DCC staff and some elected representatives who for years failed to act on my Citifleet fraud and other whistle-blowing allegations despite the DCC records evidence available to them. Some of this evidence has recently emerged in the Deloitte reports which I continue to seek.
If my allegations and evidence had been appropriately acted on, many matters of grave concern would have been dealt with when the record shows I raised them as early as 2011.
DCC staff refusal even now to let me see the full main unredacted Deloitte Citifleet Fraud report, or the Deloitte staff report, or the digitised relevant DCC records evidence, further increases my suspicion of a cover-up.
Questions regarding the role of new DCC CEO Bidrose as senior manager of Citifleet prior to becoming CEO, and of what she knew of my allegations in the years prior are some of the many questions yet to be answered.
What has been shown is that the Police investigation was certainly very narrowed up until my complaint of this narrowing to CEO Bidrose and the Police investigating officer, some six months after the Citifleet manager’s sudden death. Subsequent claims by Area Commander Jason Guthrie that the investigation has been widened have not been supported by Police following up on the evidence I tried to interest them in: the Citifleet maintenance contract fraud, DCC credit card use fraud, etc. or by any convictions, or other widened investigation action that has been visible to me.
The two loudness claims, evidence of which I have not been allowed to see and therefore defend, both come back to the shutting down of the wider DCC contract fraud debate, and the resulting multiple abuses of Code of Conduct process to try and shut me down.
The four prescribed penalties suggested in the Code of Conduct report are:
1 -Censure
– the Mayor has already done this on pubic and non-public occasions.
2 -Request Apology
– I already apologised for loudness at the time
3 -Suspension of voting right only in Committees, not Council
– abuse of my representative function, but a wet bus ticket given my continuing right to debate
4 -Dismissal from positions of Deputy Mayor, Chairperson or deputy chairperson of a committee
– Mayor Cull already did this at the beginning of the triennium.
The Mayor’s recommended members of the Code of Conduct Committee have run an expensive Kangaroo Court with only my loss of two months committee voting rights to be recommended. It will be interesting to see if enough Councillors will vote for that.
It will also be interesting to see what the voting public think – do they want wide investigation and full disclosure or do they just prefer good news stories from the DCC.
Kind regards,
Cr. Vandervis
Received from Lee Vandervis
Thu, 23 Apr 2015 at 7:17 p.m.
—— Forwarded Message From: Lee Vandervis Date: Thu, 23 Apr 2015 19:15:55 +1300 To: Chris Morris [ODT], Nicholas George S Smith [ODT] Conversation: Code of conduct report Subject: Re: Code of conduct report
Chris,
I have sent my response to the What If site, as I can not rely on you to accurately present it.
I was out last night, and the first I heard of the Code of Conduct decision today was radio media wanting comment.
Cheers,
Lee
————
On 23/04/15 3:34 PM, “Chris Morris” [ODT] wrote:
Lee,
I’ve sent you a text with a very basic outline of the key findings. Happy to hear from you at any time today or tonight for a detailed response once you’ve read the report in full. I understand it was hand-delivered to your house last night.
Updated post Fri, 17 Apr 2015 at 6:45 p.m.
Correspondence from Lee Vandervis in reply to Sandy Graham and Sue Bidrose; and forwarded note to Code of Conduct Committee – entered below last update to post.
Updated post Fri, 17 Apr 2015 at 1:46 p.m.
Correction received by email from Sandy Graham, DCC General Manager Corporate Services entered below Open Letter.
—
Received Wed, 15 Apr 2015 at 11:24 a.m.
█ Message: I have forwarded this Open Letter to the DCC Code of Conduct Committee in an attempt to debunk the many misleading claims around the DCC Citifleet fraud investigations.
I am happy to provide supporting email evidence for anything stated below that your readers may find questionable.
Cr. Vandervis
—— Forwarded Message From: Lee Vandervis Date: Sun, 12 Apr 2015 22:48:00 +1300 To: John Bezett, David Benson-Pope, Stuart Anderson Conversation: OPEN LETTER TO THE DCC CODE OF CONDUCT COMMITTEE Subject: OPEN LETTER TO THE DCC CODE OF CONDUCT COMMITTEE
OPEN LETTER TO THE DCC CODE OF CONDUCT COMMITTEE
Dear Sirs,
Three separate Code of Conduct issues have been raised against me this year following my Code of Conduct complaint against Mayor Cull which Deputy Mayor Staynes decided, without giving his reasons to me, not to refer to you.
There has been an uncomfortable mix of assertions and facts in the limited evidence that has been presented regarding the claim that I misled over Citifleet investigations, which I would like you to consider.
Provable facts include my long mostly non-public attempts to clean out dysfunctional management at the DCC since I was first elected in 2004. Partial success keeps me going.
I never expected whistle blowing to be popular, but neither did I expect such personal attacks for my trouble on behalf of our ratepayers.
Regarding the Citifleet frauds, my records show my many 2011 complaints to senior DCC management of: inappropriate DCC vehicle disposal, Citifleet manager selling vehicles to himself, credit card fraud, vehicle maintenance tender fraud, and tyre fraud are all well documented.
What is equally clear is that nothing was done to seriously investigate these complaints which all turned out to have substance until almost 3 years later when the Citifleet manager’s ‘sudden death’ resulted in new CEO Sue Bidrose ordering the DCC accountants Deloittes to investigate.
Dr. Sue Bidrose had been the most senior manager in charge of Citifleet and many other DCC departments prior to becoming CEO. It is my view that whatever evidence she might have given is not only inadmissible in terms of process because I had not been advised in advance of her evidence or her intention to give evidence, but that Dr. Bidrose is compromised because of her years as the senior manager of Citifleet prior to the Citifleet manager’s sudden death.
In the month following the Citifleet manager’s sudden death I repeatedly urged CEO Bidrose and head of Governance Sandy Graham to resist the temptation to minimize the frauds’ fallout by narrowing the investigation or by blaming it all on the dead manager. Although later admitting that the initial request for investigation related mainly to missing vehicles, CEO Bidrose gave me assurances from the beginning that Deloittes and then later Police would conduct a wide investigation. This provably did not happen with the Police, and I have no evidence other than yet another management assurance that it has or will really happen.
CEO Bidrose also gave me assurances from the beginning of the investigations that if I could provide hard evidence of DCC staff stealing even one dollar she would ensure prosecutions followed. Unfortunately the DCC records evidence which I have sought to complete hard evidence cases against both DCC staff and those involved outside the DCC has been denied me by CEO Bidrose, despite my making LGOIMA requests for it last year, namely: both the full unredacted Deloittes report, the Deloittes staff report, and the digitised evidential files which Deloittes collated for their investigation.
In that month following the Citifleet manager’s death I became very concerned when CEO Bidrose did not achieve a proper Police investigation apparently ‘because Police lacked the resources’, and that only the accounting investigation by Deloittes was to take place. I was relieved that Deloittes’ investigator Kyle Cameron seemed to have a good grasp of the many Citifleet complaints that had been made to me during his detailed interview of me, and that subsequent to the Deloitte reports Police were to investigate fully after all.
My concerns about Police having a belated investigation three months later are recorded, as are my concerns that Police requested that no public statements be made about Citifleet while their belated investigation was in progress. This despite Mayoral and CEO public statements that the Citifleet frauds were all the work of one now dead man.
I have highlighted with evidence to the SFO and CEO Bidrose the extreme slowness of a previous Dunedin Police investigation into DCC Landfill frauds that took more than three years before one individual was finally prosecuted, and I have written to the Serious Fraud Office unsuccessfully urging them to have an outsider’s independent investigation into the Citifleet frauds because local Police seem unable to do the job. CEO Bidrose claimed that the SFO had been contacted re the Citifleet frauds, but curiously the SFO’s Sara Morris said to me that no request from the DCC to investigate had been received by the SFO prior to my request for them to investigate.
My worst fears for the hoped for DCC investigation were realised when the Police investigating officer Detective Mathew Preece interviewed me at my home six months after the Citifleet manager’s tragic death, in what he described as the last week of his investigation. Detective Preece said that the scope of his investigation was only the missing vehicles and that he had already interviewed all other people he intended to interview. He said that all those he interviewed regarding missing vehicles offered the defence that they thought the deceased Citifleet manager was authorised to dispose of the vehicles in the way that he did, and that subsequently there would be no prosecutions of anybody.
I told Detective Preece that I had received many Citifleet complaints for years regarding not only vehicle disposal but fraudulent Citifleet credit card use, tyre supply, fuel supply, and fraudulent Citifleet maintenance contracts and that I had a motor trade business owner and others prepared to give evidence on these issues.
That night I wrote the following email to CEO Bidrose, Head of Governance Sandy Graham and to Detective Preece voicing my concern at the very limited scope of the investigation, and the investigating officer’s understanding that he could not investigate anything else because he did not have any wider complaint from the DCC to act on.
From: Lee Vandervis Date: Tue, 11 Nov 2014 22:57:31 +1300 To: Sue Bidrose, Sandy Graham, “PREECE, Matthew” Conversation: Police Citifleet Investigation Subject: Police Citifleet Investigation
Dear Sue,
An hour and a half spent with Detective Matthew Preece and another Policeman called Regan has left me with deep concerns regarding the Police Citifleet investigation.
Mr Preece has informed me that the scope of his investigation has been limited by the complaint the DCC has made to the Police, and that this complaint only concerns missing or inappropriately sold DCC vehicles.
Mr Preece says that because Police have not had a complaint from you or the DCC regarding;
– fraudulent Citifleet tender processes,
– fraudulent Citifleet tyre supply contracts,
– fraudulent Citifleet maintenance contracts
– fraudulent use of DCC Citifleet vehicle fuel
– fraudulent DCC accounting of Citifleet credit cards and other payment methods used and Citifleet managerial oversight
– and fraudulent use and conversion of DCC Citifleet vehicles [eg the conversion of a DCC-owned vehicle by Mrs Bachop]
and that consequently none of these fraud areas is being investigated!
Mr Preece did say that if you as CEO were to request that he broaden his investigation to include these other areas and not just the missing cars, that he would broaden his enquiry to include them. He insisted that he would have to have a broadened complaint from you as CEO for this to happen, and implied that a complaint from me as a City Councillor would not be enough to act on.
I have highlighted to Preece and Regan the urgent need to use the Citifleet manager’s tragic death to investigate and prosecute all Citifleet fraud areas, as a failure to do so will result in the loss of an unprecedented opportunity to clean out the culture of entitlement at Citifleet and in other DCC departments.
Can you please with urgency broaden the DCC complaint to include the 6 areas of potential Citifleet fraud listed above, so that Mr Reece can broaden his enquiry to include them.
Can you please also now with urgency, forward to me all instructions to Deloitte regarding the Citifleet investigation as previously requested in my email of 26/10/14 as below.
Is it possible to meet with you at any time tomorrow at your convenience to learn whether you have broadened the DCC Police complaint or not?
Kind regards,
Cr. Lee Vandervis
From: Lee Vandervis Date: Sun, 26 Oct 2014 18:23:41 +1300 To: Sue Bidrose, Sandy Graham Conversation: LGOIMA requests Subject: LGOIMA requests
Hi Sue,
Further to my verbal requests of a week or two ago please forward copies of all original correspondence and or other direction given to Deloittes in regard to their investigation of Citifleet.
I wish to have the original brief stating the terms of reference, the subsequent brief where the investigation needed to be extended, and any other direction written or otherwise given to Deloittes regarding the Citifleet investigation.
I am deeply disturbed by what I have seen in parts of the investigation conclusions appearing without covering page or any details identifying them as parts of the Deloitte findings in non-public parts of the Audit and Risk subcommittee meetings.
I note a severe slowing on responses to my recent LGOIMA requests, and hope this has been a temporary frustration.
Kind regards,
Cr. Lee Vandervis
Subsequent email from Police Area Commander Guthrie claimed as follows:
From: GUTHRIE, Jason [mailto:Jason.Guthrie@police.govt.nz] Sent: Saturday, 15 November 2014 10:48 a.m. To: Sue Bidrose Cc: COSTER, Andrew; INGLIS, Malcolm Subject: RE: Investigation Update
Hi Sue.
I can confirm that DCC staff did not (and have not) in any way attempted to restrict, curtail, or limit the scope of the Police investigation stemming from the Deloitte report either at the 1 September meeting or at any other time.
At no stage has any undue influence been exerted by DCC staff on Police as to what should be investigated and what should not be investigated.
At the 1 September meeting it was agreed that the focus of the enquiry would be limited to activity around the 152 vehicles as this was considered to be the most likely aspect to potentially lead to a criminal prosecution.
To avoid any confusion, from the outset the Dunedin City Council has been clear in it’s desire that Police investigate matters arising from the Deloitte report independently, fully, and thoroughly as Police sees fit. The DCC has also been very clear in it’s desire that if any individual(s) are identified as being involved in criminal activity linked to the matters within the Deloitte report that those people be held accountable for that criminal activity.
I hope this clarifies the situation.
If you have any further questions please do not hesitate to contact me directly.
regards Jason.
Inspector Jason Guthrie
Area Commander | Dunedin Clutha Waitaki | New Zealand Police
Dunedin Central Police Station, 25 Great King St, Private Bag 1924, Dunedin, www. police.govt.nz
Safer Communities Together
Area Commander Guthrie’s response above says that “DCC staff did not (and have not) in any way attempted to restrict…the Police investigation”, but then goes on to say that …”it was agreed that the focus of the enquiry would be limited to activity around the 152 vehicles…”!
Commander Guthrie’s subsequent claim that the Police investigation would be widened has thus far failed to result in my being contacted to provide the further evidence I have already tried to give Detective Preece regarding credit card fraud, vehicle maintenance contract fraud etc. The lack of any prosecutions after so much time adds to my concern.
This seems to me to be another example of management claiming one thing but investigating officers doing another.
I am yet to be convinced either by Police taking an interest in my offered evidence or by any Citifleet related Police prosecutions that a serious Police investigation has really been effectively widened despite stated intention to widen, even at this now very late stage. I do not dispute Police management intentions, but see them as quite different to actual Police investigating actions, which seem to me to be more interested in sidelining me as a critic of their investigation than getting to the bottom of Citifleet fraud.
Regarding the two other loudness Code of Conduct claimed complaints, I do not recognise them and I remain far from content that CEO Bidrose and Cr McTavish at least have made ‘loudness’ statements to your Code of Conduct Committee [Cr. McTavish read hers] but not provided these statements to me in advance so that I could defend them. I see these loudness complaints as politically motivated attempts to ambush me outside of proper Code of Conduct process, and I do not accept that they can have any force.
The two staff that might have had reason to complain of my loudness, namely CEO Bidrose and Sandy Graham, have made no complaint and both have independently assured me that they did not make any complaint, CEO Bidrose with a hug, and Sandy Graham with an eye-roll.
I particularly resent the swearing allegation that no Councillor has admitted to claiming, despite Mayor Cull’s publicly repeatedly saying in the ODT that my swearing had been claimed by a Councillor. I note the irony that when Code of Conduct complaining Cr. Thomson left an earlier Audit and Risk meeting in a huff using the ‘F word’, that no complaint was forthcoming from anybody.
I take this opportunity to register my complaints regarding the running of this Conduct hearing.
1 – That the loudness complaints should never have been recognised as complying by the Committee for want of evidence.
2 – That I was not permitted to record the public part of the hearing in which I spoke, but that Media were allowed to take short-hand and thus given the opportunity to misquote me with impunity.
3 – That no reason was given when asked for, for not being able to record the pubic hearing.
4 – That parts of the hearing evidence were in public, but that apparently some evidence parts were non-public.
5 – that I have been given an extract only from your draft report, on grey paper marked confidential, ensuring that I can not as a result comment on it. The claim that “This is to ensure that the principles of natural justice and due process are observed.” is absurd, given that natural justice and due process have been absent throughout.
Looking forward to having this wasteful exercise in enmity drawn to a conclusion.
Cr. Lee Vandervis
—— End of Forwarded Message
[ends]
*Email addresses, phone numbers and web links removed. The company referred to above is “Deloitte”. The councillor surname is “MacTavish”. -Eds
—
CORRECTION
From: Sandy Graham [DCC] Sent: Friday, 17 April 2015 1:31 p.m. To: Elizabeth Kerr [What if? Dunedin] Subject: Correction
Dear Elizabeth
As discussed, I wish to correct a statement made by Cr Vandervis in his “Open letter to the Conduct Committee” which is published on your website.
The statement that the CEO Sue Bidrose had “years as the senior manager of Citifleet prior to the Citifleet manager’s sudden death” is incorrect. Sue had Regulatory Services (which included Citifleet, Building Control, Environmental Health, Parking Services) added to her General Manager portfolio for less than five months in 2013, immediately prior to being appointed CEO. This is clearly not “years” and needs correcting. Cr Vandervis’ assertions that Sue’s evidence to the Conduct Committee was therefore compromised is not supported by the facts.
Regards
Sandy
Sandy Graham
Group Manager Corporate Services
Dunedin City Council
—
—— Forwarded Message From: Lee Vandervis Sent: Friday, 17 April 2015 5:01 p.m. To: John Bezett, David Benson-Pope, Stuart Anderson Subject: FW: Overestimation of Dr. Bidrose’s time as most senior Citifleet
Dear Code of Conduct Committee,
Please accept my apology for ignorantly overstating the length of time Dr Bidrose was most senior manager of Citifleet prior to becoming our CEO.
‘Years’ should read ‘5 months as the senior manager of Citifleet and then 6 months as CEO’ prior to the Citifleet manager’s sudden death.
Kind regards,
Cr Lee Vandervis
—— Forwarded Message From: Lee Vandervis Date: Fri, 17 Apr 2015 16:12:33 +1300 To: Sandy Graham, Sue Bidrose Cc: Elizabeth Kerr [What if? Dunedin]
Conversation: Overestimation of Dr. Bidrose’s time as most senior Citifleet Manager Subject: Overestimation of Dr. Bidrose’s time as most senior Citifleet Manager
Dear Sandy and Sue,
Thank you for correcting my overestimation of the time Sue was senior manager of Citifleet prior to becoming DCC CEO.
I sincerely apologise for my inaccuracy.
To avoid future inaccuracy on my part, can you please clarify which departments Sue was in a managerial position over and for what periods in the years Sue was at the DCC prior to be coming our CEO.
Kind regards,
Lee
—— End of Forwarded Message
—— End of Forwarded Message
█ For more, enter the terms *vandervis*, *cull*, *bidrose*, *citifleet* or *deloitte* in the search box at right.
The question that is increasingly being asked here is whether New Zealand engineers can be absolutely certain they have been supplied the quality of steel they ordered and whether we have systems in place to ensure standards are adhered to. The industry appears to believe the answers to both of those questions is “no”.
### stuff.co.nz Last updated 05:00 05/05/2013 Engineers flag concern over imported steel
By Rob Stock – Sunday Star-Times
The Institute of Professional Engineers (IPENZ) has secretly alerted the Ministry of Business, Innovation and Employment of concerns about the quality of imported structural steel used in New Zealand buildings. The Institute admitted concerns about the quality of “materials and equipment including steel used in various industries – construction, engineering, and machinery” were relayed to MBIE just weeks ago, after being raised at the Institute’s annual forum in March. The Institute cautioned that the information received was “anecdotal” and “raised in a private members’ area”, adding “at this stage IPENZ is unaware of the scale of the issue, or whether they were one-off instances”.
Steel importers could easily find Chinese manufacturers willing to falsify certificates to pass off cheaper steel as high quality.
Less private, though, were two papers given at the Steel Innovations Conference in Christchurch in February, just before that March meeting, papers which for the first time publicly alluded to the issue. One paper delivered by three staffers of Australian steel company OneSteel called for the construction industry to only accept steel from manufacturers accredited by independent third parties. “In Australia, there have been some significant structural failures which have been due, either wholly or in part, to the lack of conformance of the product to the standard and the identification of its source. Unfortunately legal restrictions on the reporting of these failures means they cannot be readily identified or discussed in this paper,” the paper said. In other words, the steel was not what was ordered. Some might call it counterfeit. Evidence from the UK, the paper said, “undeniably confirms that the lack of product conformity and traceability is contributing to structural failures”.
“Engineers from quite different parts of the engineering family have realised that we all have this issue to some extent.” –John Hare, Structural Engineers Society
The second paper on the damage done by the Canterbury earthquakes to the 22-storey Pacific Tower in Christchurch, which has now been fully repaired, brings things closer to home. As one engineer familiar with the paper put it, there were instances of failure in some imported structural steel in the tower which should not have happened. “Some of the parts were damaged more than what was expected,” he said. The steel in question was imported from Singapore, and was found not to perform as well at lower temparature as New Zealand or Australian-made steel. The authors of the paper called for “rigorous traceability between mill certificates and the material used in the fabrication” for structural steel used in certain circumstances. “Steels of origins other than NZ/AU may not have the required toughness… to comply with the current New Zealand steel structures standards,” it said. Read more
Comment received from Martin Legge
Sunday, 18 November 2012 5:41 p.m.
In 2007, the National Party criticised the Labour Government following a damning report by the Office of the Auditor General into DIA’s regulation of the pokie industry. The boot has been on the other foot for four years, and yet do we hear calls from anyone in the Labour Party, particularly in Dunedin?
—
Press Release [2007]
Auditor-General slams Internal Affairs over gaming says National Party MP
Internal Affairs Minister Rick Barker must act now to address the criticisms of his department over its failure to effectively control the operation of non-casino gaming machines, says National Party Internal Affairs spokeswoman Sandra Goudie.
The Controller and Auditor-General, Kevin Brady, today released his report Department of Internal Affairs: Effectiveness of controls on non-casino gaming machines.
The report shows the department’s policies and procedures do not comply with the Gambling Act 2003 and includes 17 recommendations for change.
“The department’s own ‘comprehensive licensing manual’ outlines policies and procedures that do not comply with the Act and shows licensing staff were issuing and renewing licenses without delegated authority.
“The report also found that the department’s audit checklist and manual were not consistent with the Act, and information was missing from the department’s risk profile rating of operators.
“This report shows a department clearly out of touch with its key role and clearly being ignored by the Minister.
“How could the Minister have let his department get into such a state where any old staff member can approve a licence?
“Its [sic] no wonder eyebrows have been raised over the department’s inability to get convictions of operators in breach of the Act.
“It is time Mr Barker gave his department some much needed ministerial direction.”
—
Audit Report from Kevin Brady 14 February 2007
Foreword
Department of Internal Affairs: Effectiveness of controls on non-casino gaming machines.
I felt it timely to review the effectiveness of controls on non-casino gaming machines because of the large amount of money placed in the machines (estimated by the Department of Internal Affairs at more than $8,500 million annually), the potential for the machines to cause harm in the form of problem gambling, the amount of funds from the machines going to clubs and the wider community, and a relatively new legislative framework covering gambling.
The Department of Internal Affairs administers controls on non-casino gaming machines. My review focused on three main areas of controls. These were the controls on licensing of non-casino gaming machine operators and venues, on operator and venue costs, and on the distribution and application of funds to the community including through grants.
I found that the Department of Internal Affairs has extensive policies and procedures for licensing and auditing of venues and operators, and a risk-based approach to compliance. However, there were areas of its policies, procedures, and practice that did not meet all of the requirements of the Gambling Act 2003. These included its procedure for renewing licences and for auditing. I also found that its licensing staff were issuing and renewing licences without the necessary delegated authority. The Department has committed to rectifying this issue, and had largely done so at the time this report was being finalised.
While the Department of Internal Affairs has committed to comprehensively monitoring the outcomes being achieved in the non-casino gaming machine industry, it is not yet doing this in a systematic or comprehensive manner. This limits the Department’s ability to demonstrate the results of its work and refine the way it works to achieve better outcomes.
I thank staff in the Department of Internal Affairs for their assistance, responsiveness, and co-operation during the audit. I also thank people in the industry who generously gave their time and views during the audit.
The Department has been very engaged in, and supportive of, the audit process. Its commitment to implementing the audit findings to make improvements is pleasing.
### Sunday Star-Times Sun, 11 Nov 2012 Pokie man stopped from rort inquiries
By Steve Kilgallon
A senior Internal Affairs investigator says he was prevented from probing pokie rorts by his own department because it did not have the confidence to prosecute major crimes. Dave Bermingham, an investigator and analyst who left the department in August, said Internal Affairs was incompetent and should be stripped of its role investigating gaming machine fraud. {continues}
*No weblink available. Full text reproduced at post.
Comment received from Martin Legge
Tuesday, 13 November 2012 11:37 a.m.
Tony Molloy QC had this to say about a Government Regulator after his enquiry into the collapse of the finance industry:
“The destruction of billions of dollars of ma and pa retail wealth, through finance company meltdowns was the inevitable consequences of at least three decades of unreadiness, unwillingness and inability of regulators, enforcers, courts, lawyers and accountants to fulfil their roles with integrity.”
The Commission of Enquiry into The Pike River Disaster had this to say about another Government Regulator, the Department of Labour:
“DOL’s compliance strategy did not require an assessment of Pike’s safety and operational information. The inspectors did not have a system, training or time to do so. When, at the hearings, they were shown examples of safety information obtained by the commission from Pike’s records, the inspectors were visibly dismayed. This was not a case of individual fault, but of departmental failure to resource, manage and adequately support a diminished mining inspectorate.
DOL’s main public accountability documents, the statements of intent and annual reports to Parliament, did not reveal any concern about DOL’s ability to administer the health and safety legislation. The statements of intent and the annual reports contained many high-level statements on outcomes and outputs but it was impossible to gain much insight into the performance of the mining inspectorate, or the health and safety inspectors as a whole. Measures used, such as the raw numbers of investigations carried out by the health and safety inspectorate, were not informative.
The gap between the high-level statements in those documents and the reality on the ground was remarkable.”
Maarten Quivooy was the NZ Safety Manager at the DOL over this period but left DOL to become DIA’s head of Gambling Compliance. When the Sunday Star-Times put the allegations of cover ups and closing down of investigations within the pokie industry which he now oversees he had this to say:
“They do their investigation work to the best of their ability and from their perspective it can seem like it goes into a black hole but it has had active and thorough scrutiny by senior management.”
His comments suggest that the “remarkable gap” between high level statements and reality is now opening up within DIA !!!
To comfort the public and Politicians, Quivooy is quick to claim their investigation into TTCF was reviewed by Office of the Auditor General. What he doesn’t tell the public is that in July 2009, over the same period that Bermingham and DIA investigators were conducting their investigations into TTCF, Audit NZ was conducting its own independent and statutory audit of TTCF, as a public entity. That audit also found serious issues involving expenditure but neither Audit NZ or its parent body (OAG) took action or followed up on the findings at the time. DIA and OAG only bounced into life when I appeared as a “whistleblower” in October 2010.
OAG have never given me a satisfactory explanation as to why they didn’t immediately act or follow up to protect millions of dollars of public money but their own failure to act might explain why OAG have been so willing to endorse the DIA investigation that I have labelled a whitewash and Bermingham recently describes as a cover up.
A case of two well- resourced government regulators sticking together to avoid embarrassment.
● The Trusts Charitable Foundation (TTCF Inc) ● The Trusts Community Foundation Ltd (TTCF Ltd) ● Otago Rugby Football Union (ORFU) ● Professional Rugby ● Centre of Excellence for Amateur Sport ● Harness Racing ● Department of Internal Affairs (DIA) ● Gambling Commission ● Pokies ● Rorts ● Organised Crime ● Serious Fraud ● Political Interference
*Weblink not available at stuff.co.nz
The following text in the print edition of today’s Sunday Star-Times (page A6) has been scanned, in the public interest. This post will be updated when a link appears.
—
### Sunday Star-Times Sun, 11 Nov 2012 Pokie man stopped from rort inquiries
By Steve Kilgallon
A senior Internal Affairs investigator says he was prevented from probing pokie rorts by his own department because it did not have the confidence to prosecute major crimes. Dave Bermingham, an investigator and analyst who left the department in August, said Internal Affairs was incompetent and should be stripped of its role investigating gaming machine fraud.
Bermingham’s claims will be discussed in Parliament, with the Greens’ Internal Affairs spokeswoman Denise Roche prepared to table questions about the department’s behaviour. “They had no appetite for the [gaming] industry and they don’t understand it,” said Bermingham, a former fraud squad policeman.
“There are very clever people committing frauds… and a government agency which takes little or no action and wants to treat it as regulation and compliance. When investigators identified serious breaches of the Gaming Act, they were unsupported and stifled and their investigations [were] watered down, or just, over time, vanished.”
Bermingham said pokie scams revealed in the Star-Times over the past five years were just the “tip of the iceberg: some pokie trusts have been allowed to get away with blatant theft and dishonesty”.
For two years from 2008, Bermingham compiled several investigation reports into a controversial pokie trust, The Trusts Charitable Foundation (TTCF), and recommended serious sanctions, and even criminal action, be taken.
The case was later taken off him, and either no action taken or minor penalties issued.
When the case was reopened this year following Star-Times stories, Bermingham wasn’t asked for help. Instead, he says: “A senior manager here made a statement to me that he had been told to make the thing go away.
“I suspected it was a semi-flippant comment, but as it transpires, that’s what they have done. I was the person who knew the most information about the whole thing, but they deliberately never talked to me about it.”
Former TTCF contractor Martin Legge, who first brought the TTCF story to light, said Bermingham’s revelations were “further proof that the investigation into The Trusts Community Foundation was a cover-up. Internal Affairs are being dictated to by pokie trusts and protecting their interests above those of the community.”
After he filed his “damning” reports into TTCF, Bermingham said he was flown almost daily to Wellington to discuss them. Then suddenly he was shut out. “I accept you can’t always lay charges, but there are other avenues that can be taken. But the appetite was not there to act.”
Bermingham said he became increasingly frustrated and accepted redundancy in a reshuffle.
“The department has some very clever people who know how to follow the money, and they get stopped and everyone becomes deflated and stops looking.”
He said constant lobbying by politicians in specific cases had also made DIA gun-shy. Questions asked of the department by Revenue Minister Peter Dunne around the TTCF case had helped kill it, he said. “The mere questioning seemed to cause the department to go gun-shy and shut things down. Management fear for their careers; they would rather take no action, make no decision so they are not criticised.”
Just before leaving Internal Affairs, Bermingham conducted a detailed study of where TTCF gave grants, and discovered a huge flow of money from North Island poker machines into South Island racing clubs, but was told not to progress to the next stage.
Internal Affairs boss Maarten Quivooy denied managers had been told to shut down the TTCF inquiry.
He said decisions not to prosecute were rigorously tested with Crown Law while the TTCF inquiry had been examined by the auditor-general.
But he said he understood Bermingham’s frustrations.
“If you look from the perspective of a frontline inspector, that can sometimes be their experience,” Quivooy said. “They do their investigation work to the best of their ability and, from their perspective, it can look like it has gone into a black hole. But it has had active and thorough scrutiny and consideration by senior management.
“We can do better how we communicate that to staff and how we provide feedback.”
Graeme Ramsey, chief executive of the Problem Gambling Foundation, said despite a long history of rorts, there had yet to be a prosecution of a gaming trust trustee.
● The Trusts Charitable Foundation (TTCF Inc) ● The Trusts Community Foundation Ltd (TTCF Ltd) ● Otago Rugby Football Union (ORFU) ● Professional Rugby ● Centre of Excellence for Amateur Sport ● Harness Racing ● Department of Internal Affairs (DIA) ● Gambling Commission ● Pokies ● Rorts ● Organised Crime ● Serious Fraud ● Political Interference
### ODT Online Fri, 26 Oct 2012 Trust audit labelled ‘a white wash’
By Hamish McNeilly
[Whistleblower Martin Legge] says an Internal Affairs audit is a “whitewash” after it failed to act on his material involving the Otago Rugby Football Union, South Auckland bars and a pokie trust.[…]An audit of The Trusts Community Foundation Ltd (TTCFL) was released last week under the Official Information Act. Earlier this year, the ODT reported the union had bought three Auckland-based bars and entered a relationship with the pokies trust, then called The Trusts Charitable Foundation (TTCF).
“At each change of ownership, it was looked at, and there was no evidence of illegality, and we had no reason to not approve the changes,” the [DIA] audit noted.
Mr Legge alleges that relationship – concerning the ownership of the South Auckland bars known as the “Jokers Group” – resulted in the union receiving more than $6 million in pokie grants from the trust between 2005 and 2011.
The Internal Affairs audit, which covers the period April 1, 2010, to January 31 this year, noted “the Department has undertaken a number of separate investigations into ‘Jokers Group’ and its ownership company over the years”.
ORFU general manager Richard Kinley said he could not comment because the audit concerned an earlier administration, and he had not read the released audit.
The audit also examined three Jokers Group grants given to the ORFU from the trust totalling $379,767 in approved payments. They were found to be compliant. Read more
● The Trusts Charitable Foundation (TTCF Inc) ● The Trusts Community Foundation Ltd (TTCF Ltd) ● Otago Rugby Football Union (ORFU) ● Professional Rugby ● Centre of Excellence for Amateur Sport ● Harness Racing ● Department of Internal Affairs (DIA) ● Gambling Commission ● Pokies ● Rorts ● Organised Crime ● Serious Fraud ● Political Interference
### nzherald.co.nz 5:30 AM Wednesday Oct 24, 2012
Opinion We’re relying on money poured through pokies
By Brian Rudman
The latest Pub Charity advertisement, promoting the $20,186,931 distributed to good causes over the past six months, has a certain similarity to the advertising blitzkrieg being conducted by the cigarette industry. Both try to distract us from the distinctly unpleasant underbellies of their respective industries.[…]Pub Charity chief executive Martin Cheer, in last Sunday’s advertisement[…]claimed that “charitable donations” that are “critical for causes from air rescue to opera” will be in jeopardy. He said Auckland Council was about to feed community groups and charitable organisations “a super size pile of bull about the future of charitable gaming machines in their territory” and that staff were using incorrect and misleading statistics to persuade community boards that “gaming machine funding is not that important or effective”. Mr Cheer’s comments are just a rehash of an earlier statement he issued in May, but they did draw my attention once more to where Pub Charities funds come from.
Two years ago, the former chief executive of the Community Gaming Association, Francis Wever, wrote to the Minister of Internal Affairs claiming that corrupt behaviour in his own industry was “all-pervasive and pernicious” with “endemic non-compliance”.
This year we read of how the Otago Rugby Union bought three South Auckland pubs then siphoned $5 million in pokie profits out of the areas – mainly Manurewa – to help prop up the failing Dunedin sporting body. What’s protecting the pokie industry from reform is that it props up respectable New Zealand. Read more
● Brian Rudman is a Herald columnist looking at Auckland and national issues.
Chief Ombudsman Judge Peter Boshier
![xmas - charlie_brown_christmas [westword.com] 1](https://dunedinstadium.wordpress.com/wp-content/uploads/2015/12/xmas-charlie_brown_christmas-westword-com-1.jpg)
![sue bidrose [whatifdunedin]](https://dunedinstadium.wordpress.com/wp-content/uploads/2014/02/sue-bidrose-whatifdunedin-e1449099268211.jpg)
![Sue Bidrose - timeline of managerial responsibilities 2010 - 2013 [screenshot]](https://dunedinstadium.wordpress.com/wp-content/uploads/2015/04/sue-bidrose-timeline-of-managerial-responsibilities-2010-2013-screenshot.jpg)
What if? Dunedin... 