Tag Archives: DCC GM Corporate Services

DCC: LGOIMA requests for the last month

Received from Lee Vandervis
‎Tue‎, ‎21‎ ‎Jul‎ ‎2015 ‎at 8‎:‎24‎ ‎p.m.

[screenshot — click to enlarge]

DCC LGOIMA requests from the last month as at 21.7.15

Posted by Elizabeth Kerr

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Noble property subdivision —DELTA #LGOIMA

Received from Lee Vandervis
Mon, 20 Jul 2015 at 10:06 p.m.

█ Message: I am chasing answers to many questions regarding the Noble subdivision. Two LGOIMA ‘answers’ appear below.
Cheers, Lee

—— Forwarded Message
From: Sandy Graham [DCC]
Date: Mon, 6 Jul 2015 01:58:34 +0000
To: Lee Vandervis
Cc: Sue Bidrose [DCC], Graham Crombie [DCHL], Grant McKenzie [DCC]
Subject: Nobel Subdivision

Dear Lee

I refer to your request for information related to the Nobel Subdivision and respond as follows:

Q1. Can you please supply details and quantify the likely cost of the Delta/DCC exposure to the mortgagee sale of the Nobel Subdivision.
There is a very limited risk to Delta/DCC by way of mortgagee sale. There is however some financial exposure related to the subdivision and this was reflected in Delta’s Annual report for the 2014 financial year.

Q2. Can you please confirm the contractual details [preferably provide copies of the original and any subsequent contracts] that have led to our enormous exposure with the Nobel development.

All contractual details are withheld pursuant to section 7 (2)(h) of LGOIMA to protect the commercial position of Delta and further withheld pursuant section 7(2)(i) of LGOIMA to enable Delta without prejudice, to carry on negotiations.

When considering the request, the public interest was considered. This matter is currently before the Court in an effort to minimise any financial loss to the shareholder. We consider that protecting the legal position best meets the public interest at this time.

Given we have withheld information, you are entitled to a review of this decision by the Office of the Ombudsman.

I have cc’ed the original recipients of your request and the Acting CEO.

Regards
Sandy

Sandy Graham
Group Manager Corporate Services
Dunedin City Council

—— End of Forwarded Message

Note: Noble has been incorrectly entered as ‘Nobel’ by Ms Graham and Cr Vandervis in this exchange. -Eds

Related Posts and Comments:
24.3.15 Noble property subdivision —DELTA
23.3.15 Noble property subdivision: “Denials suggest that we have not learned.”
17.3.15 DCC —Delta, Jacks Point Luggate II….

Posted by Elizabeth Kerr

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Jeff Dickie: Edinburgh tough, Dunedin (DUD)

Further to the contents of an email from Jeff Dickie last month, who was writing from a hotel on Orchard Road at the time:

Supplied. ODT 13.7.15 (page 6)

ODT 13.7.15 Letter to editor Dickie p6

****

INVOICE FRAUD AND MORE

TWO corrupt council officials and two businessmen who supplied them with cash and hospitality have been jailed with a warning they face “significant” sentences.

### HeraldScotland.com Wednesday 17 June 2015
Corrupt Edinburgh council officials face lengthy jail term
[…] Former local authority employees Charles Owenson and James Costello were treated to dances and drinks in lap dancing bars as valuable Edinburgh City Council contracts were secured through bribery. Ex-directors of Action Building Contracts Ltd (ABC Ltd) Kevin Balmer and Brendan Cantwell provided the rewards over the allocation of work for public buildings including schools, care homes and cemeteries.
Following their earlier guilty pleas a sheriff told them that he would continue their case until tomorrow for sentencing at Edinburgh Sheriff Court to consider the information he had been given. But Sheriff Michael O’Grady QC told the four men: “Having regard to the gravity of the offences, it is clear to me the sentences will require to be custodial and require to be significant.” He remanded all of them in jail ahead of sentencing.
Owenson and Costello were provided with hospitality, including corporate seats at Hibs and Hearts football grounds and meals out as well as cash, by Edinburgh-based construction firm ABC Ltd (Action Building Contracts). The contractors even submitted inflated invoices to the local authority for work carried out to cover the costs of the bribes they were paying council officials. Fiscal Keith O’Mahony earlier told the court: “In essence, the council was being charged for the cost of bribing its own officials.”
[…] Police began carrying out enquiries in 2010 as a result of complaints about the statutory notices system and were later informed that senior management had received “a whistleblower letter” alleging that Owenson was showing favouritism when allocating work to contractors. The Crown has raised proceedings to recover crime profits in the case.
Read more

█ 18.6.15 BBC News: Four jailed over Edinburgh City Council bribes

Shades of the ‘Screaming Orgasm cocktails’ saga following Dunedin City Council’s decision to build the stadium. That evening, the board members of Carisbrook Stadium Charitable Trust went out to celebrate, booking their drinks at Alibi Bar & Restaurant to the Ratepayers.
Of course, there have been masses of local big-ticket ‘corruptions’: the stadium land purchases (including for realignment of SH88); the Carisbrook ‘deal’ with Otago Rugby Football Union, and further ‘Otago Rugby’ deals with Dunedin Venues (DVML); the Delta subdivisions and service contracts (Jacks Point and Luggate, and more recently Noble Village); the unravelling Citifleet fraud and insurance scam (substantially greater than 152 fleet vehicles lost off the inventory, allied to ‘traffic’ in car parts, tyres, service contracts, and fluid cash); the Dunedin Town Hall Redevelopment Project (via City Property) yet to be fully detailed; and field lights for Otago Cricket Association…….. et al.

Posted by Elizabeth Kerr

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Ombudsman complaint re DCC reply to LGOIMA requests #CSTfiles

Received from Bev Butler
Fri, 10 Jul 2015 at 11:25 a.m.

From: Bev Butler
To: complaint @ ombudsmen.parliament.nz
Subject: Ombudsman complaint: Whereabouts of secure storage facility?
Date: Fri, 10 Jul 2015 11:19:53 +1200

{Address and phone number removed. -Eds}

Friday 10 July 2015

Dear Sir/Madam

I wish to make a complaint about the Dunedin City Council’s reply to a recent LGOIMA request (copied below) where I ask the whereabouts of the secure storage facility and the date the DCC/CST documents were placed in the facility.
Please also refer to my email to Ombudsman Office dated 15 June 2015 where I express concern as to the safety of the DCC/CST documents.

In the DCC response it states:

“The location of the secure storage facility is withheld pursuant to s7(2)(b)(ii) of LGOIMA to avoid prejudicing the commercial position of the person who is subject of the information.”
This is not a valid reason to refuse the request because s7(2)(b)(ii) only provides protection for “the person who supplied or who is the subject of the information”. This could be a valid reason to refuse to provide some of the documents, but not a valid reason to refuse to provide the location of the documents.

The other reason for refusing to provide the location was: “pursuant to s7(2)(f)(ii) of LGOIMA to enable the effective conduct of public affairs by protecting officers and persons from improper pressure or harassment.”
This is invalid because there are no public affairs being conducted that would be affected by revealing the location of the documents. More importantly, this only applies to “members or officers or employees of any local authority”. Revealing where the documents are, will not create any “improper pressure or harassment” on Council staff or Carisbrook Stadium Trust (CST) members.

The DCC in their response to the date the documents were stored in the secure storage facility state:
“The CST are unable to confirm when the documents were shifted to the storage facility. The person who can confirm this is now resident in Australia. Attempts were made to contact her but she is hospitalised, recovering from a serious illness and was unable to provide the information. Your request is therefore technically declined pursuant to s17(g) of LGOIMA as the information requested is not held.”
The DCC confirmed this morning that the documents were moved with permission of the CST. Therefore, if the documents were moved with the permission of the CST then section 2(6) of LGOIMA applies because the CST are subject to LGOIMA given their special agency agreement with the DCC.

I request the Ombudsman Office investigate the above.

Yours sincerely
Bev Butler

{See previous post for chain of correspondence up to and including Ms Graham’s reply at Thu, 9 Jul 2015 21:42:53 +0000, provided in full with Ms Butler’s complaint to the Ombudsman. -Eds}

Related Posts and Comments:
9.7.15 DCC: Council-owned CST files whereabouts not declared
27.6.15 Ratepayer boxes #saga
20.6.15 DCC / CST document scramble #LGOIMA

Posted by Elizabeth Kerr

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DCC: Council-owned CST files whereabouts not declared

Updated post Fri, 10 Jul 2015 at 1:22 p.m.

Received from Bev Butler
Thu, 9 Jul 2015 at 12:32 p.m.

From: Bev Butler
Sent: Wednesday, 1 July 2015 1:46 p.m.
To: Sandy Graham [DCC]; Grace Ockwell [DCC]
Subject: LGOIMA Request: Whereabouts of secure storage facility?

Wednesday 1 July 2015

Dear Sandy and Grace

It was recently stated in the media that the DCC/CST documents were stored in a “secure storage facility”.
Also on Monday 29 June 2015, the CST stated:
“The CST advise that there is no charge for the storage and as such, there is no invoice.”

I request the location where these documents were stored, the type of “secure storage facility” and on what date the documents were taken to the secure storage facility.

Thank you.
Kind Regards
Bev

From: Sandy Graham [DCC]
To: Bev Butler
CC: Grace Ockwell [DCC]
Subject: RE: LGOIMA Request: Whereabouts of secure storage facility?
Date: Wed, 8 Jul 2015 22:14:28 +0000

Dear Bev

I refer for your request for information about the CST secure storage facility where you asked the following questions:.
Where are the documents stored?
What type of secure storage facility it is?
What date were the documents taken to the facility?

I provide answers to these questions as follows:

The location of the secure storage facility is withheld pursuant to s7(2)(b)(ii) of LGOIMA to avoid prejudicing the commercial position of the person who is subject of the information and pursuant to s7(2)(f)(ii) of LGOIMA to enable the effective conduct of public affairs by protecting officers and persons from improper pressure or harassment.

The facility is a commercial storage facility. I have already advised that it is not EziStor. Any further details that may identify the facility are however withheld pursuant to s7(2)(b)(ii) of LGOIMA to avoid prejudicing the commercial position of the person who is subject of the information and pursuant to s7(2)(f)(ii) of LGOIMA to enable the effective conduct of public affairs by protecting officers and persons from improper pressure or harassment.

The CST are unable to confirm when the documents were shifted to the storage facility. The person who can confirm this is now resident in Australia. Attempts were made to contact her but she is hospitalised, recovering from a serious illness and was unable to provide the information. Your request is therefore technically declined pursuant to s17(g) of LGOIMA as the information requested is not held.

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

Regards
Sandy

From: Bev Butler
To: Sandy Graham [DCC]
CC: Grace Ockwell [DCC]
Subject: RE: LGOIMA Request: Whereabouts of secure storage facility?/Clarification
Date: Thu, 9 Jul 2015 14:15:33 +1200

Dear Sandy and Grace

Appreciate clarification before contacting Ombudsman.
In the response it states:
“The CST are unable to confirm when the documents were shifted to the storage facility. The person who can confirm this is now resident in Australia.”
Given the statement above which implies that there is only one person in the world who knows when the documents were moved, is it correct to assume the documents were moved by the “sick lady” without the permission of the CST?
Is it also correct to assume the documents were placed in the secure storage facility without the knowledge of the secure storage facility’s owner, given the “sick lady” in Australia is the only person who knows when the documents were stored there?

Kind Regards
Bev

From: Sandy Graham [DCC]
To: Bev Butler
CC: Grace Ockwell [DCC]
Subject: RE: LGOIMA Request: Whereabouts of secure storage facility?/Clarification
Date: Thu, 9 Jul 2015 21:42:53 +0000

Dear Bev

Your assumptions are incorrect.

Regards
Sandy

Related Posts and Comments:
27.6.15 Ratepayer boxes #saga
20.6.15 DCC / CST document scramble #LGOIMA

Posted by Elizabeth Kerr

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DCC Citifleet, [a] Deloitte report leaked

DCC logo (fraud) 2

WHY WASN’T THE SERIOUS FRAUD OFFICE CALLED IN RIGHT FROM THE VERY START WHEN CR LEE VANDERVIS ALERTED FORMER DCC CHIEF EXECUTIVE PAUL ORDERS TO CAR FRAUD ???

Then too, think of all the people who had access to the Deloitte reports (plural) – more specifically those without access to the digitised data report. That ‘narrows’ the field of leaks to Deloitte itself, NZ Police, private investigators, counsel, privileged council staff, privileged mayor and (some) councillors, those council staff whose lawyers worked on their ‘resignations’ / exit packages….
Who else? A veritable feast.

No-one named in the ODT today hasn’t been mentioned at What if? posts and comments previously – this includes the names of the car companies.

### ODT Online Sat, 4 Jul 2015
Questions still unanswered
By Chris Morris
[…] even after reading Deloitte’s full “Project Lewis” investigation report – the Otago Daily Times was leaked a copy – there are still many unanswered questions … [The report] named members of three Dunedin families who, together, bought dozens of council-owned cars … Those names included Wayne McFadyen, Destry Duff and Shayne Perkins and members of their extended families, who between them bought 42 vehicles, Deloitte found.
Read more

****

Anngow Motors was sold in 2007 to Armstrong Mazda, which was, in turn, sold to Dunedin City Motors in 2009.

### ODT Online Sat, 4 Jul 2015
Long list of car deals
By Chris Morris
Council cars bought and sold within days, and handfuls of cash that disappeared without trace are detailed in Deloitte’s full report into the $1.5 million Citifleet fraud. The report outlines a long list of transactions between former Citifleet team leader Brent Bachop, private buyers and Dunedin car dealers dating back more than a decade.
Read more

****

“Mr Bachop or Mr McFadyen kept a significant proportion of the sale proceeds for these vehicles,” the [Deloitte] report said.

### ODT Online Sat, 4 Jul 2015
Nothing to hide, says car buyer
By Chris Morris
Wayne “Tubby” McFadyen says he has nothing to hide. Instead, the man identified as one of the main buyers of Citifleet vehicles says the Dunedin City Council should be looking “in the mirror” if it wants to point the finger. “If there’s anyone to blame, it all falls on their heads too. They can blame everyone else for buying vehicles and whatever they want to do, but at the end of the day the buck stops with them.”
Read more

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

Posted by Elizabeth Kerr

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Code of Conduct show trial

Updated post
Fri, 27 Nov 2015 at 11:17 p.m.

Recently, Daaave Cull – he who cannot keep a true and proper Council minute record (as the Ch39 videos demonstrate) – ran an evil-illegal ultra vires punitive Code of Conduct campaign against Cr Lee Vandervis.

code of conduct cartoon (30-6-15)Mad Hatter 30.6.15 [click to enlarge]

Douglas Field Republished Aug 17, 2016
Mad Hatter’s ‘Show Trial’ of Lee Vandervis revised 10 7 15

Posted by Elizabeth Kerr

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