ODT: Vandervis v Cull

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

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

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

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

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

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

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

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Posted by Elizabeth Kerr

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

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

More emails —DCC aftermath of full council meeting 14.12.15

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

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

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

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

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

Re: Town Hall Redevelopment Project and Citifleet fraud allegations

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

Councillors

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

Apologies.

Sandy

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

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

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

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Posted by Elizabeth Kerr

DCC aftermath of full council meeting 14.12.15 (emails released)

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

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

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

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

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

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

Dear Sandy,

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

Regards,
Cr. Vandervis

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

Dear Councillors

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

Regards
Sandy

—————————————

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

Dear Chris

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

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

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

Yes – all aspects of the transaction will be investigated.

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

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

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

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

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

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

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

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

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

Regards
Sandy

Sandy Graham
Group Manager Corporate Services
Dunedin City Council

—— End of Forwarded Message

(4) Attachments:

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

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

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

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

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Posted by Elizabeth Kerr

Epere on driving charges, now faces drugs charges after police raid

From: Hamish McNeilly [Fairfax Dunedin Bureau Chief]
Sent: Wednesday, 16 December 2015 6:16 p.m.
To: Elizabeth Kerr
Subject: So Albert Epere on drug raid. See my earlier links

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Gang member loses gardening contract with Dunedin Council after arrested for speeding
By Hamish McNeilly Last updated 17:11, December 16 2015
A gang member has lost his contract to maintain Dunedin’s public gardens after he was arrested for racing on a state highway. In October, the Dunedin City Council awarded Mauri Kohatu Incorporated, a $52,000 trial contract to maintain some city greenspaces until June 30, 2016. […] In a statement issued late Wednesday, the council said it suspended its trial social procurement contract with Mauri Kohatu after becoming aware of Epere’s alleged offending on Monday.
http://www.stuff.co.nz/national/75172101/gang-member-loses-gardening-contract-with-dunedin-council-after-arrested-for-speeding

Man arrested after police raid on Dunedin gang pad
By Hamish McNeilly Last updated 13:45, December 16 2015
Armed police took part in an early morning raid of a Dunedin gang house. Police raided a Pine Hill Rd property on Wednesday morning and arrested a 49-year-old man. The property was understood to be connected with Black Power.
http://www.stuff.co.nz/national/75154505/man-arrested-after-police-raid-on-dunedin-gang-pad

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Related Posts and Comments:
14.12.15 Epere arrested
13.10.15 Stuff: DCC to pay Epere $37 an hour
12.10.15 alfred e cull
11.10.15 DCC: Numpty – Cull – Epere
6.10.15 DCC suckered by Black Power leader
9.3.15 DCC patched: How NZ Herald sells our “story” #gangs
8.7.14 DCC: Mayor Cull and council staff consort with criminal gangs

█ Embarrassing for Dave Cull, Sue Bidrose, Rebecca Williams and all the uninformed Do-gooder councillors and staff at Dunedin City Council who wanted to throw ratepayers’ money at criminal gangs.

Douglas Field 16 Dec 2015 [click to enlarge]

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Posted by Elizabeth Kerr

Epere arrested

Link received from Hamish McNeilly
14/12/2015 3:32 pm (GMT+12:00)

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### Stuff.co.nz Last updated 13:51 14/12/2015
Gang member on Dunedin City Council contract arrested for driving incident
By Hamish McNeilly
A gang member who secured a $52,000 contract with the Dunedin City Council has been arrested after an alleged driving incident. Police were called by concerned motorists following reports two southbound vehicles were passing on double yellow lines south of Palmerston, about 5pm on Sunday.
The vehicles – a 2008 black Holden Commodore Clubsport and a blue 2000 Holden Commodore Berlina, each containing two adults and three children – allegedly reached speeds up to 150kmh as they passed each other.
Officers pulled over the two vehicles near the Dunedin suburb of Pine Hill, and arrested the two male drivers, aged 49 and 50. […] One of the drivers involved was understood to be Albert Epere.
Read more

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Related Posts and Comments:
13.10.15 Stuff: DCC to pay Epere $37 an hour
12.10.15 alfred e cull
11.10.15 DCC: Numpty – Cull – Epere
6.10.15 DCC suckered by Black Power leader
9.3.15 DCC patched: How NZ Herald sells our “story” #gangs
8.7.14 DCC: Mayor Cull and council staff consort with criminal gangs

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Posted by Elizabeth Kerr

Stuff: DCC to pay Epere $37 an hour

### Stuff.co.nz Last updated 11:41, October 13 2015
Gang member’s council contract: $37 an hour and no patches allowed
By Hamish McNeilly
A gang member will be paid $37 an hour and forbidden to wear gang regalia as part of a Dunedin City Council weed control contract. […] Black Power member Albert Epere would control weeds, litter and maintain paths at six Dunedin sites until June 30, 2016. A copy reveals the $52,000 plus GST contract was based on a 30-hour working week with a fee schedule of $37 an hour.
Read more

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Related Posts and Comments:
12.10.15 alfred e cull
11.10.15 DCC: Numpty – Cull – Epere
6.10.15 DCC suckered by Black Power leader
9.3.15 DCC patched: How NZ Herald sells our “story” #gangs
8.7.14 DCC: Mayor Cull and council staff consort with criminal gangs

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Posted by Elizabeth Kerr

*Image: lantapix via 123rf.com – man with lawn mower

DCC: Numpty – Cull – Epere

Received from Douglas Field
Sun, 11 Oct 2015 at 10:34 a.m.

Pip’s comment. The sock puppet, Dave, with ‘friends’.
[click to enlarge]

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Related Posts and Comments:
6.10.15 DCC suckered by Black Power leader
9.3.15 DCC patched: How NZ Herald sells our “story” #gangs
8.7.14 DCC: Mayor Cull and council staff consort with criminal gangs

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Posted by Elizabeth Kerr

DCC suckered by Black Power leader

Photo (detail) by Ross Setford via 3news.co.nz

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Received from Gavin Bartle
Tue, 6 Oct 2015 at 10:51 a.m.

On 6/10/15 10:20 am, “Gavin Bartle” wrote:

Dear elected representatives, [DCC]

Today I read with horror an ODT article that DCC is channeling ratepayer funds to an active senior member of an organised criminal group.

I’m not sure what kind of game you all think your playing, but is an absolutely unacceptable use of rates money.

This man, Albert Epere, is a current and active member of a vile violent group of thugs that prey on honest Dunedin citizens, he is in no way reformed or renounced his criminal associations.

This funding must be stopped and the contract terminated, the staff who allowed this must be instructed not to be so foolish again.

http://www.odt.co.nz/news/dunedin/358318/gangster-secures-52500-contract

Thanks
Gavin Bartle

From: Lee Vandervis
Date: 6 October 2015 at 10:44
Subject: Re: rates money funnelled to organised crime
To: Gavin Bartle

Hi Gavin.

That I agree with you, is suggested by my request for information today as below.

Kind regards,
Lee

—— Forwarded Message
From: Lee Vandervis
Date: Tue, 06 Oct 2015 09:29:43 +1300
To: Sue Bidrose, Sandy Graham, Andrew Noone, Andrew Whiley, Chris Staynes, Doug Hall, Hilary Calvert, John Bezett, Jinty MacTavish, Kate Wilson, Lee Vandervis, Mayor Cull, Mike Lord, Neville Peat, Richard Thomson, David Benson-Pope, Aaron Hawkins
Conversation: Gangster’s DCC Contract – LGOIMA requests for information
Subject: Gangster’s DCC Contract – LGOIMA requests for information

Dear Sue, Sandy, and Mayor Cull,

Who made the actual decision to award a $52,500 DCC Contract to a gang leader outside of the contractual requirements specified in our DCC Procurement documents?
Will the gang leader Mr Albert Epere be contracted to do the work personally himself, or is he contractually free to ‘arrange’ others to do the actual Contract work?
Why did Councillors not get the opportunity to debate and decide on this clearly political departure from DCC Procurement process?
Have the Audit and Risk Subcommittee given their stamp of approval to this risky departure from best Contracting practice?
Please forward a copy of the full original contract awarded to Mr Epere.

Regarding Mongrel Mob and Black Power access to DCC contracts Mayor Cull is quoted by TV3 as saying “The work is on a trial basis and the gangs would have to “satisfy” the chief executive and show they were up to the job before being awarded a contract, Mr Cull says.”

Read more: http://www.3news.co.nz/nznews/mongrel-mob-and-black-power-bid-for-council-lawn-contracts-2015030913#ixzz3nj6k6e77

What has Mr Epere, leader of Black Power, done to satisfy our CEO that he is up to the job under the terms of our Procurement and Audit and Risk procedures?

Regards,
Cr. Vandervis

—— End of Forwarded Message

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█ 6.10.15 ODT: Gang boss secures council contract
A Black Power kingpin with multiple prison stints behind him has won a $52,500 Dunedin City Council contract to maintain several areas of the city’s public land. […] The contract was signed yesterday and covers land in Opoho, St Leonards, Abbotsford, Logan Park, Caversham Bypass and Bridge St.

Albert Epere, a patched Black Power leader has served prison terms for assault and grievous bodily harm.

Rebecca Williams [DCC] said she did not know “anything about becoming a Black Power member” and confirmed the council had not looked into what it took to become a patched gang member as part of its due diligence for the contract.

Rebecca and Mad Hatter Cull with Black Power member. Douglas Field (6.10.15)

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█ 8.5.12 ODT: Five sentenced over Dunedin gang clash
With Epere, Ryan and Witehira, the judge acknowledged they had all been out of serious trouble since about 2003 and Epere and Witehira were now involved in organisations putting something back into the community. And Ryan had moved away from Dunedin and was taking steps to sort out his life.

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Related Posts and Comments:
9.3.15 DCC patched: How NZ Herald sells our “story” #gangs
8.7.14 DCC: Mayor Cull and council staff consort with criminal gangs

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Posted by Elizabeth Kerr