Tag Archives: Farmers

Delta #EpicPowerFail 7 : Kyle Cameron —The Money or the Bag?

its-in-the-bag-with-selwyn-toogood-pinterest-com-tweaked-by-whatifdunedin

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]

13 Comments

Filed under Aurora Energy, Business, Central Otago, Citifleet, Construction, DCC, DCHL, DCTL, Delta, Democracy, Design, Dunedin, DVL, DVML, Economics, Electricity, Finance, Geography, Health, Infrastructure, Name, New Zealand, OAG, Ombudsman, People, Perversion, Pet projects, Politics, Project management, Property, Public interest, Queenstown Lakes, Resource management, Site, Travesty, What stadium

Aurora/Delta (same crew!) rips off Central Otago farmers and hort industry producers

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.

home-detention-anklet-stuff-co-nz

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.

W O R T H W H I L E ● R E A D
2.11.16 ODT: History shows power to the people lost
Delta’s woes will be shared with Central Otago, writes Nick Loughnan.

aurora-bovver-boys-29-11-16-1Douglas Field 29.11.16 [click to enlarge]

█ For more, enter the terms *delta*, *aurora*, *dchl*, *grady*, *cameron*, *crombie*, *noble*, *yaldhurst* or *epic fraud* in the search box at right.

Posted by Elizabeth Kerr

This post is offered in the public interest.

*Image: stuff.co.nz – home detention unit

7 Comments

Filed under Aurora Energy, Business, Central Otago, Corruption, DCHL, Delta, Democracy, Economics, Electricity, Finance, Geography, Health, Infrastructure, Media, Name, New Zealand, OAG, Ombudsman, People, Perversion, Pet projects, Politics, Project management, Property, Public interest, Queenstown Lakes, Resource management, Travesty, What stadium

Commerce Commission moves on 3 big banks [Interest Rate Swaps]

### stuff.co.nz Last updated 17:17 17/12/2013
Banks taken to court over farm deals
By Rob Stock and Matt Rilkoff
In a war that has cost her a lifetime of work, former north Taranaki farmer Angela Potroz says she has finally won a battle.
The Commerce Commission announced today it intended to take ANZ, ASB and Westpac banks to court for “misrepresenting” sales of interest rate swap loans to rural customers.
Potroz and her husband John were some of the hundreds of farmers persuaded by The National Bank (now branded ANZ) to take the financial product in 2007 as a way to “beat” rising interest rates.
Nearly inexplicable to all but financial experts, the products were often sold to farmers as being fixed rate loans “with benefits”.
But when the global economy fell apart, interest rates on the swaps soared and fine print penalty clauses kicked in.
With the bank refusing to offer the Potrozes any relief and refinancing costs in the millions, the couple said they were doomed to fail.
In November 2012 they sold four sheep and beef farms valued at $18.85 million in 2010 for just $12.08m after the bank demanded their $11m swap be repaid in full.
Read more

****

Media Release: Commerce Commission proposes to issue proceedings on interest rate swaps

17 December 2013

The Commerce Commission confirms that it has advised three major New Zealand banks, ANZ, ASB and Westpac, that it intends to issue legal proceedings over their sales of interest rate swap contracts to rural customers.
The Commission has advised the banks that in its view there is sufficient evidence that they may have breached sections 9, 11 and/ or 13 of the Fair Trading Act, and that it wishes to place the matter before the Court for its decision.
Commerce Commission Chairman Dr Mark Berry says the Commission aims to file proceedings in March 2014.
“This has been a very extensive and complex investigation, but that phase of it is almost at an end. We have advised the banks of our views that swaps were misrepresented to rural customers. I expect to have more talks with the banks about these views, and about the different facts that might apply to each of them, over the coming months,” said Dr Berry.
“Because court proceedings are in prospect, the Commission will not be commenting further at this time.”
The Commission is also considering the conduct of other institutions that have sold interest rate swaps.
The Commission encourages affected swap customers to contact the Commission on 0800 943 600.

Background
Interest rate swaps are a financial derivative product that allows a borrower to manage the interest rate exposure on their borrowing.
Interest rate swaps were typically provided to large corporate and institutional customers, but from 2005 were offered by various banks to rural customers throughout New Zealand.
In August 2012 the Commission began enquiring into whether interest rate swaps were misleadingly marketed from 2005.
This matter relates to ANZ Bank New Zealand Limited (ANZ), ASB Bank Limited (ASB), and Westpac Banking Corporation and Westpac New Zealand Limited (together, Westpac).

[Relates to: Fair Trading]
ComCom Link

****

Interest Rate Swaps
17 December 2013: Proposed Legal Proceedings – Questions and Answers*

*Click on Question links for Answers

1. Which banks does the Commission intend to take court action against over the marketing and sale of interest rate swaps to rural customers (farmers)?
2. Background to investigation and decision to take court action
3. What does the Commission intend to do?
4. When is the Commission filing proceedings against the banks?
5. How much have farmers lost as a result of the alleged conduct?
6. My farming business purchased interest rate swaps. Do I need to do anything?
7. My farming business bought an interest rate swap or swaps from one of the named banks. Am I going to get compensation?
8. How long will it take for an outcome on the case?
9. My farming business purchased a swap from one of the banks identified by the Commission. I am in financial difficulty with the bank. How will these proceedings affect me and what should I do?
10. I have settled a complaint with one of the banks named over the sale of interest rate swaps? Can I still assist the Commission?
11. I am worried that if I help the Commission in its proceedings there may be repercussions against me or my business by the bank I deal with?
12. What about swaps sold by other banks?
13. My business purchased swaps but it is not involved in farming. Do you want to hear from me?

Documents
Interest Rate Swaps Investigation – Proposed Legal Proceedings Questions and Answers 17 December 2013 (PDF, 50 KB) Published on 17 December 2013
Notes for meeting with Damien O’Connor MP on Interest Rate Swaps Investigation 9 May 2013 (PDF, 41 KB) Published on 10 May 2013
Interest Rate Swaps Investigation Questions and Answers March 2013 (PDF, 88 KB) Published on 27 March 2013
Interest Rate Swaps Investigation Questionnaire March 2013 (PDF, 47 KB) Published on 10 May 2013

ComCom Link

Posted by Elizabeth Kerr

8 Comments

Filed under Business, Economics, Geography, Media, New Zealand, People, What stadium

Dunedin community v government-led centralisation

farm animals [fanpop.com]Local farm animals marooned on a specially constructed grassy knoll for want of truth, no bungy cord was available today as an alternative solution.

### ODT Online Thu, 12 Sep 2013
Grilling likely for Key
By Dene Mackenzie
Prime Minister John Key can expect to face tough questions about the southern economy and the planned job cuts at Invermay when he visits Dunedin today. Mr Key is in the city to present awards at the Otago Daily Times Class Act function. Before Class Act, Mr Key will address an Otago Chamber of Commerce-organised function at which Dunedin Mayor Dave Cull expects to be seated next to the prime minister. Asked whether he would raise the issue of AgResearch’s restructuring of Invermay, Mr Cull said: ”Too bloody right. It would be remiss of me not to take the opportunity”.
Read more

Posted by Elizabeth Kerr

*Image via fanpop.com

35 Comments

Filed under Business, DCC, Democracy, Economics, Geography, Hot air, Media, Name, New Zealand, People, Politics, Property, Site, University of Otago, What stadium

Local Government Act Amendment Bill

Federated Farmers
Media Release

Local Government Bill passes, but funding must be next

30/11/2012 4:10:00 p.m.

Federated Farmers welcomes the passage of the Local Government Act Amendment Bill, but more must be done to contain and reduce the rates burden.

“The passage of the Bill is good news for ratepayers. Since 2002 rates have increased an average of 7 percent per year,” Ms Milne says.

“This growth is unsustainable and to rein it in councils and communities need better guidance and clarity on local government spending priorities.

“The Bill does this by changing the purpose of local government away from its activist, open-ended job description towards something more like what most people think local government should focus on: local infrastructure, local public services and local regulation.

“However, the Bill really just tinkers at the margin and will only go part of the way to containing and reducing the rates burden.

“What‘s needed now is funding reform, which so far has been the missing element of the Government’s work.

“It is well known that rates fall heavily and inequitably, with farmers being particularly hard hit. Far too many farmers pay more than $20,000 per year in general rates to fund activities they barely use or benefit from.

“What is perhaps less well understood is that funding policy also affects councils’ regulatory performance, especially when central government makes laws for councils to enforce, but does not provide any resources. The incentives are all wrong.

“We also think limited funding options are a factor in housing affordability, for example when councils impose high development contributions that push up the costs of sections.

“The burden of funding local government must be spread more equitably and that means moving away from the over-reliance on a 17th century system of property value rates and finding new and better tools for councils operating in the 21st century.

“Federated Farmers has always been up for this debate. With growing concern about housing affordability we sense the time is right to make some progress,” Ms Milne says.

For further information contact:

Katie Milne, Federated Farmers rural security spokesperson, 0274 244 546, 03 738 0189

Link to article

Related Post:
24.9.12 DCC against imposition of local government reforms

Posted by Elizabeth Kerr

2 Comments

Filed under Business, Economics, Media, Name, People, Politics, Property