Tag Archives: Forensic audit

DCC fails to meet LGOIMA request re ‘lost’ secure storage of CST files

The Dunedin City Council OWNS the Carisbrook Stadium Trust files, note.

Received from Bev Butler
Mon, 8 May 2017 at 1:40 p.m.

Subject: Complaint Dunedin City Council/storage of stadium documents

Message: Attached is the letter from the Ombudsman Office. I have sent a response to the Ombudsman letter.

[screenshot – click to enlarge]

● Download: 0_1-408161-3117439

Related Posts and Comments:
2.6.16 Official Information at Dunedin City : Bev Butler maintains pressure
10.7.15 Ombudsman complaint re DCC reply to LGOIMA requests #CSTfiles
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

This post is offered in the public interest.

23 Comments

Filed under Baloney, Business, CST, DCC, Democracy, Dunedin, Economics, Finance, Hot air, New Zealand, OAG, Ombudsman, ORFU, People, Perversion, Pet projects, Politics, Project management, Property, Public interest, SFO, Sport, Stadiums, Travesty

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

10 Comments

Filed under Architecture, Business, Carisbrook, Citifleet, Construction, CST, DCC, DCHL, DCTL, Delta, Democracy, Design, DVL, DVML, Economics, Events, Media, Name, New Zealand, NZRU, OAG, OCA, Ombudsman, ORFU, People, Police, Politics, Project management, Property, SFO, Site, Sport, Stadiums

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

8 Comments

Filed under Business, Construction, CST, DCC, Democracy, DVML, Economics, Name, New Zealand, OAG, Ombudsman, People, Politics, Project management, Property, Site, Sport, Stadiums

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

15 Comments

Filed under Business, Construction, CST, DCC, Democracy, DVML, Economics, Name, New Zealand, OAG, People, Politics, Project management, Property, Site, Sport, Stadiums

DCC / Carisbrook Stadium Trust document scramble #LGOIMA

Received from Bev Butler
Fri, 19 June 2015 at 9:13 a.m.

From: Bev Butler
To: Lee Vandervis, Dave Cull, David Benson-Pope, Hilary Calvert, John Bezett, Doug Hall, Aaron Hawkins, Mike Lord, Jinty MacTavish, Andrew Noone, Neville Peat, Chris Staynes, Richard Thomson, Andrew Whiley, Kate Wilson
Subject: Mayor and Councillors/Security of DCC/CST stadium documents
Date: Fri, 19 Jun 2015 08:50:20 +1200

Friday 19 June 2015
 
Dear Mayor Cull and Councillors
 
During my recent DCC Annual Plan submission I requested a full forensic audit of the Carisbrook Stadium Trust (CST). You will recall that preliminary informal investigations found that documentation has been withheld. The CST and the previous CEO of the DCC both attempted via undisclosed legal opinions to ensure that this documentation remained hidden from any investigation or even LGOIMA requests and it is now more than clear that the CST, as an agent of the DCC, have no right to retain ANY documentation that relates to the entire period which the CST were in any way acting as an agent of the DCC. The CST appears to have no other function than continuing to receive donations from private persons as part of the private sector funding so, given that, I do not believe ANY documentation should be withheld from the DCC.
 
Since my public call for a full forensic investigation I have been greatly concerned about the security of the DCC/CST documents all of which were financed with ratepayer money.
 
It has now been revealed that the Chair of CST, Mr Malcolm Farry has removed most of the documents from the stadium and dumped them in a container. By doing so I believe that he has demonstrated a desire to thwart any investigation into any inappropriate spending of ratepayers money which could be revealed by a forensic audit, but he has also on the face of it, essentially misappropriated the documentation which has been, and remains, the property of the DCC.
 
On Monday 15 June 2015 I also contacted the Office of the Ombudsman expressing my concern over the security of the documents.
A representative of the Ombudsman Office then rang the DCC Governance Manager on Monday afternoon.
 
As elected representatives I believe you should be made aware of the situation.
 
Below is an urgent LGOIMA request I submitted on Tuesday 16 June 2015 followed by an acknowledgement of the request.
Further down the page is the earlier correspondence I had with the DCC CEO requesting the documents be secured.
 
Kind Regards
Bev Butler


 
From: Bev Butler
To: Grace Ockwell [DCC], Sandy Graham [DCC]
CC: Sue Bidrose [DCC]
Subject: URGENT LGOIMA Request: Security of DCC/CST stadium documents
Date: Tue, 16 Jun 2015 09:17:33 +1200

Tuesday 16 June 2015
 
Dear Sandy and Grace
 
Given the following:
1. Changes to LGOIMA recently came into force on 26 March 2015.
In light of these changes, and especially the changes to s2(6) which unequivocally states that a local authority will be deemed to hold any information held by an independent contractor in its capacity as contractor.
2. Under section 3 of Schedule 5 of the Service Level Agreement (SLA) between the CST and DCC it states:
“All files, records and other information held by CST and DVML will be held at the offices of DVML and made available to CST and DVML Board members and staff as required.”
3. DCC Governance staff were told by the Chair of CST, Mr Malcolm Farry, that ALL the DCC/CST stadium documents were in a locked room at DVML offices as per the SLA and only Malcolm Farry and his secretary had keys to the locked room. 
4. Recently it has transpired that MOST of the documents are not in the DVML offices.
5. Most of the documents are now in a container.
 
Therefore, given the LGOIMA legislation, the contract between DCC and CST and other information above, I request the following:
1. On what date were the DCC/CST documents removed from the DVML offices?
2. Apart from Malcolm Farry, who else was involved in the removal of the documents?
3. Which other CST trustees were aware of the removal of the documents?
4. Where exactly is the container located?
5. How are the documents stored in this container? Are they in cardboard boxes, supermarket bags, filing cabinets or thrown in piles or some other storage method?
6. Will the DCC report this removal of local government documents to the Police given this was done without DCC permission?
7. Will the DCC now seize these documents as is their legal right under the SLA?
8. The name of the law firm and lawyer who has been providing legal advice to the DCC over the security of the DCC/CST stadium documents?
 
Given the seriousness of this situation, I am requesting that this request be treated with urgency.
 
Kind Regards
Bev


 
From: Sandy Graham
To: Bev Butler
CC: Sue Bidrose, Grace Ockwell
Subject: RE: URGENT LGOIMA Request: Security of DCC/CST stadium documents
Date: Tue, 16 Jun 2015 02:00:11 +0000

Dear Bev
 
Thank you for your request below. I note that you have requested urgency and we will consider this request. If we decide that we will not progress the request urgently, you will receive a response as soon as practicable or within twenty working days.
 
I do wish to formally advise that I have sighted the CST files and after conversations with the CST have no concerns about their security. I note your reference to the provisions of the Deed between the CST and the DCC and will work to give effect to that with the CST over coming days.
 
Regards
Sandy

From: Bev Butler
To: Sandy Graham
CC: Sue Bidrose, Grace Ockwell
Subject: RE: URGENT LGOIMA Request: Security of DCC/CST stadium documents
Date: Tue, 16 Jun 2015 14:30:55 +1200

Dear Sandy
 
Thank you for your email.
Do the CST still have access to these documents?
 
Kind Regards
Bev

From: Bev Butler
Sent: Tuesday, 16 June 2015 3:47:51 p.m.
To: Sandy Graham
Cc: Sue Bidrose, Grace Ockwell

Dear Sandy
 
Further to your email below where you state:
“I note your reference to the provisions of the Deed between the CST and the DCC and will work to give effect to that with the CST over coming days.”
Can I assume that the DCC will be taking control of the documents by the end of the week as per SLA?
 
Kind Regards
Bev


  
From: Bev Butler
Sent: 24 May 2015 4:16 p.m.
To: Sue Bidrose
Subject: Security of stadium documents
Importance: High
 
Sunday 24 May 2015
 
Dear Dr Bidrose
 
I wish to formally request that the DCC secure the CST stadium documents.
Some time ago, I was made aware of a threat by Mr Malcolm Farry, Chair of CST, to remove the documents from the locked stadium room.
I think it is essential to ensure the security of these documents.
 
Given Mr Farry’s ongoing refusal to release information even with the recent change in legislation to LGOIMA and given the false statements and the malicious attack on me which he made on the front page of the ODT on Friday 22 May 2015 I believe it may be necessary to: 
(a) change the locks as I understand Mr Farry has the only key;
(b) secure any external window(s) from possible break-in or access to damage the documents.
(c) ensure Mr Farry is escorted by a security guard at all times whilst in the document room if he does now decide to co-operate.
 
Yours sincerely
Bev Butler
 
PS I think it fair to inform you I will be making this request public in a few days time.


 
From: Sue Bidrose
To: Bev Butler
Subject: RE: Security of stadium documents
Date: Fri, 5 Jun 2015 03:38:28 +0000

Hi Bev
 
Thanks for the conversation. To just put it in writing, I have had discussions with the CST representative and we are working together to ensure DCC has full access to CST documents pertaining to the stadium build. Most of the documents are not at the stadium and therefore ‘locking the door’ would not only be likely to provoke legal retaliation, it would be counterproductive in our working together to ensure DCC has the documents that we are legally required to have.
 
Kind regards
 
Sue


 
From: Bev Butler
To: Sue Bidrose
Subject: RE: Security of stadium documents
Date: Fri, 5 Jun 2015 17:22:51 +1200

Hi Sue
 
Thanks for the email.
fyi
On reading the Service Level Agreement today on page 20 it states under Schedule 5 – Resources/Administration
3. All files, records and other information held by CST and DVML will be held at the offices of DVML and made available to CST and DVML Board members and staff as required.
 
Kind regards
Bev

Posted by Elizabeth Kerr

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Filed under Business, Construction, CST, DCC, Democracy, DVML, Economics, Name, New Zealand, OAG, People, Politics, Project management, Property, Site, Sport, Stadiums

DCC: Sorting THE MESS

DCC via Ch39 (2)

Is it now time for a commissioner to be appointed to govern Dunedin? Russell Garbutt asks the question. (ODT)

### ODT Online Fri, 1 Aug 2014
Opinion
Council failing to govern Dunedin
By Russell Garbutt
There are a number of factors that point to the drastic action of appointing a commissioner to govern Dunedin as being the only solution to contain a council unable or unwilling to govern a city in accordance with the requirements of the Local Government Act. Such factors include the financial position Dunedin residents find themselves in. While Dunedin’s rate of growth is static, the population is made up of a significant number of transitory students at the city’s tertiary institutions and a significant number of residents who are elderly and have limited incomes. And yet this same population has a level of debt per ratepayer second only in the country behind Auckland, which is growing in size and ability to pay off debt. Most of this debt is directly due to the decision to fund a new rugby stadium that a previous council decided to progress, despite the lack of private construction funding. The truth behind this project will be revealed only by a full forensic audit of all matters connected to the stadium, but this council seems unwilling to learn what happened and even more unwilling to be able to take any action that may flow from such an independent audit.
Read more

● Russell Garbutt, formerly from Dunedin, is a Clyde resident.

****

Cr Calvert “fired a shot at Cr Benson-Pope, claiming he had access to answers – as a committee chairman – in ways some other councillors might not enjoy”. (ODT)

### ODT Online Fri, 1 Aug 2014
278 official requests to council for information
By Chris Morris
Two of Dunedin’s city councillors are helping flood Dunedin City Council staff with official information requests, as a third councillor questions the cost of providing so many answers. Figures released to the Otago Daily Times yesterday showed the council has received 278 official information requests since July 1 last year, more than in previous years. The requests included 34 sent by the city’s elected members, most of which had come from Crs Hilary Calvert and Lee Vandervis, it was confirmed.
Read more

Posted by Elizabeth Kerr

*Image: DCC YouTube screenshot reworked by whatifdunedin

17 Comments

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Crowe Horwath Report (May 2014) – Review of DVML Expenses

Dunedin City Council released the following report through the LGOIMA process, in reply to Bev Butler who lodged an information request.

The report by independent auditors Crowe Horwath investigates the work expenses of DVML’s ex Commercial Manager, then part-time contractor Guy Hedderwick.

Crowe Horwath report cover (May 2014)

Download: Crowe Horwath Report – Review of DVML Expenses (PDF, 363 KB)

NOTE: The report is not the result of a forensic audit, which should now take place to provide clarification for Mr Hedderwick and his manager.

QUESTION: Why is Dunedin City Council not seeking requirement for a forensic audit?

Related Post and Comments:
9.6.14 DVML: Crowe Horwath audit report (Hedderwick)
22.3.14 DVML, Money for jam…..fig jam’ [see links provided]
4.3.14 Bev Butler: Guy Hedderwick’s departure package (LGOIMA)

Posted by Elizabeth Kerr

6 Comments

Filed under Business, DCC, Democracy, DVML, Economics, Highlanders, Media, Name, New Zealand, ORFU, People, Politics, Project management, Site, Sport, Stadiums

ORFU: Black-tie dinner, theft or fraud?

Dave Goosselink Tweets 17.3.14[screenshot]

• Dave Goosselink — Dunedin face (and voice) for TV3 News & Sports
• Samuel Gilchrist — social media handler for The Highlanders @Highlanders

Retweets by @whatifdunedin and @SearleJamie
• Jamie Searle — Southland Times racing reporter

Correspondence received.
Wednesday, 19 March 2014 10:58 a.m.

From: Bev Butler
To: Steve Tew [NZRU]; Doug Harvie [ORFU]
CC: Murray Kirkness [ODT]; Steve Hepburn [ODT]; Rebecca Fox [ODT]; Ian Telfer [RNZ]
Subject: Black-tie dinner bill to be paid?
Date: Wed, 19 Mar 2014 10:56:35 +1300

Wednesday 19th March 2014

Dear Steve

The following was posted on a local blogsite “What If Dunedin”.

“The conscience of the ORFU is totally absent. The normal procedure for staging an event such as the black-tie dinner is to budget all costs, set the entrance fees to cover those costs and establish a profit level. That is both normal and straightforward – some I’m sure, would say honest, business practice..

The way the ORFU operated was to set the costs, pay out the organiser – who just happened to be the wife of Laurie Mains – ignore the costs and bank the difference. Can anyone tell me that if this scenario happened with anyone else other than the dear old rugby-mad idiots on the Council involved, would this be tolerated? Not on your nelly. Can anyone tell me why this isn’t either theft or fraud?” *

What especially interests me about this post is the question posed as to whether theft or fraud is involved.
It feels like it to me but I’m not sure whether it would hold up in a court of law.
Maybe it could…maybe it couldn’t.
My limited understanding of the Crimes Act is that the hardest part to prove is intent.
In the case of the black-tie dinner, did the ORFU have any intent on paying the bill?
In my opinion, if they did they would have paid it when they received the money from the guests – because obviously it was the intent of the guests for their money to be paid for their evening out.
What do you think, Steve? I’d appreciate your view on this.

I noticed on twitter, media and rugby officials tweeting about this issue.
Strange how the Highlanders’ social media official, Samuel Gilchrist, refers to me as a ‘warmonger’ because I am asking for some honesty from the ORFU. The problem down here is that there is no decent leadership in rugby and hasn’t been for years.
We have Roger Clark as the current CEO of The Highlanders – he was the CEO of Southland Rugby Union at the time when they
they owed over $100,000 in booze. I fear that nothing much has changed.

I had hoped that with the new ORFU board that some leadership would be shown over the black-tie dinner scandal but, to date, that hasn’t happened. Change needs to come from the top so that people like Samuel Gilchrist understands that it is not okay to run off without paying your bills. He doesn’t seem to be able to figure this out for himself. I guess when things have been bad down here for so long those who can’t think for themselves look to the leaders for guidance which is lacking.

That is why I have turned to you, Steve, to finally show some leadership and right this wrong.

I hope I don’t have to continue to prod any deeper.

Yours sincerely
Bev Butler

Previous letter to Steve Tew deleted, read it here

[ends]

*Link to source

Related Posts and Comments:
17.3.14 ORFU: Black-tie dinner on ratepayers
14.3.14 ORFU flush to pay creditors

For more, enter the terms *orfu*, *dinner*, *jeremy curragh*, *bailout*, *martin legge*, *dia*, *pokies*, *jokers*, *ttcf*, or *pokie rorts* in the search box at left.

Posted by Elizabeth Kerr

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ORFU flush to pay creditors

When asked whether the union would consider repaying some creditors who lost money when the deal was agreed to save the union from liquidation, Union chairman Doug Harvie said that would not happen.

### ODT Online Fri, 14 Mar 2014
Profit pleases ORFU
By Steve Hepburn
The Otago Rugby Football Union has recorded a $406,800 profit, just over two years after it faced going out of business because of debts of more than $2 million.
The union now has reserves of more than $500,000, and is predicting a small profit for the coming year. […] In March 2012, the union was a few days away from going out of business, with debts of $2.2 million and creditors failing to come to agreement. But a rescue package was nailed down and the union traded its way out of difficulty, albeit with some concessions from creditors.
Read more

****

Correspondence received.

From: Bev Butler
To: Doug Harvie [ORFU]
CC: Steve Hepburn [ODT]
Subject: ORFU board responsible for paying the black tie dinner bill
Date: Fri, 14 Mar 2014 07:31:59 +1300

Friday 14th March 2014

Dear Doug

In today’s ODT the ORFU have reported a profit of $406,859 for the 2013 financial year and a profit of $134,656 for the 2012 financial year. Part of this so called profit is just pocketing of monies from unpaid bills.

As you are fully aware, the ORFU ran up a DVML bill of $25,352 for their black tie fund raiser at the stadium on 5th August 2011. This was for food, booze, soft drinks and cleaning.

Not only did the ORFU run off without paying this bill but the ORFU paid no venue hire for this brand new venue. Then to top it off the ORFU pocketed $52,000 from this fundraising event into their ‘pot’ which then is reported as profit for the 2012 financial year.

The fact that the ORFU then pressurised the Council to ‘write it off’ does not excuse the ORFU from the moral obligation to pay this bill.

I was quoted in the ODT as saying this was ‘obscene’. It is like booking a large restaurant, gorging yourselves on all their food and drink and hospitality then doing a runner.

It is ‘obscene’ and I expect this bill to be paid in full.

Laurie Mains, and his wife, Anne-Marie, refused to answer questions as to whether Anne-Marie was paid for her services in organising this event. I actually have no problem with her charging for her professional services. What I do have a problem with is that it is standard practice for professional event organisers to ensure all outstanding bills are paid before the ‘surplus’ is paid to the organisation. This did not happen. I don’t know whether Anne-Marie was paid $10,000, $12,000 or even more but whatever the amount the issue is that the other bills should have been paid first.

I fully expect this bill to be paid as the ORFU did actually have sufficient funds to pay this bill as evidenced by the reported profit of $134,656 for the 2012 financial year.

I also remind you that the $350 [sic] guests to this black-tie dinner paid $250 per ticket which would have been paid with the understanding that this would cover the costs. When a function such as this is organised, the ticket price is to cover the costs of the meal, venue hire, cleaning etc. Once the bills are paid, then any surplus is genuine ‘profit’ and the organisation then can legally pocket this ‘profit’.

The fact that the ORFU pocketed this money instead of paying their bill is unacceptable.

It is time the ORFU did the decent thing and pay this bill.

Yours sincerely

Bev Butler

——————————

From: Doug Harvie [ORFU]
To: Bev Butler
CC: Steve Hepburn [ODT]
Subject: RE: ORFU board responsible for paying the black tie dinner bill
Date: Thu, 13 Mar 2014 20:16:32 +0000

You have your facts wrong Bev – ALL creditors of ORFU have been satisfied in full, in one way or another.

I will not be responding to any further correspondence on this matter.

D J Harvie
Partner

Harvie Green Wyatt
(P O Box 5740, Dunedin 9016, New Zealand. Phone +64 3 4775005 or +64 21 2234169. Fax +64 3 4775447

——————————

From: Bev Butler
To: Doug Harvie [ORFU]
CC: Steve Hepburn [ODT]
Subject: RE: ORFU board responsible for paying the black tie dinner bill
Date: Fri, 14 Mar 2014 09:43:19 +1300

Dear Doug

Saying that “ALL creditors have been satisfied in full, in one way or another” is not the same as saying that all creditors have been PAID in full.
I know it is uncomfortable for you to be reminded of this but it still does not excuse the ORFU from doing the decent thing and paying their obscene black-tie dinner given they already had the money but decided to pocket it instead.
How about showing some decency or goodwill towards those that bailed you out of your financial mess now that you are flush with $406,859 profit?

Yours sincerely
Bev Butler

[ends]

For more, enter the terms *orfu*, *dinner*, *jeremy curragh*, *bailout*, *martin legge*, *dia*, *pokies*, *jokers*, *ttcf*, or *pokie rorts* in the search box at left.

Posted by Elizabeth Kerr

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Carisbrook: Cr Vandervis elaborates

Comment received. See previous post.

DScene’s article today seems to have missed most points.
Feel free to use any of this email.

Cheers,
Lee

—— Forwarded Message
From: Lee Vandervis
Date: Mon, 04 Mar 2013 12:26:37 +1300
To: Wilma McCorkindale , EditorDscene
Conversation: Carisbrook offers.
Subject: FW: Carisbrook offers.

Hi Wilma and Mike,

I have sent and resent this email as below, and still have no response.
The 15 questions I had of the original deficient and leading Carisbrook Property report have been deleted below because they quote extensively from a non-public report.
What has been made public is the original report claim by DCC staff that ratepayers would only lose $100,000 on the proposed deal. This appalling untruth was ‘corrected’ as a result of my questioning of the report in a new set of figures so that we now know that the deal will result in losses of many millions. Just how many millions remains to be seen, and also depends on whether all the costs associated with purchasing Carisbrook and bailing out the ORFU are included.
I sent Bev Butler’s summation of losses as reported to staff for comment [as below] but have had no response to that either.

Councillors have a history of making bad enough decisions without staff giving them false figures and misleading reports on which to make decisions.
Strong evidence of other agendas and insupportable spin in much of our paperwork [the attempted Crematorium sale, and the Citibus sale were memorable examples] worsen a climate of distrust at the DCC and make reading masses of paperwork an exhausting suspicion-laden process.
Significant staff re-structuring is necessary if we are to change what has been a too long established culture of the DCC bureaucratic tail wagging the elected dog.

Kind regards,
Lee

—— Forwarded Message
From: Lee Vandervis
Date: Wed, 27 Feb 2013 13:55:28 +1300
To: Mayor Cull
Cc: Paul Orders , Sue Bidrose , Sandy Graham
Conversation: Carisbrook offers.
Subject: Re: Carisbrook offers.

Resent 27/02/13.

On 22/02/13 2:33 PM, “Lee Vandervis” wrote:

Dear Dave,

My extreme disappointment in staff misrepresentation of the Carisbrook offers [see initial questions asked of original leading report below] continues with the daily dissemination of apparently motion 4 “That the CE be authorized to work with the purchaser on a suitable media statement.”

In particular, your statement reported in the DScene that “There are details in there but as far as I’m concerned its a sale” is not factual. At best this agreement is for an option on Carisbrook in favour of Calder Stewart.
An option is very far from a sale.
You go on to add that “Many sales of property have conditions and this one is no different from that”. In fact this option agreement is different from most sales of property in that the purchaser does not have to put up any money, has no obligations and effectively is given 4 months to carry out an on-sale process which ratepayers have already paid [City Property] in the first instance, and Colliers Realtors subsequently to undertake. The 4 month due diligence period with no cash or obligation on the part of the option-holder is very unusual, especially when I have subsequently been advised that Calder Stewart were recently chased for this deal and had not even got round to viewing the property prior. After so many years why the sudden rush?

I have posed many Carisbrook proposal questions, some of which remain unanswered.
In particular, I still do not know if Murrayfield St is part of the Calder Stewart option, despite twice asking Robert [Clark].
I have had no explanation for the nature of the $200,000 value accruing to ratepayers from a rapid 6 month demolition, especially given the years of sales process procrastination.
I do not know whether all Carisbrook holding costs have been fully detailed – eg costs of valuations [I believe there have now been 3 of these] marketing costs etc.
I am still waiting to see all the valuations which ratepayers have paid for, for Carisbrook.

To date I have refrained from correcting public misrepresentations of the Carisbrook offer process, but continuing misrepresentation not only deceives the public but makes me complicit in this deception.
In my opinion immediate public release of all related documents is now necessary, given that most of it has been leaked anyway.
If this is not to happen, I feel duty bound to ratepayers to make correcting public statements and to explain my apparent inaction regarding this unfortunate spawn of misrepresentation.

Looking forward to any suggestions you may have.

Kind regards,
Lee

—— Forwarded Message
From: Lee Vandervis
Date: Fri, 22 Feb 2013 13:06:17 +1300
To: Paul Orders , Sue Bidrose , Sandy Graham
Conversation: Carisbrook sale?
Subject: Carisbrook sale?

Hi Guys,

Have you all seen this on What If, and can you dispute any of the figures?

Cheers,
Lee

Bev Butler
February 20, 2013 at 8:43 am
The Mayor seems confused over the $2m loan.
Maybe the figures below may clear things up.
They are as close as I can get based on the information in the media – there may be some slight discrepancies give or take a few hundred thousand.

Costs to DCC ratepayers for ORFU loan and Carisbrook
$2m loan to ORFU
$7m purchase of Carisbrook
$860,000 debt servicing, rates, electricity
$480,000 ORFU rent that was never paid to DCC and DVML (includes unpaid bill for ORFU booze up)
$250,000 contamination cleanup of carpark
$60,000 undisclosed?
TOTAL: $10,650,000 cost/debt

Payments received to date
$2m loan repayment
$727,000 sale of half carpark
$692,000 sale of houses
TOTAL: $3,419,000

TOTAL LOSS TO DATE: $7,231,000

It has been reported that a conditional agreement exists for Calder Stewart to buy Carisbrook for $3.3m. It has also been reported that the DCC will be involved in the development and that more money will be required by DCC.
Until details of the conditional agreement are released the public will not know how much of the $3.3m the DCC will eventually receive.

The minimum loss on Carisbrook is already over $4m but potentially may end up over $7m!

Bev Butler
February 20, 2013 at 10:42 am
Four months ago (9/11/12 see link below) it was reported in the ODT that the sale of Carisbrook would cover the $7m+ debt. Robert Clark went further than this claiming they hoped to make a profit. Where things stand at the moment the council has lost over $7m on the ORFU ‘deal’ and depending on how much cash Calder Stewart comes up with the so-called ‘deal’ will not be reduced below a $4m loss. This is why Russell and I have approached the Auditor General’s Office. How can a $7m registered valuation result in a minimum $4m loss and potentially be higher than $7m?

http://www.odt.co.nz/news/dunedin/233986/hopes-sale-carisbrook
Asked if he [Robert Clark] hoped the sale of Carisbrook, once complete, would cover whatever debt remained, Mr Clark said: “I’m looking to achieve more than that.”

—— End of Forwarded Message

Posted by Elizabeth Kerr

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Filed under Business, DCC, Economics, Media, Name, ORFU, People, Politics, Project management, Property, Site, Sport, Stadiums, What stadium

Carisbrook: Question obfuscating mayor and council #rugby

Carisbrook 3newsImage: 3news.co.nz

Register to read DScene online at
http://fairfaxmedia.newspaperdirect.com/

### DScene 6 Mar 2013
Rant or rave – your say (page 7)
All sport, no balls
DScene (27/2/13) asks: ‘Who will be accountable for ratepayers stumping up $7m to buy Carisbrook when a documented valuation put the historic sports ground’s value at $2.5m?’
The simple answer, according to Mayor Dave Cull, is, ‘no one’.
Dave Cull has no concerns that the later, more upbeat valuation of $7m – designed to eliminate the ORFU’s debt and the burden of owning Carisbrook – was a commercial connivance done, on behalf of the ORFU, by the DCC. Isn’t it the job of the Mayor and his council to protect public money on behalf of all our citizens?
Isn’t it their job not to be cowered by a powerful cabal, protecting its own interests, above those of the whole city? Are we now hostages to threats of causing the financial ruin of Otago rugby, and the stadium, if we don’t provide an open cheque book, ad infinitum?
The council, despite having an observer on the ORFU, and having a continuing role in underwriting the financial future of the ORFU/ stadium, is still not privy to any ‘opening of the books’ by the ORFU, for public scrutiny, under the guise of ‘commercial sensitivity’. We pay up on trust.
It’s about time we all stood up to the council and demanded an end to this ongoing rort. Otherwise we only have ourselves to blame for a deteriorating financial system that ultimately we all pay for through our rates.
I urge Dave Cull and his council to get some testicular fortitude and stand up for us.
Peter Attwooll, City Rise
#bookmark

### DScene 6 Mar 2013
Questions over Carisbrook (page 3)
By Wilma McCorkindale
Dunedin city councillor Lee Vandervis has demanded satisfaction regarding what he describes as repeatedly unanswered questions surrounding the sale of Carisbrook. Vandervis remains livid that figures in a Carisbrook property report to the last council meeting had to be rewritten at the eleventh hour because they were deficient. He said he still had questions around the figures and had submitted them to staff and mayor Dave Cull many times. ‘‘And I haven’t got answers to all of them yet.’’ On top of that Vandervis was concerned about statements Cull was making in the media about the sale of Carisbrook. Vandervis disagreed with some of the perceptions Cull was giving. Cull rejected the criticisms. Figures in the Carisbrook report had not been incorrect, rather incomplete, he said.
{continues} #bookmark

Posted by Elizabeth Kerr

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Filed under Business, DCC, Economics, Media, Name, ORFU, People, Politics, Project management, Property, Site, Sport, Stadiums, What stadium

Again: Oh, Mr Curragh… [emails]

From: bevkiwi@hotmail.com
To: jcurragh@xtra.co.nz
CC: hamish.mcneilly@odt.co.nz; murray.kirkness@odt.co.nz; craig.page@odt.co.nz
Subject: The ORFU scandal, missing trust monies and reported fraudulent activities
Date: Sun, 27 May 2012 21:39:11 +1200

Sunday 27th May 2012

Dear Jeremy

You have still not responded to my emails dated Sunday 20th May and Wednesday 23rd May 2012.
This is not a good look as I was expecting some reassurance from you, as the ORFU change manager, re perceived financial irregularities of ORFU.
To date, you have chosen not to name the trusts involved in the missing money, you have given no reassurance that the ORFU were not trading illegally while insolvent, you have offered no public apology to the amateur rugby clubs who have missed out on receiving the public money the ORFU applied for, you have offered no explanation how you see nothing illegal about spending public money on unauthorised purposes, you have offered no explanation why the ORFU did not pay their $25,352 DVML party/booze bill, pocketing $52,000 from the event then continuing to hock up other bills around town.

Now we have a report from the Department of Internal Affairs (DIA) website and ODT that “an elderly man who ripped off pokies community grants to the tune of $605,550 has been sentenced to community detention”. Judge Charles Blackie called the case a “very elaborate scam”. There appear to be a number of similarities in this case and the ORFU case.

I will outline the similarities as follows:

1. Counties Manukau Bowls (CMB)
The DIA found numerous fraudulent grant applications to gaming machine societies from Counties Manukau Bowls (CMB), an umbrella organisation for south Auckland bowling clubs. Noel Henry Gibbons implemented a scheme in which constituent clubs or CMB would invest indirectly in hotels where poker machines operated so that, in turn, those clubs could benefit from grants of pokies proceeds.
Otago Rugby Football Union (ORFU)
In the SST it was recently reported that the ORFU had invested in three South Auckland bars and were siphoning money over a few years to the tune of $5m.

2. Counties Manukau Bowls (CMB)
Gibbons also applied for grants from gaming machine societies for bowling machine maintenance, using the money to illegally repay loans for the purchase of hotels.
Otago Rugby Football Union (ORFU)
The ORFU have been spending monies from unnamed trusts for unauthorised purposes. This has occurred on many occasions and the money has gone ‘in the pot’.

3. Counties Manukau Bowls (CMB)
Judge Blackie said Gibbons knew he acted dishonestly each time he made a false application at the expense of the community.
Otago Rugby Football Union (ORFU)
I do not have any information re false applications except that the ORFU continued to make applications to unnamed trusts and used this public money for unauthorised purposes.
The black-tie dinner also has similarities in that the ORFU deliberately ran off without paying their $25,352 DVML bill whilst pocketing $52,000 into their own pot.

Jeremy, you have not offered any assurances as outlined above and in my previous emails nor have you indicated whether you have reported the ORFU irregularities to the appropriate authorities.

Yours sincerely
Bev Butler

Related Posts and Comments:
26.5.12 DIA media release
23.5.12 Latest: Oh, Mr Curragh… [emails]
20.5.12 Update: Oh, Mr Curragh… [emails]
18.5.12 Oh, Mr Curragh… [emails]
11.5.12 Dunedin shootout: mafia bosses
2.5.12 Ratepayers pay for ORFU black tie dinner at stadium
1.5.12 ORFU’s draft constitution
29.4.12 Department of Internal Affairs, the gambling authority
22.4.12 DIA, OAG, TTCF and Otago Rugby swim below the line
31.3.12 Rob Hamlin: The ORFU’s small creditors: If I was one of them…
23.3.12 ORFU position
15.3.12 Message To ORFU Creditors, if you want to see your money
9.3.12 DCC considers writing off ORFU’s $400,000 debt
2.3.12 Demand a full independent forensic audit of ORFU

Posted by Elizabeth Kerr

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ORFU board announced

Does this cancel the defamation suit against the mayor of Dunedin, since everyone on the board is feeling competent now and the stars will shine as if from heaven?

### ODT Online Thu, 24 May 2012
New ORFU board unveiled
By Hayden Meikle
It has taken a lot longer than expected but a new-look Otago Rugby Football Union board has been unveiled. As revealed in the Otago Daily Times earlier this week, the board members are Doug Harvie, Keith Cooper, Simon Spark, Kelvin Collins, Andrew Rooney and John Faulks. Harvie will be chairman and Cooper will be deputy chairman. Rooney and Faulks survive from the previous board.

█ The recovery package involved the NZRU providing a long term loan for working capital of $500,000 and Dunedin City Council writing off debt of $480,000. In addition, costs have been cut and additional sponsorship arranged.

█ Almost $500,000 has been raised to allow the union to settle with creditors. A total of 156 non-profit organisations and other creditors who are all owed less than $5,000 will be paid in full. The remaining 24 creditors will be repaid the first $5,000 and half of what they are owed above that. The repayments are due to be made by the end of the month.
Read more

Posted by Elizabeth Kerr

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New board for ORFU not formed, deadline shifts for bailout

### ODT Online Wed, 23 May 2012
Rugby: Wait for new ORFU board continues
By Steve Hepburn
The wait continues. The new board of the Otago Rugby Football Union was not named yesterday as expected as negotiations drag on over an agreement between parties involved in the bail-out of the union. The union came to an agreement with its major creditors in March to stave off liquidation and that agreement was to be finalised by the middle of this month. But contracts were still being worked on by parties and had not been signed off by yesterday.
Read more

QUESTION In light of revelations about the ORFU’s unauthorised use of funds received from charitable trusts to solve its liquidity problems, and if the ORFU has been trading while insolvent, is the Dunedin City Council reconsidering its position in regards to the ORFU bailout package? It should, the Council owes ORFU nothing.

Related Posts:
23.5.12 Latest: Oh, Mr Curragh… [emails]
22.5.12 Join ORFU board, without forensic audit to show how millions…
20.5.12 Update: Oh, Mr Curragh… [emails]
18.5.12 Oh, Mr Curragh… [emails]

Posted by Elizabeth Kerr

30 Comments

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NZRU-appointed change manager talks

Grants for sport are a legitimate authorised purpose under the Gambling Act, but grants could not be used to pay for professional sport.

### ODT Online Wed, 23 May 2012
Grants meant for amateur rugby used to pay ORFU creditors
By Hamish McNeilly
Grants earmarked for the amateur rugby game were used by the Otago Rugby Football Union to pay creditors, New Zealand Rugby Union appointed change manager Jeremy Curragh has confirmed. He said yesterday all pokie grants received within the last financial year had been accounted for, with $65,000 to be returned to trusts as the money was not spent on its authorised purpose. In one example, a $25,000 grant from a local trust was supposed to have been paid to the Dunedin City Council for ground rentals for club and school matches, but was instead used by the union to pay other creditors.

Staff had applied for grants while the union was fighting off liquidation, as there always was the “intention they can avoid liquidation”.

Read more

Posted by Elizabeth Kerr

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Latest: Oh, Mr Curragh… [emails]

From: bevkiwi@hotmail.com
To: jcurragh@xtra.co.nz
CC: hamish.mcneilly@odt.co.nz; murray.kirkness@odt.co.nz; craig.page@odt.co.nz
Subject: The ORFU scandal and missing trust monies
Date: Wed, 23 May 2012 09:14:36 +1200

Wednesday 23rd May 2012

Dear Jeremy

You have still not responded to my email below dated Sunday 20th May 2012.

The front page news in today’s ODT now brings up further concerns.
1. It is reported that the ORFU misappropriated not just $25,000 from one trust but has now owned up to $65,000 missing from a number of trusts.
What are the names of these trusts and why has this not been reported? The ORFU is not being upfront in naming these trusts.
Has the ORFU put any pressure on these trusts to remain silent? This is public money missing and is incumbent on the ORFU to come clean and name these trusts.
Until these trusts are named there is no way the ORFU can be made accountable for any present repayments to those trusts.
Is there other money missing from other trusts not yet owned up to by the ORFU?
2. It is now clear that the ORFU were trading while insolvent – that is why they used the trust money for unauthorised purposes.
It is reported that ORFU staff applied for grants while the union was fighting off liquidation as there always was the “intention they can avoid liquidation”. This contradicts your following statement “However, no grant would have been banked or received if liquidation was an issue…..”
3. I note in today’s ODT report that the ORFU offer no apology to the club rugby for missing out on these monies. I note the ORFU in their arrogance offer no apology to the public for the misappropriation of this public money. The ORFU offer no remorse just your comment of “it has not been ideal the way Otago has treated the grants”. That is an understatement.
You are then quoted as saying: “There is nothing illegal other than (money didn’t go) where it should have.” This appears to be minimising the problem. Now we have been caught out we will pay it back. Sorry, Jeremy, this is not good enough. Please explain how you see nothing illegal about spending public money on unauthorised purposes.
The trust money was for amateur sport and they did not receive that money. It is illegal under the Gambling Act for trust money to be spent on professional sport.
4. As a Dunedin ratepayer, I am appalled at the ORFU hocking up their DVML $25,352 party/booze bill, pocketing $52,000 from the event, and then refusing to pay the bill. They then continue to hock up further bills around town. The sheer arrogance of these actions is reprehensible.

I have received a few calls from rugby supporters concerned about the financial irregularities apparent in the ORFU. These strong rugby supporters, one of which has been involved with club rugby for many years, have expressed their abhorrence of the actions of the ORFU.
I do expect a reply to my previous email as well as this one as it is a public issue.

I have blind copied other interested media.
http://www.odt.co.nz/news/dunedin/210293/grants-meant-amateur-rugby-used-pay-orfu-creditors

Yours sincerely
Bev Butler

Related Posts:
20.5.12 Update: Oh, Mr Curragh… [emails]
18.5.12 Oh, Mr Curragh… [emails]

Posted by Elizabeth Kerr

2 Comments

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Update: Oh, Mr Curragh… [emails]

From: bevkiwi@hotmail.com
To: jcurragh@xtra.co.nz
CC: murray.kirkness@odt.co.nz; craig.page@odt.co.nz; chris.morris@odt.co.nz; hamish.mcneilly@odt.co.nz
Subject: FW: ORFU $25,000 received from a trust for DVML
Date: Sun, 20 May 2012 08:47:34 +1200

Sunday 20th May 2012

Dear Jeremy

Thank you for your response dated Saturday 19th May 2012.

1. On what date did ORFU put a halt on its trading?
2. The fact that the ORFU were paying other creditors with the $25,000 public money from a trust appears to indicate that the ORFU may have been trading while insolvent.
Given that the ORFU were redirecting monies from a trust for purposes other than intended then was the ORFU trading while insolvent?
It is also clear that the trust still has not been refunded yet – though the issue is also that the money should never have been used for anything other than what it was intended. This is misappropriation of public money and, as the ORFU change manager, surely it is your responsibility to report this to the appropriate authorities.
3. You still have given no explanation as to why the ORFU put $52,000 ‘in the their pot’ from their Black-tie dinner (5th August 2011) without paying their $25,352 bill to DVML. Again this is public money and needs to be accounted for.
4. It is appropriate that this is addressed in the media as it is clear that the ORFU have no intention of publically[sic] holding themselves to account.
5. You still have not answered whether you as change manager having access to the ORFU books would support a forensic audit. If you have no concerns whatsoever then I would expect that you would say so.
6. Jeremy, I do appreciate that this growing ORFU scandal is not of your doing.
However, as change manager, you do have a responsibility to report any financial irregularities that have come to your attention to the appropriate authorities . Not doing so leaves you open to allegations of complicity in this scandal.
You have now become aware of the $25,000 public money misappropriated from a trust, the $25,352 public money also misappropriated from DVML and the $5m of pokie money siphoned from South Auckland pokie machines by ORFU. Has the ORFU opened their books completely to allow you to see money in their other trusts?
If not, I would advise you to not allow yourself to become their fall guy.
As I said in an earlier email truth is the safest option.
7. Jeremy, you say in this latest email that this spending of monies from the trust ‘did not get spent on the authorised purpose’. You then go on to say: “This has happened on a number of occasions due to ORFU facing cashflow problems”. This term ‘cashflow problems’ seems to indicate that the ORFU have indeed been trading while insolvent. I suggest that it was not a ‘cashflow problem’ but rather an ‘insolvency problem’ which needs to be reported. This has happened on a number of occasions and obviously over a period of time before the ORFU announced their intention to seek voluntary liquidation. So, how long has the ORFU been not spending monies from trusts on the authorised purpose? If the ORFU are so broke they should not be applying for money from trusts knowing that they will not be spending the trust money on the authorised purpose.

Yours sincerely
Bev Butler

From: jcurragh@xtra.co.nz
To: bevkiwi@hotmail.com
CC: murray.kirkness@odt.co.nz; craig.page@odt.co.nz; chris.morris@odt.co.nz; hamish.mcneilly@odt.co.nz
Subject: RE: ORFU $25,000 received from a trust for DVML
Date: Sat, 19 May 2012 19:25:35 +1200

Dear Bev

The $25,000 was spent on other creditors as has been explained in earlier reports. These monies will need to be refunded to the trust as they did not get spent on the authorised purpose.
This has happened on a number of occasions due to ORFU facing cashflow problems. All monies not spent as authorised will be refunded to the respective trust.
The money is not “missing” rather it was used to pay other creditors.
As has been widely publicised the ORFU put a halt on it’s trading as soon as it became aware of the seriousness of the financial situation.
If anyone has evidence that warrants a forensic audit then this should be passed to the relevant authorities. This is the appropriate channel rather than through the public domain.
I have cc’ed everyone on this e mail

Jeremy Curragh

Related Posts:
18.5.12 Oh, Mr Curragh… [emails]
11.5.12 Dunedin shootout: mafia bosses
2.5.12 Ratepayers pay for ORFU black tie dinner at stadium
1.5.12 ORFU’s draft constitution
29.4.12 Department of Internal Affairs, the gambling authority
22.4.12 DIA, OAG, TTCF and Otago Rugby swim below the line
31.3.12 Rob Hamlin: The ORFU’s small creditors: If I was one of them…
23.3.12 ORFU position
15.3.12 Message To ORFU Creditors, if you want to see your money
9.3.12 DCC considers writing off ORFU’s $400,000 debt
2.3.12 Demand a full independent forensic audit of ORFU

Posted by Elizabeth Kerr

8 Comments

Filed under Business, DCC, DVML, Economics, Events, Media, ORFU, People, Politics, Project management, Sport, Stadiums

Oh, Mr Curragh… [emails]

Correspondence received.

From: bevkiwi@hotmail.com
To: jcurragh@xtra.co.nz
CC: murray.kirkness@odt.co.nz; craig.page@odt.co.nz; chris.morris@odt.co.nz; hamish.mcneilly@odt.co.nz
Subject: RE: ORFU $25,000 received from a trust for DVML
Date: Fri, 18 May 2012 09:38:07 +1200

Friday 18th May 2012

Dear Jeremy

Thank you for your response to my second email, dated Wednesday 16th May 2012, where you confirm the ORFU failed to pay the $25,000 to the DCC.
You have, however, not explained where the $25,000 went to. You admit it did not go to the DCC for ground rentals, as was intended by the unnamed trust, but no explanation is offered as to what happened to this public money. Even if, as you say the DCC has “written it off” it still does not explain where that money went to.
As change manager it is your responsibility to find this missing $25,000.
I note that you have not answered my request as to whether you would support a forensic audit of the ORFU to find this missing $25,000 along with other unanswered financial irregularities.
Especially given that you don’t seem to have found the missing $25,000, which amounts to an admission that it is missing, can you give any re-assurance that the ORFU were not trading while insolvent?

I note that you also have not responded to the queries I had in my email dated Thursday 17th May (copied below for your convenience) namely:
As change manager you have had access to the ORFU’s books so I repeat my request: Do you support a forensic audit of the ORFU? If not, why not? And, have you found the missing $25,000?
Why did the ORFU put $52,000 ‘in the pot’ and not pay their $25,352 bill to DVML for the Black-tie dinner?

I have blind copied this email to other interested media.

Yours sincerely
Bev Butler

——————————–

From: jcurragh@xtra.co.nz
To: bevkiwi@hotmail.com
CC: murray.kirkness@odt.co.nz; craig.page@odt.co.nz; chris.morris@odt.co.nz; hamish.mcneilly@odt.co.nz
Subject: RE: ORFU $25,000 received from a trust for DVML
Date: Wed, 16 May 2012 12:25:10 +1200

Thanks for your letter and apologies for the delay.
There have been no grants made by ORFU to fund any DVML costs.

The ORFU have received grants to pay for DCC ground rentals which maybe what you are referring to. This relates to ground rents which are used for club and school rugby games as well as club and school rugby trainings. This is for approximately $25,000 pa.

As per earlier media reports I can confirm this amount was not paid to the DCC and is included in the $400k written off by DCC.

I hope this clarifies the situation

Jeremy Curragh

——————————–

From: bev butler [mailto:bevkiwi@hotmail.com]
Sent: Wednesday, 16 May 2012 11:15 a.m.
To: Jeremy Curragh
Cc: murray kirkness; craig page; chris morris; hamish.mcneilly@odt.co.nz
Subject: FW: ORFU $25,000 received from a trust for DVML

Wednesday 16 May 2012

Dear Jeremy

You have not responded to my email below.
Where is the $25,000 paid from a trust to the ORFU?
It never reached DVML as was the intention.
This is public money and needs to be accounted for.

Would you as change manager support the call for a forensic audit of the ORFU given that now you have had many months to establish the financial situation?

I have copied this to the ODT as they first reported about this missing $25,000 and I have blind copied other interested media.

Yours sincerely

Bev Butler

Thursday 17 May 2012

Dear Jeremy

You still have not responded to my emails below.
It is now reported in today’s ODT(see below) that the “TTCF’s relationship with ORFU is alleged to have been behind the more than $5m in grants given to the cash-strapped union”.
Also in the report it states that the Office of the Auditor-General was keeping in touch with Internal Affairs over this issue.
Added to this is the previous report in the ODT(see below) that $25,000 granted by an unnamed trust to ORFU never reached the DCC.
And finally, the Office of the Ombudsman is investigating DVML’s part in the ORFU’S Black-tie dinner.
As change manager you have had access to the ORFU’s books so I repeat my request: Do you support a forensic audit of the ORFU? If not, why not? And, have you found the missing $25,000?
Why did the ORFU put $52,000 ‘in the pot’ and not pay their $25,352 bill to DVML for the Black-tie dinner?
I have found that if one sticks to the facts and the truth then one has nothing to fear. You have been appointed as a change manager to set things right and yet you are not responding on this issue. Why?

I have blind copied this to interested media.

Yours sincerely
Bev Butler

{The full text of the news story (ODT 17.5.12) is attached to the email, along with another news item (ODT 9.3.12) – we provide the weblinks here. -Eds}

http://www.odt.co.nz/news/dunedin/209536/pokies-trust-under-scrutiny
http://www.odt.co.nz/sport/rugby/200707/orfu-queries-over-pokie-grants

——————————–

From: bevkiwi@hotmail.com
To: jcurragh@xtra.co.nz
Subject: ORFU $25,000 received from a trust for DVML
Date: Sun, 13 May 2012 13:26:52 +1200

Sunday 13th May 2012

Dear Jeremy

You may recall I met you in the public gallery at the DCC council bailout meeting back in March.
I asked you if you had been able to locate the $25,000 paid to the ORFU by a trust for the purposes of venue hire from DVML.
You said you hadn’t found it yet and were still looking into it.
My query is, have you now been able to locate it?
As a ratepayer it is actually money owing to me so I really do have a financial interest in your finding it.
Thank you.

Yours sincerely

Bev Butler

[ends]

Related Post and Comments:
2.5.12 Ratepayers pay for ORFU black tie dinner at stadium
29.4.12 Department of Internal Affairs, the gambling authority
22.4.12 DIA, OAG, TTCF and Otago Rugby swim below the line
17.4.12 ORFU still owes small creditors ($687,000), DCC ($480,000+), NZRU ($500,000) and BNZ ($1,200,000)

Posted by Elizabeth Kerr

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Filed under Business, DCC, DVML, Economics, Events, Media, ORFU, People, Politics, Project management, Sport, Stadiums

RESIGN: Placard Monday’s city council meeting

Call goes out – from the Citizens

Dunedin City Council meeting
Monday, 14 May 2012, 1.00 PM
Council Chamber, Municipal Chambers

[Agenda and Reports]

A lot of media will be at Monday’s 1pm Council meeting.

This is an opportunity to put pressure on pro-stadium councillors to RESIGN.

As many people as possible are invited to attend this meeting with signs demanding pro-stadium councillors RESIGN.

A simple sign with resign on would do: RESIGN

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Farry’s CST overspends budget by 46%

They spent $5.4 million on their own activities, as opposed to a budget of $3.7 million.

Comment received from Rob Hamlin
Submitted on 2012/05/12 at 3:47 pm

The critical part of the PWC report is given below. A deeply buried nugget on page 28 (of 43). As PWC note, the overruns excluding interest amounted to 206.4 – 198 = 8.4 million dollars – an overrun of around 4%. Which as PWC point out, is not that bad by the standards of such things.

However, 20% of this total is accounted for by budget overspend related to the Carisbrook Stadium Trust’s own internal activities. They spent $5.4 million on their own activities, as opposed to a budget of $3.7 million, an overspend of 46% of budget – as opposed to the rest of the project, which overspent by 3% once the CST’s contribution to the overall overspend is removed.

In addition, the reasons for the overspend in the other areas is covered in some detail in the other sections of the report and are fairly easy to understand (if not necessarily to agree with). The CST’s blowout contribution is different, with no real reason for this overspend appearing in the passage below. They were given a budget – they blew it – Why? PWC is silent – read on…

Posted by Elizabeth Kerr

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SUNK Stadium: TOO MUCH ratepayer money going west STOP

Garrick Tremain – 11 May 2012


The point is $224 million is not the TRUE COST. It is FAR HIGHER. Dunedin City Council must stop all OBFUSCATION. Open the books to a full independent forensic audit of the council and related entities NOW.

Meantime, close the stadium to stem the losses.

### ODT Online Fri, 11 May 2012
Budget blowout pushes stadium cost to $224m
By Chris Morris
The final cost of the Forsyth Barr Stadium has risen to $224 million, after independent auditors uncovered a budget blow-out of more than $8 million, it has been confirmed. The findings showed the stadium’s capital cost had risen by $8.4 million, from $198 million to $206.4 million. Interest accrued during the stadium’s entire construction period, as loans began to be drawn down, also hadn’t been included in costs.

The $8.4 million overspend meant costs exceeded budgets by 4.2%.

The PWC review did not seek to apportion blame, but findings had been passed to council chief executive Paul Orders, who told reporters he would study them “coolly and calmly”.
Read more

Posted by Elizabeth Kerr

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DScene reflects on DCC’s unholy mess

### D Scene 21 Mar 2012
Butler lifts lid on ‘deception’ (page 2)
By Wilma McCorkindale
Stadium opponent Bev Butler has handed confidential project papers to council commissioned auditors in her bid for a major inquiry into Dunedin’s stadium project. Butler has passed previously withheld information to a PricewaterhouseCoopers forensic auditing team reviewing variances in stadium completion costs identified by the Dunedin City Council (DCC) earlier this month.
{continues} #bookmark

****

Fury over bail-out of ORFU (page 3)
By Mike Houlahan
The Otago Rugby Football Union ‘‘desperately’’ needed to be put in to liquidation so it could be properly audited, Cr Lee Vandervis says. Vandervis was one of five Dunedin City councillors who voted against approving a bail-out of the cash-strapped ORFU in an extraordinary council meeting last Wednesday. […] The DCC’S decision came after a marathon night meeting and sparked immediate outcry. Council offices were flooded with angry calls and emails, and D Scene understands councillors who voted in favour have received abusive messages.
{continues} #bookmark

****

We’re rugby-mad but not in a good way (page 7)
By Mike Houlahan – Editor
As the Otago Rugby Football Union faced liquidation, a lot of rhetoric was heard about a ‘‘proud rugby province’’ and the depth of feeling Otago had for the game. Otago, people said, could not be left in the lurch. Otago rugby administrators got caught up in the spirit. ORFU president Wayne Graham – a man who had looked aghast on February 27 when revealing the union’s plight – seemed stunned last Wednesday when interviewed on Campbell Live at 7pm. He thought the rescue package Dunedin City Council was weighing up at that moment was so good that they would sign the deal in half an hour, and seemed perplexed they were still thinking about it.
{continues} #bookmark

****

Opinion (page 8)
The truth, the whole truth . . .
By Bev Butler
It is expected that every large project undertaken by a council will require extensive consultation with all ratepayers but the crucial element missing from consultation in this case [the stadium] was the requirement to adhere to the principles of good faith – openness and transparency – during the consultative process. It was that failure by the DCC to truly listen and act to placate the genuine concerns held by so many that draws the inevitable conclusion that the DCC totally failed to act in accordance with the Local Government Act 2002.
{continues} #bookmark

Register to read D Scene online at
http://fairfaxmedia.newspaperdirect.com/

Posted by Elizabeth Kerr

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‘The final cost of the stadium is … unknown.’

UPDATED

### ODT Online Fri, 24 Feb 2012
Multimillion dollar uncertainty over final stadium cost
By David Loughrey
Six months after the project finished, the Dunedin City Council today admitted it still had questions about the figure, and would fund a $55,000 independent review of the issue. Mayor Dave Cull said the amount in question was ”in the millions” but ”not in the tens of millions”. He would not speculate on what the final cost may be. A team from the Auckland office of PricewaterhouseCoopers would arrive in the city next week to undertake the review, which the DCC says will be funded “from existing DCC budgets”.
Read more + Video

****

Carisbrook Stadium Trust chair Malcolm Farry declared it had been completed on time and within budget. Mr Cull says that statement is now in doubt.

### radionz.co.nz Fri, 24 Feb 2012 Updated at 12:27 pm today
Irregularities found in stadium accounts
Dunedin City Council has appointed accountants to review the costs of the city’s new stadium because of irregularities in the project’s final accounts. Mayor Dave Cull and the council’s chief executive made the announcement on Friday morning. They say the council has identified money spent that it cannot account for so it has appointed PricewaterhouseCoopers to independently review the whole project. Mr Cull said he did not know how much the overrun was, but indicated it was likely to be millions of dollars.
Read more

****

### stuff.co.nz Last updated 12:12 24/02/2012
Probe into Dunedin stadium costs
By Wilma McCorkindale
The Dunedin City Council (DCC) had called in independent PricewaterhouseCoopers (PWC) investigators after a report tabled Monday from new council chief executive Paul Orders on the likely final cost of the stadium, Cull said. The mayor was refusing to elaborate on what aspect of Orders’ report has initiated the Council action, saying all involved with the project are under scrutiny.
Read more

****

Dunedin City Council media release

****

### ODT Online Sat, 25 Feb 2012
DCC in stadium cost bid
By David Loughrey

A “whole gamut” of parties would be interviewed. -Paul Orders

A team of independent reviewers from PricewaterhouseCoopers will arrive in Dunedin next week seeking answers to multimillion-dollar questions concerning the final cost of the Forsyth Barr Stadium. Dunedin Mayor Dave Cull yesterday announced a $55,000 review of the stadium’s final cost, amid concerns about “questions that remain unanswered”, six months after the facility was built. The review team would arrive in Dunedin from Auckland on Wednesday, and spend three weeks studying documents and interviewing “relevant parties”, including the project delivery team, the University of Otago, Hawkins Construction, Dunedin Venues Ltd and Dunedin Venues Management Ltd, quantity surveyors and others.
Read more + Video

****

### ODT Online Sat, 25 Feb 2012
Farry defends costs; Butler hails review
By Chris Morris

“We are in no doubt whatsoever that the [trust’s] agreed budget has been complied with, and there is no question about that.” -Farry

Carisbrook Stadium Trust chairman Malcolm Farry – the man who promised the Forsyth Barr Stadium would be built “on time and on budget” – insists he has delivered. That was despite Dunedin Mayor Dave Cull announcing an independent review of the stadium’s final cost yesterday, amid concerns the budget may have been blown by millions of dollars. Confirmation of the review by PricewaterhouseCoopers (PWC) was greeted as “wonderful news” by former Stop the Stadium president Bev Butler yesterday, although she hoped the examination would eventually go further.
Read more

****

### ODT Online Sat, 25 Feb 2012
Editorial: Big question still to be answered
While it most surely cannot be the intention, the latest delay in revealing the final costs of building Forsyth Barr Stadium can only lead to further speculation, innuendo and adverse publicity for the venue and the Dunedin City Council. For while it is imperative to “get it right”, from the beginning the most oft-asked questions about the project were how much it was going to cost – and who would pay. Definitive answers to these questions have been slow in forthcoming and this latest postponement will only fuel responses likely to range from resignation to frustration. This, after all, is a matter pertaining to the ratepayers and their pockets. It does not help matters that, having fended off inquiries as to these very matters over some months, at a meeting supposed called finally to reveal the figures, the council yesterday yet again demurred.
Read more

Posted by Elizabeth Kerr

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All we want for Xmas

is a forensic audit of DCC
Image ©2011 Elizabeth Kerr

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