Tag Archives: Infrastructure services

Christchurch City Council : Highly Dubious Entity #YaldhurstSubdivision

Subject: Ongoing Property Dispute at Yaldhurst Subdivision

Christchurch City Council held a full council meeting on 27 July 2017.

Readers, the CCC meeting video of Agenda item 26, about Yaldhurst Subdivision, is recommended viewing/listening.

Legal advice to Council is given by Rob Goldsbury, CCC Head of Legal Services – an atrociously lacklustre, unjust and obstructive performance.

The Council stupidly steps itself into (again!) the Constructive Fraud Action being progressed at the Christchurch High Court by Residents/Caveators of the Yaldhurst Subdivision. Although, we see that Councillors supposedly have no idea they’re already in it up to their eyeballs through the actions of Council staff and issues of non-compliance. Interesting.

Christchurch City Council Published on Jul 26, 2017
Christchurch City Council VIDEO
27.07.17 – Item 26 – Yaldhurst Village Subdivision – Dedication of Road – Sir John McKenzie Avenue

The video continues at about 1:26 after a preliminary silence [muted blue screen] – keep watching. The quality of picture is poor throughout. The discomfort of those seen in the public gallery is most perceptible.

Meeting Agenda and Unconfirmed Minutes follow here below – minus Attachment A, Yaldhurst Village Lots 601,613 Plan.

The Council did not vote unanimously.

The Halswell-Hornby-Riccarton Community Board motion was lost.

With the second motion, in short, the Council resolved that Lots 601 (residential) and 613 (commercial) on LT 448725 will be dedicated under Section 349 of the Local Government Act 1974 as a road, in order for the road to vest.

The resolution goes against the Residents’ private property rights.

See the previous post to refresh on the Residents’ situation.

Note, by the votes for, the dishonesty and incompetence present.

Note, by the votes against, the integrity of those supporting the Community Board and members of their community: the private property owners (the Residents), in their protracted, brave and courageous fight against an unjust malevolent council staff working in cahoots with unscrupulous developers.

Vicki Buck is a class act.
Rob Goldsbury, an utterly shameful man.

****

Christchurch City Council
Agenda

Notice of Meeting:
An ordinary meeting of the Christchurch City Council will be held on:

Date: Thursday 27 July 2017
Time: 10.05am
Venue: Council Chambers, Civic Offices,
53 Hereford Street, Christchurch

….

[agenda item]
Halswell-Hornby-Riccarton Community Board

26. Yaldhurst Village Subdivision – Dedication of Road – Sir John McKenzie Avenue ………. [page] 529

[the report]
Council
27 July 2017

Report from Halswell-Hornby-Riccarton Community Board  – 13 June 2017
 
26. Yaldhurst Village Subdivision – Dedication of Road – Sir John McKenzie Avenue

Reference: 17/733313
Contact: Richard Holland richard.holland@ccc.govt.nz 941 8690
 
Note that this report was left to lie on the table at the Council meeting on 6 July 2017.
 
1. Staff Recommendations
 
That the Halswell-Hornby-Riccarton Community Board recommend to the Council:

1. That Lots 601 (residential) and 613 (commercial) on LT 448725 will be dedicated under Section 349 of the Local Government Act 1974 as a road, in order for the road to vest.

2. Note that a Deed of Indemnity will be executed by Infinity Yaldhurst Limited which will indemnify and keep indemnified the Council from all actions, proceedings and claims made by any land owner in relation to the Council accepting the dedication of Lots 601 and 613 on LT 448725, as road.

3. Also note that the Council shall not be required to issue a Section 224(c) Certificate under the Resource Management Act 1991 in respect to Lots 601 and 613 on LT 448725 until all the safety audit requirements as specified by the Council, and included in the Variations of the subdivision consent, have been physically built to the Council’s satisfaction.

4. That the General Manager City Services be delegated authority to negotiate and enter into on behalf of the Council, such documentation required to implement the dedication.
 
2. Halswell-Hornby-Riccarton Community Board Recommendation to Council
 
Part A

That the Halswell-Hornby-Riccarton Community Board recommend to the Council:

1. Option 2 of the staff report, namely, That the Council not agree to a dedication process and inform Infinity Yaldhurst Limited to pursue the matter through the Courts in accordance with the Property Law Act.
 
2. That the Council agree to meet with the adjoining property owners to discuss options on a way forward regarding the Yaldhurst Village Subdivision.
 
Vicki Buck and Anne Galloway requested that their votes against the above decision, be recorded.
 
Attachments
There are no attachments for this report.
Continue reading

26 Comments

Filed under Baloney, Business, DCHL, Delta, District Plan, Events, Finance, Housing, Infrastructure, New Zealand, OAG, Ombudsman, People, Perversion, Pet projects, Politics, Project management, Property, Public interest, Resource management, SFO, Site, Town planning, Transportation, Travesty

Delta | Infinity | CCC staff collude to defeat Yaldhurst residents (again)

Yaldhurst Subdivision (former Noble Subdivision)

S T A T E ● O F ● P L A Y

Christchurch City Council is failing to ensure compliance with the subdivision consent and is then assisting the developer Noble/Delta – Infinity/Delta, to screw the Yaldhurst residents.

[click to enlarge]

****

About five of the affected Yaldhurst residents gave deputations to the full meeting of the Christchurch City Council on Thursday, 6 July 2017.

Prior to the meeting, the Infinity Joint Venture of which Delta is a majority partner (with its $13m gift investment from Dunedin City Council) had convinced CCC staff to sway Christchurch City councillors to vote for the dedication of private roads as opposed to vesting ownership in the Council. This in the attempt to first defeat land covenants the affected residents have over the property registered in 2003 to protect their inclusion in any subdivision. However, Land Information New Zealand (LINZ) cannot accept roads vesting in ownership with the Council when there are any encumbrances on the land – such as the residents’ covenants.

For the residents, Colin Stokes, at the council meeting, distributed to councillors a review of what CCC staff have done over the years.

Of course, as the facts flow they continue to entwine around Delta.

The residents are fighting to protect and enforce their rights in the subdivision consent; and to halt Delta and their Southern associates’ onslaught against them.

****

Received from Colin Stokes (Yaldhurst resident and caveator)
Wed, 12 Jul 2017 at 9:16 a.m.

Thanks for your ongoing support Elizabeth

Chris Hutching’s piece (The Press 10.7.17) is weak and void of facts that present our case.

● We have Land Covenants registered over all the land in 2003 to protect our inclusion in any subdivision – our specific Access Lot road has to be formed and vested to Christchurch City Council standards with CCC as a term of extinguishment of the covenants.
● The encumbrance on the land prevent vesting of roads as LINZ won’t allow roads to vest with the council with them on.
● Infinity/Delta behind closed doors with CCC staff came up with a scheme to dedicate the roads under old rules (not compliant with the RMA and the subdivision consent) so as to circumvent our covenant protection.
● The real story is that CCC is breaking rules and NOT requiring compliance with the subdivision consent so as to cheat the residents of their protection and their interests protected by that protection so as CCC and the developer can cut them out of the subdivision.
● CCC and the developer Noble/Delta – Infinity/Delta have taken conditions out of the consent, varied the consent, and permitted non-complying undersized infrastructure that makes our part of the subdivision impossible – specifically stormwater pipes and basins required on the lower lying developers’ land which is where the consent (and physical topography and site layout) requires our stormwater to go.
● CCC failing to enforce the conditions of the consent as the law requires means our Access Lot road cannot be formed, meaning we can not subdivide.
● Delta with the misuse of mortgagee powers passed the property to itself, or at least part of the property ($13.4m of an $18.35m “sale” = 73% of which $12.5m was left in the property in passing it to Infinity in the orchestrated “sale”).

[ends]

****

Prepared Summary and Review with subdivision plans as tabled at Christchurch City Council’s meeting (6 July), to assist understanding:

███ D 2017 07 04 Summary and Review of Circumvention of Covenants for Councillors Yaldhurst (16 pages)

1 Plan RMA92009135

2 Plan RMA92009135 hlite

The coloured plan shows the residents’ Access Lot between green lines going from Yaldhurst Rd and then dog-legging east to west. What is inside the yellow border is what is within the Subdivision Consent (note there is an internal yellow small 2 sites that are NOT in the consent – and 3 other of the residents’ lots in common ownership on the NS leg are not included in the consent).

It is this east west leg of the Access Lot that requires widened roading to enable the Lots each side to be subdivided pursuant to:-
– 2002 Agreements for sale and purchase (and 2008 further agreement)
– 2003 Registered Land Covenant Protection [see Summary and Review, page 1 para 2 for terms of extinguishment]
– 2009 Subdivision Consent (Condition 5 and stormwater Conditions for it 9.) [see Summary and Review, page 5 para 12]

The problem is
– the Security Sharing Joint Venture (Noble/Delta/Gold Band) SSJV designed and constructed their part of the subdivision such that it made the East West Access Lot owners (residents) parts of the subdivision impossible AND that the Council permitted this.

– Undersized stormwater infrastructure was corruptly installed without consent to NOT include the residents’ subdivisions (all the while falsely assuring residents it did).

– The stormwater is required to be on land the residents transferred to the developer in return for this stormwater and other provisions. It is required to be there for numerous reasons including physical and legal reasons;
* Residents transferred the land in return for this provision
* 2003 Land Covenants protect this land for that provision (required for the Access Lot Road to be formed and vested)
* 2009 The Subdivision Consent requires it to be on the developers’ land (Condition 9.5 which “disappeared”) [see Summary and Review, page 5 para 12 and page 10 email 16 Feb 2010]
* Residents that are part of that subdivision consent have the legal rights to the stormwater (s134 RMA) – the Council is refusing to enforce the conditions of the consent; and permitted the developer to NOT comply with the conditions.
* Land topography and layout physically requires it to go there. The land slopes High NWest to SEast Low

– Delta went ahead and constructed the infrastructure without legal consent – [see Summary and Review, page 10 email 22 Aug 2012]
* This is akin to a builder building a house without consent.
* Council failed to issue an abatement notice for works being complete without consent, and to non-complying standards.

For all the Council staff failings, and the consent holders and JV partners’ failings and corruption of making the residents parts of the subdivision impossible:-
– Delta/Infinity and Council staff are recommending to the Elected Council to vote to circumvent the residents’ Land Covenants so:-
* the residents roading and subdivisions will no longer be protected and will be impossible;
* the JV Infinity/Delta will make more profit by not having to comply with the conditions of the consent that requires the residents’ roading and inclusion (as above)
* Council staff “mistakes” and wrongdoing of permitting non-complying works and not enforcing the conditions of the consent (as required by law) will be covered up.

– Delta and DCC was the facilitator of transferring the property from the Delta/Gold Band/Noble Joint Venture to the Delta/Infinity Joint Venture.
– Delta (illegally) owned 67.5% of the 1st mortgage and controlled Gold Band through their Security Sharing JV.
– Delta’s assurances it had nothing to do with the mortgagee sale is a lie.
– Delta refused to allow Gold Band to accept offers to redeem the 1st mortgage (illegal under s102 & s103 Property Law Act).
– DCC refused to allow redemption of the 1st mortgage.
– DCC (and Delta) refused to accept assignment of the 1st mortgage when Colin Stokes and another (as parties with interests in the land entitled to redeem) offered it to them
* had they done, Delta could have registered about an additional $16m in agreements to mortgage they were sitting on
* all that was required in return was “our little road” which is a LEGAL REQUIREMENT of the subdivision consent in any event.

[ends]

As reported by The Press, the eight-year dispute involving the stalled Yaldhurst subdivision has now gone to mediation between the property owners and the developers.
The dispute has been aired in several High Court cases between the private landowners and the developers, which are continuing.

Related Post and Comments:
11.7.17 Delta has deep fingers into 8-year subdivision dispute at Yaldhurst

█ For more, enter the terms *delta*, *aurora*, *grady*, *luggate*, *jacks point*, *dchl*, *auditor-general*, *noble*, *yaldhurst* or *epic fraud* in the search box at right.

Posted by Elizabeth Kerr

This post is offered in the public interest.

17 Comments

Filed under Business, Construction, Corruption, DCC, DCHL, Delta, Democracy, Design, Dunedin, Economics, Education, Finance, Geography, Housing, Infrastructure, Media, Name, New Zealand, OAG, People, Politics, Project management, Property, Public interest, Resource management, Site, Stadiums, Town planning, Transportation, Travesty, What stadium

Asbestos contamination at Dunedin Railway Station

[womentravelnz.com]

There’s a new tenancy at the Dunedin Railway Station.

People working on the project had been told the whole underfloor area was safe to enter; that there was plastic down.

Turns out the plastic cover ran short, and a number of site workers had crawled across bare dirt, kicking up a lot of dust as they went – it was found the area had been contaminated with asbestos.

We understand workmen from several companies have been affected.

The Dunedin Railway Station is a council owned property. Affected sitemen have since had their names added to the WorkSafe Asbestos Exposure Database; and Health and Safety meetings have been called to review safety drills and gear provision.

It appears a few people have slipped up along the ‘food chain’ of managerial responsibility for the workers, starting with DCC management (the building owner).

We hear DCC is now paying for workers to be educated on what protection gear they must wear on exposed asbestos worksites.

Related Post and Comments:
19.6.16 Thoughts on ODT Insight : Chris Morris investigates Asbestos plague

Posted by Elizabeth Kerr

This post is offered in the public interest.

9 Comments

Filed under Architecture, Business, Construction, DCC, Democracy, Design, Dunedin, Economics, Education, Events, Health & Safety, Heritage, New Zealand, People, Politics, Project management, Property, Public interest, Site, Tourism, What stadium

Delta has deep fingers into 8-year subdivision dispute at Yaldhurst

Blind Justice (detail) by Beeler – Columbus Dispatch 2016 [caglecartoons.com]

****

### Stuff.co.nz Last updated 17:37, July 10 2017
Delta and Infinity’s Yaldhurst subdivision dispute at mediation
By Chris Hutching – The Press
An eight-year dispute involving developers and a group of property owners in a stalled Christchurch subdivision has gone to mediation. Late last year Dunedin City Council agreed to authorise its Delta Utilities company to refinance a $13.4 million outstanding debt to go ahead and complete the Yaldhurst development along with Wanaka-based developer, Infinity. To allow the development to proceed, Christchurch City Council staff recently recommended the unusual step of “dedicating” the access road rather than “vest” it with the council. But a representative of the private property owners, Colin Stokes, told city councillors that his group’s rights to compensation for land for the road had not been addressed. […] The dispute has been aired in several High Court cases between the private landowners and the developers, which are continuing. Most people who originally signed up to buy properties at the subdivision have pulled out and meanwhile Christchurch’s residential property market has cooled significantly.
Read more

****

Related Posts and Comments:
15.6.17 Site Notice : post(s) removal [we heard from Steve Thompson’s solicitors]
4.3.17 Christchurch housing : ‘If you build the right thing, buyers will still come’
17.2.17 Gurglars visits the Delta/Noble JV subdivision at Yaldhurst
2.2.17 Hilary Calvert complaint to Auditor-General #DCHL
30.12.16 Hilary Calvert on Deloitte report for Aurora/Delta
12.12.16 Deloitte report released #Delta #Aurora
7.12.16 Audit and Review, Deloitte
26.9.16 Delta #EpicFail —Epic Fraud #14 : The Election and The End Game revisited
22.9.16 DCC : Delta deal 1 Aug 2016 Council meeting (non-public) #LGOIMA
9.9.16 Calvert on DCC, ‘We could have a much more democratic and transparent operation of council’
2.9.16 Delta Yaldhurst : Local Opinion + Update from Caveators via NBR
18.9.16 Delta #EpicFail —Epic Fraud #13 : Councillors! How low can you Zhao ?
26.8.16 Delta #EpicFail —EpicFraud #12 : The Buyer Confirmed
24.8.16 Delta peripheral #EpicFail : Stonewood Homes —Boult under investigation
8.8.16 Delta #EpicFail —Epic Fraud #11 : The Buyer
3.8.16 LGOIMA requests to DCC from Colin Stokes #Delta #Noble #Yaldhurst
1.8.16 Delta #EpicFail —The End Game according to CD
31.7.16 Delta #EpicFail —Epic Fraud #10 : The Beginning of the End : Grady Cameron and his Steam Shovel
29.7.16 Delta #EpicFail —Epic Fraud #9 : The Long & Winding Road…. Leads Back to Delta’s Door
21.7.16 Delta EpicFail #8 : Cr Calvert goes AWOL, 23 Questions for Mr McKenzie —Saddlebags !!
19.2.16 Delta: Update on Yaldhurst subdivision debt recovery
17.7.16 Delta #EpicFail —Epic Fraud #7 : The Long & Winding Back Road
15.7.16 Delta #EpicFail —Epic Fraud #6 : What do you mean, Property Law Act ?
12.7.16 Delta #EpicFail —Epic Fraud #5 – Delta and the ghostly hand of Tom Kain
8.7.16 Delta #EpicFail —Epic Fraud #4 : Tales from the Courtroom….
30.6.16 Delta #EpicFail —Epic Fraud #3 : Security Sharing and not Caring….. who’s got that Constricting Feeling ?
27.6.16 Delta #EpicFail —Epic Fraud #2 : WWTKD – What Would Tom Kain Do ?
5.6.16 Delta #EpicFail —Noble Subdivision —Epic Fraud
13.3.16 Delta #EpicFail —Noble Subdivision : [rephrased] Conflict of Interest
11.3.16 Delta peripheral #EpicFail : Stonewood Homes and ancient Delta history
6.3.16 Delta #EpicFail —Nobel Subdivision : A Neighbour responds
29.1.16 Delta #EpicFail —Yaldhurst Subdivision ● Some forensics
21.1.16 Delta #EpicFail —Yaldhurst Subdivision

█ For more, enter the terms *delta*, *aurora*, *grady*, *luggate*, *jacks point*, *dchl*, *auditor-general*, *noble*, *yaldhurst* or *epic fraud* in the search box at right.

Posted by Elizabeth Kerr

This post is offered in the public interest.

4 Comments

Filed under Business, Central Otago, Construction, DCC, DCHL, Delta, Democracy, Dunedin, Economics, Education, Finance, Geography, Housing, Infrastructure, Media, Name, New Zealand, OAG, Ombudsman, People, Perversion, Pet projects, Politics, Project management, Property, Public interest, Queenstown Lakes, Resource management, SFO, Town planning, Travesty, Urban design, What stadium

Greater South Dunedin : Public Meeting, Monday 12 June 6.30pm

Public Meeting South Dunedin: It’s your future!
Monday 12 June 6.30pm Nations Church. Please come!

It’s almost two years since the devastating 2015 floods which hit the suburbs of Greater South Dunedin, affecting more than a thousand homes, businesses, community organisations and schools.

It is timely to hold another public meeting in order to give you a voice and to provide an opportunity for some information sharing and discussion about the priorities for our community.
We hope you will attend.

Ray Macleod, Chair
The Greater South Dunedin Action Group

Background Information:

There’s been a lot of talk about the future of Greater South Dunedin.

Some of that talk has been muddled by poor quality information collected and published around the extent and causes of the flooding on our community. Eventually the Dunedin City Council acknowledged that its lack of maintenance of the mud tanks and its lack of oversight of the performance of the Portobello Pumping Station contributed 200mm to the flooding that occurred.

Parliamentary Commissioner for the Environment, Jan Wright, warned earlier in 2016 that South Dunedin presented the “most troubling example” of high groundwater in the country.

The DCC and the Otago Regional Council have produced reports on the flooding and the issues facing Greater South Dunedin due to rising groundwater and the impact of climate change. Their reports are largely based on predictions and modelling assumptions.

There have been reports by GNS Science and the University of Otago’s School of Surveying of potential subsidence in South Dunedin and other parts of the city. At the time, GNS cautioned against reading too much into the subsidence data, as more work was required.

The DCC has finally announced a temporary community hub will open at Cargill Enterprises on Hillside Road mid-year.
After much public outcry, the South Dunedin Work and Income and Police station re-opened their doors.

The DCC formed a stakeholder group of organisations and government agencies, some of whom have a presence in South Dunedin, which meets every month or so.

Heavy rainfall over Easter demonstrated that the City’s civil defence preparedness and response has improved, although local people are yet to be fully informed about how they can be better prepared and understand how a civil defence emergency may affect them.

The DCC’s Second Generation Plan has held hearings into the Hazard 3 (Coastal) Overlay which covers the area bounded by Forbury Rd to the west, Victoria Road to the south, the Caversham bypass motorway to the North and Portsmouth drive to the east. This includes a provision to require new residential dwellings to be “relocatable”.

The DCC also recently announced new “minimum floor” levels for new buildings in South Dunedin of 500 mm for those not affected by the 2015 floods and 400mm above the floodwaters for those affected by the 2015 floods. This will result in some new houses having to be a metre above ground level in order to get a building consent. GIVEN THE DCC CONTRIBUTED 200MM TO THE 2015 FLOOD LEVEL THIS RAISES A QUESTION REGARDING THE NEED FOR ANY MINIMUM FLOOR LEVEL REQUIREMENT OR A CASE BY CASE EVALUATION AS THE NEED ARISES.

If you live or work in the Greater South Dunedin area, all of these proposed changes and approaches affect you. Put together they provide a confusing picture of an important community which is receiving mixed messages about its future and doesn’t yet feel it has a strong voice and a plan.

In all of the discussions about the future of Greater South Dunedin, the people who call these suburbs (of South Dunedin, St Kilda, St Clair, Forbury, Caversham, Caledonian, Portsmouth Drive, parts of Musselburgh and Tainui) home or work are not yet part of the discussions.

You may have attended a public meeting after the floods which resulted in the formation of the Greater South Dunedin Action Group. We consider you to be an important part of this group as it aims to:

• Facilitating effective communication between the community and the city and regional councils
• Advocating, representing and promoting the present and future interests of the community
• Ensuring the area is well serviced by Council in terms of social and infrastructure services as a foundation for a vibrant community
• Exploring the opportunities for the area including inner city redevelopment, renewal, and support for new job opportunities & enterprise
• Developing a sustainable plan for the future of the Greater South Dunedin area and its community

[ends]

****

Greater South Dunedin Action Group

Public Meeting
6:30pm Monday 12 June 2017
Nations Church
334 King Edward Street South Dunedin

Agenda
Meeting Chair: Hon Stan Rodger

1. Welcome: Hon Stan Rodger

2. Apologies

3. Dunedin City Council & Otago Regional Council on what has been achieved over the past two years. Response to questions submitted to DCC copies are which will be circulated to the meeting. (15 Minutes)

4. Dr Simon Cox: A geoscientist’s perspective on the problem at hand.
(15 minutes)

5. Mr Geoff Thomas: Property Council of NZ. Impact on property values.
(10 minutes)

6. Questions from the floor (if wishing to ask questions please try to write these down and direct them through the Hon Stan Rodger).

7. Proposed resolutions:
a) That the meeting provide a mandate to the Greater South Dunedin Action Group to act as an advocate for the community interests.
b) That the DCC are requested to provide an initial engineering plan and response by 1 December 2017 with the intention of providing protection and support to people, homes and businesses in the Greater South Dunedin area.
c) The DCC be requested to commence the establishment of a community board to represent the interests of the Greater South Dunedin Community.

8. Any other business.

9. A wrap up and thank you from the Chair of the Greater South Dunedin Action Group. (5 minutes)

10. Final words from the Hon Stan Rodger.

█ Download: SDAG Public Meeting Agenda (DOCX, 25 KB)

Posted by Elizabeth Kerr

This post is offered in the public interest.

24 Comments

Filed under Business, Climate change, Construction, DCC, Democracy, Design, District Plan, Dunedin, Economics, Education, Finance, Geography, Health & Safety, Housing, Infrastructure, New Zealand, People, Politics, Property, Proposed 2GP, Public interest, Resource management, South Dunedin, Structural engineering, Technology, Tourism, Town planning, Urban design

Cumulative DCC rates rise; council boffins continue ruse of ‘found savings’

At Facebook:

****

The council had engaged with the public well, and arrived at a figure under the 3% limit. It was pleasing to keep faith with the community, and keep that promise. –Mayor Cull

### ODT Online Wed, 17 May 2017
2.99% Dunedin rates rise
By David Loughrey
Despite an extra $100,000 of spending approved this week, the Dunedin City Council scraped in under its self-imposed 3% target for rates rises for the next financial year. The council approved a budget that will see ratepayers asked for an extra 2.99% for 2017-18. Annual plan deliberations ended yesterday, after councillors spent a day and a-half discussing spending for the year ahead. The only major changes affecting ratepayers were an extra $100,000 approved for two projects, changes that came after staff found a further $100,000 in savings. […] Mr Cull said some people had reservations about the annual plan process, which featured feedback meetings rather than formal submissions this year, before full submissions are brought back for the long-term plan next year.
Read more

****

### ODT Online Wed, 17 May 2017
DCC approves $1m for artificial turf
By David Loughrey
Dunedin is set to get two artificial turf sports fields at Logan Park late this year or early next, after a proposal set to cost the city $1 million won unanimous approval yesterday. The move has delighted Football South, which had asked for the money to be provided urgently to attract available funding from Fifa. The Dunedin City Council annual plan deliberations meeting supported the proposal despite concerns from Cr Aaron Hawkins there had been no official public submissions this year, and others had been discouraged from suggesting new projects until next year’s long-term plan.
Read more

****

We’re not interested in (thank god) ex Cr Jinty MacTavish’s or the Green Party’s vision (what vision). DCC’s job IS to look after the environment together with infrastructure service provision. No further strategy is needed. Note the contradictions and hypocrisy contained in this item (italics by whatifdunedin):

The council moved the decision to give the strategy $200,000 to continue work towards making Dunedin a zero carbon, healthy environment.

### ODT Online Tue, 16 May 2017
Funding set for strategy
By Margot Taylor
The environment, bus governance and pool admission fees dominated discussions at the first day of Dunedin City Council annual plan hearings yesterday. The absence of public submissions was a notable difference at the hearing. The public had a chance to voice their opinions on the 2017-18 draft annual plan at public forums and drop-in sessions from March 30 to May 1, rather than at annual plan hearings as in previous years. Dunedin’s environment strategy received 26 comments during the consultation. Mayor Dave Cull said the comments provided “a pretty clear response” about funding for the initiative.
Read more

CUMULATIVE RATES INCREASES –
NO FAITH IS KEPT AT ALL EXCEPT THAT MAYOR CULL HAS TO GO

Posted by Elizabeth Kerr

This post is offered in the public interest.

51 Comments

Filed under Aurora Energy, Business, Central Otago, DCC, DCHL, DCTL, Democracy, District Plan, Dunedin, Economics, Electricity, Finance, Geography, Health & Safety, Infrastructure, LTP/AP, Media, New Zealand, OAG, Ombudsman, People, Perversion, Pet projects, Politics, Pools, Project management, Property, Proposed 2GP, Public interest, South Dunedin, Tourism, Town planning, Transportation, Travesty, Urban design, What stadium

Dunedin’s second generation district plan (2GP) —notes on Natural Hazards

Received from Neil Johnstone
Wed, 3 May 2017 at 7:19 p.m.

Message: Last Thursday (27 April) I presented the remainder of my submission on Natural Hazards. Notes attached in case they might help anybody’s further efforts.

{The notes from Mr Johnstone are public domain by virtue of the consultative 2GP hearing process. -Eds}

****

2GP PRESENTATION NOTES: LANDSLIDES
Neil Johnstone

I have no property interest in any landslide hazard area (although I did previously), nor in the Water of Leith catchment, nor in South Dunedin. My main purpose in appearing at this stage is to bring to the panel’s attention that the expert (so-called) opinions received from Otago Regional Council’s (ORC) natural hazard analysts are often deficient to the detriment of the 2GP process and the city’s residents.

I am a long-term resident of Dunedin and am highly experienced in flood control issues and solutions. I am appearing here on my own behalf, therefore not strictly as an Expert Witness in this instance, although I have done so in past years both in both the High Court and the Environment Court. I also acted as lead technical advisor to the NZ Govt investigation into the massive 1999 Clutha flood. My detailed investigations have ranged from simple issues such as the Water of Leith (as Investigations Engineer at Otago Catchment Board and ORC) to the entire Clutha catchment (in varying roles). These investigations have often incorporated the construction and operation of accurate, properly verified models.

I am now semi-retired MIPENZ, but still running my own consultancy on a reduced basis. I am a highly experienced expert in flood issues, I am much less so wrt landslide identification and mitigation (but I know a nonsensical report when I read one). ORC hazard analysts responsible for the landslide buffer zones originally imposed across my former property (and many others) need to accept that their approach was seriously flawed, and far from expert. Paul Freeland has mentioned to me in a recent phone conversation that Dunedin City Council (DCC) should be able to have confidence that ORC hazard analysts are expert. I have no strong criticism of Mr Freeland, but those days have passed – in this region at least – when expertise was based on proven performance, and not on a position’s title. A property previously owned by my wife and me in Porterfield Street, Macandrew Bay was quite ridiculously misrepresented in ORC’s landslide report of September 2015. The landslide hazard zone on that property has apparently now been removed, but uncaring damage has been done to us, and no doubt to many others. The Hazard 2 zone was reportedly imposed without site inspection, or without anybody properly reviewing output or checking accuracy of references.

[Reason for submitting: Natural Hazards section of 2GP dominated (undermined) by ORC hazards staff input and DCC failure to verify/review; DCC presumption that ORC “experts” do/should have appropriate expertise. We appear to be witnessing a proliferation of Hazard Analysts in NZ Local Government with little relevant experience or skill.]

****

2GP PRESENTATION NOTES: SOUTH DUNEDIN
Neil Johnstone

The comments re South Dunedin flood hazard contained in my original written submission were written prior to DCC’s producing its inaccurate flood reports in respect of the South Dunedin flooding of early June 2015 in which high groundwater levels were held to blame. These DCC reports were eventually released in late November 2015 and April 2016 respectively. My analyses (well after my original submission) demonstrated that the prime cause of widespread flooding in South Dunedin was DCC’s failure (in order of probable significance) to utilise the bypass facility at Tahuna Wastewater Treatment Plant, to fully utilise its stormwater pumping capacity at Portobello Road, and to maintain its stormwater infrastructure (mudtanks etc). Inflow of “foreign” water from the St Clair catchment added to the depth of inundation in some areas. All these can be remedied by a diligent Council. Some have already been remedied, as positively demonstrated in the admittedly rather over-hyped rain event of the subtropical cyclone remnant around this past Easter.

ORC natural hazard analysts were probably responsible for the origin of the groundwater myth as a cause of the South Dunedin flooding in their Coastal Otago Flood Event 3 June 2015 report. Reference was made there to “elevated” ground water levels. They followed up with a contentious report (The Natural Hazards of South Dunedin, July 2016). This opens by stating that the June 2015 flooding was caused by heavy rainfall and high groundwater levels, with no mention of mudtanks, or pumping failures (plural). Such reporting cannot be treated as balanced, nor its authors credible. Elsewhere, ORC essentially conceded the groundwater myth in Rebecca Macfie’s excellent NZ Listener article entitled Flood Fiasco (June 11, 2016).

Shortly after, however, ORC produced the aforementioned South Dunedin Hazards report (backed up by an embarrassingly inaccurate video presentation) that seems to reflect a desire to preach doom rather than convey a balanced defendable scientific analysis of South Dunedin realities and solutions where needed.

One of the worst features of the report and subsequent video was the depiction of projected permanently inundated areas of South Dunedin based on ORC modelling of rising sea level effects. These depictions made front page news in the Otago Daily Times with flow-on reporting nationally. The mapped areas of inundation are actually taken from an earlier ORC report entitled The South Dunedin Coastal Aquifer and Effect of Sea Level Fluctuations (October 2012). The modelling was based on limited information, and the findings would therefore be expected to be of limited reliability. The 2012 report essentially confirms this, noting that modelling of existing conditions overestimates actual groundwater levels (by the order of half a metre in places). Figure 2 (Scenario 0) of that report shows significant permanent ponding for current conditions. None exists in reality. Almost lost (in Section 3.8) are the following (abbreviated, and amongst other) concessions:

• Uncertainty of input data
• Potential inaccuracy of model predictions
• High level of uncertainty
• Groundwater system is poorly to moderately well characterised
• Aquifer properties are poorly understood or quantified
• Each of these uncertainties could have the effect of overestimating the groundwater ponding in the current setting.

The reader is advised to read the full Section 3.8 to ensure contextual accuracy. In my view (as an experienced modeller), a study that cannot even replicate known existing relationships is imperfectly calibrated and unverified. It cannot therefore be relied on. Strictly speaking, it does not qualify as a model. The relationship between possible sea level rise and consequent groundwater impact remains highly uncertain.

Unfortunately, the 2016 ORC South Dunedin Hazards report (and video) chose to reproduce the 2012 ponding predictions using more recent data (but without any better appreciation of aquifer characteristics), but the predictions are similar. It is noted that no Scenario 0 mapping is included in the latter report, nor are the model’s inherent weaknesses described. No admission of the potential modelling inaccuracies is presented other than the following note in Section 4.1: “Further discussion of the original model parameters, model calibration and potential pitfalls is included in the ORC (2012a) report, which can be accessed on the ORC website”. I believe that all parties were entitled to know unequivocally that the modelling was unreliable and unverified.

The 2016 report also makes reference to the fact that dry-weather ground water levels at the Culling Park recorder are at or below mean sea level. This is attributed by the authors to leakage of ground water into the stormwater and wastewater sewers. If that is correct (I would reserve judgement as to whether there may be other factors), then we are witnessing just one example of how an engineered solution could be utilised to dissipate increasing depth of groundwater. Such solutions are canvassed in the BECA report commissioned by DCC several years back.

To summarise, South Dunedin’s exposure to flood (current or future) is poorly described by ORC hazard analysts. The 2GP process seems to have seen these analysts “adopted” by DCC planners as their experts. I consider that to be an inappropriate approach to the detriment of our citizens.

The proposal to require relocatable housing in South Dunedin seems premature, and based on highly questionable information. The proposal for relocatable housing in South Dunedin also rather pre-empts the currently-planned DCC study of overseas approaches to sea level rise solutions.

Requiring relocatable houses will likely simply mean that aged houses that should in time be replaced will be repaired instead. Who is going to build a new relocatable house if they have nowhere to relocate to and probably insufficient money to acquire the requisite land? The proposal to require relocatable housing is ill-considered and premature in my opinion.

With respect to ground water issues across South Dunedin, the 2016 Hazard Report presents –

The reason for my pointing out these facts is to encourage Commissioners to take a step back from the current hysteria surrounding South Dunedin. Had the 2015 flooding extent been restricted (as it should have been) to that which occurred in a slightly larger rainfall event in March 1968, the event would have already been forgotten. Seemingly, at least partly as a result of that hysteria, the proposal to require relocatable housing in South Dunedin seems premature, and based on highly questionable information. Just as ORC floodplain mapping contradicts its in-place flood protection philosophy, so does the proposal for relocatable housing in South Dunedin also rather pre-empt the currently planned DCC study of overseas approaches to sea level rise.

Requiring relocatable houses will simply mean that aged houses that should in time be replaced will be repaired instead. Who is going to build a new relocatable house if they have nowhere to relocate to and probably no money to acquire the requisite land? The proposal for relocatable housing is ill-considered and premature in my opinion.

****

2GP PRESENTATION: URBAN STREAM HAZARDS
Neil Johnstone

Urban Stream Comment re Leith and Lindsay Streams:

ORC’s mapping is said to be of residual flooding (post-flood protection works of the past 80-plus years), but actually represents what might have been envisaged many decades back in something considerably greater than the record 1929 flood with none of the very significant channel works of the 1930s, 1940s and 1960s; or even those lesser improvement of the 2010s in place. The ORC 2GP mapping includes areas that didn’t get flooded in 1923 or 1929. I agree with some potential dangers of stream blockage (especially in Lindsay Creek, and to a lesser extent at Clyde Street and Rockside Road), but one can only consider locations of feasible blockage in today’s conditions. Furthermore, accepted professional practice for flood plain mapping requires detailed hydrology, probability analyses, climate change allowance, hydrograph routing, in-channel modelling (allowing for stream capacity variability), and overland flow modelling. ORC’s flood mapping incorporates none of these fundamentals; instead, it reads as little more than a colouring-in exercise, when a professionally researched technical document is required. In short, ORC’s hazard analysts have carried out no fit-for-purpose analysis for a District Plan process.

Interestingly, the concerns expressed by ORC hazard analysts re channel blockage are entirely inconsistent with ORC’s own design philosophy and consent application evidence for the recent Flood protection scheme (so called). Design Philosophy minimises the issue.

Very briefly, the mapping is challenged for the following reasons (inter alia):

No descriptions of the effective flood protection initiatives (OHB -1920s and 1930s, DCC -1940s, OCB -1960s) are included. These works have ensured that overtopping is practically impossible in the George Street to Cumberland Street reach, the Clock Tower reach and Forth Street to Harbour reaches. Flood protection in these areas are all built to a much higher hydraulic standard than the so-called ORC scheme of the past decade, and to a far, far higher standard than existed pre-1929.

It is further noted that ORC’s own Design Philosophy Report (OPUS for ORC, 2005) for the proposed Leith/Lindsay flood protection scheme is adamant that debris traps recently (then) constructed at Malvern Street and Bethunes Gully would further mitigate any debris problems. Refer paras 7.7 and 10.6 of that document.

Ponding is mapped where water couldn’t even reach in 1929 (peak flood currently estimated at 220 cumecs, and predating flood protection measures) in the wider CBD area. Flows along George Street in the 1920s only occurred south as far as about Howe Street, then re-entered the river. Nowadays, the accelerating weir above George Street and the structural high velocity channel immediately downstream provide much more clearance than existed in 1929. [Most outflow then from the river occurred much further downstream.] In those downstream reaches, many of the bridges have been replaced or upgraded. Possible remaining points of interest are the hydraulically insignificant extension (circa 2015) of the St David Street footbridge, the historic Union Street arch footbridge, and the widened (circa 2012) Clyde Street road bridge. The flimsy St David Street bridge would not survive any hydraulic heading up so there would likely be of little flood consequence, and backing up upstream of Union St would be largely inconsequential because of the height of the Clock Tower reach banks immediately upstream. The Clyde Street bridge is acknowledged as being lower than optimum, but it has not created any issues in its half century existence. Any overtopping there could only impact on a limited area between the bridge and the railway line.

Overland lows beyond (east of) the rail line remain highly improbable because of the ongoing blocking effect of road and rail embankments. Flows as far as the railway station to the west of the rail line are also highly improbable nowadays as only the Clyde Street area could conceivably contribute.

The 1923 photograph showing ponding along Harrow Street is presented by ORC with an unfortunate caption stating that the water is sourced from the Leith. Some undoubtedly was, but the whole of the city was subject to “internal” stormwater flooding from Caversham tunnel, across South Dunedin to the CBD and beyond. To illustrate further, a NIWA April 1923 flood summary (accessible online) provides a summary of some of the information more fully described in technical reports and newspaper accounts, including:

• Portions of Caversham, South Dunedin, St Kilda, the lower portions of central and northern areas of the City and North East Valley were completely inundated.
• Water in South Dunedin was waist deep.
• The Water of Leith rose considerably and burst its banks in many places, causing extensive damage along its banks and flooding low-lying areas.

Today’s stormwater infrastructure is rather more extensive and effective (when maintained), and DCC has a continuing legal obligation to provide to maintain that service.

The levels plotted across Lindsay Creek seem highly pessimistic. Levels are shown to be of the order of 2 metres above North Road in some locations at least. I have [no] knowledge of any such levels ever having been approached. Care must be taken not to include unfloodable areas in the mapping. I don’t however discount localised channel blockage, and the channel capacity is substandard in many areas. The valley slope ensures that overland flow will achieve damaging velocities. Such velocities are noted in the NIWA summary.

Of greater concern to me, however, is that ORC’s mapping appears to have seriously underestimated the significance of potential Woodhaugh flood issues:-

The river channel through here is both steep and confined. The influences of Pine Hill Creek (immediately upstream) and Ross Creek (immediately downstream) add to turbulence and bank attack. The area was ravaged in 1923 and 1929, and there have been evacuations in some much lesser events in later decades. These areas are at considerable risk in a 50- to 100-year plus event. Hardin Street, Malvern Street had houses evacuated in the 1960s flood. High velocity, rock laden flows and mudslides can all be anticipated, and difficult to counter. Area below camping ground / Woodhaugh was overwhelmed in floods of the 1920s – a focus for flooding depth and velocity.

If the 2GP process is to include urban flood maps, these should be diligently derived, based on historical record and appropriate modelling. The mapping should reflect the real flood risks (including likelihood, velocity and depth). The decreasing flood risk from Woodhaugh (potentially high impact) through North East Valley (moderate impact) through to the main urban area south of the Leith waterway (localised and of little-to-zero impact) should be reflected in the mapping.

[ends]

2GP Hearing Topic: Natural Hazards
https://2gp.dunedin.govt.nz/2gp/hearings-schedule/natural-hazards.html

█ For more, enter the terms *johnstone*, *flood* and *south dunedin* in the search box at right.

Related Posts and Comments
6.6.16 Listener June 11-17 2016 : Revisiting distress and mismanagement #SouthDunedinFlood
10.6.16 “Civic administration” reacts to hard hitting Listener article

[DCC Map differs from what was notified]

Posted by Elizabeth Kerr

This post is offered in the public interest.

8 Comments

Filed under DCC, Democracy, District Plan, Dunedin, Education, Geography, Health & Safety, Housing, Infrastructure, Name, New Zealand, OAG, Ombudsman, People, Politics, Project management, Property, Proposed 2GP, Public interest, Resource management, South Dunedin, Town planning, Urban design

DCHL —Which ‘Infinity’ were Councillors sold on #funnybusiness

ODT 13.10.16 (page 12)

odt-13-10-16-letter-to-editor-garbutt-p12

The published reply has no direct bearing on Russell Garbutt’s enquiry.

● INFINITY YALDHURST LIMITED (5886102)
Incorporation Date: 09 Feb 2016
Address for service:
Jackson Valentine Limited, Level 3, 258 Stuart Street, Dunedin 9016
http://www.companies.govt.nz/co/5886102

● INFINITY INVESTMENT GROUP HOLDINGS LIMITED (1004601)
Incorporation Date: 06 Dec 1999
Address for service:
Jackson Valentine Limited, Level 3, 258 Stuart Street, Dunedin 9016
http://www.companies.govt.nz/co/1004601

● INFINITY FINANCE AND MORTGAGE LIMITED (5920307)
Incorporation Date: 17 Mar 2016
Address for service:
Infinity Finance and Mortgage Limited, 12a Fovant Street, Russley, Christchurch 8042
http://www.companies.govt.nz/co/5920307

Related Post and Comments:
22.9.16 DCC : Delta deal 1 Aug 2016 Council meeting (non-public) #LGOIMA

█ For more, enter the term *delta*, *dchl*, *infinity*, *noble* or *epic fraud* in the search box at right.

Posted by Elizabeth Kerr

This post is offered in the public interest.

5 Comments

Filed under Baloney, Business, DCC, DCHL, DCTL, Delta, Democracy, Economics, Finance, Housing, Infrastructure, Media, Name, New Zealand, OAG, Ombudsman, People, Perversion, Pet projects, Politics, Project management, Property, Public interest, Resource management, SFO, Site, Travesty, What stadium

COMPLETE Dis-satisfaction with DCC, DCHL, DVML, DVL, Delta….

marigold-tweaked-by-whatifdunedin-cdn-guardian-ng

Fake it til you make it, and hey, don’t lift the marigolds.

Sorry Daaave, looks like a D for your council’s governance. —Actually, for the avoidance of euphemism, make that D- and lower for DIRE Performance, accompanying Drivel, and Diabolical treatment of Residents and Ratepayers in the aftermath of emergency situations.

Listening to Yes People and your dwindling voter base isn’t your best hope to resolve ongoing multimillion-dollar losses being sustained by a couple of the council-owned companies, to the point where the holding company led by chairman Crombie, fronts with a “qualified audit” only on presentation of its annual report(?) to Council.

[In July 2015 Graham Crombie was appointed to the Commerce Commission as an Associate Commissioner for a five year term.]

Damages to employment, liveability and opportunity in a No-growth city keep stacking.

“It is also yet another example of good public service jobs being lost from our smaller towns and cities.” –PSA spokeswoman

### ODT Online Thu, 13 Oct 2016
ACC jobs to go in Dunedin
By Vaughan Elder
After consulting with staff since June, the decision had been made to relocate all the roles over the next 12 to 18 months to the larger Christchurch office and have “one centre for consistent customer and rehabilitation services across the Southern region”.
Read more

****

Asked about people who continued to be negative about the city, he said: “Negativity is an attitude, it’s not a fact.”

### ODT Online Thu, 13 Oct 2016
Survey ‘shows Dunedin on right track’
By Vaughan Elder
A survey showing Dunedin residents feel increasingly positive about their city shows the city is on the “right track”, Mayor Dave Cull says. […] the annual survey was not all good news. Last year’s June flood was picked as a reason for increasing dissatisfaction with the city’s stormwater system [down 13 points to 43%]. Satisfaction rates also fell when it came to public toilets, the suitability of the city’s roads for cycling and the availability of parks in the central city.
Read more

[Chief executive Sue Bidrose] said some of the areas where there had been negative results this year and in past surveys correlated to negative media coverage in the Otago Daily Times.

*1577 survey responses from 5400 residents randomly selected from the electoral roll,

The Talking Head (without helmet, unprepared)

█ Dunedin City Council (media release)
Residents’ Opinion Survey released 12 Oct 2016. Link

Posted by Elizabeth Kerr

*Image: cdn.guardian.ng – marigold, tweaked by whatifdunedin

6 Comments

Filed under Business, Carisbrook, Citifleet, Climate change, CST, Cycle network, DCC, DCHL, DCTL, Delta, Democracy, District Plan, Dunedin, DVL, DVML, Economics, Enterprise Dunedin, Finance, Geography, Health, Hotel, Housing, Infrastructure, Media, NZRU, OAG, Ombudsman, ORFU, People, Politics, Pools, Project management, Property, Proposed 2GP, Public interest, Resource management, SFO, South Dunedin, Stadiums, Tourism, Town planning, Transportation, Travesty, Urban design, What stadium

What local body elections ?

Ecologist appointed to Dunedin City Council
News via Art Festival aside at ODT

### ODT Online Tue, 11 Oct 2016
Won a painting, now for a wall
A new Dunedin resident has won a painting auction; now he just needs a wall to hang the artwork on. Aalbert Rebergen recently moved to Dunedin and his admiration for the work of local artist Frank Gordon prompted a visit to his exhibition at Gallery De Novo on Saturday. The gallery was about to close when he saw the Frank Gordon painting The City of Magic & Song but could not find a price tag. […] Mr Rebergen has moved to the city to take on a new role at the Dunedin City Council as an ecologist.
Read more

We’re probably long overdue to have an ecologist on council staff.
We hear good things about Mr Rebergen, who has been with ORC.

Ecologists are specialist scientists who survey ecosystems and assess the diversity, profusion and behaviour of the different organisms within them. Ecologists tend to work for government agencies, environmental trusts, conservation charities and research institutes.
Or indeed as private consultants.

Another sort of ecology IS Dunedin City Council.
When the DCC doesn’t check leaks and drains in the hill suburbs – completely misses them despite ratepayer queries and concerns! But City Care to THE RESCUE (the company from Christchurch, best practice in hand) finds was it five burst water mains in less than a day within the same street area, where for YEARS DCC had not noticed a Cuckoo.

Infrastructure Services needs to gaze at its navel CLOSELY (another ecology!) —and Councillors, you need to check within your constituent areas for problems and complaints as well as DCC works not fully investigated and not done. (Councillors, stop desk hugging on those too generous stipends!)

nature-845849-pixabay-com-1Message to Residents and Ratepayers: DO NOT leave DCC alone

Void the leaks. Void the drainage problems of your surrounding subdivisions. Void the DCC desert that ‘serves’ us. Backfill DCC with people who know how to run infrastructure efficiently and who KNOW civil engineering for ratepayer benefit.

That is All.

BUT THEN

Job Vacancy at Dunedin City Council

CHANGE DELIVERY MANAGER
[nope, not the sort of comprehensive change we lust for at DCC but integral]

The Change Delivery Manager is responsible for leading the development, maintenance and delivery of the council’s long term application development plan as well as overseeing the implementation …
Location: Dunedin Central | Job ID: 3086108 | Closing Date: 28 Oct 2016
http://dcc.recruitmenthub.co.nz/Vacancies/3086108/title/Change-Delivery-Manager

More:
[key words below: “supports the IT Strategy”]

Change Delivery Manager
Dunedin Central

Reference: 3086108

The Change Delivery Manager is responsible for leading the development, maintenance and delivery of the council’s long term application development plan as well as overseeing the implementation of new solutions and systems and application upgrades and enhancements.

Extensive experience in programme and project management and the ability to establish and maintain a professional, customer focused service delivery culture is a must. Leading a highly motivated team of 12, you will have proven experience providing leadership, guidance and mentoring to members of the team.

Success in this role means:
Delivering the agreed requirements of the programme/project to the appropriate level of quality, on time and within budget, in accordance with the programme plan.
Ensuring our business applications are current, and implemented in manner that supports the IT Strategy.
Setting and meeting the customer’s expectations
Ensuring compliance with Governance requirements.

We are ideally seeking the following skills and experience:
Proven programme and project management delivery background.
At least 4 years’ experience leading a team.
An appropriate tertiary qualification in ICT/Business and/or well-developed ICT skills to be able to understand the technical aspects of Change and Application governance and architecture.
A demonstrable broad and deep understanding of principals of change and a range of change techniques.
Ability to capture requirements from multiple sources and translate those into effective and high performing solutions.
Excellent customer and stakeholder engagement/communication skills.
Excellent understanding and application of project/programme management, Business Analysis and ITIL practices, tools and techniques.
If you have the skills and experience we are looking for and the drive to succeed, we welcome your application.

Applications Close: 28 Oct 2016

Posted by Elizabeth Kerr

This post is offered in the public interest.

*Image: pixabay.com – nature

Leave a comment

Filed under Business, DCC, Democracy, District Plan, Dunedin, Economics, Finance, Geography, Hot air, Housing, Infrastructure, Media, OAG, Ombudsman, People, Politics, Project management, Property, Proposed 2GP, Public interest, Resource management, Site, Town planning, Transportation, Travesty, Urban design

Delta #EpicFail —Epic Fraud #14 : The Election and The End Game revisited

Received from Christchurch Driver [CD]
Sun, 25 Sep 2016 at 11:15 p.m.

Firstly, Ratepayers have a debt (yes another one, readers, but put the cudgels away, it doesn’t involve money illegally advanced by Delta) to Vaughan Elder, Cr Hilary Calvert and our What if? site for prising the official information about the August 1 2016 Council Meeting from the DCC. After an extended delay, some records were produced, but “technical difficulties” meant a full audio transcript was not available. How surprising. This is the Council equivalent of “The dog ate my homework, sir”, with the same level of credibility. But of course Mayor Cull will be able to say that he really wanted the transcript because, of course, he is FOR openness and transparency in Council, for the next fortnight anyway —because in response to the latest poll or subtle expression of displeasure from the ODT publishers, Mayor Cull is now a “transparency magnet”, you see.

While it would have been useful to see if any Councillors expressed even the most cursory concern about the deal, before voting to give away $13.2M to a shell company on the most favourable terms in commercial history, the key point is that Cr Lee Vandervis is the only candidate standing who sounded the alarm. He abstained from even voting on the proposal because the information put before Councillors was so pathetically incomplete that to even vote on it was giving the “proposal” more credibility than it deserved.

Departing from Matters Noble for a moment, your correspondent had from afar noticed a very clear divide on ‘the sound’ between sitting and new council candidates. To a man (and one woman) the sitting Councillors all sing the same song : everything is fine, everything is under control at the hands of your capable (sitting) Councillors and if these “whingers” would stop the “negativity” then everything would move from fine to fantastic on the DCC rate-o-meter. With the notable exception of the sniping between Mr Whiley and Mr Hawkins, there is clearly a little gentlemen’s agreement amongst incumbents not to say hard but truthful things about each other so that normal sycophant operation can resume after the election.

However, the other 32 council candidates are also singing a song that is mostly in unison, and that is that the present Council have failed the city in ways too numerous to count. Their description of the overall Council performance ranges from the mediocre to the abysmal.

With six new positions, in a normal election a candidate could probably spout vague but reassuring platitudes and have a good chance of joining the club. But this is not a normal election and the vast majority of new candidates aren’t being shy about what needs to change. A change is coming.

lee-vandervis-billboard-detail-1The point of all this : Your correspondent says that this is no time for the safety first status quo and if the best candidates only include one (Cr Vandervis) or even two then that is just fine. Vote accordingly. Mr Vandervis as Mayor can always run night classes over the first month in how to chair a subcommittee.

Your correspondent has for some time flayed the vast majority of Councillors in many posts for being slack jawed bystanders on the whole disgusting Delta Noble mess. Those Councillors who acquiesced and made like Silent Bob – which is all of them, except Cr Vandervis, do not merit re-election on a number of levels. Most odiferous of all is Cr Doug Hall, who is very well versed in subdivisions, and would never in fifty lifetimes commit his own money to a deal like this, but who refused to say anything. Sayonara, Doug Silent Bob Hall !!

However, some information from a little bird….
has come to light regarding the non-public section of the fateful August 1 Council meeting. This, along with other information made public at What if?, now means we have an accurate idea of why this turnip of a Delta deal was fertilised into life. (Sorry Vaughan, bested you again, but keep up the good work !).

It was a case of turnip councillors also being fertilised with you know what, but it was also a case of DCHL and DCC bureaucratic fascism, which is even more alarming.

Apparently, a senior representative at the meeting (can’t name names) lectured the Councillors for about 30 minutes that this Infinity deal was The Way, The Truth and will give Life to the half of the $25M DCC debt that the DCC had not written off. To extend the biblical analogy further, however, it would not be three days before the debt was resurrected, but EIGHT YEARS. (Good work on that in Friday’s ODT, Vaughan !!). This is rather a long time to go without financial oxygen, otherwise known as payment of interest, but at Delta (now enabled by the DCC) the unthinkable (the illegal construction of entire subdivisions, being had up for constructive fraud) is now commonplace.

What if? is led to understand that Councillors were lectured like school children, and questions were Not Tolerated by the Irascible Headmaster. They were to vote on the One True Option, and That Would Be That, and if they did not vote for the One True Option, the buyer of the Noble Subdivision would be lost.

Readers may recall that your correspondent did predict that this is precisely what would happen, a certain corporate person would pronounce that There Is No Alternative, regardless of the truth, and much of the statements by the Irascible Headmaster (not to be confused with The Fat Controller) are not true.

A malodorous other person also enabled this fertilisation, as a parting gift to fellow “managers” – and I use the term loosely.

For major decisions, DCC staff are meant to prepare a range of options so Council can debate which is best. Either they weren’t bothered or came under instruction to prepare one option only by minders at DCHL. The Council should remember it is DCHL’s superior, and (theoretically….) DCC’s senior executives should be monitoring the Council holding company and subsidiaries. Old habits (like saying yes) are troublesome things that become reflex actions.

Humour aside, what happened on August 1 and immediately following is simply anti-democratic and makes Councillors redundant rubber stamps for DCC staff. The amazing thing is that only two of the 15 elected complained about this obvious and basic sidelining of Councillors.

But even at that point Ratepayers could have possibly accepted a lack of proper process had a good option been presented. But the “Delta Deal” isn’t a good option. This is the most commercially one-sided deal seen in decades, and the level of excuses made by Crs Thomson and Cull, Delta CEO Cameron, and most of all Mr Crombie, should give Ratepayers pause. They protesteth too much. The cover has been in full swing. “This is the best we can do”, “there are no guarantees”, “it will take years…. but builders are lining up to buy the sections”.

the-fat-controller-thomas-the-tank-engine-2aIf The Fat Controller fitted one of his own conservative clients into this deal – a $13.2M second mortgage on a subdivision mired in legal action and half built illegally, at an interest rate of 7 per cent, he would doubtless be censured and taken to task by his professional body.

Something appears to be rotten in the State of Dunedin. Why is there indecent DCHL directorial haste to get this deal done ? Will Infinity Yaldhurst spend vast sums on marketing the sections via the ODT ? Will certain ex DCC operationals retire to Wanaka, coincidentally on an Infinity Subdivision ? Will Mr Crombie and Mr Frost become directors or shareholders of some Infinity venture, or their firms be remunerated in some generous way at Noble ?
Stay tuned, same bat time, same bat channel !…..

There is a way to stop this rot, to stop the sale to Infinity and bring the entire subdivision back under the control of the DCC. Council was not able to vote on the actual terms and conditions of the disgraceful $13.2M second mortgage at the August 1 meeting. This will be done by the new Council after the election. The solution is obvious. Don’t give the money to Infinity and the whole deal will fall over, then the DCC can appoint its own development manager and sell down the sections that are ready now, and start selling the commercial land, which is the real cash cow of the deal. Without a doubt Council would recover all of the $25M debt, and get interest on it as well. This amount would pay a great proportion of the South Dunedin flood control work……

This is too hard for your turnip DCHL directors, and involves a serious loss of face, but who cares about them ? With the right development manager the DCC can do it in house. There is one man in Dunedin who is available at the end of the year and has the necessary integrity and expertise to do it, and his name is Geoff Plunket, soon to be former CEO of Port Otago and Chalmers Property.

[ends]

Related Posts and Comments:
22.9.16 DCC : Delta deal 1 Aug 2016 Council meeting (non-public) #LGOIMA
18.9.16 Delta #EpicFail —Epic Fraud #13 : Councillors! How low can you Zhao ?
26.8.16 Delta #EpicFail —EpicFraud #12 : The Buyer Confirmed
24.8.16 Delta peripheral #EpicFail : Stonewood Homes —Boult under investigation
8.8.16 Delta #EpicFail —Epic Fraud #11 : The Buyer
1.8.16 Delta #EpicFail —The End Game according to CD
31.7.16 Delta #EpicFail —Epic Fraud #10 : The Beginning of the End : Grady Cameron and his Steam Shovel

█ For more, enter the terms *delta*, *infinity*, *noble* or *epic fraud* in the search box at right.

Posted by Elizabeth Kerr

Election Year. This post is offered ion the public interest.

*Images: Lee Vandervis billboard detail by whatifdunedin | The Fat Controller from Thomas the Tank Engine

17 Comments

Filed under Business, Construction, DCC, DCHL, DCTL, Delta, Democracy, District Plan, Economics, Finance, Geography, Housing, Infrastructure, Media, Name, New Zealand, OAG, Ombudsman, People, Politics, Project management, Property, Public interest, Resource management, SFO, Site, Town planning, Travesty, Urban design

DCC : Delta deal 1 Aug 2016 Council meeting (non-public) #LGOIMA

Updated post
Tue, 27 Sep 2016 at 7:08 p.m.

On 1 August 2016 I lodged an official information request with DCC to obtain documents and audio file for the non-public meeting of Council held that day to decide Delta’s deal with “Infinity” (later, properly referred to as Infinity Yaldhurst Ltd. NOTE: Not the company called Infinity Investment Group Holdings Ltd. The information request was made subject to an extension. (In particular for more context, see Delta posts at What if? Dunedin from 1 August onwards – to access these use the term *delta* in the search box at right).

The information received from DCC is published here.

——– Original Message ——–
Subject: Minutes of Council meeting August 1
Date: Mon, 19 Sep 2016 21:26:24 +0000
From: DCC Governance Support
To: Elizabeth Kerr

Dear Elizabeth,

Further to Kristy’s response below, please find attached a copy of the minutes of the meeting. These are now confirmed as correct.

Regards
DCC Governance Support

Attachment: Minutes Council 010816

——– Original Message ——–
Subject: FW: Please check LGOIMA response on Delta PE documents and audio file
Date: Mon, 19 Sep 2016 20:48:01 +0000
From: Kristy Rusher
To: Elizabeth Kerr

Hi,

In relation to your request for the information about the Council’s decision regarding the Delta & the Noble Subdivision, we now provide you with:

1. The audio recording and transcript of the non-public section of the 1 August council meeting where this transaction was considered. Please click on this link: https://www.dropbox.com/sh/jcvhpn0w2a7v1n7/AADWTnaiJcP3R0YA-dZuuo1Ya?dl=0

2. A copy of reports presented as part of the non-public section of the August 1 council meeting where the Delta transaction was discussed.

3. The minutes of this part of the 1 August Council meeting are not yet included. That is because at yesterday’s meeting of the Council, an amendment was made to this section of the minutes. They will be provided to you in their amended form when the minutes of yesterday’s meeting become available.

The information you have requested is attached. Please note that due to the late conclusion of yesterday’s Council meeting we were unable to provide you with this response yesterday.

Audio Recording of Discussion at Council Meeting

There were some technical difficulties experienced with the recording of the meeting. Unfortunately this resulted in only the first part of the meeting up until the first adjournment being recorded. We have sought expert help to recover the rest of the recording but it is blank.

An independent party has also transcribed the audio file that is available and this transcript is attached. This provides details of each speaker and may help your listening of the file.

If you have any questions please contact me in the first instance.

Regards, Kristy

Attachments:
1. CNL20160801_1967_207_5.pdf
2. Transcript of Meeting 2016_08_01 np.pdf
3. Noble-Yaldhurst Village Update – 2016_08_01 final.pdf

GO TO NEW POST
27.9.16 Has DCC Delta stupidly bought into another Pegasus . . . . #notquite

Why has our Dunedin City Council decided to have anything to do with Infinity via council owned company Delta ? Which Infinity ? Infinity Investment Group Holdings Ltd ? Infinity Yaldhurst Ltd ? And who is Infinity Finance and Mortgage Ltd, of a bedroom at 12A Fovant St, Russley ? Is ‘Infinity’ a front for Gordon Stewart’s Noble Investments Ltd ? We delve…. Meanwhile, here’s Infinity’s slow-troubled-road Pegasus. Cont/

█ For more, enter the terms *delta*, *infinity*, *noble* or *epic fraud* in the search box at right.

Posted by Elizabeth Kerr

Election Year. This post is offered in the public interest.

2 Comments

Filed under Business, DCC, DCHL, DCTL, Delta, Democracy, Economics, Finance, Housing, Infrastructure, New Zealand, OAG, Ombudsman, People, Politics, Project management, Property, Public interest, Resource management, Site, Town planning, Transportation, Travesty, Urban design

Delta #EpicFail —Epic Fraud #13 : Councillors! How low can you Zhao ?

Updated, this post was originally published on 29 Aug 2016.

Received from Christchurch Driver [CD]
Thu, 15 September 2016 at 6:53 p.m.

Readers

Recently some diligent whatiffers (thank-you Mick, Calvin), have provided some very pertinent information that puts your intemperate correspondent well ahead of the chasing pack that is national media.

Delta’s financial “breakthrough” at the Noble Subdivision got an airing on National Radio “news” late last month. Strangely, there was no mention of the buyers’ troubled history that checkmated $101M into the big depository in the sky. Fortunately, online media Stuff (26.8.16) has better quality reporting than our erstwhile public servants (well chaps, it was the weekend after all) and had this epic fail firmly in their sights. Vaughan Elder at the ODT (27.8.16) also stepped up to the plate, hammering home the $101M Infinity fail. “Efforts to contact Infinity Yaldhurst were unsuccessful,” said Vaughan [before ODT updated the article]. No prizes for why…..Go Vaughan you good thing !

Tonight, readers, over a cup of Bell or two (put that Twining’s rubbish away – we’re not in Fendalton now !)….. we shall look at a likely funder at Noble (at third mortgage level, no less), and in doing so we shall arrive at the quiet suburban destination of 12a Fovant St, Russley; the poor man’s Fendalton, if you will. Once again, truth trumps fiction, and from this secure and modest address it is quite probable the highly insecure and very immodestly sized Noble Subdivision will receive finance.

Firstly, readers, it is important to understand what your complete turnips of Councillors could not, and that is : it is the holder of the first mortgage that basically drives the train in any development. When things go bad – often – the developer gets told to go sit in the corner and play with some knives while the first mortgage owners decide what is best for them, and them alone, and the size of the haircut for everyone else. Delta have just found this out the expensive way to their approximate overall loss of $25M. Delta now wholeheartedly agree with this theory because they happily spent $3.39M of ratepayer funds to buy 67.5% of a $1.75M first mortgage, which was an illegal transaction at that. Mr Crombie and Mr Cameron say that interest doesn’t count ….Turnips that need to be culled, you say : I hear you!

But the problem with first mortgage holders is that they are very often banks that don’t have a large appetite for risk, and they hate “mezzanine financing” with all the conservative passion they can muster. Mezzanine funding is what they call funding projects during their construction. If things go wrong of course at the construction stage (consider Noble), there is only a half-finished at best project…. worth precisely nothing, which tends to play havoc with the banks’ precious LTV (loan-to-value) guidelines.

Readers will remember this was precisely the scenario at Noble where the mortgagee sale was marketed on the basis that it was bare land, ie the $11.5M of half-finished work by Delta was deemed to be worth nothing. So while Delta trumpet that there is a bank as a first mortgagee involved, your correspondent surmises that given the project’s radioactive history, it is a very small first mortgage, that is nowhere near big enough to finance the completion of even the first stage of the subdivision.

This leads us to some very interesting territory. How to fund the construction ? A smallish bank first mortgage, Delta as second mortgagee. Even Grady Cameron and possibly even Mr McLauchlan comprehend that they would be sacked if they advanced more public funds to Noble on a second mortgage basis. Could the purchaser, Infinity Yaldhurst Ltd fund it ? We do not know this, because of the commercial stupidity of most of your Councillors : we understand it was explained to them fatty-cull-using-hula-hoop-cartoon-figure-via-123rf-comin words of almost one syllable at the Council meeting on 1 August that it was a VERY BAD THING to lend $13M-odd as a second mortgage, NOT KNOWING THE SPECIFICS OF THE OVERALL PROJECT FUNDING or the details of the “purchaser”, the shell company Infinity Yaldhurst, set up specifically for one project that has no assets and NO BACKING OR GUARANTEE from any other Infinity Group Company that managing director Paul Croft is involved in.

(Perhaps our walking photo opportunity that is the Mayor could advise us what sort of COLLATERAL SECURITY has been offered by Infinity Yaldhurst).

What is an impecunious property developer to do ? Readers, allow me to introduce to you…. Infinity Finance and Mortgage Ltd. This interestingly named company was incorporated on 17 March 2016. Your correspondent thinks that it provides a clue as to how the Noble Subdivision may be financed. Its sole director and shareholder is a fellow named Xiangqing ZHAO aka Xiang Qing ZHAO. The registered office of this apparent titan of finance is at 12a Fovant St, Russley, Christchurch. This is just a little more than a stone’s throw from the Noble Subdivision.

yaldhurst-village-and-12a-fovant-st[click to enlarge]

A quick peep at Google Street View shows that Fovant St is a street of well tended and modest homes. There is not a single commercial premises evident. Now 12a (with a little pool in the backyard) is not actually visible from the street, being blocked by a quite nicely proportioned brick and tile bungalow from early 1970s, approximate value $590,000.

12a-fovant-street-russley-christchurch-google-earth12a Fovant Street, Russley [Google Earth]

Mr Zhao’s previous commercial activities are also, ahem, somewhat idiosyncratic. Mr Zhao’s visible means of support includes his being the Shareholder of a pizza company, “X Pizza Ltd” and a company called “A-Team Company”.

So there is a suspicion that Dunedin City Councillors voted, at their meeting on 1 August, to lend $13M to a shell company, Infinity Yaldhurst, that may be receiving some form of finance from a company effectively controlled by an Asian, with a predilection for pizza, operating property investment companies and a finance company out of his bedroom – safely out of sight, down a driveway on a back section in Russley. It would be impossible to make this up. Gold Band at least had premises and statutory reporting requirements that it fulfilled. With Mr Zhao there is the very strong suspicion there will be a wall of opacity when things turn bad, and 12a will be sublet to Irish construction workers who have never heard of Mr Zhao and don’t know who receives their rent.

It is very significant our mendacious minders at Delta did not make any reference to precisely how the project would be funded on their breathless press release (26.8.16). Readers and ratepayers should be prepared for the fantastic fact that the Noble Subdivision is so troubled and radioactive it requires a THIRD mortgage (ie after the Bank, and after Delta) from an Asian “bedroom funder” several steps below a Microfinance company. Good grief, what next – crowd funding ?

One cannot escape the thought that perhaps the money that may be advanced does not belong to Mr Zhao, but he has some access to funds from Asia. We do know that a tsunami of cash from China in the last 12-18 months has washed through Australia, in particular the Gold Coast, and that cash has purchased an amazing amount of property there. It would be entirely unsurprising if Asian interests looked at this as a no-lose situation to park some funds. Plan A : Lend money to Infinity Yaldhurst at 25% plus (remember Delta were or are getting 22.5%). Plan B : If the project tips up yet again, buy out the first and second mortgage holders for about $16-20M, and create Christchurch’s first gated community dedicated to Asian peoples. Many of the sections are only 125 sq m, which would suit Asian immigrants, more than local residents.

The question readers, is how low – how low can our turnip Councillors Zhao ?

[ends]

● INFINITY YALDHURST LIMITED (5886102)
Incorporation Date: 09 Feb 2016
Address for service:
Jackson Valentine Limited, Level 3, 258 Stuart Street, Dunedin 9016
http://www.companies.govt.nz/co/5886102

● INFINITY INVESTMENT GROUP HOLDINGS LIMITED (1004601)
Incorporation Date: 06 Dec 1999
Address for service:
Jackson Valentine Limited, Level 3, 258 Stuart Street, Dunedin 9016
http://www.companies.govt.nz/co/1004601

● INFINITY FINANCE AND MORTGAGE LIMITED (5920307)
Incorporation Date: 17 Mar 2016
Address for service:
Infinity Finance and Mortgage Limited, 12a Fovant Street, Russley, Christchurch 8042
http://www.companies.govt.nz/co/5920307

Related Posts and Comments:
26.8.16 Delta #EpicFail —EpicFraud #12 : The Buyer Confirmed
24.8.16 Delta peripheral #EpicFail : Stonewood Homes —Boult under investigation
8.8.16 Delta #EpicFail —Epic Fraud #11 : The Buyer
1.8.16 Delta #EpicFail —The End Game according to CD
31.7.16 Delta #EpicFail —Epic Fraud #10 : The Beginning of the End : Grady Cameron and his Steam Shovel

█ For more, enter the terms *delta*, *noble* or *epic fraud* in the search box at right.

Posted by Elizabeth Kerr

Election Year. This post is offered ion the public interest.

*Images: 123rf.com – Fatty Cull using Hula Hoop, tweaked by whatifdunedin | Noble Subdivision close proximity to 12a Fovant St [Mick Field overlay]

5 Comments

Filed under Business, Construction, DCC, DCHL, DCTL, Delta, Democracy, District Plan, Economics, Finance, Geography, Housing, Infrastructure, Media, Name, New Zealand, OAG, Ombudsman, People, Politics, Project management, Property, Public interest, Resource management, SFO, Site, Town planning, Travesty, Urban design

Delta Yaldhurst : Local Opinion + Update from Caveators via NBR

ODT 1.9.16

2016-09-02 20.52.28

*Name correction: Graham Crombie.

Mr Crombie is the chairman of Dunedin City Holdings Ltd (DCHL). Grady Cameron is Delta’s chief executive. -Eds

****

Sally Lindsay writes on the Delta fiasco at NBR today: ‘Christchurch development still entangled in litigation despite sale’ (pages 3 & 7).

“The sale is not deterring neighbours Colin Stokes and Gregory Smith from court action and Mr Stokes says Delta and Gold Band Finance have been joined to the proceedings originally launched against developer Noble Investments over a breach of contract. […] The litigants are claiming the value of 13 sections on their land had it been able to be subdivided. Mr Stokes says the sections would be conservatively valued at $200,000 each and the [action] also includes a claim for damages because of the holdups to their project, which they expected to launch in 2008. […] Mr Stokes is expecting the court case to be heard within the next year.”

Posted by Elizabeth Kerr

Election Year. This post is offered in the public interest.

4 Comments

Filed under Business, Construction, DCC, DCHL, DCTL, Delta, Democracy, Design, District Plan, Economics, Finance, Geography, Housing, Infrastructure, Media, Name, New Zealand, OAG, Ombudsman, People, Politics, Project management, Property, Public interest, Resource management, Site, Town planning, Transportation, Urban design

Johnstone on ORC report : ‘The Natural Hazards of South Dunedin’ (July 2016)

The Natural Hazards of South Dunedin – July 2016 [read online]
Otago Regional Council
ISBN: 978-0-908324-35-4
Report writers:
Michael Goldsmith, ORC Natural Hazards Manager
Sharon Hornblow, ORC Natural Hazards Analyst
Reviewed by: Gavin Palmer, ORC Director Engineering, Hazards and Science
External review by: David Barrell, Simon Cox, GNS Science, Dunedin

Received from Neil Johnstone
Sun, 29 Aug 2016 at 8:17 p.m.

Message: Misinformation on the causes of the June 2015 South Dunedin flood have abounded since the event. As if the victimised residents haven’t suffered enough from others’ inactions (before and during the event), they are now being subjected to a hazards discovery process whose vigour appears to be exceeded only by its own recklessness. Following are a commentary of the hazards approach adopted by the Otago Regional Council (ORC), and a summary of my investigations into the flood event that I commenced after the publication of Dunedin City Council’s first flood report back in November 2015.

You can download Neil Johnstone’s report or read it below (formatted slightly differently to suit the WordPress template).

█ Download: A REVIEW OF ORC REPORT THE NATURAL HAZARDS OF SOUTH DUNEDIN (1) (PDF, 587 KB)

AN APPRAISAL OF RECENT REPORTING OF SOUTH DUNEDIN HAZARDS

N.P JOHNSTONE, BEng (Civil), MIPENZ

1. Introduction

There is some irony that DCC and ORC should be planning “drop in” sessions for residents in respect of South Dunedin hazard issues during September 2016, some 15 months after the major flood. The prime cause of flooding in June 2015 was DCC’s failure to maintain its infrastructure (not just mudtanks), and its failure to operate its pump stations to their intended capacities. The subsequent spread of misconceptions (i.e. groundwater levels, rainfall significance etc) surrounding the flood causes was at least partly due to inaccurate ORC analyses and reporting.

Repetitive and new doubtful information emanating from ORC via its latest report has been noted. Presentations and an over-simplistic video production have been observed. A footnote covering these observations is included at the end of this appraisal.

Long-delayed DCC reports on causes of the South Dunedin flooding have already been strongly criticised by the author. Specifically discredited are misrepresentations of sea level, groundwater and rainfall ranking. Accepted now by DCC as factors (somewhat grudgingly, and depending on the audience) are mudtank blockage and Portobello Road pump station failures (plural); still to be fully acknowledged are the failures at Musselburgh Pumping Station.

Attention is now turned to significant parts of hazard reports produced by the Otago Regional Council and utilised by DCC.

2. Coastal Otago Flood Event 3 June 2015 (ORC, published October 2015)

This report deals with a wider area than South Dunedin. It is apparent that ORC staff never visited the flooding areas of South Dunedin on 3 June, but took advantage of fine weather to take some water level readings the following day. The opportunity for useful progressive surface water level recording was thus lost. Levels were collected at some 150 points on 4 June. ORC’s main conclusion was that “localised variations in topography were probably the main driver of flood depth”. Or, put another way, water depth was deepest where the ground was lowest. This seems hardly surprising, and even trivial. No attempt was made to explain the photographic images presented of extensive ponding remaining well after the rains had ceased. The phenomena of blocked mudtanks and unutilised pumping capacity went seemingly unnoticed.

The report does usefully reference ORC’s four borehole recorders of groundwater, but makes the somewhat misleading assessment that groundwater levels were “elevated” prior to the rainstorm. This misinformation was seized upon by agencies such as DCC and the Office of the Parliamentary Commissioner for the Environment to highlight climate change impacts.

Having obtained the actual groundwater level data from ORC via the LGOIMA process, the author was able to reveal this “groundwater fallacy” in reviews from February 2016, but it was not until the publication of NZ Listener’s article (June 11-17, 2016) entitled ‘FLOOD FIASCO’ that ORC admitted that pre-flood groundwater levels were in fact “just a little bit above average”. ORC now seems intent on resurrecting this fallacy.

The ORC report fails to address the real and key issues of pumping station failures (Portobello Road and Musselburgh), or comparisons with much lesser flood impacts in the larger rainfall event of March 8/9 1968.

The report states that the 2015 24-hour rainfall was the largest since 1923. This was patently incorrect, but again was utilised by DCC to divert blame from their role in the disaster.

3. The Natural Hazards of South Dunedin (ORC, published July 2016)

The report states unambiguously in its Opening Summary that the major flooding of June 2015 was “a result of heavy rainfall, surface runoff, and a corresponding rise in groundwater”. By now, most people are aware that the causes of the flooding’s disastrous impact were failure to optimally operate pumping stations, failure to clear mudtanks, and failure to deploy staff to key areas during the event. Again, none of these factors is addressed in ORC’s report.

The report presents a table on its second page entitled “Factors Which Can Influence Flood Hazard”. Examples of exaggerated negativity include:

1. Heavy Rainfall:
– Many recorded instances of rainfall leading to surface flooding.
– Heavy rainfall events have occurred frequently over the last decade.

Comment: These conclusions do not appear to be supported by the report’s text, and are vague, factually challengeable and alarmist. Prior to 2015, no major flooding had occurred in South Dunedin since 1968, and even that was minor by comparison.

2. Sea Level:
– Groundwater level fluctuates (by up to 0.5m near the coast) on a twice-daily cycle in response to normal ocean tides.

Comment: All of South Dunedin is near the coast; most of the area does not experience such large fluctuations. This should have been made clear by the inclusion of groundwater data from all 4 ORC sites across the plain, not just from Kennedy Street.

3. Seismic:
– Large earthquakes could result in increased flood hazard on the South Dunedin plain, due to liquefaction-related land subsidence or direct, sudden, changes in land elevation relative to sea level.

Comment: All areas of NZ have some susceptibility to earthquake damage. Dunedin is amongst the areas at lowest risk; no incidences of even minor liquefaction have ever been reported in South Dunedin, and little or no clearly liquefiable materials have been identified (Refer GNS, 2014*). Continue reading

27 Comments

Filed under Baloney, Business, Climate change, DCC, Democracy, District Plan, Dunedin, Economics, Finance, Geography, Health, Heritage, Housing, Infrastructure, Name, New Zealand, OAG, Ombudsman, People, Politics, Project management, Property, Proposed 2GP, Public interest, Resource management, Site, South Dunedin, Town planning, Transportation, Travesty, Urban design, What stadium

Delta #EpicFail —EpicFraud #12 : The Buyer Confirmed

Received from Christchurch Driver [CD]
Fri, 26 Aug 2016 at 9:47 p.m.

Readers, you must allow your correspondent some iced cupcakes with his Choysa tonight, go on then, the ones with the cherry on top….your correspondent, with a modicum of luck was in fact 100% successful in the dire prediction that Infinity, of Wanaka, are indeed the purchasers of the Noble Subdivision. Our friends at Delta have issued a breathless press release explaining they are or have received $0.9m – yes $0.9M, from their friends at Infinity. The sky is blue, houses will be built, Delta’s financial fruit will follow. Fancy that !! Let us allow reality to intrude : This is the first, and only guaranteed payment that Delta will receive for the outstanding $25M+ debt they have incurred there. That’s not low hanging fruit, it’s been trampled underfoot and is not even worth stewing (over). Trampled underfoot also is the small matter of the outstanding interest. Would it be churlish to remind readers that Delta, of course, has written off about $12M in interest because it wanted to protect certain reputations more than it wanted to protect ratepayers ? Would it spoil Delta’s collective fist pump to remind them that $0.9M is no more than (and likely less than) 4% of the outstanding debt ? Yes I thought so. Delta as debt collectors ? = EpicFail.

Missing in Delta’s gushing remarks from Grady Cameron was any mention of the Constructive Fraud action. It seems that the hapless Mr Smillie has taken Delta down a dark cul-de-sac yet again this week. Mr Smillie has opposed Delta being joined to the constructive fraud action, with a mistaken understanding of High Court rule 4.56. However, that rule is not relevant and it is trumped by High Court Rules 4.1 and 4.3 which allow parties to be joined. Basically, the rules allow that a plaintiff can joinder anyone at any time, and the plaintiff caveator in this action is 100% unlikely to allow the central party to the constructive fraud action (yes, that is you Grady as CEO of Delta) to smile bashfully and say “can I go now?” after having undermined the interests of the neighbours on occasions too numerous to count at this point. Oh well Mr Smillie, another unpaid legal bill….

This is an important point because our Delta friends seem oblivious to the impending legal actions they are facing. Delta think that because the caveats were lifted, all is well, but that is still subject to a court of appeal hearing, and the way is open now for Delta to have another action brought against them by the neighbours. Delta and the DCC’s pockets are deeper than Gold Band’s, and they can’t go broke, so from the neighbours’ view, what’s not to like ?

Delta’s utter stupidity is revealed when the press release acknowledges that they have allowed a bank lender to take the first mortgage over the property, and have put themselves, yet again in the same weak position. As noted in the Delta —EpicFraud #10 post, Dunedin City Council just needed to show a scrap of acumen and take control of the subdivision. Now their fortunes are tied to an even weaker developer than Noble (how is that possible ?), who has managed to lose, much, much more money than Noble (truth stranger than fiction), and to cap it off, are in the same second mortgage position. This is not logical. But it is a windfall – for Infinity. Could there be a quid pro quo somewhere ?

Turnips all round. Readers, consider when voting, that Cr Lee Vandervis is the only surviving councillor (there were only ever two, Hilary RIP from Council) who grasps this major issue and has fought for the ratepayers. Cr Vandervis has never been one to accept Mr Crombie’s vague platitudes and was always wary of Mr McKenzie. Vandervis for Mayor.

[ends]

From: Gary Johnson [Gary.Johnson @thinkdelta.co.nz]
Sent: Fri, 26 Aug 2016 at 4:21 p.m.

Message: Please find media release attached regarding a breakthrough on recovery of outstanding debt owed to Delta in relation to the Yaldhurst Village subdivision.

160826 Media Statement_Breakthrough on Yaldhurst subdivision debt recovery

160826 Media Statement_Breakthrough on Yaldhurst subdivision debt recovery

“With a new developer, new financing and removal of the caveats, the way is now clear for the Yaldhurst Village subdivision to restart….” Mr Grady (sic) said. –emphasis by whatifdunedin

### ODT Online Fri, 26 Aug 2016
Delta sells Christchurch subdivision
By Vaughan Elder
Delta has hailed the sale of a controversial Christchurch subdivision as a breakthrough in its efforts to recover $13.4 million in bad debt. The Dunedin City Council owned infrastructure company yesterday announced Wanaka-based developers Infinity Group purchased the Yaldhurst Village subdivision. […] The purchase means Delta has entered a new loan agreement with Infinity Yaldhurst Limited, to replace the existing $13.4 million debt owed to Delta by the original developer.
Read more [See tomorrow’s ODT]

● INFINITY YALDHURST LIMITED (5886102)
Incorporation Date: 09 Feb 2016
Address for service:
Jackson Valentine Limited, Level 3, 258 Stuart Street, Dunedin 9016
http://www.companies.govt.nz/co/5886102

Ultimate holding company :
● INFINITY INVESTMENT GROUP HOLDINGS LIMITED (1004601)
Incorporation Date: 06 Dec 1999
Address for service:
Jackson Valentine Limited, Level 3, 258 Stuart Street, Dunedin 9016
http://www.companies.govt.nz/co/1004601

Related Posts and Comments:
8.8.16 Delta #EpicFail —Epic Fraud #11 : The Buyer
1.8.16 Delta #EpicFail —The End Game according to CD
31.7.16 Delta #EpicFail —Epic Fraud #10 : The Beginning of the End : Grady Cameron and his Steam Shovel

█ For more, enter the terms *delta*, *noble* or *epic fraud* in the search box at right.

Posted by Elizabeth Kerr

Election Year. This post is offered in the public interest.

13 Comments

Filed under Business, Construction, DCC, DCHL, DCTL, Delta, Democracy, Design, District Plan, Economics, Finance, Geography, Housing, Infrastructure, Name, New Zealand, OAG, Ombudsman, People, Perversion, Politics, Project management, Property, Public interest, Resource management, Site, Town planning, Transportation, Travesty, Urban design

Delta peripheral #EpicFail : Stonewood Homes —Boult under investigation

Stonewood Homes New Zealand Ltd was placed in receivership on February 22, 2016, owing unsecured creditors $15M.

Jim Boult [Stacy Squires - stuff.co.nz] bw### ODT Online Tue, 23 Aug 2016
Investigation of mayoral candidate
By Mark Price
Queenstown mayoral candidate Jim Boult is to be investigated in relation to the collapse of Stonewood Homes New Zealand Ltd, something Mr Boult says he welcomes. Ernst and Young liquidator Rhys Cain said yesterday an investigation into the failed company would begin “in the next few days”. It would examine the workings of the company during the two years before its collapse, with a “specific focus” on its final six months. […] Mr Boult was a member of the board of the Christchurch building company for about a year and acted as executive chairman for a period. He stood down from the board on February 1, 2016, telling Mountain Scene later he had done so because he had been part of an attempt to buy Stonewood before receivers were called in and he considered he had a conflict of interest. […] Asked if he could rule out action against Mr Boult, Mr Cain said: “No”.
Read more

Related Post and Comments:
11.3.16 Delta peripheral #EpicFail : Stonewood Homes and ancient Delta history

█ For more, enter the terms *delta*, *noble* or *epic fraud* in the search box at right.

Posted by Elizabeth Kerr

Election Year. This post is offered in the public interest.

*Image: stuff.co.nz – Jim Boult by Stacy Squires

1 Comment

Filed under Business, Construction, Delta, Democracy, Design, District Plan, Economics, Geography, Infrastructure, Media, Name, New Zealand, OAG, People, Politics, Project management, Property, Public interest, Resource management, Site, Town planning, Transportation, Travesty, Urban design

Mayor Cull IS NOT YOUR MAN #elections #steamingheaps : DCC, Delta, Aurora, DCHL, DCTL

ODT 19.8.16 (page 10)
– purple text overlay by whatifdunedin

ODT 19.8.16 Letters to editor Murray p10

Dave is Dave 2016 Delta pieces unite where they fall

### ODT Online Fri, 12 Aug 2016
‘Dangerous mess’ addressed, remedied after 2011 review
By Dave Cull
OPINION Claims that council-owned companies are out of control and lack transparency (ODT, 5.8.16 and the editorial 6.8.16) are sadly ill-informed, lack business understanding and worse, threaten the ratepayers’ asset value. […] Ratepayer-owned companies are more expertly governed and more comprehensively examined and reported on than ever before.
Read more

E X P E R T L Y ● G O V E R N E D

M O R E ● C O M P R E H E N S I V E L Y ● E X A M I N E D

E N T I R E L Y ● L A U G H A B L E

Related Post and Comments:
● 12.8.16 DCC trifecta : openness, transparency, accountability —All dead?

R E P E A T ● R E P E A T

Delta Utility Services Ltd (“Delta”) has been joined in a constructive fraud action brought by original Landowners/Caveators of the Noble Subdivision application at Yaldhurst, Christchurch.

Very substantial multimillion-dollar losses caused to Dunedin Ratepayers (on Mayor Cull’s shift) stem from Delta’s decision in 2009 to involve themselves in the illegal and unconsented subdivision. This all follows multimillion-dollar losses (about $14M) suffered by Ratepayers as a consequence of Delta’s involvement in the Luggate and Jacks Point subdivisions.

On Monday 1 August, we had absolute Confirmation that the city council is Not transparent —the Council blindly followed (without proper or worthy documentation; no diligence done by Councillors; no thoroughly independent legal advice to Council) the manipulations of Mr Crombie, DCHL chairman, assisted by the head of DCC Finance Committee, Cr Thomson, threading a ‘long’ story to seal a bad ‘Delta’ deal.

ODT reported (3.8.16): ‘Deal designed to help Delta’s bad debt woes’. This deal, “to help Delta recover a $13.4million bad debt from a stalled Christchurch subdivision”, unfortunately, fails to give DCC control over the whole Noble subdivision, which DCC could have secured for relatively little financial outlay (as Advised by What if? Dunedin in emails to all Councillors; and of course by the Caveators), resulting in generous profits in a longer time frame.

So the Old Boys have conspired once more to use Rates funds to line the pockets of those they would work with and protect, this time at Yaldhurst —Not named by DCHL/Delta : The Buyer of the subdivision. [which may include Delta types]

The ODT editorial (6.8.16) rightly states: “Delta has a history of secrecy and limited transparency, stretching back many years to the time it was a council department.”

As our correspondent Christchurch Driver says in a recent post (8.8.16): “Delta, for the third time, [has] created a stinking financial mess … Ratepayers now know that [Dave Cull] is unfit to be Mayor and has not a shred of any concern for the interests of Ratepayers but is simply part of the Dunedin establishment who protect each other.”

█ For more, enter the terms *delta*, *noble* or *epic fraud* in the search box at right.

Posted by Elizabeth Kerr

Election Year. This post is offered in the public interest.

*Image: Dave Cull tweaked by whatifdunedin

15 Comments

Filed under Aurora Energy, Business, Construction, DCC, DCHL, DCTL, Delta, Democracy, District Plan, Dunedin, Economics, Finance, Geography, Housing, Infrastructure, Media, Name, New Zealand, OAG, Ombudsman, People, Pet projects, Politics, Project management, Property, Public interest, Resource management, Site, Town planning, Transportation, Travesty, Urban design

DCC trifecta : openness, transparency, accountability —All dead?

Dave is Dave 2016 Delta pieces unite where they fall

Three words : O U T ● O F ● T I M E

### ODT Online Friday, 12 August 2016
DCC affirms transparency commitment
By Chris Morris
The Dunedin City Council says it remains committed to transparency, despite a nearly year-long delay responding to an official information request. […] The comment came after council staff last week again delayed their response to an Otago Daily Times request for information relating to the former Carisbrook site. The ODT’s request dated back to September last year, and the council — like other local authorities — is required by law to respond as soon as possible within 20 working days. […] Last week, six weeks after the ODT again requested an update, council staff initially said no further action had been taken, and would not be taken now until after October’s elections.
Read more

One word : T I M E L Y

### ODT Online Fri, 12 Aug 2016
Departure reshuffle
The departure of the Dunedin City Council’s group chief financial officer, Grant McKenzie, has triggered a minor reshuffle within the organisation. […] Council financial controller Gavin Logie has … been named acting chief financial officer until Mr McKenzie’s replacement is named.
Read more

Three words : D E L T A ● A U R O R A ● D C H L

### ODT Online Fri, 12 Aug 2016
‘Dangerous mess’ addressed, remedied after 2011 review
By Dave Cull
OPINION Claims that council-owned companies are out of control and lack transparency (ODT, 5.8.16 and the editorial 6.8.16) are sadly ill-informed, lack business understanding and worse, threaten the ratepayers’ asset value. […] Ratepayer-owned companies are more expertly governed and more comprehensively examined and reported on than ever before.
Read more

*Delta Utility Services Ltd (“Delta”) has been joined in a constructive fraud action brought by original Landowners/Caveators of the Noble Subdivision application at Yaldhurst, Christchurch. Very substantial multimillion-dollar losses caused to Dunedin Ratepayers (on Mayor Cull’s shift) stem from Delta’s decision in 2009 to involve themselves in the illegal and unconsented subdivision. This all follows multimillion-dollar losses (about $14M) suffered by Ratepayers as a consequence of Delta’s involvement in the Luggate and Jacks Point subdivisions.

We know what ‘out of control’ means.

On Monday 1 August, we had absolute Confirmation that the city council is Not transparent —the Council blindly followed (without proper or worthy documentation; no diligence done by Councillors; no thoroughly independent legal advice to Council) the manipulations of Mr Crombie, DCHL chairman, assisted by the head of DCC Finance Committee, Cr Thomson, threading a ‘long’ story to seal a bad ‘Delta’ deal.

Bad for the Ratepayers.

ODT reported (3.8.16): ‘Deal designed to help Delta’s bad debt woes’. This deal, “to help Delta recover a $13.4million bad debt from a stalled Christchurch subdivision”, unfortunately, fails to give DCC control over the whole Noble subdivision, which DCC could have secured for relatively little financial outlay (as Advised by What if? Dunedin in emails to all Councillors; and by the Caveators), resulting in generous profits in a longer time frame.

So the Old Boys have conspired once more to use Rates funds to line the pockets of those they would work with and protect, this time at Yaldhurst —Not named by DCHL/Delta : The Buyer of the subdivision. [which may include Delta types]

As the ODT editorial (6.8.16) rightly states: “Delta has a history of secrecy and limited transparency, stretching back many years to the time it was a council department.”

We’re sure the Mayor and Cr Thomson are well up on that particular reading, in the privacy of their gentlemen’s armchairs.

As our correspondent Christchurch Driver says in a recent post (8.8.16): “Delta, for the third time, [has] created a stinking financial mess … Ratepayers now know that [Dave Cull] is unfit to be Mayor and has not a shred of any concern for the interests of Ratepayers but is simply part of the Dunedin establishment who protect each other.”

Nothing changes at DCC, DCHL or Delta (except overt culpability!) —shortly, What if? Dunedin will deal to Aurora Energy, which has the same Chief Executive and Board of Directors as Delta.

█ For more, enter the terms *delta*, *noble* or *epic fraud* in the search box at right.

Posted by Elizabeth Kerr

Election Year. This post is offered in the public interest.

*Image: Dave Cull tweaked by whatifdunedin

12 Comments

Filed under Aurora Energy, Business, Construction, DCC, DCHL, DCTL, Delta, Democracy, District Plan, Dunedin, Economics, Finance, Geography, Housing, Infrastructure, Media, Name, New Zealand, OAG, Ombudsman, People, Pet projects, Politics, Project management, Property, Public interest, Resource management, Site, Town planning, Transportation, Travesty, Urban design

Delta #EpicFail —Epic Fraud #11 : The Buyer

Received from Christchurch Driver [CD]
Sun, 7 Aug 2016 at 11:08 p.m.

Your correspondent was heartened to read Saturday’s ODT editorial. It was mostly on the money, apart from the fabrication that Delta pays a dividend most years, when it is well known that for many years it borrowed to provide dividends, and it will not pay a dividend for the next three years.

[screenshot]ODT Online 6.8.16 Editorial [odt.co.nz_time-transparency]

In its diplomatic way, the editorial conveyed the (accurate) impression that

A)
Mayor Cull is a either a devious and unfaithful turnip or he is a blundering nincompoop. Given his disgusting complicity with DCHL Chair Crombie, last week, making simply absurd and risible statements as to why Delta CEO Cameron did not need to appear at the Council meeting and explain to Council how Delta, for the third time, had created a stinking financial mess, and done so under his approval to proceed at Noble in 2009, to build an illegal and unconsented subdivision. All Mayor Cull had to do to show some integrity and leadership was to insist to Delta and DCHL that Mr Cameron appear as per Councillors Vandervis and Calvert’s request. Ratepayers now know that he is unfit to be Mayor and has not a shred of any concern for the interests of Ratepayers but is simply part of the Dunedin establishment who protect each other. It is clear a great many Ratepayers have already come to this conclusion : As part of his mayoral campaign, Mayor Cull’s Facebook page invited feedback in recent weeks and it was so overwhelmed by negative and derisive comments – that he could not refute – that he simply stopped attempting to respond after two attempts. Readers should find the site – it may well have been taken down after the avalanche of negative feedback – and make THEIR views of Mr Cull known.

B)
Named and shamed the four Delta Directors, Frow, McLauchlan, Kempton and Parton, and that they contributed to the history of “secrecy and limited transparency” of Delta, a culture that “continues to envelope a company which is effectively owned by ratepayers”. ODT readers did not have to join too many dots to see that the ODT is saying that these directors are not fit to be directors of a Ratepayer owned company and need to be sacked. This is very strong (and welcomed) from the ODT.
We should consider the curious case of Mr McLauchlan, who has had his nose in the Delta trough since 2007 : It was around that time that Mr McLauchlan gave accounting evidence to the High Court for Scenic Circle in a dispute, reported in the ODT, with the co-owner over the then –new Scenic Circle Dunedin City Hotel. Mr McLauchlan, as seems to be the pattern with Delta, tried to tell the Court that black was white, that effectively, debits were credits and vice versa. Unfortunately for Mr McLauchlan, the opposing side had a much more credible accounting witness, whose evidence was the complete opposite of Mr McLauchlan’s. Needless to say the Court much preferred the evidence of the opposing side, so it is a statement of fact that the Courts have found Mr McLauchlan to be an unreliable witness. One wonders if Delta knew this when they appointed him, or if it was part of the job description….

And then there was the other curious case of Mr McLauchlan’s short tenure as the “Crown Monitor” for the SDHB, where an outgoing board member publicly questioned if he had any utility at all, and what did he actually do for the approximate $30,000 a year he received for acting as the Crown Monitor. Mr McLauchlan then confirmed to the ODT he hadn’t actually done anything as Crown Monitor except attend the board meetings and make some phone calls to Wellington. He had not written any reports – at all.

C)
The ODT did not dwell on CEO Grady Cameron. Your correspondent was wrong in his last post – Mr Cameron was not left to sweat it out in front of Council, but probably had so much dirt on the Directors and DCHL that they could not risk him appearing, and they conspired to put Mr Crombie in front of Council.

However, the true dirt tonight is the identity of ‘The Buyer'(?) of the Noble Subdivision : (ODT – feel free to pick this up and make any inquiry you want). It is of course truly unbelievable that Council would approve a loan of $13.4M to a buyer that they do not know, which shows that a wholesale cleanout of Councillors is necessary. More on that later. However, Councillors are not going to want to know the identity of the Buyer because they make the dismal NIL (Noble Investments Ltd), Tom Kain, Gordon Stewart, et al look like paragons of commercial acumen.

Your correspondent’s information is that the Buyer may be or very well includes Infinity (of Wanaka). A caveat, readers : We seek through the glass, darkly, and are not privy to the full machinations of Mr Crombie and his cronies. It will not be certain until this is confirmed publicly, but we do know that Delta, via Mr Murray Frost, have been working on this “arrangement” for months. Perhaps the ODT might like to make inquiries of Mr Paul Croft, General Manager and CFO of Infinity Investment Group Holdings….
Now at one level Infinity and Delta are birds of a very, very similar feather, and it is clear why they would seek to stick together : Like Delta, this will be Infinity’s third attempt at a Canterbury subdivision. Like Delta, the other two have been failures. Readers, hold those cups of Tiger Tea tight…. Infinity’s abysmal financial performance on those projects makes Delta look like seasoned and competent professionals !!!

The amazing truth that is stranger than fiction : Infinity have lost MUCH MUCH MORE than Delta on their two failed Canterbury projects…… IN EXCESS OF $100M. I can hear the teacups rattling now, readers, “Prove it CD, prove it !!” Elementary, my dear readers : Here is the link to the Stuff.co.nz story that appeared last year. It takes a special effort to lose $100M on one deal, but Infinity pulled it off. Perhaps Delta’s Mr Cameron and CFO Dixon, having had their subdivision trainer wheels on since 2009, are ready to move up to the big leagues at Infinity and lose serious amounts of someone else’s money.

It beggars belief that Mr Frost, who has been acting for Delta (but mostly Noble, it appears), would actively court Infinity as the Buyer, and place at risk $13.4M of Dunedin Ratepayers’ money with a company with this recent history; when there was a far safer option of Dunedin City Council taking control of the project, perhaps in concert with a developer that HAD NOT lost $100M on the same sort of project. Let us not forget either, the other $12M that Mr Crombie has “given up on” reported by the ODT last week, as though it were a trifle as light as air. If it were your money, Mr Crombie, I don’t think you would be quite so cavalier.
Readers should remember that essentially the deal is that the Buyer (Infinity ?) will pay around $2.7M to Gold Band Finance, and $1M to Delta (probably for consultant and court costs !) and NO OTHER MONEY CHANGES HANDS. If that is the best that Delta / Gold Band could do I will eat my tea cosy.
Bottom line : This deal smacks of cronyism.

And here is the interesting part : Murray Frost, Graham Crombie and Stuart McLauchlan are all well known to each other. We hope that there will be assurances that there will be NO INVOLVEMENT or REMUNERATION either directly or indirectly to these three, or any other Delta or DCHL personnel, on the Noble Subdivision.

Mr Crombie – as someone allegedly with an IQ greater than room temperature – how could you think this deal passes the smell test for a Ratepayer owned company ? What if? understands you conspired to conceal key information about this deal from Councillors. As the ODT infers, you are a pathetic guardian for the Ratepayers’ interests and you need to conduct that cost/benefit analysis we advised you to do months ago, and prepare the resignation letter – before a new mayor orders a “review” of the DCHL structure, which as we all know is code for : “Get rid of those incompetents, ASAP”.

█ For more, enter the terms *delta*, *noble* or *epic fraud* in the search box at right.

Posted by Elizabeth Kerr

Election Year. This post is offered in the public interest.

*Image: Screenshot of ODT Online (detail) tweaked by whatifdunedin

22 Comments

Filed under Business, Construction, DCC, DCHL, DCTL, Delta, Democracy, Design, District Plan, Economics, Finance, Geography, Housing, Infrastructure, Name, New Zealand, OAG, Ombudsman, People, Perversion, Politics, Project management, Property, Public interest, Resource management, Site, Town planning, Transportation, Travesty, Urban design

LGOIMA requests to DCC from Colin Stokes #Delta #Noble #Yaldhurst

Received from Colin Stokes
Wed, 3 Aug 2016 at 12:30 p.m.

These emails are being circulated to national broadcast and print media today.

Colin Stokes, caveator and plaintiff, is one of the original landowners of the Noble Subdivision application (Yaldhurst, Christchurch).

In short, Delta, with its controlling interest at Noble, has joined with other parties, in the ongoing repeated attempt to defeat the known prior interests of Mr Stokes, Greg Smith, and others.

Those parties with Delta appear to have connived to form a new consortium to purchase and control the development, with ongoing cheap money from Dunedin Ratepayers to prop up their own private fortunes.

Life has never been so good for Mr Crombie, does he work for the likes of Justin Prain, Gordon Stewart, Murray Valentine, Murray Frost, Paul Croft
—Or us, poor little us who bleed.
Rhetorical.

Noble is like Sticky Pudding for fatsos.

Here are some straight shooting questions in public domain —for Transparency, that old so OLD concept not known to DCHL / Delta and the Noble / Gold Band bandits.

[Updated LGOIMA request]

From: Colin Stokes
Sent: Wednesday, 3 August 2016 12:27 p.m.
To: Sue Bidrose [DCC]
Subject: RE: LGOIMA: Noble Yaldhurst Subdivision Christchurch Delta DCC

Dear Dr Bidrose

Could I please amend my LGOIMA question number 4 below?

It was both Noble and Gold Band that enticed Delta to provide infrastructure and services at Delta’s cost on the promises of “agreements to have first-ranking first mortgages registered over the land.

Noble owned the land (it having been transferred to Noble by the neighbours for promises alone), and Gold Band held the thinly spread first mortgage over all 9 titles.
The enticement (recorded in their security sharing agreements):-
a. Noble agreed to give Delta “first-ranking first mortgages over the land” if Delta did the works at Dunedin ratepayers expense;
b. Gold Band agreed to swap priority of its first mortgage in favour of Delta over certain Lots if Delta did the works at Dunedin ratepayers expense;

c. Noble then reneged on providing the interests protected by the caveats that prevent Delta’s agreements to mortgage from being registered.
d. Gold Band (and Noble) (and with Deltas insistence apparently) then, under the guise of Gold Bands power of first mortgagee (despite its only 32.5% ownership of it), ran a mortgagee sale tender that lapsed Delta’s caveats protecting their agreements to mortgage used to entice the works.
Subordinate caveats, behind Deltas caveats, that protect the interests of [parties] associated with Nobles did not lapse in the tender documents; such as Southpac which is controlled by Nobles sole director Gordon Ralph Stewart.

So question 4 should correctly read:-

4 updated.
the total sum of “agreements to mortgage” given by Noble Investments Ltd (NIL) and Gold Band Finance Ltd to Delta to entice Delta to do work for them at Dunedin ratepayers costs?

Thanks and regards
Colin

[original LGOIMA request]

From: Colin Stokes [mailto:stokesy@xtra.co.nz]
Sent: Tuesday, 2 August 2016 11:07 p.m.
To: ‘Sue Bidrose’
Subject: LGOIMA: Noble Yaldhurst Subdivision Christchurch Delta DCC

Chief Executive Officer
Dr Sue Bidrose
Dunedin City Council (DCC)

LGOIMA: Noble Yaldhurst Subdivision Christchurch Delta DCC

I am one of dozens of resident owners in the above subdivision. We have prior interests from 2002 in the land that Delta has mortgages and shared mortgages and agreements to mortgages on.

I am also one of the residents that lodged caveats to protect these interests. I gave my caveators’ consent required of Delta to register its mortgage on the land. The consent was given on the clear condition and acceptance that the work Delta was securing with the mortgage included for the interests that the mortgagor/developer Noble owed us. Noble and Delta both agreed.

However we later discovered Noble and Delta had already designed a plan before they approached us whereby Delta was given the power (illegally under the Property Law Act) to instruct the first mortgagee Gold Band to do as Delta instructed in relation to defeating our caveats.

Noble and Delta then jointly constructed the works not including our provisions as agreed and making them impossible.

Delta later bought a 67.5% share of Gold Bands first mortgage (this too is illegal under the Property Law Act s84 – partial assignments are not permitted)

Delta then used Gold Band as planned to use their first mortgage position in Court to defeat our caveats to recover Delta’s subordinate debts.

We tried to redeem Gold Band and Delta’s shared first mortgage in 2014 but they refused us (we later found out that this was illegal under the Property Law Act as well – s102). We tried again recently but they illegally demanded double what it is worth and wouldn’t answer our request for information that we require to legitimately redeem it.

I understand they now propose to sell the land by way of mortgagee sale to defeat our caveat protection, despite that it’s illegal to do so given our prior interests and two refused requests to redeem the first mortgage.

I also understand from media statements and statements made in public Council meeting, that Delta are seeking to write off millions of dollars of debt in the subdivision ($25m debt due in Feb 2016) and are now only “chasing $13.3m”.

I have information that Noble gave Delta a mortgage (with our caveators’ consent), and agreements to mortgage subject only upon our caveats being defeated or removed, to a total of at least $22.7m. This seems peculiar that if Delta can have $22.7m in security that it would write off above $13.3m of what the law would require MUST go to ratepayers.

I am aware that DCC 100% own Dunedin City Holdings Ltd (DCHL) and that DCHL 100% own Delta Utility Services Ltd; so under the Local Government Official Information and Meetings Act (LGOIMA), in relation to the Noble Yaldhurst Subdivision Christchurch, please provide:-

1. the valuation’s for the mortgaged property that DCC is relying on in its proposal that Delta must lose multiple millions of dollars in debt due to Dunedin ratepayers (despite having “securities in the land that covers the debt” according to Delta media releases)?

2. the total debt due to Delta from the subdivision (actual debt including what Delta consider to be doubtful it can recover)?

3. the total debt secured on the land in mortgage? a/ share of first mortgage? and b/ second mortgage amount including interest?

4. the total sum of “agreements to mortgage” given by Noble Investments Ltd (NIL) to Delta to entice Delta to do work for them?
{See email above for new wording to 4. -Eds}

5. the tender documents and agreements that are, or have been, before DCC for their consideration including how those amounts are proposed to be distributed?

6. DCC’s responses to the people with caveated prior interests in the land who have presented and sought to present and discuss alternative proposals with the Council, including that of redemption and transfer?

7. correspondence and/or actions taken to contact and liaise with existing resident stakeholders with known prior interests in the land and in the development?

Kind regards
Colin Stokes
021 2200622

█ For more, enter the terms *delta*, *noble* or *epic fraud* in the search box at right.

Posted by Elizabeth Kerr

Election Year. This post is offered in the public interest.

8 Comments

Filed under Business, Construction, DCC, DCHL, Delta, Democracy, Design, District Plan, Economics, Finance, Geography, Housing, Infrastructure, Name, New Zealand, OAG, Ombudsman, People, Perversion, Politics, Project management, Property, Public interest, Resource management, SFO, Site, Town planning, Transportation, Travesty, Urban design

Lee Vandervis on Delta + DCHL media release

What if? Dunedin notes:
Dunedin City Councillors have now lost control of DCHL, Delta, and all the other subsidiary companies. Now, your Dunedin City Council is manipulated and run to ground by DCHL chairman Graham Crombie.

Cr Richard Thomson and DCHL’s Graham Crombie should Resign immediately.

Read on.

Received from Cr Lee Vandervis
Tue, 2 Aug 2016 at 6:48 p.m.

From: Lee Vandervis
Date: Tue, 02 Aug 2016 18:01:53 +1200
To: Chris Morris [ODT]
Conversation: Yaldhurst
Subject: Re: Yaldhurst

The Mayor and DCHL have stood by and done nothing as DELTA did massive Noble subdivision work costing over $13 million through 2010 to 2013 without getting so much as a progress payment.
DELTA have already written off more than $11 million owed in interest payments and invested a further $3+ million in buying mortgage shares in the ill-fated subdivision in 2013, but this was disguised and Councillors [word deleted] by Chair Crombie and by Mayor Cull despite my specific questioning about the supposed ‘just a bad debt’.
The now $24+ million loss for which DELTA has only a 67% first mortgage as a lever, to get some millions owed paid, has resulted in a 6-years-too-late knee-jerk from DCHL and Mayor Cull to rid itself of the whole mess, the disgusting details of which I am not permitted to divulge because the deed was done in a public-excluded meeting, without being allowed to question the responsible DELTA CEO Cameron or to see the requested valuations and contracts.
Like the Jacks Point/Luggate DELTA subdivision $7-$9 million losses, the same DELTA, some of the same directors, same Project Management company and same DCHL ‘oversight’ have done over Dunedin ratepayers again, this time for even more millions than what resulted when they failed at Jacks Point/Luggate.

[ends]

****

[What if? Dunedin : We said DCC could make Real money – now What if? hears that Mr Crombie told reporter Chris Morris that ‘no money is changing hands’. Very few people including most Councillors have any idea of what is truly happening, except that three accountants are writing or was that ‘deciding'(?) the deal, and then this rubbish release from Mr Crombie. OMG]

Dunedin City Council – Media Release
Update on Yaldhurst subdivision debt recovery

This item was published on 02 Aug 2016

Dunedin City Holdings Limited (DCHL) and its company Delta Utility Services Limited (Delta) can now start to make progress towards recovering money associated with a Canterbury development.

The Dunedin City Council yesterday supported a recommendation from DCHL relating to the Yaldhurst Village subdivision. Delta has an outstanding debt of more than $13 million for infrastructure work it carried out for the development over four years.

Graham Crombie, DCHLDCHL Chairman Graham Crombie says the decision means Delta is authorised to enter a new loan agreement with a potential purchaser of the Yaldhurst subdivision, to replace the existing $13.4 million debt owed to Delta by Noble Investments Limited. Mr Crombie says, “We can now start to make some progress towards recovering this outstanding debt.”

The decision authorises Delta to refinance its outstanding debt with the potential new purchaser, on settlement of the purchaser’s offer to Gold Band Finance Ltd, the first mortgagee.

Gold Band Finance put the Yaldhurst subdivision to tender late last year in a mortgagee sale process. The mortgagee sale is still subject to conditions. When the mortgagee sale process is concluded, Delta will provide a further update on the outcome.

During 2009-2013, Delta provided infrastructure services for the Yaldhurst subdivision through its now closed civil construction business in Christchurch. Delta’s role was as a contractor providing infrastructure services to the developer, Noble Investments Limited. Recovery of the outstanding debt has been held up by a longstanding dispute between the developer and neighbouring properties that has delayed titles being issued for the subdivision.

Mr Crombie says Delta remains fully focused on recovering the outstanding debt owed by the original developer and has mortgage securities in place for the amount owing.

Note: The Dunedin City Council owns Dunedin City Holdings Ltd, which in turn owns seven subsidiary companies being:
● Aurora Energy Ltd
● Delta Utility Services Ltd
● City Forests Ltd
● Dunedin City Treasury Ltd
● Taieri Gorge Railway Ltd
● Dunedin Venues Limited
● Dunedin Venues Management Limited

and a 50% share in Dunedin International Airport Ltd.

Contact Chairman , Dunedin City Holdings Ltd on 03 477 4000.

DCC Link

Posted by Elizabeth Kerr

Election Year. This post is offered in the public interest.

62 Comments

Filed under Business, Construction, DCC, DCHL, Delta, Democracy, Dunedin, Economics, Finance, Geography, Housing, Infrastructure, Media, Name, New Zealand, OAG, Ombudsman

Delta #EpicFail —The End Game according to CD

Updated post
Mon, 1 Aug 2016 at 9:54 a.m.

Received from Christchurch Driver [CD]
Sun, 31 Jul 2016 at 9:50 p.m.

Readers and Councillors, there is a way out of the Noble Quagmire— but first, not before there is a wholesale clean out of the Delta senior management and directors, or those that have either created this toxic mess or allowed it to continue, which is all of them.

As time is tight, we will not dwell yet again on this topic…. but we will return.

After spending many months considering this toxic mess and the abysmal management and governance that is evident, your Correspondent has come to a conclusion that shocks even him, but desperate times call for if not desperate, then extreme lateral thinking :

After a clean out at Delta, we must hold our collective noses and Council must do the unthinkable and spend MORE ratepayer funds and BUY OUT GOLDBAND’S 32.50% SHARE OF THE FIRST MORTGAGE and take control of the ENTIRE SUBDIVISION.

Council need only to buy the $2.7M Gold Band First Mortgage to have complete control of the project. There of course remains the issue of the Neighbours and the ongoing court actions, but the Neighbours are very willing to work with Council (not Delta) and they have estimated that a solution to provide for their interests could cost around $2M.

The Neighbours have offered to meet with Councillors immediately, at any time to discuss and resolve the issue. The alternative is ongoing legal action with the Council in a very weak positon. Certainly, Crs Calvert and Vandervis, and other Councillors also share this position.

Here is the Outline Plan

1. DCC – (Preferably NOT Delta or DCHL) spends $2.7M to buy the remaining first mortgage. To be free of the toxic taint of the DCHL, ideally a separate Council Owned Company may need to be created. Tax issues may mean it has to stay within Delta but every effort should be made to avoid this. Once the $2.7M mortgage is bought there are no external interest costs, just some rates and insurances, which are minimal in the overall scale of things. Council then has time to make informed decisions. THE IMPORTANT THING IS TO AGREE TO BUY THE MORTGAGE AND STOP THE CURRENT MORTGAGEE SALE (which is possible with the agreement of the Neighbours under s102 of the Property Law Act).

2. BEFORE the remaining mortgage is bought, do a deal with the Neighbours to satisfy their interests which will cost around $2M, plus some amount for Neighbours’ costs – this might be around $500-600,000. The legal costs might grate but that is the cost of acting like a corporate criminal. This step provides certainty to Council there will be no more legal delays that have added years to the project.

3. The DCC appoint a directly employed project manager that is answerable directly to the DCC CEO, and set in place very clear KPIs and make a very large proportion of his/her remuneration subject to those KPIs. NOT a “Consultant” and DEFINITELY NOT Mr Mike Coburn or any other person associated with past or present Directors.

4. That project manager will have full visibility of absolutely all costs relating to the subdivision past and present, and will present full and detailed monthly reporting to Councillors and DCC Management and appear at all Council meetings. The project manager will have complete control over the Delta CEO on this matter.

5. Resolve with Christchurch City Council and Yaldhurst Community what is required to make a workable and safe subdivision.

6. Complete the work required to sell the first stages of the residential subdivisions – there are around 80 sections ready to go and if a deal was offered to a housing company like Mike Greer Homes that had demonstrated expertise and capacity to build cost effective homes, the deal would be done in a week. The remaining work would NOT be done by Delta but by a small efficient company. Above all, it is important that the work awarded by the DCC project manager is an open and transparent process and there are no links to Delta or DCHL Directors, past or present.

7. Councillors must understand the land will never be worth less than it is now – they must avoid Denham Shale-like stupidity that occurred at Luggate where land was sold for a fraction of the cost, only for the sections to be marketed several years later at prices that would have yielded Delta all of its funds spent there, interest and a profit besides. Council must learn from the mistakes past, not repeat them, otherwise there will be more Auditor-general and Ombudsman reports, and it won’t be good for Council.

8. Councillors must resist temptation to bow to the Delta / DCHL Directors recommendations to sell now – the overriding concern of these incompetents is to sweep this toxic mess under the carpet and hope that Ratepayers will buy the TINA line – there is no alternative, we just had to move on with another $10-20M loss….

9. The directors will be pushing hard for a quick sale and say in effect : “If you don’t accept this mortgagee offer there won’t be another as good” which is utter rubbish. There were several mortgagee offers, despite the property being marketed over the holiday break and with a lot of complexity in the sale document that wrote off large chunks of value. But the essential point is that the first sections that are almost ready and all or part of the commercial land is sold off separately, then Delta plus get MORE than what is currently available :

10. What is the ultimate value of the land ? Very quickly, there is over 35,000 m2 of commercial land, for a major commercial centre including retail anchors and specialty shopping that is already master planned with the main entrance road virtually complete. This excludes the main entrance road and shared parking circulation roads. Even in a fire sale this land is worth around $90-100 /m2. This alone is a value of $31M minimum, Councillors. Admittedly it will take time to sell down, but the upside is huge again – even industrial land in Christchurch is $250-300 /m2, and commercial zoning is worth more again. Completed, in an orderly sell down over time, 35,000 m2 at $300 /m2 is …. too big to contemplate !! The 80 completed sections would be worth around $9M nett after selling costs, and then there are 190 consented but undeveloped sections that your Correspondent says are worth around $9M also. These end value figures are why Noble are fighting so hard to regain control of the asset. Yes, there is some re-work and further costs, but they are small in relation to the total asset. The key is not to pass that value to some bottom feeding vulture at mortgagee sale that is likely to be NIL in disguise. NOTE : Your Correspondent has not calculated in detail the area of the commercial land.

11. The Delta Directors and Mr Crombie, Mr Dixon and Mr Cameron cannot be trusted. They have not ever given Councillors the full facts about a range of matters, have at best misled Mr McKenzie. Their willingness to simply close the door and accept a huge loss on this deal is plainly evident by the fact they wrote off in excess of $10M in their 2015 accounts. They just want to forget this mess ever existed, because it is Other People’s Money.

12. Councillors should consider 2 final facts : The only way that the $24M investment that ratepayers have made in this project to be protected and repaid is if Council finishes the project, even if just in part. With what has gone on, there must be full accountability and transparency which can only be achieved by full Council control. The other thing to remember is that Council has already set a precedent to bail out loss making Council enterprises : It’s called the stadium. Council agreed to reduce the rent by $1.85M per year. If Council takes an amount equal to around 18 months of Stadium rent subsidy to DVML, it can have control over the subdivision and very likely make back at least the $10-15M in interest costs that would pay for the Luggate and Jacks Point debacles !! Result !!

Go on Councillors, make a sensible and decision tomorrow and make us proud.

█ For more, enter the terms *delta*, *noble* or *epic fraud* in the search box at right.

Posted by Elizabeth Kerr

Election Year. This post is offered in the public interest.

13 Comments

Filed under Business, Construction, DCC, DCHL, Delta, Democracy, Design, District Plan, Economics, Finance, Geography, Housing, Infrastructure, Media, Name, New Zealand, OAG, Ombudsman, People, Politics, Project management, Property, Public interest, Resource management, Site, Town planning, Travesty, Urban design

Delta #EpicFail —Epic Fraud #10 : The Beginning of the End : Grady Cameron and his Steam Shovel

Received from Christchurch Driver [CD]
Sun, 31 Jul 2016 at 1:18 a.m.

Dear Readers

We must give plaudits to Vaughan Elder of the ODT for Saturday’s front page article on Delta’s court action over the Noble Subdivision. Readers should remember that the new CEO of the ODT Grant McKenzie, Mr Elder’s employer, stated in a Council Meeting in February that there was “no relationship” between Gold Band Finance and Delta, and continued to perpetrate that myth in Saturday’s newspaper : Mr McKenzie “stood by comments he made at the council meeting at February”. That is a classic piece of misdirection, in that most people will read it and construe that Mr McKenzie is saying his comments in February were true and accurate, but of course it does not say that —Mr McKenzie has thrown a lifeline to himself so that when the good ship Delta sinks, he can say that he “stood by” his comments in so far as what he knew or had been definitively confirmed to him at the time —or some other carefully concocted excuse that may or may not be true.

But readers, tonight we are not concerned with Mr McKenzie (you can go now Mr McKenzie, we know you read this site….), but the dismal and desperate Mr Grady Cameron. Saturday’s article was very telling in many respects :

Firstly, when Delta thought it had a chance of controlling the issue back in February, it issued a general press release via Gary Dixon and made contact with What if? to deal with alleged “misinformation” that was being perpetrated (mostly by your correspondent). Back then, Mr Graham Crombie, the DCHL chair, was also wheeled out to add gravitas and to try to stabilise the situation, which failed miserably, as your correspondent was happy to predict. See the earlier post Tea & Taxing Questions (6 Mar 2016). It was suggested in that post that Mr Crombie conduct a personal risk register cost/benefit analysis, for any Noble involvement. Mr Crombie has read the tea leaves, and neither him nor any other director are anywhere to be seen. Mr Cameron (Grady) is all on his own.

KMBT_C554e-20140321160947

Let us examine the hole that Grady has dug for himself. Grady is quite clearly not really an earthmoving guy, and has obviously never read the early childhood earthmover’s bible written in 1939 by Virginia Lee Burton, Mike Mulligan and His Steam Shovel : Four corners…neat and square…four walls straight down…We’ve dug so fast and we’ve dug so well that we’ve quite forgotten to leave a way out! —Yes readers, there is no way out, for Grady.

Over a Choysa (No sugar please, it’s late), let us examine some of his statements in Saturday’s ODT.

In a response emailed to the ODT, Mr Cameron disagreed

Well Grady, how about sending out a general press release or an email, as you did in February so that others like What if? who have been on your trail for months, can verify what you are saying is factual, and you are not merely trying to sidestep Mr Elder who is new to the issue.

“We remain fully focused on recovering the outstanding debt owed to Delta from the developer and have securities in place for the amount owing.”

That is a disgraceful misrepresentation of the truth, Grady Cameron, and you know it is. Your DCHL chair Mr Crombie confirmed that the amount owed in March including interest, was over $24M, and you have security for $13.3M. This is beyond doubt because the recent court documents show you were willing to allow Gold Band to sell the mortgage for $16M, which included your second mortgage interest of $5M. This meant after Gold Band was paid its –current– share of the 32.5% of the First Mortgage, Delta would receive $13M. Mr Crombie also confirms you are not telling the truth because he said in the ODT (23 Feb 2016) that Delta would have to write off millions, but not to worry, it was only interest and it was “horrendous”.

The mortgagee sale was being conducted by Gold Band Finance, not Delta, he said.

Grady, with this statement you are not fit to remain as CEO any longer. Your disdain for the collective intelligence of Ratepayers is clearly in the gutter. You –Delta!, dictate what Gold Band can and cannot do. See the earlier post #EpicFail —Noble Subdivision: Cameron, Crombie and McKenzie (24 Feb 2016). Grady, you spent $3.39M on a very likely illegal 67.50% share of the Gold Band first mortgage so you could dictate to Gold Band what they can and can’t do, and you have promised to pay all their costs, “legal or otherwise”. You have already dictated to Gold Band that they cannot sell the first mortgage to the other landowners, who offered to buy it. This is confirmed in Gold Band emails in court documents.

How about answering these questions Grady :

When purchasing the partial first mortgage amounts, what interest rate did Delta have to pay for the first mortgage amounts ?

Was it 22.50% compounding, or a figure close to that? If Delta has to pay 22.50% interest, why do you think it is appropriate for Ratepayers to receive no interest on the $13M approx. of core debt that has been outstanding for six years ?

It (Delta) had not been involved in any unethical behaviour

We could have hours of entertainment with this one, but gravitas and the impending council meeting this Monday mean we must play it straight.

Grady, that is another disgusting fabrication.

mike-mulligan-and-his-steam-shovel-illustrations [childrensbooksguide.com] 1

Did you allow the ENTIRE SUBDIVISION WORK COMPLETED BY DELTA AT THE NOBLE SUBDIVISION to be completed NOT to the CCC CONSENT DRAWINGS AND SPECS, but to radically different specifications, with roadways that were 8 METRES NARROWER than the CCC Consent Requirements ?

Did this continue for AT LEAST 18 MONTHS from late 2009 to mid 2011 ?

Is it normal for Delta to ignore the local authority consent conditions for projects and simply suit themselves and their clients ?

If not, how on earth could you consider it “ethical” on this project ?

Did Delta install stormwater systems at the subdivision that were undersized to cater for the neighbours’ land, but continue to assure them that their interests were being catered for ?

Do you consider that actively trying to defeat “known prior interests in the land”, that were specified very clearly in the sale and purchase agreements for the land that the subdivision was being built upon, ethical behaviour ?

Do you think that attempting to have your $5M second mortgage, that was registered after various caveats were registered, paid ahead of the caveated interests is ethical ?

Do you say the following -extracted from the post Epic Fraud #5 – Delta and the ghostly hand of Tom Kain (12 Jul 2016)- shows ethical behaviour ?

Mr Smillie (Delta’s lawyer) in an email of 11 February 2011 sets out step by step how the deception will work :

1. NIL granting a registered mortgage to Delta.
2. Philpott etc consenting to registration of the mortgage but the caveat remains in place ahead of Delta’s mortgage.
3. Gold Band agrees to Delta having 1st priority
4. Gold Band agrees to hold its 1st registered mortgage on lot 19 on trust for Delta (To allow sale / enforcement by Delta if necessary so as to avoid caveat issues

Mr Smillie concludes by stating “while not ideal that seems to be as close as we can get to a 1st registered mortgage position for Delta given the caveat issue”.

If you consider it ethical, what would it take for you to find there was unethical behaviour —murder ?

Are you willing to state categorically that you will resign if any of these allegations are true ?

tried several times to find a solution […] on the neighbouring land.

Grady, did any of these solutions involve actually working with the neighbours, or merely trying to deceive and cheat them of their prior known interests.

Provide email evidence of any assertion that you sought to satisfy their interests.

If you allegedly ‘tried to find a solution’ why was it necessary to go about a constructive fraud, designed by Mr Smillie, as noted above to defeat their caveats.

He denied Delta’s actions over Yaldhurst had been reckless.

Grady, if Delta has not been “reckless” then by your lights, Delta has acted with some degree of prudence.
Let us back the truck up here.
You, personally, approved Delta’s involvement in this subdivision, in 2009, with full knowledge of the following :

a) The land was in fact not even owned by the Developer NIL, but in a complicated buy-back scenario with a lot of obligations to the landowners.
b) Has a third (or fourth) tier finance company, Gold Band Finance, as first mortgagee (because the banks would not lend on it).
c) The first mortgage loan amount was only $1.75M, it was fully drawn down, and the finance company Gold Band had NO ABILITY to advance any further funds to pay for Delta’s work.
d) No other second mortgage funding was in place to allow Delta to be paid.
e) The Developer NIL had no capacity at all to make payments to Delta from its own resources.
f) The Developer and Owners, Apple Fields and NIL, were well known commercial hazards and aggressive litigants.
g) The subdivision has 33KV overhead powerlines running through it, and has limited market appeal.
h) Delta would not be paid until the most or all of the sections were sold and paid for, and the industry at the time would have forecast around a two-year sell down period.

In other words, you approved $11M of work, in a dodgy subdivision project, that had no chance of ANY meaningful repayment, for at least three to four years, on the absolute best case scenario, until the sections were sold.

Grady, if you consider this NOT to be reckless commercial behaviour for a Ratepayer owned company, you need to be sacked, now.

KMBT_C554e-20140321160658

Readers, in conclusion, even in our children’s story, ‘Mike Mulligan’, there were consequences for non–performance. Grady, it looks as if the Delta Directors and DCHL have left you, and you are, indeed…. the weakest link, and expendable. Just like Mary-Anne, the steam shovel, along will come new management, just like the new diesel shovels, and electric shovels that made Mary-Anne redundant. There will be NO MORE WORK for you, and just like Mary-Anne, you will be GONE. “They left the canals, and the railroads, and the highways, and the airports, and the big cities, where no one wanted them any more….. and went away.”

Readers, if you have the patience, the best primer for the sorry saga is found in the first post Delta #EpicFail —Epic Fraud (5 Mar 2016).

█ For more, enter the terms *delta*, *noble* or *epic fraud* in the search box at right.

Posted by Elizabeth Kerr

Election Year. This post is offered in the public interest.

*Images: [lessons in creative destruction, a shocked Mary-Anne] Illustrations from Mike Mulligan and His Steam Shovel (1939), a book by Virginia Lee Burton – blog.acton.org | childrensbooksguide.com | blog.acton.org

20 Comments

Filed under Business, Construction, DCC, DCHL, Delta, Democracy, Design, District Plan, Dunedin, Economics, Finance, Geography, Housing, Infrastructure, Media, Name, New Zealand, OAG, Ombudsman, People, Politics, Project management, Property, Public interest, Resource management, Site, Town planning, Transportation, Urban design

Delta #EpicFail —Epic Fraud #9 : The Long & Winding Road…. Leads Back to Delta’s Door

Updated post – emails added below
Fri, 29 Jul 2016 at 2:20 p.m.

Received from Christchurch Driver [CD]
Fri, 29 Jul 2016 at 2:01 a.m.

Dear Readers

It has been a week of action around the ill-fated Noble Subdivision. Fill the teapot and hang on to your hat…er, tea cosy.

The week started with what appeared to be a lucky break for Delta. Judge Osborne, inexplicably, and against the predictions of your correspondent, found in favour of Delta. (Actually Gold Band, but we all now know of course that Delta have a very special relationship with Gold Band that involves whips and chains of a sort, and even legal blindfolds —Delta most definitely wear the security sharing trousers). Judge Osborne will not allow a stay on the mortgagee sale, which allows the property to be sold ahead of the Court of Appeal case where the landowners will set out their case that Delta have engaged in constructive fraud.

Your correspondent will return to the many, many puzzling aspects of the decision in a future post, but first the breaking news :

Any comfort Mr Smillie, Mr Cameron, and the assorted Delta hangers on directors and executives may have felt will be very short lived as it turns out that this defeat is actually a Good Thing as far as the plaintiffs are concerned. It means that instead of pursuing a small finance company (with its strings being pulled by Delta), Delta and the DCC are now the primary target. Further, now that the losses to the landowners are crystallised if the sale proceeds, which is the avowed intention of Gold Band, the claims may well be much bigger.

The “legal” explanation is as follows…. It’s musical chairs – the last man/entity standing at the end of the day cops the lot.

A similar example that has cost councils large sums, including our DCC, are claims for leaky buildings : The vast majority of claims are against the local authorities who merely inspected the work, they did not build it or design it – but when the developer doesn’t exist, the architect and builders have “re-structured” to prevent claims, and the painter, plasterer and roofer have no money, then councils get landed with the claims. The QLDC have a never ending series of these sorts of claims and they mostly involve millions. (They have at least two on at present).

Tonight, all DCC Councillors received an email from the landowners explaining that yes, the DCC and Delta are going to be taken to Court for the constructive fraud, and giving several examples of the constructive fraud. They then set out the small matter of the approximate $14-17million loss that Delta have already advised the Council they expect to lose – and why this doesn’t have to be the case. There is pain from both sides of this financial double-edged sword – the expected loss, and the court action. However, far from being Noble-like aggressive litigants, the landowners have proposed that the DCC works with them to maximise their return.

The email is reproduced below.

The logic appears compelling – but what Councillors, other than Vandervis and Calvert, have the character and integrity to get to the bottom of the matter, and acknowledge that there have been some illegal acts committed at Noble by Delta and its agents. Perhaps Cr Peat could do something useful or even visible as his parting gift to the city, because his self-serving valedictory address in the ODT recently was the first time Dunedin Ratepayers had actually heard of him.

What Councillors have the intestinal fortitude to look the sorry band of Delta and DCHL Directors in the eye and say to them— “If any of the allegations in this email are true then you have no business or future with ANY DCC or associated entity and we expect your resignation in the morning ?”  

If your correspondent sounds disgruntled, he is : It is election season, and there are no votes to be had in this matter. Vague platitudes (the preferred modus operandi of many Councillors) are also of no help. Are our Councillors going to shrug off an attack of the turnips and do something ?

What price and what probability, is there for integrity here, readers ?

[click to enlarge]

Email from Colin Stokes [plaintiff] to DCC Thu, 28 July 2016 at 7.59 pm - copied

Attachment: 2016 07 28 s102 Stokes Smith Gold Band_Delta_DCC

****

Additional emails received today:

Emails from Colin Stokes [plaintiff] to DCC and others Fri, 29 July 2016 at 9.17 am - copied

Attachment: Fourth amended statement of claim joining GB and Delta

█ For more, enter the terms *delta*, *noble* or *epic fraud* in the search box at right.

Posted by Elizabeth Kerr

Election Year. This post is offered in the public interest.

22 Comments

Filed under Business, Construction, DCC, DCHL, Delta, Democracy, Design, Dunedin, Economics, Events, Finance, Geography, Housing, Infrastructure, Media, Name, New Zealand, OAG, Ombudsman, People, Politics, Project management, Property, Public interest, Resource management, Site, Town planning, Transportation, Travesty, Urban design