### tvnz.co.nz 11:54am
1 News
Source: NZN Fletcher Building to be investigated by NZX as company announces much-reduced earnings
The New Zealand stock exchange says it will be investigating Fletcher Building’s additional profit warning for the year ended June 30 and the departure of chief executive and managing director Mark Adamson.
“NZX will be making inquiries into today’s disclosures, given FBU’s continuous disclosure obligations under the listing rules,” the NZX Head of Market Supervision Joost van Amelsfort said in a release.
Separately – in accordance with NZX’s routine surveillance processes – trading ahead of today’s announcement would be assessed in detail, it said.
That would be on top of NZX’s ongoing investigation into the disclosure of FBU’s previous earnings downgrade in March 2017,” it said. Read more
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### interest.co.nz
Posted in Property July 20, 2017 – 09:13am Fletcher Building has announced the immediate departure of chief executive Mark Adamson and says operating earings this year will be around $100 million less than previously indicated
By David Hargreaves
Construction giant Fletcher Building says chief executive Mark Adamson is leaving immediately, while the company’s now forecasting operating earnings of around $100 million less than its last forecast.
Additionally, the company says it’s writing down the value of two business units by about $220 million. This will not be a ‘cash’ loss per se, but will carve about 3% off the value of the company’s assets.
The share price fell – down about 8.5% to $7.40.
….The $220 million write-down relates to the Iplex Australia and Tradelink subsidiaries.
Fletcher indicated that most of the reduced earnings forecast would come through two major projects: “A major project subject to previous write-downs, which has required an increase in project resourcing and therefore cost as it nears completion,” and “a second major project where construction timelines and the likely completion date have been extended”.
This is the third major profit warning the company has issued this year. After the last one in March it was speculated – and never denied by the company – that the two projects causing the biggest problems were Government projects; namely the new Sky City International Convention Centre in Auckland and the new Justice and Emergency precinct in Christchurch. Read more
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Sky City International Convention Centre
Remember the National government waffle:
### ODT Online Wed, 28 Oct 2015 Fletcher signs with SkyCity
By Simon Hartley
SkyCity’s $700 million convention centre and hotel project in central Auckland has contracted Fletcher Building for $477 million of the work, expected to begin by December. […] Despite controversy over the project, there was negligible political response to yesterday’s announcement, other than Minister of Economic Development Steven Joyce talking up the importance of the “national facility”. Read more
****
20 July 2017
STATEMENT FROM FLETCHER (via interest.co.nz)
– Fletcher Building announces expected earnings for the financial year ended 30 June 2017
– Operating earnings expected to be approximately $525 million, down from previous guidance of $610-$650 million
– Likely impairment up to $220 million relating to Iplex Australia and Tradelink business units
– Departure of Chief Executive Officer (CEO) and Managing Director Mark Adamson
– Appointment of Francisco Irazusta as interim CEO, effective Monday 24 July 2017
Fletcher Building has today announced it expects operating earnings before interest, tax and significant items (‘EBIT’) to be approximately $525 million for the year ended 30 June 2017.
Trading in the Building Products, International, Distribution and Residential and Land Development divisions, as well as three of the four business units in the Construction division (Infrastructure, Higgins and South Pacific), are in line with the Company’s expectations, previously provided at the time of the interim results on 22 February 2017.
However, as work on major projects in the Building + Interiors (‘B+I’) business unit has progressed, it has become apparent that losses in B+I will exceed those previously estimated. The deterioration is due to:
– A major project subject to previous write-downs, which has required an increase in project resourcing and therefore cost as it nears completion;
– A second major project where construction timelines and the likely completion date have been extended;
– Reduced profit expectations on a number of smaller projects in the remainder of the B+I portfolio.
Fletcher Building Chairman Sir Ralph Norris said: “It is very disappointing to see further losses being reported in our B+I business, particularly when the vast majority of the remaining Fletcher Building business units have performed so well during the year. I know our people in B+I are working incredibly hard to deliver a number of projects for our clients and I would like to acknowledge their efforts.”
In addition, consistent with standard practice at the end of each financial period, Fletcher Building has undertaken a review of the Balance Sheet carrying values of its business units. This review has indicated that the value of two business units, Iplex Australia and Tradelink, are likely to be subject to an impairment charge of approximately $220 million, when the company finalises its financial statements in August. An impairment of this nature would be reported below the EBIT line and have no impact on cash earnings.
An impairment charge of $220 million would represent approximately 3% of the group’s total assets as at 30 June 2017. The amount of asset impairment is indicative at this stage and is subject to finalisation of the year-end audit.
“With regards to the impairment of Iplex Australia and Tradelink, while we do see progress in these business units the Board felt it was prudent to recognise that the near to medium term estimates of profitability in each business are not aligned with current carrying values,” continued Sir Ralph.
The Board also announced the departure of Chief Executive Officer (CEO) and Managing Director, Mark Adamson.
Sir Ralph Norris said: “The Board believes it is the right time for Mark to leave the Company, to allow a new CEO to lead Fletcher Building through this period and into the next phase of its strategy. The Board would like to thank Mark for his work and we wish him the best in his future endeavours.”
Mark Adamson said: “I am disappointed to finish my tenure on the back of a challenging result in the Construction Division, however I am proud of what has been achieved over the last five years – most notably the turnaround of Formica, double-digit earnings growth in Distribution, our acquisition of Higgins and the significant progress in our residential development division.”
The Board has appointed Francisco Irazusta interim CEO effective Monday 24 July 2017.
“Francisco joined Fletcher Building in March 2015 and is currently Chief Executive of the International Division. Prior to joining the Company he held senior leadership positions with a number of building products companies in North America and Europe and will provide stable leadership for the business during this transition, with the support of myself and the Board,” finished Sir Ralph.
The Board will now commence a process to appoint a new CEO.
Toddler Ihaka Stokes was 14-months old when he died after suffering 59 injuries in the days leading up to his death on July 3, 2015
File photo [via Newshub]
30/03/2017 Newshub: Jury retires to make decision on Christchurch toddler murder trial
The jury in the trial of Troy Taylor, who is accused of murdering toddler Ihaka Stokes, has retired to consider their decision …. Taylor pleaded not guilty to assaulting Ihaka on July 2, 2015 and not guilty to the toddler’s murder. Throughout his trial in the High Court at Christchurch he has continued to plead his innocence. Ihaka’s mother, Mikala, was the only other person who was in the house that night, and the defence argues it was she who inflicted the fatal blows. Cont/
Mikala Stokes seemed younger than her 21 years in the witness stand.
Photo: Iain McGregor/Faifax NZ
Ihaka’s mother Mikala Stokes leaves the High Court at Christchurch.
Photo: Iain McGregor/Fairfax NZ
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Ihaka Stokes’ mother posted pictures on him online.
Fri, 31 Mar 2017 ODT: Mum goes clubbing after court
The mother of murdered Christchurch infant Ihaka Stokes went nightclubbing last night just hours after her ex-partner was found guilty of the boy’s brutal killing. Mikala Stokes (21) posted a photo on social media in the early hours of this morning. The selfie caption read: “From court to club”. Earlier in the evening, after Troy Taylor, the man who blamed her for killing her 14-month-old son at their Christchurch home in July 2015, was found guilty, Stokes posted photographs of her playing beer pong. One of Stokes’ friends on Snapchat, Julie Stechmann, screen-grabbed the nightclub photo, which was posted at about 1am. She told the Herald today that she thought it was strange behaviour. Cont/
@TheWarRoomNZ@whatifdunedin@IR_Tyler There is story to her life which I bet ain't pretty – that might explain but never excuse her behaviour – we need to change these stories
Cameron Ellen, right, carries his son Ihaka Stokes’s coffin at his funeral in 2015. The 14-month-old was murdered by Troy Taylor (in purple, centre), the then partner of his mother Mikala Stokes (obscured, behind Ellen).
Photo: John Kirk-Anderson/Fairfax NZ
Mikala Stokes and Troy Taylor together at Ihaka’s funeral.
Photo: Fairfax NZ
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.
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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!)
Message 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.
Mr Cull to Cr Vandervis: “You, sir, are a liar. Now leave.” [screenshot]
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Texts received from Lee Vandervis
Tue, 15 Dec 2015 at 7:48 a.m.
█ Message: Feel free to publicly contrast what I said to ODT reporter Chris Morris with what he said I said on today’s front page.
Lee, just checking – you planning on take big any action over the mayors comments today? Chris @ ODT
Not planning any action over Mayoral comments today because action over Mayor Cull previously defaming me as shonky’ finally got an unreserved apology from him but cost a lot of time and ratepayers money as did the farcical Code of Conduct sideshow. Shame that after all the evidence that I have provided especially what has been confirmed regarding my 2011 Citifleet allegations, that our new Procurement Policy still has not resulted in an independent Procurement manager position to oversee all individual managers’ contracting behaviour . Unfortunately my email programme died last Thursday and is still inoperative. Cheers Lee
—
REAL TIME
Otago Daily Times Published on Dec 14, 2015
Councillor Lee Vandervis asked to leave a DCC meeting
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Exchange erupts on discussion of DCC’s new procurement policy and ‘historical’ kickbacks.
### ODT Online Tue, 15 Dec 2015 Cull, Vandervis cross swords at council meeting (+ video)
By Chris Morris
A furious bust-up saw Dunedin Mayor Dave Cull call Cr Lee Vandervis a liar and order him to leave yesterday’s Dunedin City Council meeting. The extraordinary scene saw both men on their feet, their voices raised as they roared over the top of each other, before Cr Vandervis packed up in silence and left with a parting shot. Read more
O me miserum, O Christmas Tree, WHYYYYY (Santa will look after us, won’t he)
THERE IS NO BULLYING, NOPE
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The survey showed staff were particularly unhappy about the council’s executive team of five directors and Mr Bodeker.
### ODT Online Mon, 14 Dec 2015 Unhappy at ORC, staff say
By Vaughan Elder
Otago Regional Council’s chief executive has denied there is a “culture of fear” in the organisation after top management were singled out for criticism in a staff survey. Peter Bodeker, who was appointed chief executive in 2012, made the comments after the “2015 Employee Survey”, which was answered by 123 staff (95%), was leaked to the Otago Daily Times. Read more
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Proposal in response to failed attempts at super councils in the North Island.
### ODT Online Fri, 11 Dec 2015 Councils may share services
By David Loughrey
A proposal to amalgamate some services of the six Otago councils is not a move to a super council, mayors say. […] Under the proposed system, local representation would stay as it is, but areas from payroll to IT, legal services, water, wastewater and roading services could be shared.
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Steady stream of resignations and redundancies taking its toll.
### ODT Online Thu, 3 Dec 2015 ‘Culture of fear’ at DCC
By Chris Morris
Morale within the Dunedin City Council is taking a hammering as criticism and upheaval fuel a “culture of fear”, staff say. The concerns come from past and present staff, who have told the Otago Daily Times about the impact of constant restructuring, stretched budgets and redundancies. Read more
### NZ Herald Online 1:40 PM Wednesday Dec 2, 2015 Official Information Act review finds ‘no deliberate misuse’
By Isaac Davison – NZH political reporter
A high-level review of the Official Information Act will not uncover any widespread political interference in the release of information, its author says. The Ombudsman’s Office will release the findings from its comprehensive, year-long review next week. Chief Ombudsman Dame Beverley Wakem said today that the investigation had not discovered malicious or deliberate misuse of the Act by ministers’ offices or by Government departments.
“We’ve really shaken the tree over this and haven’t been surprised by what’s fallen out,” she told a Parliamentary committee this morning.
She admitted that she had suspected political interference, but had found no hard evidence of it. Dame Beverley said people who had complained to her office could be perceiving political spin or “bad behaviour” when it did not exist, and she could not make any findings “based on hearsay”. Read more
█ The release of the report will be Dame Beverley’s last act as Chief Ombudsman after 10 years in the role. She is being replaced by former Principal Family Court Judge Peter Boshier next week.
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Gun shy ? (broken record – your 10 limp-wristed years, inter-agency OBFUSCATION, or lose your privilege, your confidence, your connections, your office budget….)
DemiLovatoVEVO Published on Oct 9, 2015 Demi Lovato – Confident (Official Video)
Sharon Murdoch, Dame Beverley December 5, 2015 [Stuff.co.nz]
█ For more, enter terms such as *audit nz*, *auditor general*, *citifleet*, *corruption*, *courthouse*, *cst*, *dcc*, *delta*, *department of internal affairs*, *dia*, *dvml*, *fraud*, *gambling*, *kaipara*, *nzru*, *oag*, *orfu*, *pokies*, *racing*, *rugby*, *sfo*, *stadium*, *ttcf* or *whistleblowers* in the search box at right.
Following Tony Avery’s departure, a “Ruthless” ‘direct, no-nonsense approach to changeover issues’. Sue Bidrose ‘appeared to lack leadership experience, which she said was “possibly” true’.
### ODT Online Thu, 3 Dec 2015 ‘Culture of fear’ at DCC
By Chris Morris
Morale within the Dunedin City Council is taking a hammering as criticism and upheaval fuel a “culture of fear”, staff say. The concerns come from past and present staff, who have told the Otago Daily Times about the impact of constant restructuring, stretched budgets and redundancies. Read more
So. Staff are at the mercy of the D’urbavilles. There’s a new CEO waiting in the wings if anybody wants to sign out.
Updated (via Hamish McNeilly/Fairfax Media)
Wed, 18 Nov 2015 at 3:20 p.m.
█ Court date pushed back to February.
Civil proceedings against Maria Frances Smith were due to be heard at the High Court in Dunedin tomorrow morning, with the council listed as the plaintiff, but the case has been adjourned until February 4.
—
Link received from Fairfax Media.
### Stuff.co.nz Last updated 14:07, November 18 2015 Dunedin City Council to take widow of sole Citifleet suspect to court
By Hamish McNeilly
The Dunedin City Council has launched civil proceedings against the widow of the man believed to be responsible for the $1.5 million Citifleet fraud. The council lodged the proceedings against Maria Frances Smith, the widow of Brent Bachop, with the Dunedin High Court. A hearing, understood to be about Bachop’s estate, was originally set down for Thursday but will now happen in February. Read more
(via OIA) Copy of final report of the NZ Police investigation into Citifleet.
The information released is the same as given to media outlets on Thursday, 5 November.
### ODT Online Fri, 6 Nov 2015 Hope for closure over Citifleet fraud
By Chris Morris
The Dunedin City Council hopes to turn the page on the $1.5 million Citifleet fraud after taking a public hammering in the eyes of ratepayers. Council chief executive Sue Bidrose expressed that hope after the police yesterday released their final report into the Citifleet investigation, which concluded no charges would be laid over the fraud. Read more
No comments allowed at ODT.
I don’t accept from Ms Bidrose that everything is now in the past. She was GM for Citifleet and Citipark, and latterly CE when this all started to unfold, and ultimately responsible for staff —in that the risk of loss of life as a possible outcome once DCC started (much belatedly) its internal investigation should have been better managed.
Over an 11-year period, 152 vehicles were unaccounted for, while more than $100,000 was misappropriated on a council fuel card.
### Stuff.co.nz Last updated 16:21 05/11/2015 | 11:34 05/11/2015 No-one charged with $1.5m Dunedin council fraud case
By Hamish McNeilly
No-one will be charged with the $1.5 million Dunedin City Council Citifleet fraud, a final police report reveals. Dunedin Police have released the final report into the fraud, involving the theft of more than 150 council vehicles and misused fuel cards, after the earlier release of an investigation report to Fairfax Media. That report was reviewed by Detective Senior Sergeant Malcolm Inglis, who concluded there was “insufficient evidence to charge any of the purchasers of the vehicles with the offence of receiving”.
“No other charges have been identified.” –Police report
Deloitte interviewed 62 people in relation to the theft of the vehicles from the council and the “majority of those persons were council employees”, the police report said.
● The council was expected to release a response to the police report on Thursday afternoon. Read more
The recommendations of the panel have been withheld.
PANEL MAKES 89 REFERRALS TO POLICE
State care-givers used fists, feet, and weapons to attack children in a period between the early 1940s and 1990s, says the final report of the Confidential Listening and Assistance Service.
### Stuff.co.nz Last updated 07:32, August 25 2015 Generation of children brutalised in state care won’t get public apology
By Stacey Kirk
The Government will not offer a formal public apology to all children who were in state care during a 50 year period of brutal abuse. The final report of the Confidential Listening and Assistance Service has detailed the harrowing experiences of children at the hands of people who were meant to keep them safe. The report, which heard evidence from more than 1100 people, is still under consideration by the Government. The abuse detailed in the report covers foster homes, institutions, asylums, health camps and borstals from the early 1940s up to 1992. […] Judge Carolyn Henwood, who headed the panel that has been hearing grievances since 2008, said: “Foster caregivers and extended families, social workers and staff, teachers, the clergy, cooks, gardeners, night watchmen, even other children and patients, all took part in abuse. […] When we asked people why they had come, they said they wanted to be heard, they wanted an apology and accountability, and they wanted to improve state care for children, for the next generation.” Even now, New Zealand had no official “duty of care” towards children written into its law, Henwood said. Read more
██ Final Report of the Confidential Listening and Assistance Service 2015
(PDF, 5.39 MB) Published by Stacey Kirk
The final report of the Confidential Listening and Assistance Service which was established in 2008 as an independent agency to provide assistance for people who had suffered abuse and neglect in state care before 1992.
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ODT: Level of child abuse ‘horrifying’
● A panel tasked with examining historical abuse in New Zealand’s state institutions has heard a litany of physical, emotional and sexual abuse, describing it as “horrifying” and “deeply shocking”.
● In its final report, released to Fairfax under the Official Information Act, chairwoman Judge Carolyn Henwood said the panel members were “profoundly affected” by what they heard.
● More than 1100 people came forward to speak to the panel between 2008 and June this year, covering child welfare care, psychiatric care and health camps, and residential education.
DCC CULTURE OF ENTITLEMENT
‘Enormously disappointing’ —And Enormously Expected.
‘ONE MAN’ did it. An outright fairytale.
DOLLY didn’t, either. More to come !!
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### ODT Online Mon, 10 Aug 2015 Further cases of fraud at council
By Chris Morris
The Dunedin City Council says the discovery of five more examples of fraud and theft inside the organisation is “enormously” disappointing. […] Details of the smaller incidents emerged last week, in response to Otago Daily Times questions, a year after the discovery of the Citifleet fraud. Read more
### Stuff.co.nz
Last updated 15:04, June 1 2015 Weekes triplets grandfather awarded Queen’s Service Medal for service to community
A Wellington community stalwart, who lost three grandchildren in the Qatar mall fire, has been recognised in the Queen’s Birthday Honours. Rod Turner received the Queen’s Service Medal for service to the community, including a long career in the Army and dozens of volunteer organisations. The honour recognised “his leadership and selfless dedication to the community”. Turner spent 22 year in the military, rising to the rank of Lieutenant Colonel, before retiring and spending nine years as chief executive of the Children’s Health Camps. Read more
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The piece of skirt responsible for funding irregularities* around the Centre of Excellence for Amateur Sport [for Professional RUGBY] has claimed a QB Honour. Paperwork showing this fraud is held independently.
● The Trusts Charitable Foundation (TTCF Inc) ● The Trusts Community Foundation Ltd (TTCF Ltd) ● Otago Rugby Football Union (ORFU) ● Professional Rugby ● Centre of Excellence for Amateur Sport ● Harness Racing ● Department of Internal Affairs (DIA) ● Gambling Commission ● Pokies ● Rorts ● Organised Crime ● Serious Fraud ● Political Interference
RECEIVED COMMENTARY
Tue, 2 Jun 2015 at 7:45 p.m.
Awards all round for those associated with gambling, pokies, serious audit failings and the negative findings of the NZ Gambling Commission.
Sad as the circumstances are for Ron Turner, he was a TTCF Trustee who approved grants to the Centre of Excellence for Amateur Sport in the hope of gaining ORFU’s pokie business after the ORFU had purchased the South Auckland Jokers Bars for about $3 million and so were desperate to align themselves with a pokie trust that would agree to illegally approve all the profits from those bars back to the interests of the ORFU.
The DIA investigated these arrangements and deemed that ORFU had an interest/ownership in the bars and therefore could not receive any proceeds from those bars. Facing potential financial disaster it would appear Kereyn Smith and other cronies associated with the ORFU agreed to front a new trust to counter DIA action.
Ex employees of ORFU, have confirmed that their contracts and pay were suddenly transferred over from the ORFU to the Centre of Excellence. The COE trustees then submitted grant applications to TTCF applying for salaries and costs that had previously been with the ORFU and avoided DIA scrutiny.
According to sources and documents, the very first grant of $500k from TTCF was needed and used for ORFU to meet its financial obligations to complete the purchase of the Jokers Bars and Ms Smith signature appears as sign off for the accountability.
There are serious anomalies which required proper investigation but as we know neither the DIA, the Police, the SFO or this Government are interested in proper investigations. Far easier to hold an award ceremony!!
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Another TTCF trustee, Warren Flaunty, NZ’s most elected man, was convicted of careless driving after causing the death of a young motor cyclist in West Auckland in 2010.
█ For more, enter the terms *pokies*, *pokie rorts*, *ttcf*, *orfu*, *dia* or *kereyn* in the search box at right.
From: Lee Vandervis Sent: Friday, 24 April 2015 9:02 p.m. To: Chris Morris [ODT], Nicholas George S Smith [ODT] Cc: Elizabeth Kerr Subject: Follow-up questions
Dear Mr Morris,
There are serious DCC issues underpinning the Code of Conduct process.
DCC Bureaucracy has run many months of self-investigations costing quarter of a million dollars, which this Councillor has not been allowed to see the results of.
Unbelievable claims that the acknowledged $1.6++ million worth of fraud was all perpetrated by one man only, now dead.
Months of Police investigation leading nowhere, with no prosecutions because they only looked at missing vehicles and anticipated that all receivers had to say was they thought the dead man had authority to sell in the way he did. And they all did. This despite many assurances from CEO Bidrose to me from the beginning that there would be a full and wide investigation.
My requests to the Serious Fraud Office [including discussion of 3 year plus investigation of Landfill frauds by local Police] to do the job local Police are seem not to be up to. CEO Bidrose claims SFO had been asked to investigate but SFO have no knowledge of this when I ask them to investigate.
Police investigation only claimed to be widened by Police management after my exposing of their very narrow investigation. Still no prosecutions, or Police interest to date in my offered evidence of Citifleet maintenance contract fraud, credit card fraud etc.
Mayor Cull and CEO Bidrose saying that no public comment allowed while investigations ongoing, but commenting themselves that it was all down to just one man and that the public can have confidence in the living remainder of the DCC organisation.
Mayor Cull accepting non-confirming [devoid of any evidence] Conduct complaints against me.
Crs. Thomson and Staynes add tampered evidence to one of their complaints but not the other – both immediately accepted again by Mayor Cull.
Mayor Cull falsely claims it is within his authority to choose the membership of the Code of Conduct committee against me. Is defeated.
Mayor Cull chooses again, this time with majority Councillor rubber stamp.
CEO Bidrose fails to ensure proper meeting and Code of Conduct processes over many weeks, fails to read my related email, finally culminating in hallway loudness. My full apology should have been printed and still should.
Audit and Risk committee fails to address major DCC problem of contract fraud, identifying 17 types of fraud but not including contract or tender fraud which I have been complaining of repeatedly.
Audit and Risk chair refuses ultra vires to allow any discussion or debate on 40 page pivotal financial report confirmed agenda item which I had previously indicated in the meeting I wanted to speak to.
Cr. Calvert also wished to speak to it but the Chair abused her authority and shut it down. This along with a history of other A&R suppression was the cause of this loudness and my final exit from this committee.
These are all real issues with stories you should be interested in Mr Morris, but instead you bypass the reasons “Whatever the reasons for your frustration…” miss the important issues and ask 5 inane questions about my behaviour.
These are the actions of a gossip columnist, not a reporter.
Cr. Vandervis
{Draft text deleted at Cr Vandervis’s request. -Eds}
On 24/04/15 4:11 PM, “Chris Morris” wrote:
Lee,
I’m following up on this morning’s story. I tried to include as much as I could of your comments, where they addressed the issues being raised in the conduct committee’s report, but I’d still far rather talk through it all point by point, in detail.
Failing that, can you respond to these specific questions about where to from here:
1. Whatever the reasons for your frustration, do you now accept that your behaviour (as reported by witnesses in the report) was bullying, aggressive and intimidating and included swearing (which you initially denied)?
2. If you do, what changes (if any) will you make to modify your behaviour, other than the previously mentioned plan to raise concerns with council staff only by email?
3. What is your reaction to the comments by Richard Thomson, who said your approach was counter-productive and your talents wasted?
4. What is your reaction to the comments by Cr Thomson and others suggesting a genuine apology might be the best way forward? Will you consider this, or do you plan to offer one at Tuesday’s meeting or at any other time, or do you maintain that you have already offered one?
5. Do you think your behaviour (as described in 1) is in any way appropriate for an elected public representative? If not, and given the limited sanctions available to the council, will you be considering your position, including whether or not you should resign?
From: Sandy Graham Sent: Friday, 24 April 2015 4:16 p.m. To: Lee Vandervis Cc: Sue Bidrose, Elizabeth Kerr Subject: RE: Overestimation of Dr. Bidrose’s time as most senior Citifleet Manager
Dear Lee
Please find attached the information you have requested about the responsibilities of Dr Bidrose.
It took a few days to collate as I wanted to ensure accuracy.
The information will also be forwarded to all Councillors for their information.
From: Sandy Graham Sent: Friday, 17 April 2015 8:45 p.m. To: Lee Vandervis Cc: Sandy Graham; Sue Bidrose; Elizabeth Kerr Subject: Re: Overestimation of Dr. Bidrose’s time as most senior Citifleet Manager
Dear Lee
I will get this information on my return to work on Monday.
Regards
Sandy
Group Manager Corporate Services
Dunedin City Council
————
On 17/04/2015, at 4:12 pm, Lee Vandervis wrote:
Dear Sandy and Sue,
Thank you for correcting my overestimation of the time Sue was senior manager of Citifleet prior to becoming DCC CEO.
I sincerely apologise for my inaccuracy.
To avoid future inaccuracy on my part, can you please clarify which departments Sue was in a managerial position over and for what periods in the years Sue was at the DCC prior to be coming our CEO.
Kind regards,
Lee
The overestimation was made in Cr Vandervis’s open letter found at the highlighted link below (15.4.15). -Eds
█ For more, enter the terms *vandervis*, *cull*, *bidrose*, *citifleet* or *deloitte* in the search box at right.
Received from Lee Vandervis
Thu, 23 Apr 2015 at 6:22 p.m.
█ Message: Your readers may be interested in this email exchange below.
—— Forwarded Message From: Lee Vandervis Date: Thu, 23 Apr 2015 15:58:40 +1300 To: Sandy Graham Cc: Stuart Anderson [University of Otago], Andrew Noone, Andrew Whiley, Chris Staynes, Doug Hall, Hilary Calvert, John Bezett, Jinty MacTavish, Kate Wilson, Mayor Cull, Mike Lord, Neville Peat, Richard Thomson, David Benson-Pope, Aaron Hawkins, Sue Bidrose Conversation: Code of Conduct public announcement Subject: Re: Code of Conduct public announcement
This does not answer my governance question Ms Graham, as to why I was not advised that this was coming out.
There has been nothing standard about any of this Code of Conduct process.
Cr. Lee Vandervis
————
On 23/04/15 11:48 AM, “Sandy Graham” wrote:
Dear Councillor
The report formed part of the public agenda that was delivered to all Councillors last night in advance of Tuesday’s meeting.
The media receive a copy of the agenda at the same time as per our standard process.
Regards
Sandy
————
On 23/04/2015, at 10:34 am, Lee Vandervis wrote:
Code of Conduct public announcement
Dear [as in expensive] all,
I have been rung by media this morning wanting my comment on the outcome of the Code of Conduct claims against me.
Nobody has had the decency to inform me of what these outcomes might have been, despite the exceptionally long time the production of these outcomes has taken.
Can anyone advise me why the media seem to have this information well in advance of me, or is it just standard process for a show ‘trial’, in which I have not even been allowed to see 2/3 of the ‘evidence’.
Cr. Lee Vandervis
—— End of Forwarded Message
Received from Lee Vandervis
Thu, 23 Apr 2015 at 7:12 p.m.
Re: Code of Conduct decision
I have sent my response to today’s Code of Conduct decision just sprung on me to you since I can not rely on ODT reporter Chris Morris to accurately present it.
Fortunately most interested parties read your blog anyway.
I am innocent of the Code of Conduct claim that I have misled the non-pubic Audit and Risk committee regarding the Citifleet fraud investigations.
The guilt lies with those DCC staff and some elected representatives who for years failed to act on my Citifleet fraud and other whistle-blowing allegations despite the DCC records evidence available to them. Some of this evidence has recently emerged in the Deloitte reports which I continue to seek.
If my allegations and evidence had been appropriately acted on, many matters of grave concern would have been dealt with when the record shows I raised them as early as 2011.
DCC staff refusal even now to let me see the full main unredacted Deloitte Citifleet Fraud report, or the Deloitte staff report, or the digitised relevant DCC records evidence, further increases my suspicion of a cover-up.
Questions regarding the role of new DCC CEO Bidrose as senior manager of Citifleet prior to becoming CEO, and of what she knew of my allegations in the years prior are some of the many questions yet to be answered.
What has been shown is that the Police investigation was certainly very narrowed up until my complaint of this narrowing to CEO Bidrose and the Police investigating officer, some six months after the Citifleet manager’s sudden death. Subsequent claims by Area Commander Jason Guthrie that the investigation has been widened have not been supported by Police following up on the evidence I tried to interest them in: the Citifleet maintenance contract fraud, DCC credit card use fraud, etc. or by any convictions, or other widened investigation action that has been visible to me.
The two loudness claims, evidence of which I have not been allowed to see and therefore defend, both come back to the shutting down of the wider DCC contract fraud debate, and the resulting multiple abuses of Code of Conduct process to try and shut me down.
The four prescribed penalties suggested in the Code of Conduct report are:
1 -Censure
– the Mayor has already done this on pubic and non-public occasions.
2 -Request Apology
– I already apologised for loudness at the time
3 -Suspension of voting right only in Committees, not Council
– abuse of my representative function, but a wet bus ticket given my continuing right to debate
4 -Dismissal from positions of Deputy Mayor, Chairperson or deputy chairperson of a committee
– Mayor Cull already did this at the beginning of the triennium.
The Mayor’s recommended members of the Code of Conduct Committee have run an expensive Kangaroo Court with only my loss of two months committee voting rights to be recommended. It will be interesting to see if enough Councillors will vote for that.
It will also be interesting to see what the voting public think – do they want wide investigation and full disclosure or do they just prefer good news stories from the DCC.
Kind regards,
Cr. Vandervis
Received from Lee Vandervis
Thu, 23 Apr 2015 at 7:17 p.m.
—— Forwarded Message From: Lee Vandervis Date: Thu, 23 Apr 2015 19:15:55 +1300 To: Chris Morris [ODT], Nicholas George S Smith [ODT] Conversation: Code of conduct report Subject: Re: Code of conduct report
Chris,
I have sent my response to the What If site, as I can not rely on you to accurately present it.
I was out last night, and the first I heard of the Code of Conduct decision today was radio media wanting comment.
Cheers,
Lee
————
On 23/04/15 3:34 PM, “Chris Morris” [ODT] wrote:
Lee,
I’ve sent you a text with a very basic outline of the key findings. Happy to hear from you at any time today or tonight for a detailed response once you’ve read the report in full. I understand it was hand-delivered to your house last night.
Updated post Fri, 17 Apr 2015 at 6:45 p.m.
Correspondence from Lee Vandervis in reply to Sandy Graham and Sue Bidrose; and forwarded note to Code of Conduct Committee – entered below last update to post.
Updated post Fri, 17 Apr 2015 at 1:46 p.m.
Correction received by email from Sandy Graham, DCC General Manager Corporate Services entered below Open Letter.
—
Received Wed, 15 Apr 2015 at 11:24 a.m.
█ Message: I have forwarded this Open Letter to the DCC Code of Conduct Committee in an attempt to debunk the many misleading claims around the DCC Citifleet fraud investigations.
I am happy to provide supporting email evidence for anything stated below that your readers may find questionable.
Cr. Vandervis
—— Forwarded Message From: Lee Vandervis Date: Sun, 12 Apr 2015 22:48:00 +1300 To: John Bezett, David Benson-Pope, Stuart Anderson Conversation: OPEN LETTER TO THE DCC CODE OF CONDUCT COMMITTEE Subject: OPEN LETTER TO THE DCC CODE OF CONDUCT COMMITTEE
OPEN LETTER TO THE DCC CODE OF CONDUCT COMMITTEE
Dear Sirs,
Three separate Code of Conduct issues have been raised against me this year following my Code of Conduct complaint against Mayor Cull which Deputy Mayor Staynes decided, without giving his reasons to me, not to refer to you.
There has been an uncomfortable mix of assertions and facts in the limited evidence that has been presented regarding the claim that I misled over Citifleet investigations, which I would like you to consider.
Provable facts include my long mostly non-public attempts to clean out dysfunctional management at the DCC since I was first elected in 2004. Partial success keeps me going.
I never expected whistle blowing to be popular, but neither did I expect such personal attacks for my trouble on behalf of our ratepayers.
Regarding the Citifleet frauds, my records show my many 2011 complaints to senior DCC management of: inappropriate DCC vehicle disposal, Citifleet manager selling vehicles to himself, credit card fraud, vehicle maintenance tender fraud, and tyre fraud are all well documented.
What is equally clear is that nothing was done to seriously investigate these complaints which all turned out to have substance until almost 3 years later when the Citifleet manager’s ‘sudden death’ resulted in new CEO Sue Bidrose ordering the DCC accountants Deloittes to investigate.
Dr. Sue Bidrose had been the most senior manager in charge of Citifleet and many other DCC departments prior to becoming CEO. It is my view that whatever evidence she might have given is not only inadmissible in terms of process because I had not been advised in advance of her evidence or her intention to give evidence, but that Dr. Bidrose is compromised because of her years as the senior manager of Citifleet prior to the Citifleet manager’s sudden death.
In the month following the Citifleet manager’s sudden death I repeatedly urged CEO Bidrose and head of Governance Sandy Graham to resist the temptation to minimize the frauds’ fallout by narrowing the investigation or by blaming it all on the dead manager. Although later admitting that the initial request for investigation related mainly to missing vehicles, CEO Bidrose gave me assurances from the beginning that Deloittes and then later Police would conduct a wide investigation. This provably did not happen with the Police, and I have no evidence other than yet another management assurance that it has or will really happen.
CEO Bidrose also gave me assurances from the beginning of the investigations that if I could provide hard evidence of DCC staff stealing even one dollar she would ensure prosecutions followed. Unfortunately the DCC records evidence which I have sought to complete hard evidence cases against both DCC staff and those involved outside the DCC has been denied me by CEO Bidrose, despite my making LGOIMA requests for it last year, namely: both the full unredacted Deloittes report, the Deloittes staff report, and the digitised evidential files which Deloittes collated for their investigation.
In that month following the Citifleet manager’s death I became very concerned when CEO Bidrose did not achieve a proper Police investigation apparently ‘because Police lacked the resources’, and that only the accounting investigation by Deloittes was to take place. I was relieved that Deloittes’ investigator Kyle Cameron seemed to have a good grasp of the many Citifleet complaints that had been made to me during his detailed interview of me, and that subsequent to the Deloitte reports Police were to investigate fully after all.
My concerns about Police having a belated investigation three months later are recorded, as are my concerns that Police requested that no public statements be made about Citifleet while their belated investigation was in progress. This despite Mayoral and CEO public statements that the Citifleet frauds were all the work of one now dead man.
I have highlighted with evidence to the SFO and CEO Bidrose the extreme slowness of a previous Dunedin Police investigation into DCC Landfill frauds that took more than three years before one individual was finally prosecuted, and I have written to the Serious Fraud Office unsuccessfully urging them to have an outsider’s independent investigation into the Citifleet frauds because local Police seem unable to do the job. CEO Bidrose claimed that the SFO had been contacted re the Citifleet frauds, but curiously the SFO’s Sara Morris said to me that no request from the DCC to investigate had been received by the SFO prior to my request for them to investigate.
My worst fears for the hoped for DCC investigation were realised when the Police investigating officer Detective Mathew Preece interviewed me at my home six months after the Citifleet manager’s tragic death, in what he described as the last week of his investigation. Detective Preece said that the scope of his investigation was only the missing vehicles and that he had already interviewed all other people he intended to interview. He said that all those he interviewed regarding missing vehicles offered the defence that they thought the deceased Citifleet manager was authorised to dispose of the vehicles in the way that he did, and that subsequently there would be no prosecutions of anybody.
I told Detective Preece that I had received many Citifleet complaints for years regarding not only vehicle disposal but fraudulent Citifleet credit card use, tyre supply, fuel supply, and fraudulent Citifleet maintenance contracts and that I had a motor trade business owner and others prepared to give evidence on these issues.
That night I wrote the following email to CEO Bidrose, Head of Governance Sandy Graham and to Detective Preece voicing my concern at the very limited scope of the investigation, and the investigating officer’s understanding that he could not investigate anything else because he did not have any wider complaint from the DCC to act on.
From: Lee Vandervis Date: Tue, 11 Nov 2014 22:57:31 +1300 To: Sue Bidrose, Sandy Graham, “PREECE, Matthew” Conversation: Police Citifleet Investigation Subject: Police Citifleet Investigation
Dear Sue,
An hour and a half spent with Detective Matthew Preece and another Policeman called Regan has left me with deep concerns regarding the Police Citifleet investigation.
Mr Preece has informed me that the scope of his investigation has been limited by the complaint the DCC has made to the Police, and that this complaint only concerns missing or inappropriately sold DCC vehicles.
Mr Preece says that because Police have not had a complaint from you or the DCC regarding;
– fraudulent Citifleet tender processes,
– fraudulent Citifleet tyre supply contracts,
– fraudulent Citifleet maintenance contracts
– fraudulent use of DCC Citifleet vehicle fuel
– fraudulent DCC accounting of Citifleet credit cards and other payment methods used and Citifleet managerial oversight
– and fraudulent use and conversion of DCC Citifleet vehicles [eg the conversion of a DCC-owned vehicle by Mrs Bachop]
and that consequently none of these fraud areas is being investigated!
Mr Preece did say that if you as CEO were to request that he broaden his investigation to include these other areas and not just the missing cars, that he would broaden his enquiry to include them. He insisted that he would have to have a broadened complaint from you as CEO for this to happen, and implied that a complaint from me as a City Councillor would not be enough to act on.
I have highlighted to Preece and Regan the urgent need to use the Citifleet manager’s tragic death to investigate and prosecute all Citifleet fraud areas, as a failure to do so will result in the loss of an unprecedented opportunity to clean out the culture of entitlement at Citifleet and in other DCC departments.
Can you please with urgency broaden the DCC complaint to include the 6 areas of potential Citifleet fraud listed above, so that Mr Reece can broaden his enquiry to include them.
Can you please also now with urgency, forward to me all instructions to Deloitte regarding the Citifleet investigation as previously requested in my email of 26/10/14 as below.
Is it possible to meet with you at any time tomorrow at your convenience to learn whether you have broadened the DCC Police complaint or not?
Kind regards,
Cr. Lee Vandervis
From: Lee Vandervis Date: Sun, 26 Oct 2014 18:23:41 +1300 To: Sue Bidrose, Sandy Graham Conversation: LGOIMA requests Subject: LGOIMA requests
Hi Sue,
Further to my verbal requests of a week or two ago please forward copies of all original correspondence and or other direction given to Deloittes in regard to their investigation of Citifleet.
I wish to have the original brief stating the terms of reference, the subsequent brief where the investigation needed to be extended, and any other direction written or otherwise given to Deloittes regarding the Citifleet investigation.
I am deeply disturbed by what I have seen in parts of the investigation conclusions appearing without covering page or any details identifying them as parts of the Deloitte findings in non-public parts of the Audit and Risk subcommittee meetings.
I note a severe slowing on responses to my recent LGOIMA requests, and hope this has been a temporary frustration.
Kind regards,
Cr. Lee Vandervis
Subsequent email from Police Area Commander Guthrie claimed as follows:
From: GUTHRIE, Jason [mailto:Jason.Guthrie@police.govt.nz] Sent: Saturday, 15 November 2014 10:48 a.m. To: Sue Bidrose Cc: COSTER, Andrew; INGLIS, Malcolm Subject: RE: Investigation Update
Hi Sue.
I can confirm that DCC staff did not (and have not) in any way attempted to restrict, curtail, or limit the scope of the Police investigation stemming from the Deloitte report either at the 1 September meeting or at any other time.
At no stage has any undue influence been exerted by DCC staff on Police as to what should be investigated and what should not be investigated.
At the 1 September meeting it was agreed that the focus of the enquiry would be limited to activity around the 152 vehicles as this was considered to be the most likely aspect to potentially lead to a criminal prosecution.
To avoid any confusion, from the outset the Dunedin City Council has been clear in it’s desire that Police investigate matters arising from the Deloitte report independently, fully, and thoroughly as Police sees fit. The DCC has also been very clear in it’s desire that if any individual(s) are identified as being involved in criminal activity linked to the matters within the Deloitte report that those people be held accountable for that criminal activity.
I hope this clarifies the situation.
If you have any further questions please do not hesitate to contact me directly.
regards Jason.
Inspector Jason Guthrie
Area Commander | Dunedin Clutha Waitaki | New Zealand Police
Dunedin Central Police Station, 25 Great King St, Private Bag 1924, Dunedin, www. police.govt.nz
Safer Communities Together
Area Commander Guthrie’s response above says that “DCC staff did not (and have not) in any way attempted to restrict…the Police investigation”, but then goes on to say that …”it was agreed that the focus of the enquiry would be limited to activity around the 152 vehicles…”!
Commander Guthrie’s subsequent claim that the Police investigation would be widened has thus far failed to result in my being contacted to provide the further evidence I have already tried to give Detective Preece regarding credit card fraud, vehicle maintenance contract fraud etc. The lack of any prosecutions after so much time adds to my concern.
This seems to me to be another example of management claiming one thing but investigating officers doing another.
I am yet to be convinced either by Police taking an interest in my offered evidence or by any Citifleet related Police prosecutions that a serious Police investigation has really been effectively widened despite stated intention to widen, even at this now very late stage. I do not dispute Police management intentions, but see them as quite different to actual Police investigating actions, which seem to me to be more interested in sidelining me as a critic of their investigation than getting to the bottom of Citifleet fraud.
Regarding the two other loudness Code of Conduct claimed complaints, I do not recognise them and I remain far from content that CEO Bidrose and Cr McTavish at least have made ‘loudness’ statements to your Code of Conduct Committee [Cr. McTavish read hers] but not provided these statements to me in advance so that I could defend them. I see these loudness complaints as politically motivated attempts to ambush me outside of proper Code of Conduct process, and I do not accept that they can have any force.
The two staff that might have had reason to complain of my loudness, namely CEO Bidrose and Sandy Graham, have made no complaint and both have independently assured me that they did not make any complaint, CEO Bidrose with a hug, and Sandy Graham with an eye-roll.
I particularly resent the swearing allegation that no Councillor has admitted to claiming, despite Mayor Cull’s publicly repeatedly saying in the ODT that my swearing had been claimed by a Councillor. I note the irony that when Code of Conduct complaining Cr. Thomson left an earlier Audit and Risk meeting in a huff using the ‘F word’, that no complaint was forthcoming from anybody.
I take this opportunity to register my complaints regarding the running of this Conduct hearing.
1 – That the loudness complaints should never have been recognised as complying by the Committee for want of evidence.
2 – That I was not permitted to record the public part of the hearing in which I spoke, but that Media were allowed to take short-hand and thus given the opportunity to misquote me with impunity.
3 – That no reason was given when asked for, for not being able to record the pubic hearing.
4 – That parts of the hearing evidence were in public, but that apparently some evidence parts were non-public.
5 – that I have been given an extract only from your draft report, on grey paper marked confidential, ensuring that I can not as a result comment on it. The claim that “This is to ensure that the principles of natural justice and due process are observed.” is absurd, given that natural justice and due process have been absent throughout.
Looking forward to having this wasteful exercise in enmity drawn to a conclusion.
Cr. Lee Vandervis
—— End of Forwarded Message
[ends]
*Email addresses, phone numbers and web links removed. The company referred to above is “Deloitte”. The councillor surname is “MacTavish”. -Eds
—
CORRECTION
From: Sandy Graham [DCC] Sent: Friday, 17 April 2015 1:31 p.m. To: Elizabeth Kerr [What if? Dunedin] Subject: Correction
Dear Elizabeth
As discussed, I wish to correct a statement made by Cr Vandervis in his “Open letter to the Conduct Committee” which is published on your website.
The statement that the CEO Sue Bidrose had “years as the senior manager of Citifleet prior to the Citifleet manager’s sudden death” is incorrect. Sue had Regulatory Services (which included Citifleet, Building Control, Environmental Health, Parking Services) added to her General Manager portfolio for less than five months in 2013, immediately prior to being appointed CEO. This is clearly not “years” and needs correcting. Cr Vandervis’ assertions that Sue’s evidence to the Conduct Committee was therefore compromised is not supported by the facts.
Regards
Sandy
Sandy Graham
Group Manager Corporate Services
Dunedin City Council
—
—— Forwarded Message From: Lee Vandervis Sent: Friday, 17 April 2015 5:01 p.m. To: John Bezett, David Benson-Pope, Stuart Anderson Subject: FW: Overestimation of Dr. Bidrose’s time as most senior Citifleet
Dear Code of Conduct Committee,
Please accept my apology for ignorantly overstating the length of time Dr Bidrose was most senior manager of Citifleet prior to becoming our CEO.
‘Years’ should read ‘5 months as the senior manager of Citifleet and then 6 months as CEO’ prior to the Citifleet manager’s sudden death.
Kind regards,
Cr Lee Vandervis
—— Forwarded Message From: Lee Vandervis Date: Fri, 17 Apr 2015 16:12:33 +1300 To: Sandy Graham, Sue Bidrose Cc: Elizabeth Kerr [What if? Dunedin]
Conversation: Overestimation of Dr. Bidrose’s time as most senior Citifleet Manager Subject: Overestimation of Dr. Bidrose’s time as most senior Citifleet Manager
Dear Sandy and Sue,
Thank you for correcting my overestimation of the time Sue was senior manager of Citifleet prior to becoming DCC CEO.
I sincerely apologise for my inaccuracy.
To avoid future inaccuracy on my part, can you please clarify which departments Sue was in a managerial position over and for what periods in the years Sue was at the DCC prior to be coming our CEO.
Kind regards,
Lee
—— End of Forwarded Message
—— End of Forwarded Message
█ For more, enter the terms *vandervis*, *cull*, *bidrose*, *citifleet* or *deloitte* in the search box at right.
Site Admin
What if? Dunedin has received a total of 17 emails from Lee Vandervis, including two with email attachments. A further three emails have been withheld from publication due to privacy reasons, and which may be actionable.
The first batch of seven emails feature at this post, with the remaining ten emails (some repeats to different recipients as Mr Vandervis follows up with Kyle Cameron of Deloitte, responsible for the Citifleet investigation) to be added at Comments after being photographed and stitched back together to retain threads.
To be noted, this is part document proof of Cr Vandervis’ efforts from 2011 forward to elicit information on suspicion of fraud occurring at Citifleet. The emails show DCC Senior Management were aware of fraud allegations well prior to 2013/14, despite Council’s formal media statements to the contrary last year. They also support the obvious need that existed for a wider fraud investigation in regards to Council tendering processes, service contracts, traffic of car parts and tyres, staff credit card spending (by multiple available cards) and more – quite apart from disposal of at least 152 Council vehicles in the period 2003-2013, the set arbitrary window for investigation by Deloitte.
The DCC chief executive having taken a fraud complaint to Dunedin police was advised police had insufficient resources for follow up. There was then a three-month gap before police received the Deloitte investigation report commissioned by the Council. Three months is long amount of time to minimise and remove critical evidence within Council and about town. Dunedin City Council knows that. Deloitte knows that. Dunedin police know that. We can assume the Council’s insurers know that, yet they paid out $1 million in two instalments, for the ‘lost’ vehicles only [see DCC media release]. The three-month gap in itself is a suspicious if not criminal activity against Dunedin ratepayers and residents.
For more information at this website, enter the term *citifleet* in the search box at right.
Received from Lee Vandervis
Tue, 17 Mar 2015 10:19 a.m.
█ Message: I have had enquiries today from members of the public regarding my initial 2011 investigation of Citifleet complaints. For the public record, I am forwarding the related emails I have on record from that period, some of which you may find interesting enough to publish.
—
Batch #1 (six emails distinguished by blue subject lines and flags)
### ODT Online Tue, 17 Mar 2015 Council sets up whistleblower committee
By Eileen Goodwin
An internal audit policy adopted by the Dunedin City Council shifts responsibility to governance level, an “important change”, councillor Richard Thomson told a council meeting yesterday. […] Cr Lee Vandervis asked how easy it would be for the general public to tip off the council’s whistleblower, given he was “beginning to tire of the role, given recent events”. Read more
█ Comments not allowed at ODT Online.
—
It is completely ludicrous that our little Cr Thomson is today making public comment on DCC’s new Whistleblower Policy – given Cr Thomson as chair of DCC Finance Committee has had every opportunity to treat his colleague, Cr Vandervis, the Council’s most notoriously effective Whistleblower, with all fairness and due respect but has actively failed on that count, time and time again.
What is it with Cr Thomson, our import from Southern District Health Board and former Otago District Health Board. Doesn’t the Councillor see it as his mission to relieve Dunedin Ratepayers from the living hell of the nearly unsurpassable multimillion-dollar mountain of corruption and fraudulent activity perpetuated at the Council and through its CCOs. Whitewash is not removal, Councillor.
A quietly spoken SDHB informant tells me Susie Johnstone, a chartered accountant, was wheeled in by the Health Board after the Swann fraud, for mop up. Well, Detectives, who wheeled her in and what was the nature of the mop up?
Separately, following Cr Thomson’s uptake into local body politics, Ms Johnstone was recommended for the position of independent chair of the DCC Audit and Risk Subcommittee.
The ARS committee is now to deal with Whistleblowing (no surprises there). As we have already published in previous months, via intimations of the Draft Whistleblower Policy: the DCC contact for Whistleblowers has been a Balclutha woman, whether actively.
Connections regularly multiply. The timing of Council’s announcement of its new Whistleblower Policy is sheer craziness in light of yesterday’s illegitimate farce of a conduct hearing, held at the expense of the DCC Chief Whistleblower. A woman from Balclutha was a witness at the hearing….
Rule of Thumb for DCC Whistleblowers: use outside means.
Good to see Eileen Goodwin reporting on Council business.
—
### ODT Online Tue, 17 Mar 2015 Vandervis accused of ‘bullying’ behaviour
By Vaughan Elder
Dunedin City councillor Lee Vandervis’ aggression towards colleagues was slammed as unacceptable at a code of conduct hearing yesterday. The committee heard evidence relating to three complaints, two of which related to him behaving in an “aggressive” manner. […] The panel’s independent chairman, Prof Stuart Anderson, of the University of Otago’s faculty of law, noted the committee needed to look at Cr Vandervis’ intent and not whether he was correct. Read more
█ Comments allowed at ODT Online.
How many comments will be lost and deleted?
****
### ODT Online Tue, 17 Mar 2015 Councillor apologises for ‘loudness’
By Vaughan Elder
[…] In an effort to not upset people, [Cr Lee Vandervis] would no longer go to the audit and risk subcommittee – where he was accused of being aggressive towards the independent chairwoman – and make his complaints to chief executive Dr Sue Bidrose by email rather than in person. These two steps would “more” importantly stop him from being the subject of further “political back-stabbing”, he said. Read more
● For more, enter the terms *vandervis* and *citifleet* in the search box at right.
—
Documents: Dunedin City Council – Standing Orders (PDF, 1019.0 KB)
The Standing Orders set out rules for the conduct meetings of the Dunedin City Council and includes the Code of Conduct for Elected Members, as adopted at the inaugural Council meeting Oct 2010.
DCC Committee Structures and Delegations Manual (PDF, 328.7 KB)
This document details the constitution of the Council, Committees and Subcommittees, and the delegations to the Chief Executive.
Received from Lee Vandervis
Fri, 13 Mar 2015 at 9:32 a.m.
█ Message: Your readers may be interested in an example of how extraordinarily difficult it often is for Councillors to get information from staff – especially if that information is about staff.
An important example is highlighted in the following email trail – important because as the original Citifleet whistleblower in 2011, I am still getting flack and having information withheld that could help to get to the bottom of DCC frauds.
Thank you for this sudden response after more than 3 months of nothing.
Further follow up LGOIMA requests are as follows;
Why has this multiple LGOIMA request not been acknowledged or decided upon within the required 21 working days?
When you say that this is “our response” who exactly has been responsible for the decisions in the response?
Are you aware that the last time I went to the ombudsman to hurry up an information request, it took several attempts and 11 months to get an answer?
Looking forward to a response by return.
Cr. Vandervis
——————————
On 11/03/15 4:03 PM, “Grace Ockwell” [DCC] wrote:
Good afternoon Lee,
Thank you for your email of 20 November 2014 and your follow-up email requesting information about the Deloitte Report on Citifleet. Your request has now been forwarded to me to process. It has been considered under the provisions of LGOIMA and the following response is provided. I have repeated your request (or parts thereof) to give context to our response.
a full copy of the original Deloitte Report on Citifleet [including all appendices] as referred to below.
The Police have yet to conclude their investigation of this matter and therefore a copy of the full Deloitte report is still withheld pursuant to section 6(a) of LGOIMA to avoid prejudicing the maintenance of the law and the detection of offences. It is also withheld pursuant to section 7(2)(a) of LGOIMA to protect the privacy of individuals.
As part of the full report from Deloittes I also wish to have, again on grey paper if necessary, the separate Deloitte investigation report and recommendations to CEO Bidrose regarding investigations into the activities of ‘certain DCC employees’. [2.10(b)]
The information provided to the CEO in relation to staff is withheld pursuant to section 7(2)(a) of LGOIMA to protect the privacy of individuals and pursuant to section 7(2)(c) as the information provided is subject to an obligation of confidence.
In addition I wish to see the Deloitte file ‘to support a complaint to the Serious Fraud Office/Police’, and any Citifleet related advice to Council’s legal advisors.
All correspondence between the Council and our legal advisors (including correspondence between Deloitte and our legal advisors on the Citifleet matter) is withheld pursuant to s 7(2)(g) of LGOIMA to protect legal professional privilege. Additionally, some but not all of the material is also withheld pursuant to section 6(a) of LGOIMA to avoid prejudicing the maintenance of the law and the detection of offences.
Finally I wish to have sent to me the electronic copy preserved by Deloitte of information that DCC controls as referred to in 2.10(a) and any associated analysis results.
The Police have not yet concluded their investigation of this matter and therefore the preserved electronic copy of information held by Deloitte which the Council controls is withheld pursuant to section 6(a) of LGOIMA to avoid prejudicing the maintenance of the law and the detection of offences. It is also withheld pursuant to section 7(2)(a) of LGOIMA to protect the privacy of individuals.
As you are aware, as we have withheld information, you have the right pursuant to section 27(3) of LGOIMA to have our decision to withhold information reviewed by the Office of the Ombudsman.
Yours sincerely
Grace Ockwell
Governance Support Officer
Dunedin City Council
——————————
From: Lee Vandervis Date: Wed, 11 Mar 2015 09:37:03 +1300 To: Sandy Graham [DCC], Sue Bidrose [DCC] Conversation: Further LGOIMA requests Subject: Re: Further LGOIMA requests
Dear Sandy and Sue,
Can you please update me by return on where these LGOIMA requests have progressed to?
Regards,
Cr. Vandervis
——————————
On 24/12/14 10:13 AM, “Lee Vandervis” wrote:
Dear Sandy,
Again I request a full copy of the original Deloitte Report on Citifleet [including all appendices] as referred to below.
I can accept that the full report may have to be provided on grey paper.
As part of the full report from Deloittes I also wish to have, again on grey paper if necessary, the separate Deloitte investigation report and recommendations to CEO Bidrose regarding investigations into the activities of ‘certain DCC employees’. [2.10(b)]
In addition I wish to see the Deloitte file ‘to support a complaint to the Serious Fraud Office/Police’, and any Citifleet related advice to Council’s legal advisors.
Finally I wish to have sent to me the electronic copy preserved by Deloittes of information that DCC controls as referred to in 2.10(a) and any associated analysis results.
Ratepayers have paid quarter of a million dollars for the production of this information and I wish to see all of it as a public representative in the public interest.
It is not acceptable to me to have only been provided with the public redacted report along with the public at such a late pre-Christmas stage.
Regards,
Cr. Lee Vandervis
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On 13/10/14 10:32 PM, “Lee Vandervis” wrote:
Dear Sandy,
You have not answered the question as to why one elected representative [the Mayor] seeing the entire Deloitte report [and parts of the report appearing in Audit and Risk Subcommittee agendas] is not likely to “prejudice the maintenance of the law including the investigation and detection of offences.” but that this is still an excuse for not showing the entire report to other elected representatives like myself. Especially given the number of comments the Mayor and CEO have been making to the media regarding the subject of the Deloitte Report.
Your claim that the Stadium review is not yet completed and is still in draft form directly contradicts the advice of the quoted Audit and Risk agenda of 7/10/14 which plainly says that the Stadium “external review has been completed”. If the former, since it can’t be both, why can’t I see it anyway? And why have we then been misled in the A&R agenda?
Being “of course entitled to have that decision reviewed by the Office of the Ombudsmen.” is a farcical affront, given the last response from this dysfunctional excuse for a government department took ELEVEN MONTHS to reply to my request to see the faults list for the long completed Town Hall redevelopment, which you also refused.
This systematic stonewalling of this elected representative by DCC staff is unacceptable to me.
“The effective operation of the OIA is crucial to our system of open and democratic government, and this review will scrutinise how things are currently operating and set out a framework for systemic improvement where deficiencies are identified.” –Beverley Wakem, Chief Ombudsman
### NZ Herald Online 2:11 PM Tuesday Dec 16, 2014 Government offices selected for OIA review
By Isaac Davison – NZ Herald political reporter
The Chief Ombudsman says a major review of the Official Information Act will scrutinise all 27 government ministers’ offices. Dame Beverley Wakem today began her review of the way the public sector used the OIA, which she first announced in August.
Twelve government agencies have been selected for formal review, based on their size, number of OIA requests, complaints, and other criteria.
A further 63 agencies and all ministers’ offices have been asked to complete a detailed survey. At least one agency cited for good OIA practice would be included in the review.
The Ombudsman’s office would also seek input from past and present public servants, Opposition parties, journalists, academics and others.
Dame Beverley said the goal was to assess the quality and integrity of OIA practice in the public sector and to address any issues that were found. Read more
█ For more, enter terms such as *corruption*, *fraud*, *whistleblowers*, *dia*, *department of internal affairs*, *stadium*, *gambling*, *auditor general*, *oag*, *audit nz*, *orfu*, *nzru*, *sfo*, *pokies*, *ttcf*, *racing* or *rugby* in the search box at right.
Charity expert Michael Gousmett has labelled the failure to pursue the investigation a cop-out. “To brush it under the carpet, [Internal Affairs] is basically abdicating their responsibility,” Gousmett said. “They tend to pick on the low-hanging fruit and you would have to question what the real purpose of the regulator is.”
### NZ Herald Online 5:00 AM Sunday Dec 14, 2014 Glenn charity probe dumped
By Bevan Hurley – chief reporter
Internal Affairs has abandoned an investigation into alleged irregular payments for a thoroughbred racehorse made by Sir Owen Glenn’s charity. After being under investigation for 18 months, the Glenn Family Foundation Charitable Trust charity was voluntarily deregistered on December 1. The charities regulator launched an investigation after emails appeared to show payments from the Glenn Family Foundation to a bloodstock company and Sir Owen’s personal bank account.
The alleged irregular payments surfaced in an email from former trust chief executive Peter McGlashan to Sir Owen, in which he wrote “large international transfer payments you requested be made to Bloodstocks Ltd and to your account in Sydney”. McGlashan’s email stated the payments “are not typical” of a charitable trust and will “no doubt need explaining” when the charity’s accounts were being prepared.
Charities service general manager Lesa Kalapu defended the length of the investigation, and lack of a resolution, saying there had been delays because Sir Owen lived overseas. “Purely because of the scale, and the international aspect to it, there were delays.” She said there was a “fair level of co-operation”.
Sir Owen told the Herald on Sunday negative media coverage had forced him to leave New Zealand.
The Charities Service came under the Department of Internal Affairs in July 2012. Read more
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A lot has happened, a lot of investigation files have been deliberately buried.
The Department of Internal Affairs (DIA) has been deficient, dissembling and politically influenced to not pursue prosecution of innumerable persons — recognised pillars of society, professional trustees, lawyers and accountants amongst them — known to be involved in multimillion-dollar white collar crime.
A public disgrace, no less for the successive Ministers concerned.
But don’t worry, no-one is naïve in saying this.
Dunedin City councillor Lee Vandervis said he alerted council chief executive of the time Paul Orders that the Dunedin branch of Turners was consistently shut out of contracts it sought, mainly for the disposal of used cars in 2011.
### stuff.co.nz Last updated 09:57 24/10/2014 Citifleet ‘stonewalled’ auctioneer firm
By Wilma McKay
A Dunedin city councillor says the council should have investigated its fraught Citifleet unit three years ago, when he expressed concerns that it shut out firms like car auctioneer Turners. Lee Vandervis said that in 2011 he alerted council chief executive of the time Paul Orders that the Dunedin branch of Turners was consistently shut out of contracts it sought, mainly for the disposal of used cars. The city council said in June this year it was investigating practices within its vehicle fleet unit Citifleet.
Unit team leader Brent Bachop had died suddenly in late May. His death has been referred to the coroner.
A subsequent Deloitte investigation, commissioned by the council, unravelled a vast network of alleged fraudulent activity, some with selected car dealers and other individuals, over 11 years, equating to more than a million dollars in lost council revenue. Some of the activity involved profits from the disposal of second hand Citifleet vehicles allegedly being pocketed instead of being paid into council coffers.
Vandervis said he was concerned about Bachop’s business dealings when he was told by Turners and other Dunedin businesses they were having difficulty even engaging with Citifleet. He began pressing Orders on the issue and made a raft of requests for information around Citifleet. Vandervis suggested Orders meet the manager “to attempt to normalise a Turners/DCC business relationship”. Vandervis said Turners’ staff had expressed “long and on-going frustration at trying to deal with Citifleet vehicle disposals”. Read more
A very experienced political journalist told me: “The whole culture of the Wellington public service towards the OIA is governed by two things – the need not to embarrass your minister or your department (putting your chances of promotion or even your job at risk ) and the need to uphold the law, which public servants are more conscious of than you might think. The result is that public servants block requests for as long as they can and delete as much as they can using whatever section of the OIA act that they can.” –David Fisher, NZ Herald
Link received Thu, 23 Oct 2014 at 8:15 p.m.
### NZ Herald Online 2:56 PM Thursday Oct 23, 2014 David Fisher: OIA a bizarre arms race
NZ Herald journalist David Fisher gave the following speech to an audience of public officials in Wellington on October 15. We republish it here to help the public understand the systematic difficulties faced by those seeking information on their behalf.
Good afternoon everyone. I am David Fisher, a reporter with the NZ Herald. I have worked as a journalist for 25 years, mainly in New Zealand but across a number of other countries.
I think there’s some value before I start in placing a context around the current situation in relation to the media and the OIA. In doing so, it should be said each of the following allegations is denied.
At the moment, there is an inquiry underway into whether a blogger gained some advantage in receiving information from the SIS for political purposes. There are also allegations of preferential treatment over the OIA involving the same blogger and the former Justice Minister.
The police are also facing allegations of trying to cover up juked stats by burying an OIA. And a former Customs lawyer has said his organisation preferred to let requests languish in the Ombudsman’s office than dealing with them.
In the 25 years I have worked as a journalist, there have never been so many questions, or such a loss of faith, all at once. Read more
I see that the mighty NZ Police have now decided to prosecute Nicky Hager over the fact that as a journalist he will not reveal who gave him copies of the emails that implicated so many of the National Party in downright crude manipulation and God only knows what else. Even that very friendly Speaker of the House has been forced to find that Key is a devious, slippery sod by not revealing his relationship with that scumbag Cameron Slater (watch the interesting exchange at yesterday’s question time here. http://www.inthehouse.co.nz/video/34526)
Isn’t it extraordinary that the NZ Police – such an independent body of public servants – jump so quickly whenever Donkey Jonkey and his mates want action, yet they are pleading under-resourcing for really serious crimes? Remember the infamous John Banks (you know, the little forgetful coot from Auckland) cup of tea PR stunt with Key? Key lays a complaint about the recording and the cops jump immediately. Collins, Key and others are shown to be dirty manipulators in Hager’s book and the cops immediately follow up. And how many others could say that their well-documented complaints have been diligently followed? I know of a few for starters, but let’s start with the Crewe murders and the bent cops who planted evidence. Did the cops diligently pursue anyone else when Thomas was pardoned? Not even when Rochelle Crew asked them to do so. The two bent cops were praised for their integrity and diligence by the very top cop after they died.
I could go on, but the perception out there is that the cops are politically driven.
Sky City International Convention Centre
Christchurch Justice and Emergency Services Precinct
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What if? Dunedin... 