South Dunedin stormwater pipes —getting past the desktop ICMP

Dunedin City Council (website) on Stormwater:

Stormwater is rain or snow runoff that does not soak into the soil.
When an area is developed, stormwater generally increases due to runoff from impermeable surfaces (eg roofs, roads, carparks, or compacted soil). It flows naturally from higher to lower ground, and ultimately discharges into natural watercourses such as wetlands, creeks, rivers or the sea. Land development results in the creation of both private and public stormwater systems, which collect and transfer stormwater to lower ground more efficiently. The public stormwater system is a network of drains, gutters, pipes, mud tanks, detention ponds, stormwater reserves and other associated infrastructure.

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At other threads (here and here), contributor JimmyJones has cited the South Dunedin Integrated Catchment Management Plan (ICMP) to draw attention to the actual or perceived state of the stormwater pipes at South Dunedin. He believes the type of pipeways and the deteriorating condition of the pipes contributed to the June 2015 South Dunedin “flood event”, and will require budgeted upgrade.

But is the South Dunedin ICMP correct about the underground pipes and their condition?

Largely, the ICMP was a desktop assessment carried out by consultants for the Dunedin 3 Waters Strategy. Namely, Opus International Consultants and URS New Zealand (now trading as Aecom) in association with Dunedin City Council.

South Dunedin ICMP – Integrated Catchment Management Plan
● Sth Dunedin ICMP (PDF, 11.1 MB)
● Sth Dunedin Mapbook (PDF, 12.0 MB)

Read more about the 11 ICMPs for Dunedin here.

DCC says ICMPs are used for planning and management of the stormwater system. For each stormwater management area, or catchment, issues are identified and prioritised, and solutions are identified and implemented. The ICMPs are mainly in the metropolitan Dunedin area (including Mosgiel and Port Chalmers). They inform investigation and planning decisions and help focus council priorities for future operational and capital works. Implementing the ICMPs is also a key requirement of DCC consents to discharge stormwater into the coastal marine area. Further information is available on the Stormwater monitoring page, see also the Stormwater responsibilities page.

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The Pipes at South Dunedin
Local water and drainage experts familiar with the stormwater system say:

Received.
Sat, 18 Jun 2016 at 10:52 a.m.

The South Dunedin ICMP report has been read, it’s “ok”. But it’s also described as “…glossy and costly for the consultant(s). Basically, such reports tell the Council stuff they neither read nor understand, but would have mostly been trivial knowledge (where accurate)” to local experts familiar with the design and day-to-day workings of the stormwater system.

“You can believe any part of [the ICMP] or not. It’s a desktop study, which speculates on pipe condition. Robinson and Hendry have read it and obviously don’t agree. Pipes last for an eternity with limited maintenance (other than blockage removal) provided there isn’t ground movement or corrosion (these pipes are concrete).”

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Listener, June 11-17 2016, pp22-29 (not yet available online):

[excerpt —click to enlarge]

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ODT 13.2.16
“Mr Hendry believed South Dunedin’s infrastructure, which he spent six years helping build as a surveyor in the 1960s, would have been good enough to prevent much of the damage had it been properly maintained. […] My view is that these people out here, a lot of them have got nothing. Now they have got a hell of lot less. It’s not fair on them. Nobody’s come out and said ‘we were wrong. Something wasn’t done right’.”

█ Come to the Public Meeting in South Dunedin on Monday evening, hosted by the South Dunedin Action Group.

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Related Posts and Comments:
17.6.16 So we’re going to play it this way #SouthDunedinFlood
● 16.6.16 Public Meeting: South Dunedin Action Group #AllWelcome
10.6.16 “Civic administration” reacts to hard hitting Listener article
● 6.6.16 Listener June 11-17 2016 : Revisiting distress and mismanagement
● 4.6.16 Johnstone review … DCC Infrastructure Services meeting 26.4.16
3.6.16 DCC —godsakes, how did it get to this? #flood #property damage
● 19.5.16 Johnstone review of 2nd DCC report #SouthDunedinFlood
29.4.16 Vandervis emails batch 2 #Dunedin #infrastructure #flood #mudtanks
27.4.16 Vandervis emails batch 1 #Dunedin #infrastructure #flood #mudtanks
27.4.16 DCC meeting and apology NOT Enough— #SouthDunedinFlood
20.4.16 DCC Politics : Release of Infrastructure Report #SouthDunedinFlood
14.4.16 South Dunedin flood risk boosters #ClimateChangeCrap #PissOffPCE
31.3.16 DCC: Infrastructure report 2 pending —Mudtanks & stormwater…
● 8.3.16 Johnstone independent review of DCC report #SouthDunedinFlood
2.3.16 DCC compels extensions on LGOIMA requests #SouthDunedinFlood
26.2.16 Mudtanks and drains + Notice of Public Meeting #SouthDunedinFlood
21.2.16 DCC infrastructure … report (30.11.15) subject to ‘internal review’ only
● 13.2.16 South Dunedin Flood (3 June 2015): Bruce Hendry via ODT
4.2.16 2GP commissioner appears to tell Council outcome… #hazardzones
4.2.16 Level responses to Dunedin mayor’s hippo soup #Jun2015flood
30.1.16 DCC Rates: LOCAL CONTEXT not Stats —Delta and Hippopotamuses
● 25.1.16 DCC: South Dunedin Integrated Catchment Management Plan (ICMP)
19.1.16 Listener 23.1.16 (letter): South Dunedin #Jun2015flood
16.1.16 NZ Listener 16.1.16 (letter): South Dunedin #Jun2015flood
14.1.16 ‘Quaking!’ Dark day$ and tide$ to come #Dunedin #Jun2015flood
10.1.16 Infrastructure ‘open to facile misinterpretation’…. or local ignore
5.1.16 Hammered from all sides #fixit [dunedinflood Jun2015]
24.12.15 Site notice: posts removed
● 3.11.15 South Dunedin Flood | Correspondence & Debriefing Notes released by DCC today #LGOIMA

Downloads:
● Kerr, Elizabeth LGOIMA Correspondence Hendry and Williams 2015
● Kerr, Elizabeth LGOIMA Flood Debrief Notes 2015

█ For more, enter the terms *flood*, *sea level rise*, *stormwater*, *hazard*, *johnstone*, *hendry*, *south dunedin action group*, *debriefing notes* or *listener* in the search box at right.

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Posted by Elizabeth Kerr

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

So we’re going to play it this way #SouthDunedinFlood

ODT 17.6.16 (page 10) —[click to enlarge]

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whatifdunedin:

1. The claim of “factual errors” is surely able to be substantiated or thrown out by a suitably qualified (named) EXTERNAL peer reviewer acceptable to DCC and engineer Neil Johnstone. The ‘matter of degree’ (serious ?) is a matter for the peer reviewer to comment on. As are issues of professional competencies —which only an independent and transparent peer reviewer with nationally recognised engineering expertise can deal to. Not an in-house operational.

2. Neil Johnstone has issued three reviews, two of these deal to DCC’s formal reports on the June 2015 South Dunedin “flood event”, dated 30 Nov 2015 and 26 Apr 2016 respectively; and the third deals to comments (video recorded by Ch39 and published at DCC’s Youtube channel) during the DCC Infrastructure Services Committee meeting held on 26 April 2016. The reviews are published at this website – enter the term *johnstone* in the search box at right.

3. Neil Johnstone has requested that factual errors noted by DCC be made discoverable. DCC appears to be side-stepping qualification and quantification of its verbal assertions every which way.

4. It is highly likely that no expert external peer reviews exist or they would have been made public by now. More than a year after the “flood event”, we wait.

5. A peer review(s) is not something to hide. Why is DCC doing secret squirrel when challenged to substantiate its earlier comments (publicly stated on more than one occasion, recorded by mainstream media – for example, by Mayor Cull and Transportation’s Ian McCabe, who later resigned) – that external peer reviews of its formal reports did happen. After the fact is a little squiffy, if DCC is writing them now.

“Technical qualifications and experience with stormwater infrastructure design and management” are not provided. Rhetorical.

Holes being dug, an epitaph.

█ For related posts and comments, enter the terms *flood*, *sea level rise*, *stormwater*, *hazard*, *johnstone*, *hendry*, *south dunedin action group*, *debriefing notes* or *listener* in the search box at right.

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Posted by Elizabeth Kerr

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

Public Meeting: South Dunedin Action Group #AllWelcome

[click to enlarge]

Date: Monday, 20 June 2016
Venue: Nations Church, 334 King Edward St, South Dunedin
Time: 6:00pm (1800 hours)

█ Facebook: South Dunedin Action Group
https://www.facebook.com/SouthDunedinActionGroup/

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Message to Mayor David Cull

M E M O R Y • P R O B L E M S • C A N • H A P P E N • A T • A N Y • A G E
keep managed retreat and climate change out of local body politics

ODT 16.6.16 (page 12) —[click to enlarge]

█ For related posts and comments, enter the terms *flood*, *sea level rise*, *stormwater*, *hazard*, *johnstone*, *hendry*, *south dunedin action group*, *debriefing notes* or *listener* in the search box at right.

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Posted by Elizabeth Kerr

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

“Civic administration” reacts to hard hitting Listener article

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

S o u t h • D u n e d i n • F l o o d

Truth and decency are owed to the flood affected people of South Dunedin.

Interpretations post flood and in the months since —appear without technical evidence, making false claim to Climate Change (the ‘end is nigh’ if only to avoid local government liability), in contradiction to data and analysis provided by local engineers, ORC, MetService and former council staff, amongst others.

6 June 2016
[post] Listener June 11-17 2016 : Revisiting distress and mismanagement #SouthDunedinFlood

‘Our leader’ is in a self-flagellating hole —prepared to say anything to attract votes in the October local body elections. Serious ? Genuine ?

We owe it to ourselves.
The Mayor of Dunedin should not get a third term.

‘Leadership’ has involved neglect of core council business – specifically, maintenance of key infrastructure network and services.

This has done too much damage: tens of millions of dollars of damage at South Dunedin. A massive hit sustained by constituents and insurers. Yet today ‘the administration’ rattles and unsettles the community it has comprehensively failed, with latest wanton burble at the opinion pages of the Otago Daily Times.

The Mayor should immediately resign his office at Dunedin City Council.

Bullshit from the Mayor and underlings is UNACCEPTABLE.
South Dunedin has a stormwater system that when properly maintained is well able to take rainstorms equivalent to that experienced a year ago.

Systems can always be improved but the current stormwater system is not all that old and has been designed with sufficient control mechanisms and stopgaps.

The Administration failed (for years) to deliver on budget, contracts, drain and mudtank maintenance; failed to check pump performance and screens at pumping stations during the June 2015 storm event; as staffing changed, failed to set in place procedures for weather events; failed to understand Civil Defence requirements for the most densely settled suburb of Dunedin; failed to adequately consider storm run-off from surrounding hill areas and the increase of impermeable surfaces as The Flat developed; failed to release stormwater to the ocean, etc etc……. but ultimately FAILED to put proper thought and planning to AVOIDANCE of Endangerment to the lives, health and livelihoods of thousands of South Dunedin residents.

Seriously. That’s the sort of ‘care and concern’ the gold-chained opinion-writer represents at ODT today. Further, there are Absolutely No Grounds to grease up the loophole backside of the technically inexpert Parliamentary Commissioner for the Environment.

The Listener article raises the issue of “mismanagement” during the rains of early June 2015. The liability rests at council doors.
That is a hammering public fact.

█ For related posts and comments, enter the terms *flood*, *sea level rise*, *stormwater*, *hazard*, *johnstone*, *hendry*, *south dunedin action group*, *debriefing notes* or *listener* in the search box at right.

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Posted by Elizabeth Kerr

Listener June 11-17 2016 : Revisiting distress and mismanagement #SouthDunedinFlood

R E S O N A T E S
Get the latest issue of New Zealand Listener (pp 22-29), more soon….

█ For related posts and comments, enter the terms *flood*, *sea level rise*, *stormwater*, *hazard*, *johnstone*, *hendry*, *south dunedin action group*, *debriefing notes* or *listener* in the search box at right.
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Posted by Elizabeth Kerr

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

*Image: phoneshot at a diner by whatifdunedin [click to enlarge]

DCC factory crew issues, ELT, CEO….

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.

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Related Posts and Comments:
30.11.15 City council “justifiably proud of its fiscal discipline” —Cull…
19.11.15 DCC Proposed 2GP ridiculousness: formatting + plan content
● 16.11.15 DCC operating deficit $1M worse than budget
9.11.15 Citifleet investigation: Final police report 29.10.15
● 6.11.15 DCC non compos mentis
15.10.15 DCC Citifleet: Redactions redactions
● 18.9.15 DCC suddenly wakes up! *cough —after fleet car pointers…
8.9.15 DCC Citifleet: Council steered off SFO investigation
● 22.8.15 DCC cycleway$ now tied to more ‘urban de$ign’ $pend, after reha$h…
10.8.15 DCC AMAZE —oh, more fraud
4.7.15 DCC Citifleet, [a] Deloitte report leaked
25.6.15 DCC Citifleet COVERUP #screwy
9.6.15 City promotion: moral fibre
7.5.15 DCC staff numbers, trending down
● 24.4.15 DCC re Dr Bidrose’s time as most senior Citifleet Manager
● 17.3.15 DCC whistleblowing —what is open government ?
15.2.15 DCC reality check —‘CEO Bidrose confirms no Vandervis complaint…’
11.2.15 Dunedin Cycleways: Pet project staff, ‘entitlement’? #irony
● 27.10.15 DCC: South Dunedin flood | higher learning for chief executive
29.12.14 DCC gets QLDC talent…. the weft and warp deviously weaves
● 19.12.14 DCC: Limited Citifleet investigation about insurance
● 18.12.14 DCC: Deloitte report released on Citifleet
● 22.11.14 ODT puffery for stadium rousing ?
● 19.11.14 Forsyth Barr Stadium Review
● 3.9.14 Stuff: Dunedin council CEO won’t resign
28.8.19 DCC: Tony Avery resigns
26.8.14 DCC: Extraordinarily stupid appointment ~!!!
31.7.14 DCC: Services and development #staffappointment
● 1.7.14 DCC: Far-reaching fraud investigation Citifleet
3.6.14 DCC unit under investigation
2.5.14 DCC $tar-ship enterprise
28.4.14 DCC loses City Property manager in restructuring
24.1.14 Stadium: It came to pass . . .
6.1.14 DCC: New Year revelation on staff bonuses
● 28.12.13 Sue Bidrose, DCC chief executive
● 18.11.13 DCC: New chief executive

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Posted by Elizabeth Kerr

*Image: Sue Bidrose via Dunedin Television, tweaked by whatifdunedin

DCC Citifleet: Police finishing final report

### ODT Online Wed, 16 Sep 2015
Final Citifleet fraud report not finished
By Chris Morris
Dunedin police are still working to finalise a report into the $1.5 million Citifleet fraud, despite announcing in June no charges would be laid, it has been confirmed. The development came as it was confirmed an earlier police report into the Dunedin City Council’s long-running fraud was released to media despite internal concerns from senior police it was out of date, emails showed.
Read more

● The Department of Internal Affairs was keeping a close eye on the Dunedin City Council’s handling of the Citifleet fraud investigation, documents show. (ODT)

█ For more, enter the terms *citifleet*, *bachop*, *bidrose* or *vandervis* in the search box at right.

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Posted by Elizabeth Kerr

DCC Citifleet: Council steered off SFO investigation

Link received.
Mon, 7 Sep 2015 at 9:47 p.m.

█ Message: Spot the difference – a Maori group gets the SFO while Dunedin Ratepayers get a lowly detective.

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### NZ Herald Online 3:59 PM Monday Sep 7, 2015
Tertiary funding probe: SFO called in as centre agrees to pay back $7.5 million
By Steve Deane
A senior manager is dead and a Serious Fraud Office investigation has been launched following a probe into an agricultural college that uncovered millions of dollars of unjustified taxpayer funding.
The results of a Tertiary Education Commission (TEC) investigation into funding irregularities at Taratahi Agricultural Training Centre were released this afternoon following investigations by the Herald.
Taratahi’s former chief executive, Dr Donovan Wearing, died suddenly in January – three months after the TEC confirmed it was undertaking a ‘targeted review’ of the organisation.
The Herald has been told Dr Wearing addressed staff at the sprawling campus just outside Masterton about the investigation on January 21. The 52-year-old father of six was later found in a critical condition in a shed on campus grounds. He was taken to Wellington Hospital where he died at 10.30pm.
Dr Wearing’s death has been referred to the coroner.
Read more

█ For more, enter the terms *citifleet*, *deloitte*, *vandervis*, *detectives* and *bidrose* in the search box at right.

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Posted by Elizabeth Kerr

Cr Vandervis replies to local newspaper

Updated post Sun, 26 Apr 2015 at 2:44 p.m.

Meeting of the Dunedin City Council on Tuesday, 28 April 2015 at 1:00 PM, Council Chamber, Municipal Chambers

█ Agenda – Council – 28/04/2015 (PDF, 96.6 KB)

█ Report – Council – 28/04/2015 (PDF, 172.7 KB)
Conduct Committee Report to Council

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Updated post Sat, 25 Apr 2015 at 3:00 a.m.

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?

Chris.

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SICK QUOTES
—care of whatifdunedin

ODT articles:
Penalty urged for Vandervis
Voting rights loss ‘punishing wrong people’

█ For more, enter the terms *vandervis*, *cull*, *bidrose*, *citifleet* or *deloitte* in the search box at right.

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Posted by Elizabeth Kerr

DCC re Dr Bidrose’s time as most senior Citifleet Manager

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.

Regards
Sandy

[click to enlarge]

█ Download: SUE BIDROSE RESPONSIBILITIES (PDF, 16 KB)

————

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.

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Posted by Elizabeth Kerr

DCC severely FAILS councillor #naturaljustice #contempt

Updated post Sun, 26 Apr 2015 at 2:45 p.m.

Meeting of the Dunedin City Council on Tuesday, 28 April 2015 at 1:00 PM, Council Chamber, Municipal Chambers

█ Agenda – Council – 28/04/2015 (PDF, 96.6 KB)

█ Report – Council – 28/04/2015 (PDF, 172.7 KB)
Conduct Committee Report to Council

—

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.

Cheers,

Chris.

—— End of Forwarded Message

—

Related Posts and Comments:
15.4.15 Cr Lee Vandervis: Open Letter to the DCC Code of Conduct Committee
18.3.15 Lee Vandervis releases emails #Citifleet investigation
17.3.15 DCC whistleblowing —what is open government ?
13.3.15 Cr Lee Vandervis: LGOIMA…. Citifleet Investigation – Deloitte Report
26.2.15 DCC and the day(s) of Madness
23.2.15 Lee Vandervis on DCC Code of Conduct process #emails #naturaljustice
15.2.15 DCC…. ‘CEO Bidrose confirms no Vandervis complaint with a hug’
6.2.15 Cr Lee Vandervis apology
5.1.15 DCC: Chairman denies true and correct Council record
19.12.14 Vandervis: Deloitte and Police Citifleet investigations
19.12.14 DCC Citifleet by email . . . . woops! (another timeline proof)
18.12.14 DCC: Deloitte report released on Citifleet #whitewash
24.10.14 DCC Citifleet, more revelations….
21.10.14 DCC Citifleet, undetectable….
1.9.14 DCC Fraud: Further official information in reply to Cr Vandervis
30.8.14 DCC Fraud: Cr Vandervis states urgent need for facts….

█ For more, enter the terms *vandervis*, *cull*, *bidrose*, *citifleet* or *deloitte* in the search box at right.

—

Posted by Elizabeth Kerr

DCC and the day(s) of Madness

Diamond or paste [operatoday.com]

Comment received from Mick
Submitted on 2015/02/25 at 2:45 pm | In reply to Peter.

—

@Peter
February 25, 2015 at 1:57 pm
‘I think this ridiculously childish bun fight is symptomatic when a council is breaking down, where the members, both administrative and political, spend more time undermining and attacking each other as things continue to go wrong.’

They have reduced the council to a farce. I think that Lorenzo da Ponte could have written a fine libretto using Dunedin instead of Seville. Sadly, we would struggle to find a Mozart to provide the music.
But ‘a day of madness’ it certainly is here in Dunners.

Le Nozze di Figaro : The Marriage of Figaro or “A day of Madness”
Opera buffa: Comic opera in four acts
Wolfgang Amadeus Mozart (1756 – 1791)
Libretto: Lorenzo da Ponte (1749 – 1838)

He could have found a cast as follows:
DRAMATIS PERSONÆ:

COUNT ALMAVIVA baritone – David Cull
COUNTESS ALMAVIVA – soprano – Kate Wilson
SUSANNA – soprano, the COUNTESS’ chambermaid. Jinty MacTavish
FIGARO – bass, the COUNT’s manservant. Lee Vandervis
CHERUBINO – mezzo-soprano, in love with everyone. Richard Thomson
MARCELLINA – mezzo-soprano, in love with FIGARO. Hilary Calvert
DON BARTOLO – bass, previously Rosina’s guardian. David Benson-Pope
DON BASILIO – tenor, previously music teacher. Chris Staynes, now the COUNT’s middleman for his various romantic affairs.
DON CURZIO – tenor, a judge. Prof Stuart Anderson
BARBARINA – soprano, ANTONIO’s daughter in love with CHERUBINO. Aaron Hawkins
ANTONIO – bass, gardener in the COUNT’s gardens, Barbarina’s father, Susanna’s uncle. Neville Peat
Chorus of Peasants. The remaining councillors.

Plot: Three years previously, in the events of The Barber of Seville, Figaro (Lee V) helped the younger Count Almaviva (Dave C) win Rosina (Kate W) away from her cunning old guardian Bartolo, (David BP) and was hired as the Count’s manservant in gratitude. Now tired of his wife, the Count has for some time been looking elsewhere for female company, and his gratitude to Figaro has soured: not least because his eyes have lighted on Figaro’s fiancée, the Countess’ chambermaid, Susanna. Being a young man of the (age of Climate Change), the Count has recently revoked the use of his traditional Mayoral Limo, and is rather regretting it. Bartolo, meanwhile, nurses a grudge against Figaro for his trickery in depriving Bartolo of his ward (and the dowry he hoped to keep by marrying her himself), while his former housekeeper, Marcellina (Hilary C), has her own designs on Figaro….
….we will have to wait until Don Curzio (Prof Stuart Anderson) gets up to speed to untangle this unseemly web of intrigue. What will Kate Wilson do next to divert David Cull from his desires for the fragrant Jinty. How will Chris Staynes teach Kate to sing a different tune and how will he persuade Aaron to change his infatuation.

Lorenzo da Ponte should have chosen Dunedin 2015 for his setting.

‘Twilight’ — Page’s Song, in Marriage of Figaro. Mozart.
[library.duke.edu]

—

### ODT Online Wed, 25 Feb 2015
Threat to boycott hearing on conduct
By Chris Morris
Dunedin city councillor Lee Vandervis has threatened to boycott a conduct committee hearing called to hear complaints about his behaviour. […] Cr Vandervis labelled the decision “a farce” and later responded by forwarding to the What If? Dunedin website for publication an email he sent to Mr Cull, councillors and Dunedin City Council staff on Sunday.
Read more

Related Post and Comments:
23.2.15 Lee Vandervis on DCC Code of Conduct process #emails #naturaljustice

█ For more, enter the terms *vandervis* or *cull* in the search box at right.

—

Posted by Elizabeth Kerr

Lee Vandervis on DCC Code of Conduct process #emails #naturaljustice

Two emails this evening.

I

Received from Lee Vandervis
Mon, 23 Feb 2015 at 6:15 p.m.

█ Message: I am forwarding this email to you so that my view of the on-going Code of Conduct process can be made clear, something I can not hope for from the ODT.

—— Forwarded Message
From: Lee Vandervis
Date: Sun, 22 Feb 2015 11:36:37 +1300
To: Mayor Cull, Stuart Anderson [University of Otago], Andrew Noone, Andrew Whiley, Chris Staynes, Doug Hall, Hilary Calvert, John Bezett, Jinty MacTavish, Kate Wilson, Lee Vandervis, Mayor Cull, Mike Lord, Neville Peat, Richard Thomson, David Benson-Pope, Aaron Hawkins
Cc: Sue Bidrose, Sandy Graham, Pam Jordan
Conversation: Complaint to Mayor Cull and potential Code of Conduct Committee members
Subject: Complaint to Mayor Cull and potential Code of Conduct Committee members

Dear Mayor Cull,

By failing to respond to your required justifications under standing orders J1 Accountability [accountable for their actions] and Openness [be prepared to justify their actions] as well as the overarching principle of Natural Justice, you are prejudicing this Code of Conduct process.
If you will not justify your decisions to accept certain code of Conduct complaints with reasons, and your deputy will not justify or give his reasons for rejecting my initial conforming Code of Conduct complaint against you, my legal advice is that it leaves open the question that you can not justify your Code of Conduct decisions and that consequently there are no reasons available for an investigation on which to mount a defence.

The facts are that you have falsely claimed the authority to chose the membership of a Code of Conduct Committee against me, [and that you are again attempting the same under another guise] and you have decided to accept a Code of Conduct complaint that is agreed did not conform, and you now accept another non-conforming similar complaint ex Cr. Wilson and you refuse to give the required reasons for accepting specific claimed complaints.
All this contributes to a process so prejudiced by you that any consequential decision can not be valid.
Cr. Wilson’s second Code of Conduct complaint against me does again not conform under J4.1 for exactly the same reason you have recognised in the first Staynes/Thomson attempt – that it is devoid of any evidence, record, or taking down of words used as required under Standing Orders for a conforming complaint. As with the Staynes/Thomson complaint, it merely offers a damning tone judgement without providing any evidence. The documentary ‘evidence’ presented in only part of the Staynes/Thomson revisited complaint has been tampered with and the untampered evidence actually confirms my objected-to claim.

It is not clear as you claim that I was at any time happy for you to chose members of the Conduct Committee. The complete opposite should be clear to you especially when I wrote as below;
“at what date did you discover that you are not in fact empowered to appoint the Code of Conduct Committee, as detailed in Standing Orders and in the Structures and Delegations manual?
Having discovered this over-reach of your authority, what steps did you then take to remedy imposing your choice of members for the Code of Conduct Committee?”

I still await your answers to these process questions.

On the subject of Committee membership, I can not agree to be any part of any Code of Conduct process that includes Cr Benson-Pope as a Code of Conduct Committee member. Any conduct decision from Cr Benson-Pope would be tainted by his extraordinary long and public history of personal conduct issues [some of which I can list if required]. Any other Councillor of long experience would be preferable, and in Cr Benson-Pope’s case necessary. Never mind his personal antipathy toward me that almost rivals yours.

I also object to item 24 being Confidential and in the non-public part of the agenda. There is nothing in the report apart perhaps from the unnecessary naming of the position of Chair of Audit and Risk Committee that can warrant going against the default spelled out in J4.1 of Standing Orders that “Council will consider the [Code of Conduct] report in open meeting of the Council…” . Additionally, making it Confidential and non-public gives the false impression that as I am the publicly advertised target of the complaints I have something to hide.

In short, for item 24 proposed for Monday’s Council meeting to proceed;
1 – you should redact the unnecessary naming of the position of Chair of Audit and Risk and must move the report into the public part of the meeting.
2 – your recommendation of Cr. Benson-Pope for Code of Conduct Committee membership needs to change to a viable Council member. Preferably you should sit back from making any recommendations yourself.
3 – you need to give reasons for your acceptance of both Code of Conduct complaints for forwarding to the Code of Conduct Committee, and you need to recognise your past failures in appropriately assessing complaints.
4 – written ‘eye-witness account evidence’ that you infer as existing must accompany the original Code of Conduct complaints [as mine does in my complaint of you] and not come later in order for you to even consider it for forwarding for an investigation.

Until these appropriate process requirements are met, I can not recognise the item 24 process you propose for Monday’s non public agenda.

My legal advice is that if these matters are not rectified the purported hearing becomes a nonsense and any subsequent decision will certainly not be enforceable.

Currently my advice is also that if these matters are not rectified I should not attend any Code of Conduct hearing and I should ignore any consequential purported decisions.

Regards,
Cr. Lee Vandervis

On 18/02/15 11:01 PM, “Dave Cull” wrote:

Hi Lee,
I am running the process of Code of Conduct complaints as per Standing Orders but taking no other role. It appears that I initially mistated how the Conduct Committee would be appointed. The Council will now do that. However it is clear from your email below that you were happy for me to choose the members of the Conduct Committee.
I will not be responding further to your pseudo legal questions so as not to prejudice the process.

Dave

From: Lee Vandervis
Sent: Wednesday, February 18, 2015 10:09 PM
To: Dave Cull; Andrew Noone; Andrew Whiley; Chris Staynes; Doug Hall; Hilary Calvert; John Bezett; Jinty MacTavish; Kate Wilson; Lee Vandervis; Mayor Cull; Mike Lord; Neville Peat; Richard Thomson; David Benson-Pope; Aaron Hawkins; Sue Bidrose
Cc: Pam Jordan
Subject: Re: Code of Conduct complaints

Dear Mayor Cull,

Thank you for advising me that you are satisfied “that there are reasonable grounds for believing that a provision of the Code has been breached” as below.
My advice is that you are required to detail what these ‘reasonable grounds’ are under Standing Orders J1 Accountability [accountable for their actions] and Openness [be prepared to justify their actions] as well as the overarching principle of Natural Justice.
I am particularly interested in your reasons, given that you were also satisfied with the initial Staynes/Thomson complaint which is now accepted as being deficient and non-conforming under Standing Orders.

Regarding you verbal claim to me that you are personally authorised to choose the membership of the Code of Conduct Committee against me, and your written claim as below;

“From: Dave Cull
Date: Tue, 13 Jan 2015 03:54:35 +0000
To: Lee Vandervis
Cc: Sandy Graham
Subject: Code of conduct panel

Dear Cr Vandervis,

Following our correspondence re the appointment of a panel to hear the Code of Conduct complaint against you, I have appointed three people as per Standing Orders requirements.”

at what date did you discover that you are not in fact empowered to appoint the Code of Conduct Committee, as detailed in Standing Orders and in the Structures and Delegations manual?

Having discovered this over-reach of your authority, what steps did you then take to remedy imposing your choice of members for the Code of Conduct Committee?

Looking forward to your open clarifying responses.
Cr. Lee Vandervis

On 11/02/15 12:28 PM, “Dave Cull” wrote:

Dear Cr Vandervis,
I understand you have been informed that two Code of Conduct Complaints have been made against you by Crs Staynes and Thomson and Cr Wilson respectively. In both cases I am satisfied that there are reasonable grounds for believing that a provision of the Code has been breached. Accordingly I will refer both matters to the Conduct Committee for investigation. I will report the matter to the next ordinary meeting of Council on 23rd February and ask Council to appoint the Conduct Committee members.

Dave

Dave Cull
Mayor of Dunedin

—— End of Forwarded Message

[ends]

II

Received from Lee Vandervis
Mon, 23 Feb 2015 at 6:17 p.m.

—— Forwarded Message
From: Lee Vandervis
Date: Mon, 23 Feb 2015 18:00:05 +1300
To: Chris Morris [ODT]
Conversation: Mayoral statement – Conduct Committee
Subject: Re: Mayoral statement – Conduct Committee

Hi Chris,

Today Mayor Cull’s second attempt to stack a Code of Conduct Committee against me was successful after his first attempt was shown loudly to be an overreaching abuse of his authority. The acceptance of non-conforming complaints against me without reasons given by Mayor Cull on the back of the refusal, again without his reasons given, of the Deputy Mayor to accept my initial conforming complaint against the Mayor makes the current process a farce. The Mayor may want to try and justify his actions to you but has refused to give the required reasons to me.

Cheers,
Lee

On 23/02/15 5:16 PM, “Chris Morris” [ODT] wrote:

——– Original Message ——–
Subject: Mayoral statement – Conduct Committee
Date: Mon, 23 Feb 2015 04:05:04 +0000
From: Andrea Jones [DCC]
To: undisclosed-recipients:;

Hi everyone

Mayoral statement attached.

Regards

Andrea Jones
Communications Team Leader, Council Communications and Marketing
Dunedin City Council

—— End of Forwarded Message

[ends]

█ For more, enter the terms *vandervis*, *cull*, *bidrose*, *citifleet* or *deloitte* in the search box at right.

—

Posted by Elizabeth Kerr

Employment matters —the BAD stuff

For anyone needing help, advice or mediation on employment and work-related matters anywhere in New Zealand . . .

Contact the Ministry of Business, Innovation and Employment (MoBIE) – formerly the Department of Labour.
█ http://www.dol.govt.nz/er/solvingproblems/resolving/mediation.asp

More information on mediation and how to access the service is available at http://www.dol.govt.nz/er/services/mediators/index.asp
or contact the centre on Freephone 0800 20 90 20

You can also contact your union representative, a lawyer or your local Community Law Centre for advice.

█ Don’t hesitate to call Police on 111 if you feel threatened.

—

We note the following news items with some distress and revulsion.

### ODT Online Wed, 1 May 2013
Queenstown driver paid $63,000 after sexual harrassment
By Abby Gillies
A female truck driver working in Queenstown has been awarded more than $63,000 for being sexually harassed, discriminated against because of her gender and unjustifiably dismissed from her job. A decision by the Employment Relations Authority has ordered Rachael Harrington receive $25,000 in compensation and $38,200 from her former employer Cromwell-based Thunderbird One, over her treatment.
The truck driver started work with the company in Queenstown, which operates a Mainfreight franchise, in September 2008. However, “her employment was both short and fraught”, and she resigned and filed a personal grievance three months later, said the ERA finding. Her claims of being unjustifiably disadvantaged, discriminated against and sexually harassed were unchallenged by the company, it said.
Read more

—

### ODT Online Thu, 2 May 2013
Sexually harrassed Queenstown driver miscarried
By James Beech
The former Queenstown female truck driver awarded more than $63,000 for being sexually harassed, discriminated against because of her gender and unjustifiably dismissed from her job suspects she miscarried as a result of being told to “manhandle” an 800kg load at work. The Employment Relations Authority ordered that Rachael Lee Harrington receive $38,243 as recompense for wages lost as a result of the dismissal and $25,000 as compensation for humiliation, loss of dignity and injury to feelings from her former employer, Cromwell-based Thunderbird One Ltd. Ms Harrington was “severely bleeding and miscarrying after lifting all the heavy pallets, so it was really super traumatic for her,” counsel Angeline Boniface, of Christchurch, told the Otago Daily Times yesterday. “The worst thing about this entire situation is that here she is bleeding profusely, her father asked for an ambulance to come on site and Mr [Justin] Marshall said, “If you get an ambulance, you’ll be up for disciplinary action,” Mrs Boniface said. “Meanwhile she’s bleeding, she wants to get into the building and other staff members have locked her out and [are] laughing at her. This is awful, just shocking.”
Read more

● Justin Marshall, managing director of Thunderbird One Ltd and Picture Vehicles Ltd, is not the former All Black and broadcaster Justin Marshall.

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Posted by Elizabeth Kerr