Tag Archives: LGNZ

DCC v LGNZ : questions about junkets and 2x dipping

Should Dunedin ratepayers and residents be worried about lack of performance at home.

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Message received.
Sat, 5 Aug 2017 at 8:04 p.m.

[begins]
Ratepayers of Dunedin must have mixed feelings now that their Mayor has been elected to the position of President of Local Government New Zealand. Mixed, as some estimates of the time necessary to undertake this onerous role seem to indicate about 3 days a week. Representing more than 70 local authorities certainly would seem to take that time at least, and much of that time will be out of Dunedin in lobbying central government. Some of the ratepayers may think that it might not be a bad thing to have the Mayor paying attention to matters out of Dunedin, but some may be thinking that he should be in Dunedin as much as possible to undertake what has been, and should be, a full-time role.  It’s not that there aren’t pressing matters to deal with. The crumbled Aurora network and the resultant huge borrowing by the DCC company to bring the network up to an acceptable standard, the sad state of much of the infrastructure which now includes the Taieri Plain, the problems of not having dividend payments from DCHL, the prospect of another ratepayer funded swimming pool at Mosgiel when the private funding dissipates, the issue of the hospital – the list goes on and on and on.

Many mayors of much smaller local governments view their role as a full-time one and some may even wonder if the previous President of Local Government, Lawrence Yule, had been paying a bit more attention to local matters then the horrific situation whereby his local ratepayers were supplied with dangerous drinking water could have been avoided. Who knows, but we do know that Mr Yule not only had the Presidency of Local Government in his mind, but he was also eyeing up ending up in central government as the local National Party member.

All those things aside some practical questions arise.

If the Mayor is now also working as a President of LGNZ for say, 3 days a week, does his remuneration as Mayor of the DCC get reduced on a pro-rata basis? Does the position of President of LGNZ also attract an honorarium?  If so, should a pro rata proportion of that be paid to the DCC to offset the lack of availability of the Mayor to attend to his DCC duties? Or does the Mayor simply add any honorarium of the LGNZ role to his income as Mayor? And what of the role of the Deputy Mayor of the DCC? Does increased responsibilities to this role because of the absence of the Mayor lead to an increased honorarium?

I do note that the Mayor intends embarking on a national road show/tour to introduce himself to the 70+ local government authorities that he now heads up. Let us hope that this showcasing of the Mayor’s profile is done at a time when it is convenient and appropriate to those that are paying his wages. And I wonder what advice and guidance he will be giving to Mayor Dalziel now that the pro-rugby lobby is winding up to provide a covered stadium in Christchurch? What interesting times we live in.

[ends]

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The Dunedin City Council Annual Plan 2017/18 indicates the Council will borrow an extra $100M during the next LTP period; this debt borrowing is fully separate to the Aurora Energy debt borrowing – and is not at all explained to the Ratepayers.

It was Cr Lee Vandervis who highlighted this massive extra borrowing at the full council meeting on 27 June 2017, when the council signed off (item 20) the 2017/18 Annual Plan. This query received No credible response from the mayor and councillors; or examination by the ODT reporter present.

Posted by Elizabeth Kerr

This post is offered in the public interest.

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Filed under DCC, Democracy, Dunedin, Economics, Geography, Hot air, LGNZ, Name, New Zealand, OAG, Ombudsman, Politics, Public interest, Travesty, What stadium

Cats —or, Infrastructure spending, Council debt, and Disenfranchisement of Ratepayers

Council cat squad checking rego fees [supplied]

After the great floods, the common affliction amongst leaders, “water on the brain”.

█ The ‘thinking’ – DCC cat control remit for LGNZ AGM

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At Twitter:

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“There may be issues with cats but they also serve a useful purpose in controlling pests. The cat population doubled to two at my place last year, and we have more tui and bellbirds around than ever, as well as visits by kereru and eastern rosellas and fantails and waxeyes. The cats occasionally catch a bird but most often it is a sparrow or a thrush. But it looks like the Dunedin council and some others are keen on requiring the herding of cats. They kept as quiet as they could on cats during the local body elections, and now mid term they try to foist it on the public. Devious.” –Pete George at YourNZ

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Councils will now lobby the government to finish its National Cat Management strategy.

### radionz.co.nz 6:05 pm on 25 July 2017
RNZ News
Councils seek greater powers to control cats
By Michael Cropp – Wellington Local Government Reporter
The country’s councils are calling on the government to give them extra powers to protect wildlife from cats including microchipping, de-sexing and registration. Local bodies have the power to control dogs and their behaviour, but they only have jurisdiction over cats when they become a health risk. While the remit presented by Dunedin City Council at the meeting acknowledged the companion role of animals, it noted cats are a danger to wildlife. […] The controversial remit scraped through with just 51 percent of the vote at the Local Government New Zealand annual general meeting.
….Auckland mayor Phil Goff said his council abstained from the vote because it was not sure what it would mean for the 500,000 cats in the country’s largest city. “We are in favour of practical measures to protect native birdlife …. We’re not in favour of bureaucratic measures that might involve millions of dollars of council time and energy but doesn’t achieve the objectives that we set out to achieve,” Mr Goff said.
Read more

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More about ‘LGNZ The Blight’:

Local Government New Zealand – Media Release
Local government to debate four remits and elect new President at AGM
News type: National news | Published: 21 July 2017
The local government sector will voted on four issues when it gathers for its annual AGM in Auckland on Tuesday 25 July. There is a focus on litter legislation, local government funding, cat management and health in this year’s remits. The AGM follows this year’s LGNZ Conference, when over 600 delegates from local government and its stakeholders, industry and community will gather in Auckland for the two day event [23-25 July]. The theme of this year’s conference is Creating pathways to 2050: Liveable spaces and loveable places. Remits are voted on in a secret ballot and if passed will become official policy and be actioned by Local Government New Zealand. Local government will also be voting for a new LGNZ President to replace Lawrence Yule, who steps down after nine years in the role.
….National legislation to manage cats
The third remit was proposed by Dunedin City Council and asks that LGNZ lobby the Government to take legislative action as a matter of urgency to develop national legislation includes provision for cost recovery for cat management.
Throughout New Zealand councils are tasked with trying to promote responsible cat ownership and reduce their environmental impact on wildlife, including native birds and geckos.  Yet, territorial authority’s powers for cats are for minimising the impact on people’s health and wellbeing, and regional councils’ powers are restricted to destruction of feral cats as pests.  The remit seeks the protection of our wildlife and native species by seeking regulatory powers for cat control, including cat identification, cat de-sexing and responsible cat ownership.
….The LGNZ AGM is open to members only. Following the meeting, LGNZ will advise of the outcomes of all votes.
Read more

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Cat rangers and collars with bells on are some of the ideas Dunedin City Council wants to lobby Government for.

### Stuff.co.nz Last updated at 14:28, July 10 2017
Cat control: many Kiwi councils ready to lobby for national rules
By Libby Wilson
Councils around the country are looking to band together to rein in roaming moggies. Dunedin City Council has suggested its colleagues help it push the Government for national rules that could include cat rangers and shutting cats in overnight. Seven other councils around the country have given the idea, and its environmental focus, their backing ahead of a July vote at the Local Government New Zealand annual meeting.
Read more

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‘Vacuum of cat management policy and services in Dunedin’, local submission says.

### nzherald.co.nz 29 Jun, 2017 7:02am
Dunedin council proposes registration of cats in New Zealand
A Dunedin proposal that could result in the registration of cats in New Zealand will be discussed nationally. The proposal from the Dunedin City Council, in consultation with seven other councils, will next month go to a Local Government New Zealand (LGNZ) vote. If it is successful, LGNZ would make it a policy, and begin lobbying the Government to have it made law. The proposal could see the Government called upon to develop legislation for cats similar to the Dog Control Act. It already has the support of the Otago Regional Council, one of 78 councils which will vote on the idea.
Read more

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### ODT Online Wed, 17 May 2017
DCC seeks support for cat control
The Dunedin City Council will seek support from other New Zealand councils to gain greater control of cat management. If additional support from councils was gained, a remit would ask Local Government New Zealand to call upon the Government to give councils statutory power to control cats. The DCC was researching a Wellington City Council bylaw on microchipping cats. However, the current bylaw could not be enforced by non-compliance fees. Cat management would focus on the control of wild cats.
Link

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S T O P ● P R E S S

At Facebook:

Related Posts and Comments:
26.7.17 RNZ Morning Report : Guyon Espiner sticks claws in Cat Cull & Curfews
25.7.17 To borrow from Stevie Smith : ‘the truth is I think he was already stuck’
22.7.17 Regional state of emergency lifted in Otago (incl Dunedin & Waitaki)
21.7.17 Rainy Day reading —The Spinoff : Ministry of Transport fraud case
21.7.17 DCC ORC : Heavy rain warnings preparations #PublicNotice
1.7.17 LGNZ, don’t wish ‘his lordship’ on New Zealand #VoteRachelReese
3.6.17 ODT updates mayoral vehicle serious injury crash information
24.4.17 LGOIMA vehicle (DCC) : Hyundai Santa Fe (2016) written off Jan 2017
10.12.16 Oh christ ! [LGNZ bureaucratic dopefest]
21.7.15 Dunedin to host LGNZ 2016 conference —FFS TIME TO TAKE IT OUT
21.5.15 DCC and LGNZ, total losers
2.2.15 LGNZ run by Mad Rooster Yule, end of story
10.10.14 Cull consorts with losers at LGNZ
26.6.14 LGNZ #blaggardliars

Posted by Elizabeth Kerr

This post is offered in the public interest.

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Filed under Baloney, Business, DCC, Dunedin, Economics, Events, Finance, LGNZ, Media, Name, New Zealand, OAG, Perversion, Pet projects, Politics, Public interest, Travesty, What stadium

LGNZ, don’t wish ‘his lordship’ on New Zealand #VoteRachelReese

[anonymous]

Local Government New Zealand chief executive Malcolm Alexander said there was no job description for the role of president. “It’s a governance role, chief representative and chief media spokesperson for the organisation.”

What has Mr Mayor achieved for South Dunedin following DCC’s mudtank/pump station fiasco – see 3 June 2015 FLOOD and his holus-bolus media pronouncements upon the Community of South Dunedin, their property assets and livelihoods. A brand new ratepayer-owned 2016 Hyundai Santa Fe was written off in a mysteriously “unreported” serious injury crash in the 2016/17 holiday period. His council is costing Dunedin ratepayers $20M+ pa to make the underutilised loss-making rugby stadium “work” (capital debt repayments and operational subsidies, see Intergenerational Debt). Continues major DCC spending spree on ‘nice to haves’ before addressing serious underspend on basic infrastructure (water and waste, roading). Without public explanation or consultation, presides over $100M being added to council group debt, as signaled in DCC’s LTP/Annual Plan 2017/18 projections. No prosecutions taken for the loss of 152+ DCC owned vehicles: Citifleet! Refuses to address council owned Aurora Energy’s programmed neglect of Otago’s power network, under the concerned regulatory eye of NZ Commerce Commission. Cr Vandervis was called a liar in public on three media-recorded occasions. Claims (media outburst) he is responsible for Jim O’Malley’s campaign to save the Dunedin Cadbury Factory. On it goes. —Meet bob the builder.

Nelson Mayor Rachel Reese said in a letter to councils around the country she was nominated by Wellington Mayor Justin Lester and Matamata-Piako Mayor Jan Barnes.

### ODT Online Sat, 1 Jul 2017
Cull seeks LGNZ president role
By David Loughrey
Dunedin Mayor Dave Cull is in the running to become the next president of Local Government New Zealand (LGNZ). Mr Cull’s only competitor for the role is Nelson Mayor Rachel Reese. The news of his bid came in a letter to the Otago Regional Council in which he asked for support. A letter from Ms Reese also appears in the council’s agenda, laying out her ambitions for the role. ORC chairman Stephen Woodhead said this week  he expected the council would give its vote to Mr Cull. LGNZ represents the national interests of councils in New Zealand. The organisation provides its members with advocacy and policy services, business support, advice and training. An LGNZ spokesman said an election would be held at the LGNZ general meeting on July 25, after an annual conference in Auckland, where the two mayors could present their cases.
Read more

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Source: ORC Agenda 20 Jun 2017 [screenshots – click to enlarge]

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A pre-trial hearing for the defamation case brought by Cr Lee Vandervis against Mayor Dave Cull was held in June. This involved setting of indemnity costs (a not insignificant sum) before the case may proceed to a judge-alone trial. Not a jury trial.

What does this mean?
In a trial by judge-alone, the judge takes on the role of “fact-finder” (determining admissibility of evidence pre-trial). All the evidence is presented to the sitting judge and he or she is responsible for determining the facts and delivering the verdict. In a judge-alone trial the court is required to give reasons for its decision.

In a jury trial, the jury is the fact-finder – that is, the jury is responsible for determining the relevant facts of the case and applying the law to reach a verdict of guilty or not guilty. The jury may be discharged from giving a verdict if it cannot agree. The role of the judge is to oversee and control the conduct of the trial in a general way. A jury is not required to and does not give reasons for its verdict.

Indemnity costs, at the discretion of the Court, are a complete reimbursement of all legal costs incurred. In general civil proceedings, indemnity costs are reserved for cases where a party has acted frivolously or improperly in the conduct of the proceedings….a very high threshold only satisfied in truly exceptional cases. [Sometimes the contract between the litigating parties over which they are arguing, will itself provide for indemnity costs.]

In hushed local terms, the ‘costs’ has meant some unrest between backers and their ‘party’.

Posted by Elizabeth Kerr

This post is offered in the public interest.

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Filed under Aurora Energy, Business, Commerce Commission, DCC, Delta, Democracy, Dunedin, Economics, Electricity, Finance, Geography, Hot air, LGNZ, LTP/AP, Media, New Zealand, OAG, Ombudsman, People, Pet projects, Politics, Public interest, South Dunedin, Travesty, What stadium

DCC electoral ‘donations and expenses’

Dave Cull: It was his third term as mayor, he had strong opposition, a campaign was developed with Firebrand in Dunedin and “that’s what it cost”.

[correction to Green Party assistance]
### ODT Online Sat, 10 Dec 2016
$0 to $50,000 to be elected
By David Loughrey
Big spending did not necessarily pay off in Dunedin’s October local government elections. While the two biggest spenders, Mayor Dave Cull and deputy mayor Cr Chris Staynes, made it back to the council table with spending of more than $50,321 and $42,677 respectively, Ronald Fung spent $25,234 on an unsuccessful bid, as did Barry Timmings with spending of $20,923. Election donations also made an appearance this year from beyond Dunedin. […] Green candidates Crs Aaron Hawkins and Marie Laufiso, both of who gained council seats, received $4468 each from the Green Party. At the other end of the spending scale successful candidate Cr Jim O’Malley spent nothing.
Read more

DCC Website:
Return of Electoral Donations and Expenses Form – 2016 DCC [template]
Dunedin City Council Final Results
Elected Members’ Register of Interests

█ Awaiting official publication of ‘2016 Electoral Donations and Expenses’.

Marketing agency Firebrand has previously provided pro bono services to Greater Dunedin. The company also does work for various council departments and CCOs. Owing to certain conditions not all of this work has been competitively tendered. Firebrand is owned by Rebecca and Paul Twemlow.

DCC Official Information:

Firebrand LGOIMA 268652 Attachment 1 (PDF, 3.8 MB)
Request from Hilary Calvert 23/09/2016
Firebrand LFOIMA 268652 Attachment 2 (PDF, 998.0 KB)
Request from Hilary Calvert 23/09/2016

Firebrand Job Details LGOIMA 259441 (PDF, 141.8 KB)
Request from Hilary Calvert 4/08/2016
Firebrand Job Details LGOIMA 259441 Attachment 1 (PDF, 35.6 KB)
Request from Hilary Calvert 4/08/2016
Firebrand Job Details LGOIMA 259441 Attachment 2 (PDF, 845.5 KB)
Request from Hilary Calvert 4/08/2016
Firebrand Job Details LGOIMA 259441 Attachment 3 (PDF, 65.8 KB)
Request from Hilary Calvert 4/08/2016
Firebrand Job Details LGOIMA 259441 Attachment 4 (PDF, 73.0 KB)
Request from Hilary Calvert 4/08/2016
Firebrand Job Details LGOIMA 259441 Attachment 5 (PDF, 673.0 KB)
Request from Hilary Calvert 4/08/2016

Related Posts and Comments:
23.9.16 DCC responses to LGOIMA requests
20.9.16 Site Notice : Post removal
28.8.16 Cull’s city council is Not democracy : VOTE CULL OUT

Posted by Elizabeth Kerr

This post is offered in the public interest.

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Filed under Business, DCC, Democracy, Dunedin, Economics, Finance, Media, Name, People, Politics, Project management, Property, Public interest, What stadium

Labour messing with South Dunedin, like Cull, unbidden

Not Listening [octavehighereast.com]Not Listening [octavehighereast.com]

There is little or no RISING GROUNDWATER at South Dunedin – this is an attack on the local community by Anthropogenic Global Warming (manmade climate change) believers like Curran, Clark, and Cull.

So-called ‘authorities’ are running their Politics over the top of the local Community, Failing to canvass the views of the local residents, property owners, service providers and businesses through agreed consultation methods Before pronouncing upon the area. This is disrespectful, dangerous behaviour. Unwarranted.

A lot of us will remember Labour MP David Clark’s importune speech on climate change at the public meeting held at South Dunedin on 20 June. He completely didn’t register the mood and understandings of the local audience.

Greenie Cull and the Labour Party are deliberately or inadvertently using South Dunedin as a Political Football. There are few votes to be earned from bullying and interference, thank god.

Listening —what is that.

Speaking after the tour, Mr Little said the area was a “prime candidate” for urban renewal under the party’s proposed Affordable Housing Authority.

### ODT Online Tue, 26 Jul 2016
Labour timeline for South renewal
By Timothy Brown
South Dunedin’s renewal will be showing “good progress” within six years of electing a Labour government, party leader Andrew Little says. Mr Little toured South Dunedin with Dunedin Mayor Dave Cull, Dunedin South MP Clare Curran, Dunedin North MP Dr David Clark and list MP David Parker after the area was earmarked by the Opposition as one urgently needing urban renewal. The group walked from Bathgate Park School, in Macandrew Rd, down Loyalty St into Nicholson St and on to Nelson St before returning to the school. They were accompanied by members of various social groups from South Dunedin.
Read more

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### Dunedintv.co.nz Mon, 25 July 2016
Labour leader tours South Dunedin
Labour Leader Andrew Little has visited South Dunedin today, alongside a contingent of MPs and social service agency stakeholders. The group wandered around the areas hardest hit by last year’s floods, looking at the handful of houses still empty more than a year on. And Little took the opportunity to offer up his party’s plan to fix some of the issues.
Ch39 Link

Channel 39 Published on Jul 24, 2016
Labour leader tours South Dunedin

DUNEDIN – JUNKET CITY FOR LGNZ
“How do we Efficiently capture NZ Ratepayers’ Money for our Comfy Salaries”

### Dunedintv.co.nz Mon, 25 July 2016
Local government conference kicks off
The country’s annual Local Government conference is back in Dunedin for the first time in almost a decade. More than 560 delegates have piled into the Town Hall to discuss how to make New Zealand a better place to live and work. But it’s also serving as a way to address the tension between local and central governments.
Ch39 Video

LAWRENCE YULE GO HOME

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

Posted by Elizabeth Kerr

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

Listening ear-hand [mrhudyma.com]Larry King - Listen [via linkedin.com]

*Images: mrhudyma.com – Listening | linkedin.com – Larry King, Listen

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Screening tonight: Paradigm Episode 2! Local Government Corruption in NZ #Sky #YouTube

Updated post
Tue, 15 Sep 2015 at 1:25 a.m.

███ A “MUST” WATCH
Vincent Eastwood Published on Sep 14, 2015
Local Governance & Corruption, Paradigm Episode 2 Vinny Eastwood
Episode 2 of PARADIGM broadcasted on Face TV Sky Channel 083 on September 14th 2015 at 9pm NZT

TOPIC: Local Governance & Corruption
GUESTS: Bruce Rogan from the Mangawhai Residents and Ratepayers Association with activist and Mayoral candidate Penny Bright.
● How privatisation and secretive powerful roundtable groups (comprised mostly of large companies) have led to the rise of unelected, unaccountable officials.
● The utter refusal of EVERY SINGLE AUTHORITY in New Zealand to investigate corruption.
The police, the judiciary, the ombudsman, the minister for local government, the auditor general, political parties, the list goes on, every authority whose job is to investigate, prevent or punish corruption actually supports it!
● Why local citizens have no rights and why local government has no rules.

FACE FACT KIWIS
Believing NZ is corruption free was the very mechanism by which criminals took control of our country. The only reason NZ is #2 on Transparency International’s “perceived” least corrupt countries in the world list, is we’re the 2nd best in the world at concealing our corruption.

Vincent Eastwood Published on Sep 12, 2015
Paradigm Episode 2 coming soon! Local Government Corruption
PLEASE SHARE THIS!
Help me get as many people as possible to watch the show tomorrow night!
9pm NZT

Received. [names deleted]
Mon, 14 Sep 2015 at 4:00 p.m.

Re: DOCO ON CORRUPTION, AND MEMBERSHIP RENEWAL.

Tonight (14 September, 9:00pm) on Sky channel 83 there will be an episode of Paradigm which will feature the Kaipara Scam. Paradigm is a program that is the brainchild of a guy called Vinny Eastwood, and it is not an exaggeration to say that Vinny has picked up the ball that John Campbell (or rather Channel 3) dropped. Promo for the programme is at https://www.facebook.com/vincenteastwood/videos/10153220793607879/
Vinny has a deceptively casual and disarming manner that belies a very serious commitment to exposing corruption and fraud (he calls it scumbaggery).
As an MRRA member you will already be aware of the degree of scumbaggery besetting Kaipara, but it is highly unlikely that your friends and relations will grasp the scale of what is happening in New Zealand. Please do yourself a favour and send this email to everyone in your circle, especially your adult children, who are going to be wealth-stripped by the corporates that are taking over. Add your personal plea that they take a few minutes away from Coronation Street and watch something that might actually affect their lives.
Our financial year ends on 31 October. We want everyone to renew their membership please and we want new members from all over the country (world!) as we mount the final campaign to get justice for the country’s ratepayers. Please renew – don’t just leave it to the other guys to carry all the water. What other association can you think of that supplies over forty free informative newsletters per year?!, and has an executive team that is prepared to go to jail to defend your rights! (informative might be stretching it, but beauty is always in the eye of the beholder, going to jail is still a real possibility!).
The annual sub is still only $15.00 per family, or $10.00 single, and we have put no limit on donations, because we do not want to discourage that philanthropic person out there with $100,000 they have no further use for.
The account number is 38 9012 0318164 00 or cheques to MRRA at Box 225 Mangawhai 0540. Make sure please to include your membership number […], and if you are a new member please provide a name and phone number so we can call you and get all the details.

Kind regards,
MRRA Executive Committee.
[Mangawhai Residents and Ratepayers Association]

█ More at Kaipara Concerns (online news):

LOCAL GOVERNMENT CORRUPTION SCAM 14.09.2015
Tonight, Monday night (14 September 2015), 9pm on Face (access) TV. Sky network channel 83.

NZ’s MASSIVE Local Government Corruption Scam, Paradigm Episode 2

Bruce Rogan (Mangawhai Ratepayers) and Penny Bright interviewed by Vinny Eastwood on council corruption in New Zealand.

See the promo video here. #Facebook

See Bruce Rogan’s rates revolt speech here. #YouTube

Related Posts and Comments:
28.8.15 Joel Cayford: ‘Mangawhai Ratepayers at Court of Appeal’
2.2.15 LGNZ run by Mad Rooster Yule, end of story
27.11.14 Auditor-general Lyn Provost #Resign
31.10.14 Whaleoil on “dodgy ratbag local body politicians” —just like ours at DCC
9.9.14 Mangawhai, Kaipara: Latest news + Winston Peter’s speech
19.7.14 Whaleoil / Cameron Slater on ratepayers’ lament
12.6.14 Fairfax Media [not ODT] initiative on Local Bodies
29.5.14 Mangawhai Ratepayers and Residents Assn wins at High Court
11.4.14 Councils: Unaccountable, ready to tax? #DCC #ORC
31.3.14 Audit services to (paying) local bodies #FAIL ● AuditNZ ● OAG…
29.1.14 Mangawhai, Kaipara —we hear ya!
3.12.13 LGNZ: OAG report on Kaipara
12.11.13 Northland council amalgamation
29.6.13 Audit NZ and OAG clean bill of health —Suspicious!
21.4.13 Councils “in stchook” —finance & policy analyst Larry.N.Mitchell
19.3.12 Local government reform
21.2.12 Kaipara this time

Posted by Elizabeth Kerr

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Filed under Business, Citifleet, Construction, CST, Cycle network, DCC, DCHL, DCTL, Delta, Democracy, DVL, DVML, Economics, Enterprise Dunedin, Events, Geography, LGNZ, Media, Name, New Zealand, NZRU, NZTA, OAG, OCA, Ombudsman, ORFU, Otago Polytechnic, People, Police, Politics, Pools, Project management, Property, SFO, Site, Sport, Stadiums, Town planning, Transportation, University of Otago, Urban design, What stadium

Joel Cayford: ‘Mangawhai Ratepayers at Court of Appeal’

Link received. [Hooray!]
Fri, 28 Aug 2015 at 10:50 a.m.

Joel Cayford (via Twitter)### joelcayford.blogspot.co.nz Thu, 27 August 2015
Mangawhai Ratepayers at Court of Appeal

Joel Cayford [‘Reflections on Auckland Planning’] updates the Court of Appeal hearing (25-26 August) – Mangawhai Ratepayers and Residents Association v Kaipara District Council – in front of Justice Rhys Harrison, Justice Mark Cooper, and Justice Forrest Miller.

Mangawhai Ratepayers and Residents Association (MRRA) is represented by Matthew Palmer QC and barrister Kitt Littlejohn. David Goddard QC represents the council.

Cayford summarises the “causes of action for this hearing – which followed the judicial review heard by Justice Heath (posts here and here)”:

“that the Kaipara District Council (KDC) does not have the power to rate for unlawful purposes. That KDC acted unlawfully in deciding to enter into and expand the Ecocare Wastewater Scheme, and that it could not then enforce rates on ratepayers.

“that the Validation Act did not retrospectively validate ALL matters stemming from those unlawful decisions. It only validated various historic rating defects. Significant matters – including the additional $30,000,000 loan were not dealt with or validated by the Validation Act.

“that the KDC acted inconsistently with the Bill of Rights Act by initiating Validation Legislation which had an effect of undermining MRRA judicial review proceedings – to which they had a right.”

Of critical interest, Cayford says Matthew Palmer, in his closing, “told the Justices, to the effect: “a consequence of adopting the arguments of my learned friend would mean that any Council in New Zealand can breech Local Government Act provisions with impunity, leave ratepayers with the bill, and mean that Long Term Plans all become window-dressing, ratepayer submissions become meaningless. That cannot have been what Parliament intended.””

█ Read Cayford’s excellent post and reader comments here.

LinkedIn: Joel Cayford

Although the Court of Appeal ruling is some way off, fallout might very well illuminate effects of the Dunedin stadium rort, council debt loading and issues of general competency.

Related Posts and Comments:
2.2.15 LGNZ run by Mad Rooster Yule, end of story
27.11.14 Auditor-general Lyn Provost #Resign
31.10.14 Whaleoil on “dodgy ratbag local body politicians” —just like ours at DCC
9.9.14 Mangawhai, Kaipara: Latest news + Winston Peter’s speech
19.7.14 Whaleoil / Cameron Slater on ratepayers’ lament
12.6.14 Fairfax Media [not ODT] initiative on Local Bodies
29.5.14 Mangawhai Ratepayers and Residents Assn wins at High Court
11.4.14 Councils: Unaccountable, ready to tax? #DCC #ORC
31.3.14 Audit services to (paying) local bodies #FAIL ● AuditNZ ● OAG…
29.1.14 Mangawhai, Kaipara —we hear ya!
3.12.13 LGNZ: OAG report on Kaipara
12.11.13 Northland council amalgamation
29.6.13 Audit NZ and OAG clean bill of health —Suspicious!
21.4.13 Councils “in stchook” —finance & policy analyst Larry.N.Mitchell
19.3.12 Local government reform
21.2.12 Kaipara this time

Posted by Elizabeth Kerr

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