### ODT Online Mon, 15 Aug 2016 Two complaints laid against ORC
By Simon Hartley
Complaints against the Otago Regional Council have been laid by Cr Gerry Eckhoff with the Ombudsman and also the Office of the Auditor-general over exclusion of the public from a recent meeting. A decision was publicly released by the regional council late on Friday, from an in-committee, meaning non-public, non-media meeting on Wednesday, which the ORC yesterday defended on the basis the decision could be appealed.
The regional councillors voted in favour of accepting commissioners’ recommendation that a minimum water flow be set for the Lindis River catchment in Central Otago.
Mr Eckhoff released a statement yesterday outlining his complaints, and in an interview said not having the issue aired in public revealed a “grossly inappropriate process”. […] Council staff made the recommendation to hear the Lindis matter in public exclusion after seeking legal advice on matters where a decision by the council is open to an appeal in a court or tribunal, [ORC chief executive Peter Bodeker] said. Read more
Go to PART D – EXCLUSION OF PUBLIC
See Item 14 Recommendations of the Hearing Committee on the Proposed Plan Change 5A (Lindis: Integrated water management) to the Regional Plan: Water for Otago.
In relation to item 14, this resolution is made in reliance of section 48(1)(d) of the Local Government Official Information and Meetings Act 1987.
### 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.
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
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.
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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.
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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.
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### 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?
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### 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.
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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
——————————
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.
LAUGHABLE The costs of regulation outweigh revenue from fees by $9 million a year.
### NZ Herald Online 5:00 AM Monday Mar 9, 2015 Breaches by pokie operators spark fee increase
By Nicholas Jones
Half of all inspections of pubs and clubs with pokie machines identify breaches or non-compliance with the law. Fees paid by pokie operators are to be increased as levels of fraud and other breaches challenge the Government’s ability to police the sector. Internal Affairs Minister Peter Dunne is overseeing consultation on proposals that will increase fees paid by clubs and pubs with gambling machines by 54 per cent.
OPERATION CHESTNUT NEAR COMPLETION
DIA, SFO and the Organised Financial Crime Agency NZ scrutinised $30 million in gaming grants made by trusts including Bluegrass. Bluegrass’ licence was cancelled after the DIA ruled its start-up funding was sourced from three racing clubs, rather than from South Canterbury Finance, as claimed.
The past three years have seen an increase in complex investigations into fraud and illegal activity at clubs and societies with pokies. That, and the declining number of pokie machines, has put severe financial pressure on the Department of Internal Affairs (DIA). Gambling enforcement is funded through fees paid by gambling operators. Read more
“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.
● 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
### ODT Online Thu, 27 Nov 2014
Sport Gambling: Gaming funds sport: Is the trade-off worth it?
By Adrian Seconi
Are sporting bodies turning a blind eye to problem gambling because of the estimated $120 million-$130 million gaming trusts provide each year? Reporter Adrian Seconi asks prominent administrators John Brimble and Richard Kinley their thoughts. It is an ethical minefield, but without the funding the gambling industry provides, many sporting organisations would collapse and sport would be out of reach for some families. Both Sport Otago chief executive John Brimble and Otago Rugby Football Union general manager Richard Kinley want to be very clear about that point. Read more
█ TOMORROW: The TAB has its say.
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“It’s going to be fun. The NZ Racing Board is a $2 billion business that plays a vital role in the New Zealand economy by supporting the racing and sports industries. It is also the owner and operator of the TAB which is an exciting commercial enterprise and iconic New Zealand brand.”–John Allen.
### NZ Herald Online 3:57 PM Wednesday Nov 26, 2014 Mfat chief executive John Allen moves to NZ Racing Board
–Herald Online / BusinessDesk
Foreign Affairs and Trade chief executive John Allen is resigning to take up the role of head of the NZ Racing Board. Mr Allen began as the Mfat head in in July 2009 and headed a controversial restructuring of the government department which was opposed by many staff and saw 49 ambassadors and heads of foreign missions co-sign a letter criticising the plan. […] Mr Allen’s departure was flagged by political newsletter Trans-Tasman, which said he planned to announce next Monday that he is leaving for a top post in the private sector.
This afternoon, the NZ Racing Board confirmed it had appointed Mr Allen as its new CEO. Read more
For more, enter the terms *gambling*, *pokies*, *dia*, *rugby*, *racing* *rorts* *whistleblower*, *fraud*, *white collar crime* in the search box at right.
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.
### tvnz.co.nz Published: 7:34AM Tuesday September 23, 2014 US show mocks NZ over accent and National’s Eminem stoush
Source: ONE News
A British comedian has taken aim at an issue the National Party faced during its political campaign. In a clip posted on YouTube, John Oliver, who hosts the US show The Last Week Tonight, says New Zealand has re-elected Prime Minister John Key on Saturday, “despite a turbulent campaign with a major scandal that engulfed him earlier this week”. He then plays a ONE News clip, in which Wendy Petrie says: “Rap superstar Eminem’s become the latest to take pot shots at our Government.” Read more
█ What today’s ODT editorial doesn’t tell you, story sunk not headlining…..
“We may as well kiss democracy goodbye” –The Standard
By NATWATCH, published at 8:13 am, September 19th, 2014
The words of the title of this post are those of Ombudsman Dame Beverley Wakem …. Yet another typical scandal from the dirtiest government ever seen in NZ. Read more + Comments
Chief Ombudsman Dame Beverley Wakem to launch wide-ranging inquiry after election in respect of OIA practices
### NZ Herald Online 5:30 AM Friday Sep 19, 2014 Ombudsman ‘appalled’ by ex-Customs lawyer’s OIA allegations
By David Fisher
A former Customs lawyer claim that he was told to bury bad news matches similar stories which have sparked a wide-ranging inquiry by Chief Ombudsman Dame Beverley Wakem. She said she was “appalled” by Curtis Gregorash’s claim. “Having said that one of the reasons I am undertaking of selected agencies in respect of their OIA practices is that anecdotally a number of people have told me similar stories,” she said. She said a planned inquiry to be launched after the election could see the Ombudsman’s office using its Commission of Inquiry powers to compel evidence to be given under oath were there signs information was being hidden. “Ministerial offices will be figuring in our inquiry and that is all I will say.” Read more
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Whistleblower Curtis Gregorash said he was subjected to an internal investigation after releasing information about Dotcom sought by the NZ Herald through the Official Information Act. The information released saw Customs staff discuss earning “brownie points” by passing on Dotcom information to the FBI.
### NZ Herald Online 5:30 AM Friday Sep 19, 2014 Ex-Customs lawyer claims he was told to bury info that could embarrass the Government
By David Fisher
A former high-ranking Customs lawyer says he resigned from his job after allegedly being told to bury information that could embarrass the Government. Curtis Gregorash said he was told by senior Customs executives to refuse Official Information Act and Privacy Act requests, which he believed was at the direction of former Customs Minister Maurice Williamson. It comes at a time the Prime Minister’s office is under inquiry over the release of intelligence material through the OIA and accusations that former Justice Minister Judith Collins was manipulating OIA responses for political purposes. [Mr] Gregorash quit his role as Customs’ chief legal counsel in March this year after more than a decade as a government lawyer.
The lawyer turned whistleblower said: “I’ve sat on it for a long time. But the story itself is so awful it needs to be told. I think people really need to see what ministers and some senior executives do.
He had decided to speak because he believed the alleged instruction “was unlawful”, undermined the way the public service was meant to operate and was given for what was ultimately political reasons. “The direction came down (from the minister) through the CEO (Carolyn Tremain) and group manager (of legal services) Peter Taylor to me saying ‘you don’t release anything – I don’t care what the OIA says, I’d rather fight it in the courts’.”
Mr Gregorash said the alleged instruction came during a briefing from Mr Taylor to the legal team in which he referred to Ms Tremain and meeting with Mr Williamson. “I resigned over it. I couldn’t stare my staff in the face and say this is actually serious conduct that’s being presented to you in a lawful way.”
Mr Gregorash said the alleged instruction to withhold information was general – but became specific in relation to “sensitive” issues, including entrepreneur Kim Dotcom, wanted for copyright violation in the United States. “Mr Taylor directed me to withhold all information and pass the same direction on to my team.” Read more
● In the public interest, lengthy citation of articles by David Fisher at New Zealand Herald (APNZ).
Received from Bev Butler
Thursday, 6 March 2014 5:27 p.m.
MESSAGE TO MEDIA WATCHING THIS BLOGSITE
Malcolm Farry has been misinforming media about the CST being subject to the Local Government Official Information and Meetings Act (LGOIMA).
Farry is incorrect when he states that the Carisbrook Stadium Charitable Trust (CST) is not subject to LGOIMA.
Attached are two legal opinions which both state that the CST is subject to the provisions of LGOIMA.
These were released to me by Paul Orders, former CEO of the Dunedin City Council (DCC), after I made a complaint to the Ombudsman.
In July 2008 I was making requests under LGOIMA about the stadium and was informed by the then CEO, Jim Harland, that the CST was not subject to LGOIMA. What Harland failed to tell me was that he had sought two legal opinions both of which state that the CST is subject to LGOIMA.
When I produced Harland’s email to the Ombudsman, the Ombudsman recommended that the Council release these opinions to me. Hence the attached legal opinions. It is not often that legal opinions are released because of legal priviledge but I guess in this case I had proved I was misled. It was part of the deceipt of withholding vital information from the public so that they could push the project through against the will of the community.
They lied from start to finish with this project and filled their pockets along the way –that’s why myself and others will continue to expose what happened. The whole process was so bloody cynical.
Returning to Farry, CST and LGOIMA, it is also clear under the Public Records Act 2005 that the Council is required to maintain full records etc as outlined below:
PUBLIC RECORDS ACT 2005
Requirement to create and maintain records
(1) Every public office and local authority must create and maintain full and accurate records of its affairs, in accordance with normal, prudent business practice, including the records of any matter that is contracted out to an independent contractor.
(2) Every public office must maintain in an accessible form, so as to be able to be used for subsequent reference, all public records that are in its control, until their disposal is authorised by or under this Act or required by or under another Act.
(3) Every local authority must maintain in an accessible form, so as to be able to be used for subsequent reference, all protected records that are in its control, until their disposal is authorised by or under this Act.
————————————————
From: Sandy Graham [DCC] To: Bev Butler CC: Letitia Parry @ombudsmen.parliament.nz Date: Wed, 15 Feb 2012 16:04:50 +1300 Subject: Bev Butler re legal opinions – 14 Feb 2012.pdf – Adobe Acrobat Professional
Dear Bev
Please find attached the information regarding the LGOIMA peer reviews.
Regards
Sandy
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Full download:Bev Butler re legal opinions – 14 Feb 2012 (PDF, 949 KB)
• Cover letter from Paul Orders 14.2.12 (1 page)
• Letter from Anderson Lloyd 18.9.08 (3 pages)
• Letter from Simpson Grierson 25.9.08 (5 pages)
[ends]
For more, enter the terms *cst*, *csct*, *carisbrook*, *stadium*, *farry*, or *harland* in the search box at right.
● 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
On the subjects of RUGBY and POKIE TRUSTS (with respect to evolving evidence of organised white collar crime and serious fraud), we note the very troubling lack of accountability and transparency demonstrated by the top brass of Department of Internal Affairs, Serious Fraud Office, Office of the Auditor-General, Office of the Ombudsmen, and New Zealand Police. And indeed government ministers who, practised in the art of political interference, obfuscation and worse, see themselves as entirely above the law.
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### radionz.co.nz 23 February 2014
Radio New Zealand National
Sunday Morning with Richard Langston http://www.radionz.co.nz/sunday
8:12 Insight: The Public Service – will it survive reforms?
In the last month, the Prime Minister and the Finance Minister have both confirmed that the drive under the “Better Public Services” banner will continue. The programme is one of the government’s four priorities and includes a cap on core administrative positions. The State Services Commission say the key to doing more with less lies in productivity, innovation, and increased agility to provide services. But, as Philippa Tolley has been finding out, others say public servants are now too wary to offer free and frank advice and that their democratic role is being undermined. Audio | Download: Ogg MP3 (27:51)
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“The system needs to be overhauled. New Zealand’s got a lot of serious problems that it’s going to have to face up to in the future and those problems require the best-quality governance that we can possibly have – and the public service is a vital part of that.”
### radionz.co.nz Updated at 9:45 am today
RNZ News ‘Total overhaul’ of state sector sought
The former prime minister Sir Geoffrey Palmer is calling for a royal commission of inquiry into the public sector, saying it needs a complete overhaul. Sir Geoffrey says many departments and ministries do not cooperate with one another and lack the capacity to be effective. He says morale in the public sector is low, and too little attention is given to the appointment of chief executives.
Sir Geoffrey says a royal commission is needed to establish some clear principles for the public service to adhere to. Read more
### stuff.co.nz Last updated 13:38 08/12/2013 Serious Fraud Office faces cutback
By Andrea Vance – Sunday Star-Times
A 25 per cent funding cut means the Serious Fraud Office will take on less cases, MPs were told this week. Funding to the agency is forecast to decline by 24.7 per cent from $10.180 million in 2013/14 to $7.670 in 2014/15. Parliament’s law and order select committee heard that the number of complaints received has more than doubled from around 200 to 435. But chief executive Julie Read told MPs the agency will have to prioritise the work it does, taking on two out of six low level cases as a deterrent.
“I think it is fair to say that the way we prioritise cases probably changed at the beginning of the Global Financial Crisis overall…I’ve anticipated that foundation will continue but we may have to adopt some additional tactics depending on the nature of the cases.”
–Julie Read
The committee heard the agency is starting to see more corruption and bribery complaints often at the lower level, than bigger finance company cases. In the year ending June 2013, 30 new investigations were launched. Read more
● 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
All-time classic lines from Dear John, Prime Minister and Minister of Tourism:
### NZ Herald Online 3:21 PM Thursday Dec 5, 2013 Allegations are ‘very, very serious’ – Key
By Dylan Cleaver
Prime Minister John Key said it would be “very, very serious” if match fixing allegations against three former New Zealand cricketers were proved true. “New Zealand is a country that sees itself as a very above-board, honest place both to do business and to play sport so it would be deeply concerning if this was factually correct.” “New Zealanders expect sport to be played fairly and they expect sports men and women to perform – in a way which upholds the ethics of their sport and not to be doing it to make money in an underhand way.”
“It would be a very, very serious issue indeed if it is proved to be correct.” NZH Link
Fairfax go further through Stuff, with McCully (Minister of Foreign Affairs and Minister for Sport and Recreation) doing a great line in used car sales:
### stuff.co.nz Last updated 15:06 05/12/2013 NZC won’t name trio in corruption investigation
By Matt Richens, Stacey Kirk and Fairfax Media
. . . CORRUPTION REPORT
The news comes within a week of the Government releasing a long-awaited report into corruption in New Zealand sport in which it asserted there was little for Kiwi sports fans to be concerned about. Sports Minister Murray McCully revealed few details of the nine-month investigation which was prompted by the scandal in Australia around doping and betting in sport. But McCully promised New Zealand would ramp up its fight against corruption in sport by implementing greater information-sharing among government and sporting bodies to stamp out potential match-fixing, doping and illegal activity. He added that a national match-fixing policy would also be established in 2014. “The report found no evidence of widespread drug use or organised crime in New Zealand sport,” McCully said. “But it would be naive to think New Zealand is insulated from these problems. This is why we are taking pre-emptive steps to safeguard our athletes and clean sporting reputation.”
The report was instigated after the Australia Crime Commission earlier this year linked organised crime and banned substances to several Australian sporting codes including rugby league and Australian Rules football. But Sport New Zealand (SNZ) concluded there was little need for the Government, sporting or law-enforcement agencies to conduct a similar investigation in New Zealand. Stuff Link
Note the assessment and report DO NOT extend to corruption, fraud and organised crime exercised in other ‘ways’ by New Zealand sporting entities to showcase, develop, and finance their activities in the bid to remain ‘solvent’
[by any means, it seems].
█ Enter the term *pokies* in the search box at right to find related posts and comments related to professional rugby, corruption, fraud, whistleblowing, and government departmental/political connections.
● 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
### ODT Online Tue, 15 Oct 2013 ORFU report to stay confidential
By Hamish McNeilly
A confidential report following the financial collapse of the Otago Rugby Football Union is likely to remain confidential.
The Dunedin City Council agreed to write off a debt of more than $400,000 and Dunedin Venues Management Ltd a debt of $80,000 to help the union avoid liquidation in March last year.
The New Zealand Rugby Union, which lent the cash-strapped union $500,000, commissioned a report by Cascade Consulting to look at the union’s involvement with pokie grants.
The report was later supplied to the Department of Internal Affairs, which declined to release the documents on the grounds it ”would be likely to prejudice the supply of similar information”.
”The department does not consider the withholding of the report on ORFU provided by NZRU would diminish public confidence in the department as a responsible regulator of the gambling sector and does not consider that these reasons for withholding the information are outweighed by other considerations which render it desirable, in the public interest, to make the information available.” –DIA
The Otago Daily Times lodged a complaint with the office of the Ombudsman on July 25, 2012, asking for the release of the information.
Chief Ombudsman Dame Beverley Wakem, in a provisional opinion released this week, said the department was entitled to withhold the information. Read more
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For more information at this site, enter terms such as *dia*, *sfo*, *oag*, *orfu*, *martin legge*, *ttcf*, *russell garbutt*, *pokies* or *pokierorts” in the search box at right.
Received from Hype O’Thermia
Monday, 22 April 2013 3:37 a.m.
“In the boardroom, [Ngai Tahu chairman Mark] Solomon favours plain speaking. He tells a story about trying to get his head around the accounting terms used in Ngai Tahu’s financial statements, terms like EVA (economic value added) and WACC (weighted average cost of capital).
To improve understanding of such terms he asked for an explanatory document to be created and issued that with the report to iwi. It worked. Recently at one meeting an 84-year-old woman stood and challenged Solomon, arguing Ngai Tahu’s WACC was 1 per cent too low.”
### stuff.co.nz Last updated 05:00 21/04/2013
Business The wisdom of Solomon
By Rob O’Neill – Sunday Star Times
After 15 years on the board, the chairman of Te Runanga o Ngai Tahu, Sir Mark Solomon, is willing to retire, but he will stay on for the long haul if he can’t find the right successor to lead the tribal council. Solomon, knighted in the 2013 New Year’s honours list for services to Maori and business, said, as with any organisation, there were people who put their own interests first and people who put the collective interest first. In Ngai Tahu terms he calls these “I Tahu” and “We Tahu”. “I’ve always stood in the middle of the ‘we’ camp,” he told an Institute of Directors conference in Auckland last week. “It always seems to me that politics is about ‘I’ versus ‘we’.” Whoever takes on his job will have to also be a “we” person, he said. Read more
Wouldn’t it be great if “Greater Dunedin’s” pre-election commitment to transparency had resulted in something like this, to bust asunder some of the tools used in official obfuscation!
Imagine if such an explanatory document had been distributed to ratepayers instead of Rodney’s puff-mag, and not only given to councillors but read aloud, attendance compulsory, security staff present to monitor for sleepiness and texty-wexing lovey-dove or playing angry birds under the table.
The following article is reproduced here in full, in the public interest.
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### NZ Herald Online 5:30 AM Thursday Mar 21, 2013 Ombudsman to investigate OIA response
By David Fisher
The agency charged with reining in the power of government is to investigate the way public bodies are releasing information as citizens complain of being shut out. The Office of the Ombudsman is to begin its own investigation into the way the public service is responding to the Official Information Act as allegations are made of a “paralysis of democracy”.
The office is struggling to cope with a large increase in complaints from the public who have sought help. Deputy Ombudsman Leo Donnelly has begun writing to those who have complained saying it doesn’t have enough staff to handle the work load.
In response to a complaint from The Herald, Mr Donnelly said the office had 450 complaints it had been unable to assign to investigators because of the volume of work. He said staff were dealing with 2800 complaints.
In contrast, the Ombudsman’s office told a parliamentary select committee it finished the 2011 year with 1359 complaints and the 2012 year with 1746 complaints. Mr Donnelly said this will be a factor in an investigation into the way the act was handled across the public service.
He said the inquiry would aim to discover if the delay was caused by the way public agencies responded to requests.
He said the law stated information should be released unless there was good reason to withhold it.
A recent investigation into the Ministry of Education’s handling of requests to do with Christchurch schools raised questions about the processes used by government agencies to deal with requests.
Constitutional lawyer Mai Chen said the problems raised questions about how well public servants understood a law intended to give balance to the “David and Goliath” inequality between citizen and government. “I am concerned that officials sometimes reflect their ministers. I’m concerned some of the reticence may reflect the priorities that ministers give to compliance with legislation.” She said the government expected citizens to comply with laws and it should do so with the act. “If they don’t mean to do it, they should repeal it.”
Both the Green Party and Labour Party have spokeswomen for open government – with Labour’s Clare Curran, saying it would become a ministerial responsibility when the party was next in office. “There is an emerging crisis with our watchdog agencies,” she said. “It is a paralysis of democracy.” NZH Link
“Justice delayed is justice denied and people are already distressed when they approach the office.” -Beverley Wakem
### ODT Online Thu, 16 Feb 2012 Ombudsman snowed under
The Office of the Ombudsmen is in “crisis”, with a bulging backlog of cases due to lack of investigators and existing staff underpaid and in some cases being worked to death, Ombudsman Beverley Wakem says. Appearing before Parliament’s government administration committee yesterday, Ms Wakem said the office was under “considerable pressure” in terms of staffing and funding and had been for the past three years. Ms Wakem said the office’s baseline funding had been established on the basis it would be actively working on 800 to 1000 cases at any one time. However, actual case numbers had been far higher than that for some time and been close to 2000 at one point last year. It was currently handling about 1854. Read more
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### ODT Online Tue, 21 Feb 2012 Editorial: Watching the watchdog
A disconcerting report on the Ombudsman’s office emerged quietly last week. For those unfamiliar with its tasks and responsibilities, this is the office to which people can turn when they feel they have been wronged or disadvantaged by a government department or any other office or organisation of state. Read more
### ODT Online Mon, 15 Aug 2016
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What if? Dunedin... 