Official Information at Dunedin City : Bev Butler maintains pressure

An Email Thread
Bev Butler’s continuing quest for information about the Carisbrook Stadium Charitable Trust (CST) via Dunedin City Council with recourse to the Local Government Official Information and Meetings Act (LGOIMA) —and with assistance of Ombudsman Sir Ron Paterson.

What if? Dunedin has archived the original emails. Minor formatting changes have been entered for the WordPress template; email addresses have been removed or deactivated.

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Received from Bev Butler
Thu, 2 Jun 2016 08:52 a.m.

From: Bev Butler
To: Kristy Rusher; Sue Bidrose; Sandy Graham [DCC]
Subject: RE: LGOIMA responses – Carisbrook Stadium Trust/Progress?
Date: Thu, 2 Jun 2016 08:50:17 +1200

Dear Kristy, Sue and Sandy

It is now nearly six months since I received the response below which indicated that the Carisbrook Stadium Trust (CST) have refused to respond to my LGOIMA request.

Given the CST is subject to LGOIMA under section 2(6) of the Act and given the CST has a statutory obligation to respond to requests for information under their agency contract with the DCC then I believe it is the DCC’s responsibility to hold the CST accountable to the statutory obligations under their contract.

It is not appropriate to refer me to the ombudsman office when it is the DCC’s and CST’s statutory responsibility to obtain that information. I was informed in 2015 by the DCC that they had recovered the documents from the CST after the CST had stored them in an undisclosed storage container – unbeknown to the DCC.

I, therefore, again request the information outlined below and trust I will receive it within the statutory timeframe.

Kind Regards
Bev

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From: Grace Ockwell [DCC]
To: Bev Butler
CC: Kristy Rusher
Subject: RE: LGOIMA responses – Carisbrook Stadium Trust/Progress?
Date: Thu, 17 Dec 2015 23:46:43 +0000

Merry Christmas Bev,

Thank you for your email.

I have approached CST again to ask for the information to LGOIMA requests 3 and 4 below and have received no response.

Therefore, I am declining to provide the information and rely on section 17(e) of LGOIMA as despite reasonable efforts to locate it, the documents cannot be found.

As we have declined to provide you with information you have the right pursuant to section 27 of LGOIMA to have our decision reviewed by the Office of the Ombudsman who may be contacted at:

The Ombudsman
Office of the Ombudsman
PO Box 10 152
WELLINGTON 6143

Ph 0800 802 602
http://www.ombudsman.parliament.nz
info @ombudsman.parliament.nz

Yours sincerely,

Grace Ockwell
Governance Support Officer
Civic and Legal
Dunedin City Council

OIA Review: Bev’s off, thank god! #politicallyblinkered #shakethattreesomemore

Updated post
Sat, 5 Dec 2015 at 1:17 p.m.

LIES and SPIN, Bev

### 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]

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16.12.14 Chief Ombudsman | OIA review
24.10.14 John Key’s Godzone and the OIA
19.9.14 Chief Ombudsman Beverley Wakem to launch post-election inquiry
21.3.13 Public service causing “paralysis of democracy” with OIA requests
26.7.12 ‘The Public’s Right to Know’ – OIA Review
2.12.09 DScene – OIA requests about stadium endless?

█ 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.

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Posted by Elizabeth Kerr

*Image: nbr.co.nz – Beverley Wakem

Chief Ombudsman | OIA review

“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

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14.12.14 DIA regulates what? Not white collar crime, not with govt looking on!
24.10.14 John Key’s Godzone and the OIA
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23.9.14 John Oliver on Eminem vs National #LastWeekTonight
19.9.14 Chief Ombudsman Beverley Wakem to launch post-election inquiry
23.9.14 John Key PM —real or fake? and one email
2.9.14 John Key PM, plus and minus
7.12.13 Corruption in NZ Sport: Where has John Key PM been hiding ???
21.3.13 Public service causing “paralysis of democracy” with OIA requests
26.7.12 ‘The Public’s Right to Know’ – OIA Review
9.2.10 John Key made NZ fall apart #FAIL
2.12.09 DScene – OIA requests about stadium endless?
21.11.09 Stadium: Key’s message to opponents….

█ 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.

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Posted by Elizabeth Kerr

John Oliver on Eminem vs National #LastWeekTonight

█ Watch at YouTube https://www.youtube.com/watch?v=e25YmpQiEEY

Last Week Tonight at Facebook

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### 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

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19.9.14 Chief Ombudsman Beverley Wakem to launch post-election inquiry
17.9.14 John Key PM —real or fake? and one email.
● 16.9.14 Eminem sues National Party
15.9.14 The Moment of Truth

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Posted by Elizabeth Kerr

Chief Ombudsman Beverley Wakem to launch post-election inquiry

█ 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).

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Related Post:
21.3.13 Public service causing “paralysis of democracy” with OIA requests

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Posted by Elizabeth Kerr

‘The Public’s Right to Know’ – OIA Review

Official Information Act (OIA)
“At present, the Ombudsman was in charge of investigating complaints under the Act, but did not have any wider responsibilities. […] An information commissioner could be created, who would perform a similar role to the Privacy Commissioner or Human Rights Commissioner.”

### ODT Online Thu, 26 Jul 2012
Review recommends broader scope for OIA
Source: NZ Herald
The Law Commission has recommended that all publicly funded agencies should be subject to official information requests, including courts, universities and boards of trustees. The commission has made more than 100 recommendations in “The Public’s Right to Know”, a review of the Official Information Act (OIA) which was tabled at Parliament yesterday. Lead commissioner for the report Prof John Burrows said main principles of the 30-year-old Act were sound, but it needed to be upgraded for the digital age.

“We think there’s a case now for saying if a body is receiving public funding and is performing a public function it should be accountable under the OIA.”

The review also recommended re-drafting some of the grounds for withholding information – such as “good government” and “commercial sensitivity” – which were unclear.

The Justice Ministry and Department of Internal Affairs would consider the recommendations, and were expected to act on them within six months.
Read more

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Posted by Elizabeth Kerr

Information received today

The following relates to the use of ratepayer funds by Carisbrook Stadium Charitable Trust (CSCT) to investigate options for Carisbrook (read marketing and project management spend).

Over $67,000 was spent just in the last 3 months of 2007 with one Auckland marketing business. Arrow International project management took $2.6+ million over the same 3 months.

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This is Dunedin City Council’s breakdown of the CST costs in reply to a Local Government Official Information and Meetings Act (LGOIMA) request made by Bev Butler:

Investigation Costs Stadium LGOIMA (PDF, 112 KB)

The council response has been circulated to Councillors, with the addition of comments from Acting Chief Executive Athol Stephens, to give some context for the figures:

“From October 2006 to April 2009 there is nearly $17.4 million of expenditure. All of these costs are included in the total construction costs of the Stadium of $198m.

The pattern of expenditure starts with formation of the CSCT, development of the concept (mostly under Arrow International’s supervision), investigation by Horwath of the financial viability, peer reviews of the same, acquiring the land, marketing of the concept and applying for the district plan change to permit the activity.

From September/October 2008, design development begins in earnest. Design engineering and architectural firms such as Jasmax, HOK, Connell Wagner, Holmes Fire and Safety, SSDM (Sports Surface Design and Management), Rawlinsons, Hawkins and SKM (Sinclair Knight Mertz) and other smaller engineering and architectural firms begin to appear.

In March 2009 the Council decided that the feasibility of the project had been established and signed a constructuion contract with Hawkins Construction Limited on 27 April 2009. The list of expenses attached brings the Council, by and large, to the point where design, cost and operating viability has been established and actual construction can begin. All these costs have been included in in the total cost of the Stadium.

The Trust costs are salaries and wages, communications, advertising, events, commissions, legal services, consultant retainer expenses, marketing, sale campaigns, motor vehicle, travel and communication expenses. These expenses were advanced to CSCT in equal instalments against a council approved budget. Audit New Zealand carried out an audit of the expenditure approval processes.”

Two minute extracts were also provided to Councillors for background:

SC2200115511051716501 (PDF, 23 KB)
SC2200115511051716502 (PDF, 44 KB)

The information is in public domain.
Files and comments supplied by anonymous source.

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Posted by Elizabeth Kerr