ORFU: Black-tie dinner, theft or fraud?

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• Dave Goosselink — Dunedin face (and voice) for TV3 News & Sports
• Samuel Gilchrist — social media handler for The Highlanders @Highlanders

Retweets by @whatifdunedin and @SearleJamie
• Jamie Searle — Southland Times racing reporter

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Correspondence received.
Wednesday, 19 March 2014 10:58 a.m.

From: Bev Butler
To: Steve Tew [NZRU]; Doug Harvie [ORFU]
CC: Murray Kirkness [ODT]; Steve Hepburn [ODT]; Rebecca Fox [ODT]; Ian Telfer [RNZ]
Subject: Black-tie dinner bill to be paid?
Date: Wed, 19 Mar 2014 10:56:35 +1300

Wednesday 19th March 2014

Dear Steve

The following was posted on a local blogsite “What If Dunedin”.

“The conscience of the ORFU is totally absent. The normal procedure for staging an event such as the black-tie dinner is to budget all costs, set the entrance fees to cover those costs and establish a profit level. That is both normal and straightforward – some I’m sure, would say honest, business practice..

The way the ORFU operated was to set the costs, pay out the organiser – who just happened to be the wife of Laurie Mains – ignore the costs and bank the difference. Can anyone tell me that if this scenario happened with anyone else other than the dear old rugby-mad idiots on the Council involved, would this be tolerated? Not on your nelly. Can anyone tell me why this isn’t either theft or fraud?” *

What especially interests me about this post is the question posed as to whether theft or fraud is involved.
It feels like it to me but I’m not sure whether it would hold up in a court of law.
Maybe it could…maybe it couldn’t.
My limited understanding of the Crimes Act is that the hardest part to prove is intent.
In the case of the black-tie dinner, did the ORFU have any intent on paying the bill?
In my opinion, if they did they would have paid it when they received the money from the guests – because obviously it was the intent of the guests for their money to be paid for their evening out.
What do you think, Steve? I’d appreciate your view on this.

I noticed on twitter, media and rugby officials tweeting about this issue.
Strange how the Highlanders’ social media official, Samuel Gilchrist, refers to me as a ‘warmonger’ because I am asking for some honesty from the ORFU. The problem down here is that there is no decent leadership in rugby and hasn’t been for years.
We have Roger Clark as the current CEO of The Highlanders – he was the CEO of Southland Rugby Union at the time when they
they owed over $100,000 in booze. I fear that nothing much has changed.

I had hoped that with the new ORFU board that some leadership would be shown over the black-tie dinner scandal but, to date, that hasn’t happened. Change needs to come from the top so that people like Samuel Gilchrist understands that it is not okay to run off without paying your bills. He doesn’t seem to be able to figure this out for himself. I guess when things have been bad down here for so long those who can’t think for themselves look to the leaders for guidance which is lacking.

That is why I have turned to you, Steve, to finally show some leadership and right this wrong.

I hope I don’t have to continue to prod any deeper.

Yours sincerely
Bev Butler

Previous letter to Steve Tew deleted, read it here

[ends]

*Link to source

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Related Posts and Comments:
17.3.14 ORFU: Black-tie dinner on ratepayers
14.3.14 ORFU flush to pay creditors

For more, enter the terms *orfu*, *dinner*, *jeremy curragh*, *bailout*, *martin legge*, *dia*, *pokies*, *jokers*, *ttcf*, or *pokie rorts* in the search box at left.

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Posted by Elizabeth Kerr

ORFU flush to pay creditors

When asked whether the union would consider repaying some creditors who lost money when the deal was agreed to save the union from liquidation, Union chairman Doug Harvie said that would not happen.

### ODT Online Fri, 14 Mar 2014
Profit pleases ORFU
By Steve Hepburn
The Otago Rugby Football Union has recorded a $406,800 profit, just over two years after it faced going out of business because of debts of more than $2 million.
The union now has reserves of more than $500,000, and is predicting a small profit for the coming year. […] In March 2012, the union was a few days away from going out of business, with debts of $2.2 million and creditors failing to come to agreement. But a rescue package was nailed down and the union traded its way out of difficulty, albeit with some concessions from creditors.
Read more

****

Correspondence received.

From: Bev Butler
To: Doug Harvie [ORFU]
CC: Steve Hepburn [ODT]
Subject: ORFU board responsible for paying the black tie dinner bill
Date: Fri, 14 Mar 2014 07:31:59 +1300

Friday 14th March 2014

Dear Doug

In today’s ODT the ORFU have reported a profit of $406,859 for the 2013 financial year and a profit of $134,656 for the 2012 financial year. Part of this so called profit is just pocketing of monies from unpaid bills.

As you are fully aware, the ORFU ran up a DVML bill of $25,352 for their black tie fund raiser at the stadium on 5th August 2011. This was for food, booze, soft drinks and cleaning.

Not only did the ORFU run off without paying this bill but the ORFU paid no venue hire for this brand new venue. Then to top it off the ORFU pocketed $52,000 from this fundraising event into their ‘pot’ which then is reported as profit for the 2012 financial year.

The fact that the ORFU then pressurised the Council to ‘write it off’ does not excuse the ORFU from the moral obligation to pay this bill.

I was quoted in the ODT as saying this was ‘obscene’. It is like booking a large restaurant, gorging yourselves on all their food and drink and hospitality then doing a runner.

It is ‘obscene’ and I expect this bill to be paid in full.

Laurie Mains, and his wife, Anne-Marie, refused to answer questions as to whether Anne-Marie was paid for her services in organising this event. I actually have no problem with her charging for her professional services. What I do have a problem with is that it is standard practice for professional event organisers to ensure all outstanding bills are paid before the ‘surplus’ is paid to the organisation. This did not happen. I don’t know whether Anne-Marie was paid $10,000, $12,000 or even more but whatever the amount the issue is that the other bills should have been paid first.

I fully expect this bill to be paid as the ORFU did actually have sufficient funds to pay this bill as evidenced by the reported profit of $134,656 for the 2012 financial year.

I also remind you that the $350 [sic] guests to this black-tie dinner paid $250 per ticket which would have been paid with the understanding that this would cover the costs. When a function such as this is organised, the ticket price is to cover the costs of the meal, venue hire, cleaning etc. Once the bills are paid, then any surplus is genuine ‘profit’ and the organisation then can legally pocket this ‘profit’.

The fact that the ORFU pocketed this money instead of paying their bill is unacceptable.

It is time the ORFU did the decent thing and pay this bill.

Yours sincerely

Bev Butler

——————————

From: Doug Harvie [ORFU]
To: Bev Butler
CC: Steve Hepburn [ODT]
Subject: RE: ORFU board responsible for paying the black tie dinner bill
Date: Thu, 13 Mar 2014 20:16:32 +0000

You have your facts wrong Bev – ALL creditors of ORFU have been satisfied in full, in one way or another.

I will not be responding to any further correspondence on this matter.

D J Harvie
Partner

Harvie Green Wyatt
(P O Box 5740, Dunedin 9016, New Zealand. Phone +64 3 4775005 or +64 21 2234169. Fax +64 3 4775447

——————————

From: Bev Butler
To: Doug Harvie [ORFU]
CC: Steve Hepburn [ODT]
Subject: RE: ORFU board responsible for paying the black tie dinner bill
Date: Fri, 14 Mar 2014 09:43:19 +1300

Dear Doug

Saying that “ALL creditors have been satisfied in full, in one way or another” is not the same as saying that all creditors have been PAID in full.
I know it is uncomfortable for you to be reminded of this but it still does not excuse the ORFU from doing the decent thing and paying their obscene black-tie dinner given they already had the money but decided to pocket it instead.
How about showing some decency or goodwill towards those that bailed you out of your financial mess now that you are flush with $406,859 profit?

Yours sincerely
Bev Butler

[ends]

For more, enter the terms *orfu*, *dinner*, *jeremy curragh*, *bailout*, *martin legge*, *dia*, *pokies*, *jokers*, *ttcf*, or *pokie rorts* in the search box at left.

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Posted by Elizabeth Kerr

Apology requested from ORFU [email]

This after news the mayoral defamation suit has been settled out of court. So far, we know the action has cost ratepayers a minimum of $29,000 – it’s likely to cost all citizens far more, given everything that’s riding on ORFU not being investigated, and the relationship ORFU enjoys with Dunedin City Council and council-owned companies. You have Mayor Dave Cull to thank, in no small way.

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From: bevkiwi@hotmail.com
To: laurie.mains@comlink.co.nz; wgraham.admiral@ljh.co.nz
CC: hamish.mcneilly@odt.co.nz; chris.morris@odt.co.nz; wilma.mc@dscene.co.nz; mike.houlahan@dscene.co.nz; shayes@tv3.co.nz; max.bania@tvnz.co.nz; krissymoreau@mediaworks.co.nz; dgoosselink@mediaworks.co.nz; morningreport@radionz.co.nz; reporters@press.co.nz; david.williams@press.co.nz; news@radionz.co.nz
Subject: Apology requested from ORFU
Date: Sun, 30 Sep 2012 22:29:05 +1300

Sunday 30th November 2012 [sic]

Dear Laurie and Wayne

The black tie dinner DVML bill has still not been paid.
In the Mayor’s apology in yesterday’s ODT, the Mayor says he understands that Laurie and other ORFU Board members contributed personal funds to pay small creditors. The Mayor also says he doesn’t question the honesty or sincerity of either of you in this process.
But, what about the honesty and sincerity of paying your food, booze and cleaning bill for the black tie dinner?
I still expect this bill to be paid along with an apology for late payment.

Yours sincerely
Bev Butler

——————————————————————————–
From: bevkiwi@hotmail.com
To: laurie.mains@comlink.co.nz; wgraham.admiral@ljh.co.nz
Subject: Defamation spoils
Date: Tue, 24 Jul 2012 15:11:40 +1200

Tuesday 24th July 2012

Dear Laurie and Wayne

The black tie dinner DVML bill has still not been paid.
Thought I would email you again and ask Laurie if his wife, Anne Marie, intends paying back the $10,000+ she paid herself before paying all the other bills?
My understanding is that professional event organisers ALWAYS pay ALL the bills before handing over the ‘surplus’. Remember Jeremy Curragh stated that $52,000 went into the ‘pot’ but as we know some of the bills hadn’t been paid. Your mate, Ian Taylor, was obviously annoyed but as he has now quietened down, is it safe to assume he was paid off?

As for the defamation, if you get a nice wee tidy sum out of the ratepayers, what do you intend doing with it?
Will you pay the black tie dinner DVML bill then?
Or build another multi-million dollar house to make yourselves feel like you’ve really, really made it?
Maybe you could explain to me why you are suing Cull ie the city.
What did he say that was untrue? I read his comments and thought they were rather tame compared to what I think of the ORFU. As reported in the ODT I thought it was obscene the ORFU running off after their black tie dinner and not paying their bill for all the booze, food and cleaning. Still think that.

Spare a thought in your quieter moments, sitting in your multi-million dollar houses in Wanaka, for the little old ladies in South Dunedin who can’t afford to heat their homes in winter. Some of them go to bed during the day to keep warm. And you two still only see your glass as half full. Take another look. Your glasses are already bulging. Why do you want to take more money from the city, from the poor who barely have enough to keep themselves warm?

I hear your ‘feelings were hurt’ at the ORFU being referred to as ‘incompetent’.
Is it competent to run off without paying your bills?
Is it competent to put $52,000 in your own ‘pot’ and not pay those bills?
Is it competent to even call it a surplus when all the bills were not paid?
Is it competent to apply for grants from community trusts and then use that money for unauthorised purposes?
Is it competent to set up 3 pokies bars in South Auckland and siphon off the money ($6m) to ORFU?
Is it competent to run a business and spend more than you earn year after year after year?

Thought the following story just might reach your tenderloins if not your loins:

Poor pair give cash find to Brazil police (Link)
10:03 Tue Jul 10 2012AAP

A homeless Brazilian couple have found a garbage bag filled with money and promptly handed it to police.
Officials said the pair were out for a dawn stroll when they found a briefcase and a garbage bag filled with 20,000 reals ($A10,000).

They alerted police.

“When we arrived, the couple gave us the money. It might be the money stolen last week from a Japanese restaurant,” said military police spokesman Bruno dos Santos on Monday.

The pair “had the opportunity to flee with the money … What they did is commendable,” he said.
Jesus Silva Santos, the man who found the money, said he earned about 14 reals a day from collecting rubbish for recycling.

“My mother taught me never to steal,” he said.

[ends]

—

Related Posts:
24.7.12 Sweet nothings [email], yo Laurie and Wayne!
14.6.12 Silence on debt run up at ORFU black-tie dinner
26.5.12 DIA media release
23.5.12 Latest: Oh, Mr Curragh… [emails]
20.5.12 Update: Oh, Mr Curragh… [emails]
18.5.12 Oh, Mr Curragh… [emails]
11.5.12 Dunedin shootout: mafia bosses
2.5.12 Ratepayers pay for ORFU black tie dinner at stadium
1.5.12 ORFU’s draft constitution
29.4.12 Department of Internal Affairs, the gambling authority
22.4.12 DIA, OAG, TTCF and Otago Rugby swim below the line
31.3.12 Rob Hamlin: The ORFU’s small creditors: If I was one of them…
23.3.12 ORFU position
15.3.12 Message To ORFU Creditors, if you want to see your money
9.3.12 DCC considers writing off ORFU’s $400,000 debt
2.3.12 Demand a full independent forensic audit of ORFU

Sweet nothings [email], yo Laurie and Wayne!

Received.

From: bevkiwi@hotmail.com
To: laurie.mains@comlink.co.nz; wgraham.admiral@ljh.co.nz
Subject: Defamation spoils
Date: Tue, 24 Jul 2012 15:11:40 +1200

Tuesday 24th July 2012

Dear Laurie and Wayne

The black tie dinner DVML bill has still not been paid.
Thought I would email you again and ask Laurie if his wife, Annemarie, intends paying back the $10,000+ she paid herself before paying all the other bills?
My understanding is that professional event organisers ALWAYS pay ALL the bills before handing over the ‘surplus’. Remember Jeremy Curragh stated that $52,000 went into the ‘pot’ but as we know some of the bills hadn’t been paid. Your mate, Ian Taylor, was obviously annoyed but as he has now quietened down, is it safe to assume he was paid off?

As for the defamation, if you get a nice wee tidy sum out of the ratepayers, what do you intend doing with it?
Will you pay the black tie dinner DVML bill then?
Or build another multi-million dollar house to make yourselves feel like you’ve really, really made it?
Maybe you could explain to me why you are suing Cull ie the city.
What did he say that was untrue? I read his comments and thought they were rather tame compared to what I think of the ORFU. As reported in the ODT I thought it was obscene the ORFU running off after their black tie dinner and not paying their bill for all the booze, food and cleaning. Still think that.

Spare a thought in your quieter moments, sitting in your multi-million dollar houses in Wanaka, for the little old ladies in South Dunedin who can’t afford to heat their homes in winter. Some of them go to bed during the day to keep warm. And you two still only see your glass as half full. Take another look. Your glasses are already bulging. Why do you want to take more money from the city, from the poor who barely have enough to keep themselves warm?

I hear your ‘feelings were hurt’ at the ORFU being referred to as ‘incompetent’.
Is it competent to run off without paying your bills?
Is it competent to put $52,000 in your own ‘pot’ and not pay those bills?
Is it competent to even call it a surplus when all the bills were not paid?
Is it competent to apply for grants from community trusts and then use that money for unauthorised purposes?
Is it competent to set up 3 pokies bars in South Auckland and siphon off the money ($6m) to ORFU?
Is it competent to run a business and spend more than you earn year after year after year?

Thought the following story just might reach your tenderloins if not your loins:

Poor pair give cash find to Brazil police (Link)
10:03 Tue Jul 10 2012AAP

A homeless Brazilian couple have found a garbage bag filled with money and promptly handed it to police.
Officials said the pair were out for a dawn stroll when they found a briefcase and a garbage bag filled with 20,000 reals ($A10,000).

They alerted police.

“When we arrived, the couple gave us the money. It might be the money stolen last week from a Japanese restaurant,” said military police spokesman Bruno dos Santos on Monday.

The pair “had the opportunity to flee with the money … What they did is commendable,” he said.
Jesus Silva Santos, the man who found the money, said he earned about 14 reals a day from collecting rubbish for recycling.

“My mother taught me never to steal,” he said.

Sincerely

Bev Butler

Ph 4776861

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Posted by Elizabeth Kerr

ORFU board responsibility for black-tie dinner bill [emails]

No response received.

From: bevkiwi@hotmail.com
To: eion.edgar@forbar.co.nz; asread@xtra.co.nz; wgraham.admiral@ljh.co.nz; laurie.mains@comlink.co.nz; dickb@es.co.nz; dave.callon@sharenz.com; j.a.faulks@xtra.co.nz; ayrdene@farmside.co.nz; russell@cassidylaw.co.nz; abrooney@xtra.co.nz; john.hammer@nz.pwc.com
CC: chris.morris@odt.co.nz; murray.kirkness@odt.co.nz
Subject: RE: ORFU board responsibility for payment of black tie dinner bill
Date: Fri, 15 Jun 2012 13:05:16 +1200

Dear Eion, Adrian, Wayne, Laurie, Dick, Dave, John, Willis, Russell, Andrew and John,

You still haven’t paid your bill.
So we have amongst you a combination of a self appointed philanthropist, a lawyer, an accountant, a broker, a farmer, a surgeon and a couple of suers.
Not a good look that those professionals amongst you adhere to such obscene behaviour. Is this how you advise your clients to behave in your respective businesses?
And more importantly is this how you do business?
Is there not one independent thinker amongst you?
Or do you act as one mob when the leader lowers the cone of silence?
I do expect this bill to be paid.

Yours sincerely
Bev Butler

—

Related Posts:
14.6.12 Silence on debt run up at ORFU black-tie dinner
26.5.12 DIA media release
23.5.12 Latest: Oh, Mr Curragh… [emails]
20.5.12 Update: Oh, Mr Curragh… [emails]
18.5.12 Oh, Mr Curragh… [emails]
11.5.12 Dunedin shootout: mafia bosses
2.5.12 Ratepayers pay for ORFU black tie dinner at stadium
1.5.12 ORFU’s draft constitution
29.4.12 Department of Internal Affairs, the gambling authority
22.4.12 DIA, OAG, TTCF and Otago Rugby swim below the line
31.3.12 Rob Hamlin: The ORFU’s small creditors: If I was one of them…
23.3.12 ORFU position
15.3.12 Message To ORFU Creditors, if you want to see your money
9.3.12 DCC considers writing off ORFU’s $400,000 debt
2.3.12 Demand a full independent forensic audit of ORFU

—

Posted by Elizabeth Kerr

Silence on debt run up at ORFU black-tie dinner

No response received.

From: bevkiwi@hotmail.com
To: eion.edgar@forbar.co.nz; asread@xtra.co.nz; wgraham.admiral@ljh.co.nz; laurie.mains@comlink.co.nz; dickb@es.co.nz; dave.callon@sharenz.com; j.a.faulks@xtra.co.nz; ayrdene@farmside.co.nz; russell@cassidylaw.co.nz; abrooney@xtra.co.nz; john.hammer@nz.pwc.com
CC: chris.morris@odt.co.nz; murray.kirkness@odt.co.nz
Subject: ORFU board responsibility for payment of black tie dinner bill
Date: Wed, 6 Jun 2012 10:35:57 +1200

Dear Eion, Adrian, Wayne, Laurie, Dick, Dave, John, Willis, Russell, Andrew and John

As you are all fully aware, the ORFU ran up a DVML bill of $25,352 for your black tie fund raiser at the stadium on 5th August 2011. This was for food, booze, soft drinks and cleaning.

Not only did the ORFU run off without paying this bill but the ORFU paid no venue hire for this brand new venue. Then to top it off the ORFU pocketed $52,000 from this fundraising event into their ‘pot’.

The fact that the ORFU then pressurised the Council to ‘write it off’ does not excuse any of you from the moral obligation to pay this bill.

I was quoted in the ODT as saying this was ‘obscene’. It is like booking a large restaurant, gorging yourselves on all their food and drink and hospitality then doing a runner.

It is ‘obscene’ and I expect this bill to be paid in full.

Eion, I am not asking you to be philanthropic, just support the paying of the bill like any decent person would.

Laurie, I noticed you and your wife, Anne-Marie, refuse to answer questions as to whether Anne-Marie was paid for her services in organising this event. I actually have no problem with her charging for her professional services. What I do have a problem with is that it is standard practice for professional event organisers to ensure all outstanding bills are paid before the ‘surplus’ is paid to the organisation. This did not happen. I don’t know whether Anne-Marie was paid $10,000, $12,000 or even more but whatever the amount the issue is that the other bills should have been paid first.

I fully expect this bill to be paid.

Yours sincerely

Bev Butler

—

Posted by Elizabeth Kerr