DCC responses to LGOIMA requests

Updated post
Sun, 25 Sep 2016 at 8:37 a.m.

Firebrand is a full service web, design and marketing agency.

“We’ve assisted with multiple schemes initiated by the DCC, including Sexy Summer Jobs and Dunedin’s City of Literature. Our work on these projects includes branding and custom website design and development, as well as an ongoing part Pro-Bono Creative Partnership with Sexy Summer Jobs, specifically.” https://firebrand.nz/work/portfolio/article/732

Firebrand has previously offered pro bono services to Greater Dunedin.

****

Offical Information Requests

Subject: LGOIMA Request Ref No. 541487
Date: Mon, 18 Apr 2016 3:34 p.m.
From: Elizabeth Kerr
To: Kristy Rusher [DCC]
Cc: Elizabeth Kerr, Sandy Graham, Sue Bidrose
 
Dear Kristy
 
Re DCC open tendering processes
 
This official request stems from citizen concern or perception that contracts for supply are being awarded without Dunedin City Council (DCC) engaging in open tendering processes. I hope this is not the case but I wish to go beyond hearsay in seeking the following information.
 
The divisions of council or council partnershps for which it is unclear whether open tendering processes are being followed are:

● Economic Development Unit (EDU) – co-ordinating Economic Development Strategy initiatives; positioned within Enterprise Dunedin, the agency responsible for the economic development and marketing of the city. Chris Staynes chairs the DCC Economic Development Committee.

● Grow Dunedin Partnership – Partners: Ngāi Tahu, the Otago Chamber of Commerce, Otago Southland Employers’ Association, Otago Polytechnic, the University of Otago, and the Dunedin City Council. The partnership is chaired by Chris Staynes.

● Digital Community Trust (DCT) – Digital Office Ltd (The Digital Office) : see GigCity Dunedin “The Council has supported the Digital Community Trust to deliver the City’s Digital Strategy”; “A total of $250,000 per year has been included for the GigCity project in 2016/17 and 2017/18 so Dunedin can get maximum benefit from being the first New Zealand city to have a gigabyte internet connection.” DCT is chaired by Chris Staynes. 
 
Firstly, Economic Development Unit (EDU):
1. How many contracts for supply have been awarded Not using an open tendering process in the period from 1 Jan 2015 to 18 March 2016?
2. In regards to question 1., what are the names of the successful contractors/suppliers and what did their contracts provide for supply?
3. In regards to questions 1. & 2., in each case why wasn’t an open tendering process utilised?
 
Secondly, Grow Dunedin Partnership:
1. How many contracts for supply have been awarded Not using an open tendering process in the period from 1 Jan 2015 to 18 March 2016?
2. In regards to question 1., what are the names of the successful contractors/suppliers and what did their contracts provide for supply?
3. In regards to questions 1. & 2., in each case why wasn’t an open tendering process utilised?
 
Thirdly, Digital Community Trust (DCT) – Digital Office Ltd (The Digital Office) : see GigCity Dunedin
1. How many contracts for supply have been awarded Not using an open tendering process in the period from 1 Jan 2015 to 18 March 2016?
2. In regards to question 1., what are the names of the successful contractors/suppliers and what did their contracts provide for supply?
3. In regards to questions 1. & 2., in each case why wasn’t an open tendering process utilised?
 
In addition:
● Has the registered company Firebrand been awarded contracts by any of the DCC-related entities bullet-pointed above, in the period from 1 Jan 2015 to 18 March 2016?
● How many contracts for supply have been awarded to Firebrand, Not using an open tendering process in the period from 1 Jan 2015 to 18 March 2016?
● In regards to the last two bullet points, in each case why wasn’t an open tendering process utilised?

Further, I understand Firebrand supplied services to Greater Dunedin (now defunct) election campaign(s) in previous years.
 
● Is Firebrand (a usual supplier to DCC ?) currently in discussion with Dave Cull about supplying services to his mayoral campaign for the local body elections in October 2016?
  
Background Information: 
Website:  http://firebrand.nz/   
NZ Companies register: FIREBRAND HOLDINGS LIMITED (3053206) Registered http://www.companies.govt.nz/co/3053206
 
It would be concerning if a usual supplier to the city council was being awarded contracts without being subject to an open (public) tendering process; particularly if that same supplier was also discussing or had already been engaged to provide services to the Mayoral election campaign. If true, this would seem to be inappropriate and an interest should be declared. However, until more information is obtained I retain a completely open mind.
 
I seek your response by email in digital format. Thank you.
  
Sincerely
Elizabeth Kerr

Subject: LGOIMA Request Ref No. 541554
Date: Mon, 18 Apr 2016 10:37 p.m.
From: Elizabeth Kerr
To: Kristy Rusher [DCC]
Cc: Elizabeth Kerr, Sandy Graham, Sue Bidrose
 
Dear Kristy
 
Re DCC open tendering processes
 
This official request stems from citizen concern or perception that contracts for supply are being awarded without Dunedin City Council (DCC) and its CCO Delta Utility Services Ltd or any other DCC controlled entity engaging in open tendering processes. I hope this is not the case but I wish to go beyond hearsay in seeking the following information.
 
It is unclear whether open tendering processes are being followed by :
 
Firstly, DCC Communications and Marketing
1. How many contracts for supply have been awarded to the company Firebrand in the period 1 Jan 2015 to 18 April 2016? Please outline the services supplied.
2. In regards to question 1., how many of these contracts for supply did Not go through an open tendering process in the period from 1 Jan 2015 to 18 April 2016? Please outline the services supplied.
3. In regards to question 2., in each case why wasn’t an open tendering process utilised?
 
Secondly, Delta Utility Services Ltd (the Council owned company)
1. How many contracts for supply have been awarded to the company Firebrand in the period 1 Jan 2015 to 18 April 2016? Please outline the services supplied.
2. In regards to question 1., how many of these contracts for supply did Not go through an open tendering process in the period from 1 Jan 2015 to 18 April 2016? Please outline the services supplied.
3. In regards to question 2., in each case why wasn’t an open tendering process utilised?
 
Thirdly, has any other DCC controlled entity engaged the services of the company Firebrand in the period 1 Jan 2015 to 18 April 2016; if so have any of those contracts awarded for services Not followed an open (public) tendering process; and if so why not?
 
Background Information: 
Website:  http://firebrand.nz/  
NZ Companies register:  FIREBRAND HOLDINGS LIMITED (3053206) Registered http://www.companies.govt.nz/co/3053206
 
I seek your response by email in digital format. Thank you.
  
Sincerely 
Elizabeth Kerr

█ Go to Comments for more LGOIMA requests and all responses.

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Posted by Elizabeth Kerr

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

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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█ 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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█ 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 Key’s Godzone and the OIA

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

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Comment by Russell Garbutt
Submitted on 2014/10/24 at 10:40 am

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.

[ends]

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Posted by Elizabeth Kerr

*Images: tvnz.co.nz – Dirty Politics: Cameron Slater, Nicky Hager; newstalkzb.co.nz (Getty) – John Key PM looking tired

DCC Fraud: Further official information in reply to Cr Vandervis

Following on from the previous post.
DCC has established an Investigation Steering Group (membership unknown).

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Received from Cr Lee Vandervis
Mon, 1 Sep 2014 at 9:51 p.m.

[begins]

—— Forwarded Message
From: Lee Vandervis
Sent: Wednesday, 27 August 2014 11:09 a.m.
To: Sandy Graham [DCC]
Subject: Re: 8 x LGOIMA requests

Hi Sandy,

Thank you for responding so rapidly on the 8 questions.

To clarify, have the DCC asked for the SFO to investigate the Citifleet frauds and when, or has the SFO only been briefed indirectly by Deloittes as in answer 7?

Also, are your responses public or confidential?

Cheers,
Lee

——————————

From: Sandy Graham [DCC]
Date: Mon, 1 Sep 2014 11:08:40 +1200
To: Lee Vandervis
Subject: RE: 8 x LGOIMA requests

Dear Lee

I have followed up your question of clarification about the SFO and can provide the following response:
Under the circumstances of a suspected fraud (as per the Citifleet situation at the beginning of the investigation), the normal course of events is that the SFO is informed of issues when they arise. Deloitte did this via a phone-call to the SFO on 12 June 2014, after a discussion with DCC staff at a meeting of the Investigation Steering Group. The steering group were fully aware of the fact that Deloitte was speaking with the SFO and were informed of the outcome of the call. The call to the SFO was us asking the SFO to consider an investigation.

The discussion on 12 June 2014 (which was with a case officer and with Nick Paterson, the GM Fraud and Corruption) summarised the facts and circumstances of the Citifleet issues and sought the view of the SFO.
It is then the SFO’s decision as to whether they commence their own investigation. This is based on the criteria set out on their website (copied below)

● There are multiple victims (usually investors) of the suspected fraud

● The sum of money lost exceeds $2,000,000

● The alleged criminal transactions have significant legal or financial complexity beyond the resources of most other law enforcement agencies.

In the case of bribery or corruption matters, we focus on crimes involving public officials, which could undermine public confidence in the administration of laws

Based primarily on the fact that the main suspect was deceased and that the actions appeared to be those of one corrupt individual rather than fitting within the definition of bribery and corruption, the GM Fraud and Corruption decided that the best course of action was for Deloitte to complete its investigation and provide a copy of the report at the conclusion of its work. During the investigation and with permission from DCC, Deloitte provided an update on the investigation to SFO on 07 July 2014 via letter. A copy of the full report was provided on 21 August 2014. We have heard nothing back from the SFO to date.

As to confidentiality, these OIA replies are all able to be made public and as such they will be published on the website and I will be providing a copy of the information to all Councillors.

Regards
Sandy [Group Manager Corporate Services, DCC]
—— End of Forwarded Message

[ends]

Note: The auditors that Dunedin City Council has contracted to investigate fraud carry the name Deloitte New Zealand, or simply Deloitte. Link

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Posted by Elizabeth Kerr

Public service causing “paralysis of democracy” with OIA requests

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

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Posted by Elizabeth Kerr