Tag Archives: SFO

DCC whitewash on serious fraud, steals democracy from citizens

MILLIONS
ORFU / NZRU
CST
Stadium / DVML
Carisbrook
Delta
Citifleet
City Property
Mosgiel-Taieri Community Board
Other

The story today at ODT, Further DCC inquiries possible amid changes – with comments off – shows up the very worst of undemocratic processes and shonky leadership coming to light at Dunedin City Council.

“The Government had the power to replace an elected council with commissioners, or appoint managers alongside, or over the top of, a council’s existing management team. Dr Bidrose confirmed the council had been keeping DIA staff informed about the alleged Citifleet fraud, as well as the council’s reform process, but there were no signs an intervention was likely.”

Be pleased with today’s ODT editorial: Disturbing ‘we know best’ attitude

Meanwhile, take a look at this NZ Herald story:
Council votes to sue ex CEO for cost overruns
(see Comments to article, fascinating! suing of Audit NZ and OAG pending)

Posted by Elizabeth Kerr

9 Comments

Filed under Business, Carisbrook, Citifleet, CST, DCC, DCHL, DCTL, Delta, Democracy, DVL, DVML, Economics, Highlanders, Media, New Zealand, NZRU, ORFU, People, Politics, Project management, Property, Queenstown Lakes, Site, Sport, Stadiums, Town planning, Urban design, What stadium

Auckland Council report on pokie grant distribution

Auckland Council logo

### NZ Herald Online 5:51 PM Monday Aug 11, 2014
Poor losing out on pokie cash
By David Fisher
Money tipped into pokie machines in the poorest parts of Auckland doesn’t come back to those communities in gaming grants, new data shows. In contrast, the wealthiest areas gamble far less but take a disproportionate amount of money out of other areas. This has been greeted as proof of a long-stated but never-proven claim about pokies – that the poor get poorer but the rich get richer. The Auckland Council research is behind a challenge to government plans to ringfence 80 per cent of pokie grant distribution inside large regional areas. Instead, it wants a special system for distributing pokie grants inside Auckland which will allow the poorest areas to benefit from money gambled locally. […] Overall, the study found all of Auckland missed out to the benefit of the rest of New Zealand. The $214.6 million put into pokie machines would have made $61.6 million available for grants, on industry averages after expenses were taken out. Auckland got $35.2 million.
Read more

● David Fisher is a senior reporter for the NZ Herald.

Auckland Council Regional Strategy and Policy Committee
07 August 2014

Gambling Working Party – new regulations for the distribution of class 4 (pokie) gambling grants to communities

File No.: CP2014/14759

Purpose
1. To report back on a gambling working party’s deliberations regarding new government regulations to control the distribution of grants from class 4 (commonly known as “pokie”) gambling, and present recommendations based on feedback from the working party.

Executive summary
2. The Minister of Internal Affairs has recently acquired the power to make new regulations specifying the amount of class 4 grants money that must be returned to the area from which it came, and to set out how areas will be identified and defined for that purpose
3. The Minister recently announced that regional council areas will be used as the areas into which grants must be distributed, and the rate of return to those areas will be 80%. New regulations implementing that decision are expected to be issued later this year.
4. A gambling working party, established by minute REG/2013/10, has reviewed information regarding class 4 gaming machine proceeds in Auckland, and the current rate of return of class 4 grant money by local board area.
5. The new regulations could increase the amount of grant money flowing to community and sport groups in Auckland as a whole, but there are significant inequities in the distribution of class 4 grants within the region that the Minister’s proposal would not overcome.
6. The working party has developed a proposal which would address those inequities by defining areas, within Auckland, for the return of class 4 gambling grants.

Recommendation/s
That the Regional Strategy and Policy Committee:
a) endorse the working party’s proposal to define areas within Auckland, as presented in the appended map, whereby a proportion of grants derived from the proceeds of class 4 gambling in those areas would be returned to them
b) endorse the option of advocating for a 90 percent return of grant money to the defined areas, instead of the 80 percent currently proposed by the Minister of Internal Affairs
c) endorse the option of advocating for a different rate of return to the area identified as CGI on the map (comprising the City Centre and Gulf Islands), of either 40 percent or 45 percent
d) delegate to the chair of the Regional Strategy and Policy Committee to write to the Minister of Internal Affairs advocating that the proposed regulations be amended in accordance with the committee’s response to recommendations (a) to (c) above
e) note that the grants data for Auckland will be published on a web portal
f) note that the findings of the working party will be reported to local boards.
Read more

Posted by Elizabeth Kerr

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Gambling Commission shuts down racing’s Bluegrass pokie trust

According to Barry Stewart on Channel 39 there’s a story in tomorrow’s ODT about: “A pokie trust established to fund the racing industry closed down.”

Why wait?

The Decision – Gambling Commission

Here’s the Department of Internal Affairs (DIA) press release
(in which the devils at DIA, racing and pokie industry make Mike O’Brien the fall guy):

Pokie trust obtained licence by deception – Gambling Commission

5 August 2014

The Department of Internal Affairs has welcomed a decision by the Gambling Commission which has found that a Blenheim based gaming machine society, Bluegrass Holdings Limited, obtained its licence to operate pokie machines by deception and that a decision to cancel its Class 4 operator’s licence was warranted. The Commission’s decision, published today, 5 August 2014, comes after a two year protracted and complicated process between Bluegrass Holdings and the Department.

Internal Affairs’ Acting Director of Gambling Compliance, Raj Krishnan, says action was taken to cancel Bluegrass’s licence in July 2012 because of concerns about the suitability of Bluegrass’s operations including the actions of particular key individuals.

“Bluegrass’s deliberate and repeated efforts to deceive the Secretary were intolerable. There is no room for such behaviour in the gambling sector and we are pleased that those involved will now need to move on. We put a lot of effort into this case as we believe ensuring the integrity of the gambling sector is of great importance. Gaming machine societies exist to distribute funds for the community. Millions of dollars are involved and the utmost integrity is required,” says Mr Krishnan.

The Gambling Commission found that Bluegrass provided false and misleading information to Internal Affairs about its funding, those involved in the society and the role of Blenheim man Mike O’Brien in particular. Mike O’Brien is well-known in the harness racing community and is the son of Patrick O’Brien, former chairman of Harness Racing New Zealand and former chair of Bluegrass, which primarily provided grant money to the racing sector. The Commission says documentary evidence indicates Mike O’Brien “covertly exercised influence over the society’s grants and operation….” (Paragraph 66)

The Commission’s decision notes that the efforts to deceive the Department were repeated and took place from the time of Bluegrass’s initial application, through the investigation process and continued during the course of formal proceedings. The deceit stemmed from Bluegrass’s failure to advise the true source of funding to establish the society as well as the role of Mike O’Brien.

“It is unlikely that the Secretary [of Internal Affairs] would have granted the licence application if he had known either that the money had been advanced by Mike O’Brien or that its ultimate source was three racing clubs. The Appellant obtained its licence by providing materially false and misleading information to the Secretary.” (Paragraph 82)

The Commission also found there was evidence that Bluegrass was open to being influenced by its venue operators, contrary to the Gambling Act 2003 and it believed that allowing venue operators to exercise influence over grants was necessary to its survival. (Paragraph 65)

The Commission found the evidence of Bluegrass’s present chair, Blenheim electrician, Peter Gurr not to be sufficiently credible and compelling to remove the doubts as to Bluegrass’s suitability. The Commission says the nature of the deception means it is appropriate for Bluegrass’s licence to be cancelled to “deter other applicants from similar attempts in the future”.

“The circumstances of the case illustrate that detection of this sort of deception is difficult and it is important therefore that the consequences following detection are sufficiently serious to prevent the operation of licensing regime being undermined by the provision of false or misleading information for the advantage of applicants.” (Paragraph 89)

Mr Krishnan says: “This type of behaviour detracts from the good work of many others who distribute pokie grants for the benefit of the community. We’d encourage operators to take close note of this decision and let it serve as a benchmark as to what is expected from them. This type of deceptive conduct and efforts to mislead are also captured in investigations presently being conducted by Internal Affairs, the Serious Fraud Office and Police.”

Bluegrass Holdings Ltd owns 144 gaming machines (pokies) at eight pubs around New Zealand.

“Internal Affairs is currently assessing the behaviour of the people who are responsible for the gaming machines at those venues. We have a duty to the wider community to ensure that venue operators are ethical and uphold the law. Whether those pubs will be allowed to continue operating pokies will depend on whether we are satisfied that all the relevant criteria are met,” says Mr Krishnan.

In accordance with the Commission’s decision the licence cancellation will come into effect on 18 August 2014.

Questions and Answers

1. What happens on 18 August to the pokie machines owned by Bluegrass?
Once Bluegrass’s licence to operate is cancelled on 18 August all its machines are turned off. We’d expect the machines to be sold possibly to another gaming machine society. (See Q5 for further details)

2. Doesn’t this action mean less money will go into the community?
There is no evidence to suggest that overall gambling profits will decrease if the venues in question cease to offer gambling. Those who gamble at these venues are likely to simply gamble elsewhere if the venues lose their licences.

3. What happens to the money already collected from people gambling on the machines?
The Gambling Act (2003) specifies that once a society’s licence is cancelled the remaining net proceeds from its Class 4 gambling must be distributed to authorised purposes in the community within 20 working days, unless a further period is agreed to by the Secretary (for Internal Affairs). Internal Affairs will be working with Bluegrass to ensure the correct distribution takes place.

4. What happens to the organisations which received money from Bluegrass last year?
No organisations which have had their funding applications already accepted by Bluegrass should lose out. Bluegrass was set up to primarily distribute funds to the racing sector. There is nothing to stop the racing clubs (or other community organisations) that received funds from Bluegrass from applying for pokie grants from other gaming machine societies, which are the organisations responsible for distributing the proceeds from gaming machines to the community.

5. What happens to the eight pubs which have Bluegrass machines? Can they transfer to another society?
Yes they can, however this requires a fresh licence application to be made to the Department for each venue, and we will assess each application on a case by case basis. We will assess in detail both the behaviour of the venues and the history of compliance of the societies applying to take the venues on. We have a duty to the wider community to ensure that the operators in the gambling sector are ethical and uphold the law. Each time the Secretary (of Internal Affairs) makes an approval decision in respect of an application by a society to take on a new venue, he must be satisfied of both the venue’s ability and the society’s ability to operate in a compliant fashion. We will not grant a venue application until we have worked through the enquiries we need to make to be sure that these venues and societies are compliant in all respects. It should be noted a recent decision by the Gambling Commission emphasises that the onus is on the applicant society to satisfy Internal Affairs that the relevant criteria are met.

6. Does the action of DIA mean that those pubs will go under?
If a venue is compliant with the law and aligns with a compliant gaming machine society, then there is no reason why is should not continue to be able to operate pokie machines. We should point out that pubs host pokie machines voluntarily, and when they do, they are only able to recover the cost associated with hosting those machines, up to a limit. The Gambling Act did not intend for pubs to make profits from hosting pokie machines. Therefore, if these venues are dependent on the money from pokies for their survival something is wrong with the underlying viability of the venue

7. Does this action mean that those involved in Bluegrass will never be able to operate in the pokie sector again?
Yes, it is our intention to ensure the integrity of a sector which generates approximately $800 million per annum in turnover. Given the large amount of funding generated by gambling the highest levels of sector integrity are vital to make sure that the community doesn’t lose out on much needed grant money, and that those in the sector, who comply and do the right thing, aren’t undermined. Our recent actions demonstrate that we will detect unlawful and dishonest behaviour, and take whatever action necessary to reduce and eliminate non-compliance.

Media contact:
Sue Ingram, Communications
Department of Internal Affairs Te Tari Taiwhenua
Direct Dial: +64 4 494 0584 | Mobile: +64 27 541 4696

[ends]

DIA Link

Related Posts and Comments:
11.10.13 New Zealand: Pokie trusts same everywhere #pokierorts
31.3.13 DIA and Office of the Auditor General stuff up bigtime #pokierorts
21.2.13 DIA, SFO investigation #pokierorts
18.11.12 Martin Legge: DIA audit criticism #pokierorts #coverup
28.7.12 Pokie fraud: ODT fails to notice own backyard
15.7.12 Martin Legge responds to media stories on Murray Acklin, TTCF and DIA

█ For more, enter the terms *dia*, *pokies*, *pokie trusts*, *orfu*, *nzru*, *gambling commission* and *ttcf* in the search box at right.

Posted by Elizabeth Kerr

2 Comments

Filed under Business, Carisbrook, DCC, DVML, Economics, Geography, Highlanders, Media, Name, New Zealand, NZRU, ORFU, People, Politics, Project management, Property, Sport, Stadiums

Decisions . . .

Patriot Hawgrider (@dale42860) tweeted at 9:37 PM on Thu, Apr 24, 2014:
pic.twitter.com/Bs18b7LWHs

Organised crime (via Patriot Hawgrider @dale42860)

Posted by Elizabeth Kerr

2 Comments

Filed under Business, CST, DCC, DCHL, DCTL, Delta, DVML, Highlanders, Media, Name, ORFU, People, Politics, Project management, Property, SDHB, Site, Sport, Stadiums, What stadium

Audit services to (paying) local bodies #FAIL ● AuditNZ ● OAG ● LynProvost

Typically, local government pays Audit New Zealand to audit and review annual financial statements. It’s a tame, tick-box sort of exercise. Audit NZ does a remarkably poor job and is certainly not in it to protect the Community from institutional or corporate misuse of public funds, or indeed from what amounts to perversion or defeat of the course of justice.

Audit NZ is paid handsomely to not see failures of tansparency and non-accountability — such that the enlightened Mangawhai Ratepayers and Residents Association (MRRA) has had Audit NZ sacked from providing audit services to Kaipara District Council.

In an opinion piece last week at Otago Daily Times, City ratepayers let down again, Russell Garbutt cleverly and succinctly summarised the depth of the problem with the Office of the Auditor-General (OAG) investigation into Delta Utility Services Ltd. He also noted: “It may seem strange, but if a local government body goes feral, the body which investigates this and the one which provided audit services to that local body are both business units of the Auditor-General.”

Dunedin City Council (DCC) has ‘overseen’ the Auditor-General’s probe into property purchases at Luggate and Jacks Point by Delta Utility Services Ltd, which also involved the council’s holding company (DCHL). A more scandalous, politically slant and irresponsible report from a Government agency it would be difficult to imagine.

(Thank-you, Mayor Dave Cull and the individual Stuart McLaughlan.)

Criminally, the OAG’s Delta report is what passes for ‘honest and comprehensive’ investigation of fraud and corruption in New Zealand… such that the main Delta complainant, Cr Lee Vandervis of Dunedin City, who holds evidence obtained from over 350 emails, was NOT interviewed by the Auditor-General. Nor was his evidence examined.

The fact that for years Audit NZ has refrained from investigating or bringing attention to underhand dealings of the DCC and with respect to DCHL, Delta, Aurora, and Dunedin City Treasury Ltd (DCTL), to identify just some of the ‘group companies’ involved in financial mayhem with public funds, is fully SYMPTOMATIC.

And now we have DCC — and DCHL (again) — in relationship with Dunedin Venues Management Ltd, tied directly to Otago Rugby Football Union (ORFU) and The Highlanders through shared staff and facilities at the Stadium, and the facilities at Logan Park. Meaning that DCC continues to squander millions and millions of dollars of public funds each year, yet Audit NZ is nowhere to be seen under ‘the Roof’. Don’t mention the black hole, Carisbrook.

█ Inquiry into property investments by Delta Utility Services Limited at Luggate and Jacks Point. The Auditor-General’s Overview and Full Report are available at http://www.oag.govt.nz/reports/2014/delta

****

WHERE TO FROM HERE ???
In yesterday’s Business section of the Sunday Star-Times came inklings of hope that the tide of fraud and corruption created by local bodies and ‘their mates’ is up for possible scrutiny through a change of legislation. Greater public and professional awareness of fraud by local councils and their companies (as well as private trusts and other means used to launder public monies) is coming to bear.

[Message to ALL: Those of us working quietly away to expose Dunedin City Council and Otago Rugby will never give up in a month of Sundays.]

SST Business 30.3.14 (page D5) Bid to help auditorsSST Business 30.3.14 (page D5)

****

NEWS: SFO has got into Mighty River Power and there are ‘reasons’ for non-disclosure of MRP fraud to the NZX…

A consultant says:
SST Business 30.3.14 (page D1) Mighty River Power

The following article goes on to cite other cases, one from last year mentions two men sentenced to prison and home detention following the payment of $849,000 in council funds for road and berm projects that were never completed.

█ Think DELTA, think AURORA, think DCC, think DCHL, think DCTL, think CWP, think CST (CSCT), think DVML…

█ Think of the individuals you know by name who fail to be prudent and conservative with Dunedin Ratepayer and Resident monies, whose actions (deliberate or otherwise) have been fraudulent and corrupt.

█ These entities and the individuals you know by name have been aided and abetted by Audit New Zealand, the Office of the Auditor-General, the Department of Internal Affairs, and indeed the Serious Fraud Office which doesn’t always show a clean pair of hands in assisting investigations by other Government agencies — if ‘supervised by’ mayors, local body politicians, local body employees, Members of Parliament, and Ministers of the Crown.

Welcome to the underbelly of New Zealand local government and the parties it pleases. STEAL from the poor to FATTEN the rich, by any means. Backed by Central Government.

SST Business 30.3.14 (page D1) Fraud at Mighty River Power (1)SST Business 30.3.14 (page D8) Fraud at Mighty River Power (1)SST Business 30.3.14 (pages D1 and D8) [click to enlarge]

*Links to articles not yet available at Stuff.co.nz.

Related Posts and Comments:
30.3.14 Paul Pope on local body annual plans
27.3.14 Jeff Dickie: Letter to the Auditor-General Lyn Provost
25.3.14 Delta blues . . . and Easy Rider
20.3.14 Delta: Report from Office of the Auditor-General
14.3.14 Delta: Mayor ignores Cr Vandervis’ official complaint
22.3.14 DVML, ‘Money for jam…..fig jam’
19.3.14 ORFU: Black-tie dinner, theft or fraud?
17.3.14 ORFU: Black-tie dinner on ratepayers

For more, enter the terms *carisbrook*, *cst*, *cull*, *cycle*, *dcc*, *delta*, *dia*, *draft annual plan*, *dvml*, *farry*, *orfu*, *nzru*, *pokie rort*, *pokies*, and *stadium* in the search box at right.

Posted by Elizabeth Kerr

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National-led government rejects state sector reform

● 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.

### 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)

****

“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

[Audio] http://www.radionz.co.nz/national/programmes/morningreport/audio/2586376/former-pm-calls-for-overhaul-of-public-sector

Posted by Elizabeth Kerr

13 Comments

Filed under Business, Democracy, Media, Name, New Zealand, ORFU, People, Politics

Corruption: US mirror to ministerial meddling in DIA business

● 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

Published on 13 Feb 2014. The800meters.

Bloomfield Police Chief Position is not for Sale
James Behre, Acting Police Chief in Bloomfield, New Jersey stands up to town council and Mayor regarding political interference. This video is an excerpt from the Town Council meeting on February 10, 2014.

Two days later Bloomfield councilman Carlos Bernard is placed on Administrative leave…

The wider story: Bloomfield councilman asking acting police chief to trade favours to secure appointment as top cop (via NJ.Com)

Close to Home
What would this United States police chief say about the least corrupt country in the world? A country where a Minister of Parliament, Peter Dunne, contacts the Department of Internal Affairs (DIA) about a pokie trust (TTCF) with which he has had a long association, right at the time that DIA holds evidence sufficient for the head of that regulatory body to suggest the immediate proposal to cancel TTCF’s Gambling Operators Licence.

Would the police chief be concerned that Racing Clubs, the Otago Rugby Football Union (ORFU) and its intermediary, the Centre of Excellence for Amateur Sport, have never been investigated which would result in criminal prosecution and the potential to seek the return of nearly $7 million dollars of community funds from illegal arrangements with TTCF.

Corruption is the abuse of entrusted power for private gain. It hurts everyone whose life, livelihood or happiness depends on the integrity of people in a position of authority.

For more information, enter *dia*, *dunne*, *ttcf*, *orfu*, or *pokies* in the search box at right.

Posted by Elizabeth Kerr

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Martin Legge: Operation Chestnut [DIA’s PR exercise]

Received from Martin Legge.
Tuesday, 31 December 2013 10:54 p.m.

The relaunch of “Operation Chestnut” is nothing more than an expensive distraction for the masses – making them believe that the DIA and its Minister, Chris Tremain, are doing a great job. No small coincidence the operation was announced (Jan 2013) contemporaneous with the Government announcement that they did not intend changing the current pokie model despite the systemic corruption and the ongoing rorts. If you don’t agree with me then consider this:

1. “Operation Chestnut” was started way back in 2008 and the investigator submitted his report to Senior Management in 2008-09. The same management includes Debbie Despard, who now fronts the relaunch of Operation Chestnut but note she failed to tell media that the operation started in 2008 and she has been sitting on the report for five years watching as tens of millions flowed to people to whom it should not have.

2. DIA’s primary statutory function requires they properly regulate all the entities which they are solely responsible for licencing and that includes the pokie trusts, their managment and also the owners/operators of pokie bars. Current gambling law puts a clear statutory obligation on the DIA that they must be satisfied with these entities before they can lawfully issue a gambling licence. The legal obligation was put in place to ensure they did their job and prevented harm, and ensured the grant distribution process was fair to all grant applicants. That obligation does not require the resources of the Serious Fraud Office or the standard of proof required in a criminal case, just a balance of probabilities. Under these circumstances the public could now rightly demand why all of the issues and recommendations identified in Bermingham’s report of 2009 were not immediately addressed first and foremost with the pokie trusts named and why now after five years the taxpayer is funding a relaunch or rehash of an operation which until now was ignored by DIA.

3. In 2010, during the four to five years of DIA inaction, DIA seek and receive documents and testimony from me and others that not only linked ORFU and Harness Racing (Mike O’Brien) to three South Auckland bars but of far greater significance was the fact that the evidence implicated the involvement of one of NZ’s biggest trusts, TTCF Inc, now TTCF Ltd, and how its trustees were complicit to such arrangements and were knowingly approving millions of dollars of grants to both ORFU and Racing between 2005 and 2011.

The DIA, OAG, and now the SFO have all given me different stories about why TTCF has been excluded from Operation Chestnut but it is blatantly obvious to me and others that to include O’Brien’s relationship with ORFU and those three Jokers bars would mean including TTCF. It would open up a can of worms with the Government because, as we know, TTCF trustees are very very well connected and they have politicians who will pick up the phone.

Quite frankly, as an ex Police Prosecutor and Detective Sergeant, I am appalled at this situation. Operation Chestnut has become nothing more than an exercise in regaining the public confidence in DIA, its Minister and the gambling sector by taking scalps that fall outside their primary responsibility. Evidence implicating the pokie trusts and their trustees is being ignored or suppressed to take the scalp of someone who essentially sits outside the industry. Mike O’Brien would not have been able to get one cent, let alone the $30 million that DIA/SFO allege has been gained, if it weren’t for the primary offenders, the persons with the ultimate public responsibility, that approved that money back to those interests. Their part in the offending is far more serious than anyone outside the industry.

Pokie trust boards are stacked with high profile well connected personalities all of whom receive a payment of around $50-100k per annum for the privilege. The NZCT board includes ex Wellington Mayor, Kerry Prendergast, who is also an advisor to the Auditor General. TTCF’s Chairman is Ross Clow who is now with Auckland City Council, and then there is Warren Flaunty, NZ’s most elected man. They are the ones who approved these grants and yet they are barely mentioned, quoted or identified by media, let alone interviewed by DIA or SFO.

Last but not least, another conscientious DIA investigator recently contacted me to advise that they saw the full NZRU report into the demise of the ORFU that was supplied to the DIA. They have confirmed that it contains considerable detail of ORFU’s ownership of the Jokers bars and their relationship with Mike O’Brien and TTCF. The report was provided to DIA simply because NZRU wanted to judge the risk of DIA legal action before pumping funds into ORFU. Little wonder DIA continue to withhold that report.

[ends]

Related Post and Comments:
30.12.13 DIA insights: Pokie rorts, money-go-rounds, names

Posted by Elizabeth Kerr

56 Comments

Filed under Business, Economics, Geography, Name, New Zealand, ORFU, People, Politics, Project management, Property, Sport

DIA insights: Pokie rorts, money-go-rounds, names

ODT 23.12.13 Freeze on grants urged (page 1) 2

This time last week you might have read front-page news at ODT, a story by Hamish McNeilly, Freeze on grants urged (23.12.13) — “Leaked documents confirm the earlier involvement of southern racing clubs in what has become a major multi-agency investigation involving alleged pokie money-go-rounds.” Cont./

Yesterday (and previous days) interesting activity has displayed in our Site Stats —referrers include racechat.co.nz and racecafe.co.nz

View two comments posted in response, here and here.

Go to this thread at RaceCafe—
Some light reading – started by Sheriff, 27 Dec 2013.
Mentions of Operation Chestnut, and more – Sheriff has posted two file attachments. [based on this ODT could’ve had a ‘field day’, it decided not to]

The second attachment of 22 pages compiled by gambling inspector DM Bermingham (Christchurch) is available for download here.

Report into Racing Club Activities 222 (DOC, 159.5KB)

The following draft provides a useful checklist [via screenshot]:

DM Bermingham - Table of Contents (page 1) screenshot

To open the file attachments at RaceCafe you’ll need to register as a member.

For more on Pokie Rorts at this website, enter terms such as *pokies*, *pokierorts*, *whistleblower*, *dia*, *sfo*, *racing*, *martin legge*, *orfu*, *ttcf* in the search box at right.

Posted by Elizabeth Kerr

*Image: ODT 23.12.13 – front page detail tweaked by whatifdunedin

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SFO budget slashed, how useful were they ?! #politicalinterference

### 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

Related Posts and Comments:
5.12.13 Swann case: ODHB/SDHB and friends
3.12.13 LGNZ: OAG report on Kaipara
15.10.13 NZRU, ORFU blasphemies etc
11.10.13 New Zealand: Pokie trusts same everywhere #pokierorts
10.10.13 Whistleblowers’ message heard ??! #OtagoRacingClub #pokierorts
26.8.13 NZ rorts and sports —dependence on gambling and white collar crime
7.8.13 SFO goes for disgraced lawyer John Milne, but wait . . .
1.8.13 Politicians keeping DIA/SFO quiet on ORFU and TTCF #pokierorts
15.7.13 Leave Otago white collar criminals ALONE, and other unfairness
29.6.13 Audit NZ and OAG clean bill of health —Suspicious!
18.6.13 SFO investigates Taupo District Council
31.3.13 Internal Affairs and Auditor General stuff up bigtime #pokierorts
15.3.13 DCC: Stephens gone. It took way too long. [WHY did he go?]
21.2.13 DIA, SFO investigation #pokierorts
11.2.13 Recognising whistleblowers
21.2.12 Kaipara this time

Posted by Elizabeth Kerr

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Swann case: ODHB/SDHB and friends

The following are worth a querulous read —especially, the comments added by Anonymous in reply to Andrew Kelly with regards to persons past and present at the DHB (District Health Board) in governance and upper management, who it appears have never been properly investigated.

And while some stolen monies have been recovered lately via trust accounts, surely Iain Fyfe has more to say; and Peter Ibbotson, something for the first time… he’s yet to be interrogated by SFO and NZ Police. Both men, with thumbscrews applied.

OPINION
Blog: Andrew Kelly – Author Blog
Sunday, 4 August 2013
Chapter 2: False Invoice Fraud – Michael Swann and Kerry Harford
My interest in fraud here in New Zealand dates back to September 2010 when I watched (in disbelief) a news item on Michael Swann’s six-year long, $16.9 million false invoice fraud. The end result of which is the (now rewritten) six chapters of “Anatomy of Fraud” you’ll find on this Blog. I must say a special thanks to my patient reviewer: Mark Piper. I hope you enjoy reading them as much as I did writing them.
Read more

****

OPINION
Society for the Promotion of Community Standards (SPCS)
Michael Swann, Checketts McKay Law, Fraud and Otago DHB’s missing $6 Million: Report
Thursday, 11 November 2010
[excerpts] Checketts McKay Law, Barristers and Solicitors – based in Central Otago, with offices in Wanaka, Cromwell and [Alexandra] […] has five principals, including a Mr Iain Grant Fyfe, who in 1997 was a founding applicant and shareholder in Computer South Limited” […] Mr Iain Grant Fyfe, one of five partners in Checketts McKay Law, held 33 of the total of 100 ordinary shares in Computer South Ltd from 20 March 1997 until 22 September 2006. His share was transferred to the company’s director, Peter Bruce Ibbotson, a plumber, just days before Swann was suspended from his job at ODHB after it had commenced an inquiry into his financial affairs while on the Board. The share transfer was effected on line by Kathleen Bennett of Checketts McKay (Wanaka). […] Iain Fyfe, principal of Checketts McKay has been identified by the SFO as a co-owner of tainted property purchased with the proceeds of crime and involved in a trust that owned other tainted properties (purchased using the proceeds of crime). […] Checketts McKay and Iain Fyfe were listed as respondents in Proceeds of Crimes Act proceedings against Swann by the Solicitor-general who successfully sought restraining orders against a number of assets including Central Otago “tainted properties”. […] It would appear that forensic investigations into the financial/accounting records of the various trusts set up by Checketts McKay law firm to ‘hide’ Swann’s properties, some involving [Anna Devereux] and/or Ibbotson and/or Fyfe, may well provide answers for the police as to the whereabouts of much of the money.
Read more

[via SPCS] The main companies involved in the Michael Swann/Kerry Hartford fraud case:

Sonnford Solutions Ltd (formed 7 Nov 2001) owned by Kerry Harford. Sent invoices to ODHB for computer risk mitigation services. Received 10% of monies. Paid tax and employees.

Computer South Ltd (incorporated 20 March 1997), operated by Michael Swann. Inaugural shareholders wife Anna Devereux, Devereux Family Trust, lawyer Grant Fyfe and Peter Ibbotson. No employees or tax returns. Received 90% of monies.

ODT 14.11.13 Thomson still out in cold
ODT 12.3.09 ‘Astonishing greed’ sunk Swann
ODT 6.12.08 Events in Swann case played out from 1996 [timeline]

Related Post and Comments:
15.7.13 Leave Otago white collar criminals ALONE, and other unfairness

Posted by Elizabeth Kerr

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New Zealand: Pokie trusts same everywhere #pokierorts

● 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

### NZ Herald Online Tuesday 8 October 2013
Super City elections 2013: West’s ‘ugly’ culture has Tamihere fuming
By Steve Deane
Colourful talk radio host MP John Tamihere wants to change what he sees as liquor trusts’ unhealthy monopoly from the inside but they defend set-up as democracy in action, saying proportion of payouts to turnover is about to pick up.

[pub crawl ensues in West Auckland – see full article]
What we’ve just seen [on the crawl], he says, is an example of how West Auckland’s alcohol licensing trusts use their control of the region’s pubs to maximise gambling revenue through pokies. The gambling money, he says, is then used to peddle influence and spread pro-trust propaganda, which reinforces the position of the liquor trusts.

The West’s drinkers are suckers, says Tamihere. They pay over the odds for their booze at the trusts’ bottle stores, are forced to drink in dives and are subjected to banks of pokies when they do. “It’s an ugly drinking culture,” says Tamihere. “It sets up a false world where the leadership of the trusts can make out that we don’t have any drinking problems out West. That is because we migrate them into town or over on to the Shore. No right-minded youth or family will go out anywhere in the West because they are dives. The culture has been perverted by the way the trusts just want to monopolise pokies.” Tamihere wants to get elected so he can change things from the inside. But is change really necessary? Like many things involving the colourful talk radio host, the answer is not straightforward.

Two weeks later we take another tour, this time with Ross Clow, the long-serving president of the Portage Licensing Trust and chairman of The Trusts Community Foundation.

As well as rebutting Tamihere’s ugly drinking culture claims, Clow’s aim is to show where the money from the liquor trusts’ combined $100 million turnover is going. Money, it will surprise no one, is at the heart of this issue. TTCF’s accounts show it paid $10.57 million in pokie revenue to West Auckland causes last year. Clow stands firmly by the claim that 97 per cent of the cash raised out West is returned to the West. He should know. As president of the Portage trust he is responsible for making the recommendations to TTCF on how money raised in its venues should be spent. Given he is also chairman of TTCF, Clow could be accused of making recommendations to himself. He defends the system as a sound way of making sure the money goes to the right places and insists he recuses himself when TTCF votes on Portage’s recommendations.

Tamihere disputes figures surrounding the return of money to West Auckland, but says he won’t be able to prove his case until he gets access to the trusts’ full accounts. “If I have to go to the High Court to break it open I will,” he says. “There is something not right here. I know my community. There is nothing like that being spent out here.”

Then there is the question of who really distributes the money. For years statements issued by the liquor licensing trusts have indicated the money comes from them. It doesn’t. It comes from TTCF, which is a separate financial entity.
Read more

Related Posts and Comments:
10.10.13 Whistleblowers’ message heard ??! #OtagoRacingClub #pokierorts
1.8.13 Politicians keeping DIA/SFO quiet on ORFU and TTCF #pokierorts
21.2.13 DIA, SFO investigation #pokierorts
11.11.12 Department of Internal Affairs #pokierorts #coverup #TTCF
25.7.12 Martin Legge backgrounds TTCF (pokie trust) and Portage and Waitakere Licensing Trusts #DIA

For more, enter terms such as *pokies*, *pokierorts*, *dia*, *sfo* or *ttcf* in the search box at right.

Posted by Elizabeth Kerr

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Whistleblowers’ message heard ??! #OtagoRacingClub #pokierorts

### ODT Online Thu, 10 Oct 2013
Racing: ‘Sound’ result for Otago RC despite difficult circumstances
By Matt Smith
Otago Racing Club president Dean Lawrence has one request for this season – a little less rain, please. Lawrence, who was re-elected unopposed as president at the club’s annual meeting last night, rued the bad weather which plagued the first half of his maiden tenure as he presented his annual report to the committee at Wingatui last night. The loss of a race meeting due to bad weather at the start of last season got the club’s season off on the wrong foot and the bad luck continued with wet and cold conditions on Melbourne Cup day and Boxing Day, Lawrence said.
Read more

Excerpt, ODT 10.10.13 (page 20):
ODT 10.10.13 Otago Racing Club (excerpt) page 20

Related Posts and Comments:
1.8.13 Politicians keeping DIA/SFO quiet on ORFU and TTCF #pokierorts
21.2.13 DIA, SFO investigation #pokierorts

For more, enter terms such as *pokies*, *pokierorts*, *dia* or *sfo* in the search box at right.

Posted by Elizabeth Kerr

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New Zealand rorts and sports —dependence on gambling and white collar crime

● Government ● Ministers ● Politicians ● Professonal Rugby ● Racing ● White-collar Crime ● Cover-ups ● Pokies ● Department of Internal Affairs ● Rorts ● Office of the Auditor General ● Organised Crime ● Pokie Trusts ● New Zealand Police ● Serious Fraud Office ● Missing Investigation Files

Losing gaming machine revenue would see many rugby clubs fold, while others would be forced to raise playing fees by up to 500 per cent.
Gambling revenue (2012): Rugby $23,192,037

### ODT Online Mon, 26 Aug 2013
Sports clubs feeding off gamblers
By Steve Deane – New Zealand Herald
Sport in New Zealand is propped up by around $180 million in gambling revenue each year, creating a cycle of dependency health experts have likened to big tobacco sponsorship. While proceeds from Lotto and a levy on TAB sports betting boost the bank balances of most national sports bodies and help fund high performance athletes, pokie gaming trusts are by far the biggest contributor.

Payouts in 2013 have taken the total pokie money contribution to sports funding past the billion-dollar mark over the last seven years.

In 2012 gaming machines contributed $134,202,165 across the sporting sector. The Lotteries grants board provided $41,585,084 – most of which went to Sport New Zealand and High Performance Sport New Zealand. The TAB contributed $3,886,198 to the major sporting associations. It’s money sports administrators say they can’t do without, with many predicting a decline in gambling revenue for their sport would result in children no longer being able to play. That claim has been rubbished by Australasia’s leading authority on gambling harm. APNZ
Read more

****

### stuff.co.nz Last updated 05:00 25/08/2013
$97k pokie deal ‘naked greed’
By Steve Kilgallon – Sunday Star-Times
A controversial pokie trust paid out nearly $100,000 to a racing group to buy a small piece of racetrack from one of its own club members. The grant made to Gallop South – thoroughbred racing’s umbrella body for Southland and Otago – was then paid to the Oamaru Jockey Club to buy a section of the Oamaru racecourse.

The move has been slammed by industry sources as “pure naked greed” and a “desperate way” to grab pokie funds.

The grant was made by The Trusts Community Foundation (formerly the Trusts Charitable Foundation), subject of several critical stories by the Sunday Star-Times, including its close relationships and multimillion-dollar grant funding of the racing industry. One source close to TTCF said it was a clear case of racing interests “coming up with desperate ways to rort gaming funds with the tacit aproval of an ineffective regulator”.
Read more

Related Post and Comments:
21.2.13 DIA, SFO investigation #pokierorts

Russell Garbutt— “It is surely more than a passing interest regarding the latest TTCF rort, and it is illuminating that the DIA are not investigating.”
(Read more)

Martin Legge— “Worse still this grant was approved in 2011, at the very time TTCF were supposedly under serious investigation by both DIA and OAG.”
(Read more)

█ For more, enter the terms *orfu*, *dia*, *pokie*, *ttcf*, *oag*, *sfo* or *whistleblower* in the search box at right.

Posted by Elizabeth Kerr

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Politicians keeping DIA/SFO quiet on ORFU and TTCF #pokierorts

● 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

Updated post 7.4.14

Multimillion-dollar pokie scams just won’t go away.

ORFU logoDIA/SFO parade their joint investigations in the media at the same time they appear to avoid TTCF. Why? Remember it was our own ORFU that started the Jokers rorts in 2005 – they bought the Jokers Bars in Auckland and after 18 months sold a 50% stake in Jokers to Mike O’Brien and Harness Racing interests.

It seems Rugby has total immunity in New Zealand, as do Licensing trusts, and on that basis TTCF are just too big to fail.

SITE NOTICE
A post made by Sheriff (Leo Molloy) published at racecafe.co.nz on 30 July 2013 – 06:57 PM was subsequently removed from that site.
On 1 August 2013 Sheriff’s post was reproduced here by Elizabeth Kerr, and accompanied by comments.
What if? Dunedin was made aware of the following today – this post has been updated to remove derogatory content. What if? Dunedin and Elizabeth Kerr apologise unreservedly to Greg Purcell, Chief Executive of New Zealand Thoroughbred Racing, for any offence or distress caused.

7 April 2014

Mr Purcell writes:

“On 3 December 2014, the Wellington District Court (with Mr Molloy’s consent) issued an Order under the Harassment Act.

The court order sets out a series of conditions including that Mr Molloy cannot publish or caused to be published or retain online any statements concerning or about me [Greg Purcell]. You will note that the offending material about me has been removed from the Racecafe website, including the posts which you have republished.

You may be aware that on 20 December 2013 Mr Molloy published an apology to me, stating:

“Over the past three years I have made a number of comments and statements on the Race Cafe website about you and others which have been offensive, insulting or abusive.

Some of my comments have said, or implied, that you are corrupt, fraudulent or dishonest.

I acknowledge and accept that is not the case.

I am sorry that I made these statements and regret any hurt or distress that this has caused. As you know, I am in the process of withdrawing them from the website and have undertaken to stop making such statements in the future.

I fully and sincerely apologise to you for making them.

Yours sincerely,

Leo Molloy””

Related Posts and Comments:
29.6.13 Audit NZ and OAG clean bill of health —Suspicious!
7.6.13 Peter Dunne, undone
31.3.13 DIA and OAG stuff up bigtime #pokierorts
21.2.13 DIA, SFO investigation #pokierorts
11.2.13 Recognising whistleblowers
7.2.13 DIA not releasing report #ORFU #NZRU #pokierorts
24.1.13 Pike River, Department of Internal Affairs #skippingthebusiness
30.12.12 Internal Affairs is a whole other planet #whitecollarcrime #DIArorts
18.11.12 Martin Legge: DIA audit criticism #pokierorts #coverup
13.11.12 Martin Legge replies to Sunday Star-Times story…
26.10.12 Department of Internal Affairs (DIA) – CULPABLE #pokierorts
3.10.12 DScene: Russell Garbutt seeks DIA file to Crown Law #pokierorts
27.8.12 DIA’s political cover-up of TTCF and ORFU rorts
12.8.12 DIA reshuffle: new investigation teams, money laundering, criticism
25.7.12 Martin Legge backgrounds TTCF (pokie trust) and Portage and…
15.7.12 Martin Legge responds to media stories on Murray Acklin, TTCF…
3.6.12 Sunday Star Times: Stadium story: any sliced bread in the murk?
26.5.12 DIA media release
22.4.12 DIA, OAG, TTCF and Otago Rugby swim below the line

Posted by Elizabeth Kerr

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DCC / DCHL shake up !!!

Bevan Dodds [odt.co.nz] 1### ODT Online Wed, 24 Jul 2013
Top job to go at DCHL
By Chris Morris
Dunedin City Holdings Ltd chief executive Bevan Dodds is to lose his job as the Dunedin City Council tightens its grip on the financial affairs of its companies. The change – and the recruitment of a new group chief financial officer to oversee both organisations’ finances – was part of management restructuring unveiled yesterday by council chief executive Paul Orders. The new recruit would be part of the council’s executive management team, but would work closely with the council and DCHL to ensure a ”unified” understanding of the finances of both, Mr Orders said.
The change would help avoid surprises like the multimillion-dollar shortfall in dividend payments from DCHL to the council, which sent shockwaves through the council in 2011. It would also mean Mr Dodds’ role would be disestablished later this year, DCHL chairman Denham Shale confirmed. Mr Dodds would continue in his role in the meantime, but would not comment yesterday or say whether he planned to apply for the new role.
Mr Orders said the changes also represented a move away from an older ”silo-based approach to financial management” that split the council from its companies.
Read more

DCC corporate management structure: (via ODT)

Chief executive Paul Orders

Infrastructure and networks general manager Tony Avery, overseeing:
• Economic development and property (group manager Robert Clark)
• Water and waste (group manager [name removed 27.12.15])
• Transportation (acting group manager Graeme Hamilton)
• Parks, recreation and aquatics (group manager Mick Reece)

Services and development general manager Sue Bidrose, overseeing:
• Community and planning (group manager Nicola Pinfold)
• Arts and culture (group manager Bernie Hawke)
• Regulatory services (group manager Kevin Thompson)
• Customer Services Agency (manager Adrian Blair)

Corporate services group manager Sandy Graham, overseeing:
• ICT, communications, governance

Group chief financial officer (vacant)

Organisational development and performance manager (vacant)

****

Dunedin City Council – Media Release
New Management Structure Announced

This item was published on 23 Jul 2013.

The Dunedin City Council has put in place a new senior management structure to help strengthen the organisation so it is better equipped to face future challenges.

DCC Chief Executive Paul Orders says, “Following consultation with affected staff, the General Managers and I have set out a new structure we believe will address some of the ongoing challenges facing the organisation in the years ahead.”

A key change is the introduction of a new position of Group Chief Financial Officer (GCFO). This will replace the Council’s Chief Financial Officer (currently a vacant post), with the role expanded to include the provision of financial advice and support to the Board of DCHL. As part of that process, the position of Chief Executive of DCHL will be disestablished and the GCFO post will be publicly advertised.

Mr Orders says the management restructuring will mean little change for staff roles, but will change some reporting lines.

“My primary objective with this structure is to ensure a set of management arrangements which are fit for purpose. But they will also deliver a net saving of about $100,000 for the DCC. This is over and above the managerial savings previously delivered.”

The new structure includes a streamlining of functional areas and Group Managers reporting through to General Managers. To achieve this, a team of eight Group Managers has been established and will mostly be filled from existing activity managers from within Council.

The new structure also includes a new Organisational Development and Performance Manager. This will give more focus to the work being done on staff performance and development, and to enhance the reputation of the DCC as an employer of choice.

The new structure is designed to strengthen the co-ordination of financial management between the DCC and Dunedin City Holdings Limited (DCHL) and improve the DCC’s ability to respond in the areas of change management, performance management and organisational development.

A public recruitment process for new posts will begin shortly.

Contact Communications and Marketing Manager on 477 4000.

DCC Link

Related Posts and Comments:
12.7.13 Hudson, DCC (ex DCHL)
7.7.13 DCHL changes lack transparency —where’s the report, Shale?
30.10.12 DCHL ‘run by a bunch of fools’ -agreed
13.8.11 Ridding DCHL of conflicts of interest, Otago business monopoly ‘by director’, and other ghouls

For more, enter *dchl* or *dcc* in the search box at right.

Posted by Elizabeth Kerr

*Image: odt.co.nz – Bevan Dodds

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Leave Otago white collar criminals ALONE, and other unfairness

AnneTolley PaulaBennett [3news.co.nz + zimbio.com]Ministers: Anne Tolley & Paula Bennett

### ODT Online Mon, 15 Jul 2013
Proceeds of crime forfeited
By Hamish McNeilly
Police have seized millions of dollars worth of assets – including almost $1 million from criminals in Otago and Southland – since a tough new law came into force. The Criminal Proceeds (Recovery) Act took effect on December 1, 2009. Assets worth an estimated $29 million have been forfeited, including cash ($10.48 million), properties ($13.67 million) and vehicles ($2 million). […] Figures released to the ODT under the Official Information Act show 14 assets with an estimated value of $862,105.22 have been forfeited in the Southern district.
Read more

● Whereabouts of Michael Swann assets?
People can contact Dunedin police on (03) 471-4800 or via the anonymous Crimestoppers line, 0800-555-111.

Posted by Elizabeth Kerr

*Images: 3news.co.nz – Anne Tolley, zimbio.com – Paula Bennett

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DCHL changes lack transparency —where’s the report, Shale?

Calvin Oaten draws attention to this advertisement appearing in the Business section today:

SST 7.7.13 DCHL advert for directors (page D7) 1

Earlier comment:

Elizabeth
Submitted on 2013/06/20 at 5:44 pm

Calvin, I note the DCHL ‘shake-up’ restructuring plan is very slow to surface. Why? Perhaps Mr Denham Shale and Mr Bill Baylis are not aware of the need for public accountability and transparency. We have been waiting MONTHS and MONTHS for their information.

In August 2011 the Dunedin City Council voted to accept radical recommendations in the previously confidential Warren Larsen Report (released 11.8.11) that slams governance of Dunedin City Holdings Ltd (DCHL), the council’s holdings company.

Warren Larsen Report (PDF, 3.9 MB)
Governance review of all companies in which Dunedin City Council and/or Dunedin City Holdings Limited has an equity interest of 50% or more.

Related Post and Comments:
27.6.13 State of the City —DCC or Dunedin?
22.5.13 Dunedin mayoralty and the Q-town heavies
13.8.11 Ridding DCHL of conflicts of interest, Otago business monopoly ‘by director’, and other ghouls

For more, enter *dchl*, *dcc*, or *dvml* in the search box at right.

Posted by Elizabeth Kerr

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SFO investigates Taupo District Council

### stuff.co.nz Last updated 16:49 17/06/2013
SFO investigates Taupo District Council
By Mike Watson – Waikato Times
The Serious Fraud Office has launched an investigation into alleged fraud at the Taupo District Council but would not reveal the reason for the inquiry. SFO acting chief executive Simon McArley today confirmed the agency was investigating the council after a complaint had been lodged.
“We have received complaints in matters relating to Taupo District Council,” Mr McArley said. “The SFO is continuing its investigation of those matters but is unable to provide any further detail in relation to them at this time.”
Stuff Link

****

### rotoruadailypost.co.nz 18 Jun 2013 11:45 AM Updated: 1:25 PM
Update: SFO investigating Taupo District Council
By Laurilee McMichael
Taupo Mayor Rick Cooper says he’s aghast, shattered and stunned at news the Taupo District Council is being investigated by the Serious Fraud Office. Mr Cooper said he doesn’t know what the alleged fraud is in relation to or who it involves but said it’s definitely not him. However he’s challenging whoever made the complaint or complaints to “put up or shut up” and notes that there is a local government election in October. He believes there’s a vendetta against the council and that people are trying to manipulate public opinion.

Mr Cooper and the Taupo district councillors were informed last week the SFO had launched an investigation but were given no more detail.

The SFO focuses on serious or complex fraud in which there are multiple victims, the sum of money lost exceeds $2 million, or has significant legal or financial complexity beyond the resources of most other law enforcement agencies. Its brief includes bribery and corruption crimes involving public officials.
Read more

Posted by Elizabeth Kerr

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Peter Dunne, undone

● 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

Fairfax Media journalist Andrea Vance broke the story.

Peter Dunne [Parliament]### stuff.co.nz June 7 2013, updated 6:25pm
Dunne: I considered leaking, but didn’t
United Future founder resigns as Government Minister after the release of a report into the leaking of a GCSB review.
| Read the leak report | Read the GCSB review | United Future deregistered | Photos | Video

### ODT Online Fri, 7 Jun 2013
Dunne resigns as minister
By Claire Trevett – NZ Herald
United Future leader Peter Dunne has resigned as a Minister after he was found to have withheld information from an inquiry into a leak of a GCSB report.
Read more

Mr Key said he had told Mr Dunne he was “very shocked” by the Henry [GCSB] report.

Related Posts and Comments:
11.2.13 Recognising whistleblowers
24.1.13 Pike River, Department of Internal Affairs #skippingthebusiness
30.12.12 Internal Affairs is a whole other planet #whitecollarcrime #DIArorts
18.11.12 Martin Legge: DIA audit criticism #pokierorts #coverup
11.11.12 Department of Internal Affairs #pokierorts #coverup #TTCF
3.10.12 DScene: Russell Garbutt seeks DIA file to Crown Law #pokierorts
15.8.12 Keeping ORFU sweet [email]
29.5.12 Asset sales (remember the days)
19.4.12 Auckland convention centre and 500 new gaming machines, or Hillside?
26.10.11 2011 Voices of Poverty: Research into poverty in Dunedin
5.3.10 Another National bugle boy: Dunne on stadium

Posted by Elizabeth Kerr

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Carisbrook: Auditor-General #fails Dunedin residents and ratepayers

Dunedin residents Bev Butler and Russell Garbutt each sought an inquiry into the Carisbrook deals.

(see my comment and other comments received)

### ODT Online Tue, 28 May 2013
No Carisbrook inquiry, auditor says
By Chris Morris
The Dunedin City Council’s possible multimillion-dollar loss from the sale of Carisbrook does not warrant an investigation, the Office of the Auditor-general says.

”We do not regard the purchase and disposal as raising issues that relate to our Delta inquiry, which is focused on the property investment actions of a council subsidiary.”

OAG staff have confirmed that there will be no investigation of the council’s purchase, and pending sale, of Carisbrook properties, which could end up costing the council more than $4 million. That followed two separate requests received by the office in February, asking for the Carisbrook deal to be added to a wider OAG investigation of land purchases by council-owned company Delta. An OAG statement yesterday said the decision not to proceed came after reviewing council documents, which showed the issue ”does not warrant further inquiry”.
Read more

Related Post and Comments:
15.2.13 Carisbrook: Call for OAG investigation into DCC / ORFU deals

Posted by Elizabeth Kerr

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Public Service and Integrity —Sunday Morning, RNZ National

Updated Post 7.4.13

Radio New Zealand National
Sunday Morning with Chris Laidlaw
Listen on 101 FM or online at radionz.co.nz
Link to Twitter page from their website: http://www.radionz.co.nz/sunday

7 April 2013
8:43 Suzanne Snively – Public Service and Integrity

The New Zealand public sector has long enjoyed a reputation as one of the least corrupt in the world. Suzanne Snively, from anti-corruption watchdog Transparency International NZ, talks to Chris about the 100th anniversary of this country’s Public Service Act – its importance to our democracy and how it affects the lives of all New Zealanders. (16′33″)
Audio | Download: Ogg Vorbis MP3 | Embed

Related Post:
16.6.11 “Dunedin” – we introduce Transparency International UK

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Department of Internal Affairs and Office of the Auditor-general stuff up bigtime #pokierorts

● 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

### stuff.co.nz Last updated 05:00 31/03/2013
Bungling officials squander whistleblower’s pokies help
By Steve Kilgallon
Internal Affairs investigators lost a vital file in their own office for nearly two years – and delivered a report on the allegations it contained by incorrectly guessing at its contents.

Internal Affairs insists the material did make its way to the inquiry team working on its biggest-ever case, the $30 million Operation Chestnut probe into pokies grants, run in conjunction with the Serious Fraud Office.

Martin Legge, the whistleblower who provided the information to Internal Affairs, said the SFO’s lead investigator on the case told him he’d never heard of him, nor seen his information. The file related to Auckland pub Jokers, potential ownership interests in the pub by the Otago Rugby Union and harness racing, and grants made to the two bodies. It also mentioned racing trainer and publican Mike O’Brien, who is central to Operation Chestnut. Legge handed over thousands of documents between September and November 2010 that provided a series of revelations about his former employer, Trusts Charitable Foundation (now Trusts Community Foundation).

In June 2012, dismayed at the department’s failure to act on his information, Legge asked for their return. Documents released under the Official Information Act show the request prompted a scramble in the department to find one particular file. The query bounced around seven staff and one email simply said: “So where is the file?”

When it was found, the original investigator, David Bermingham, who was removed from the case in late 2010, was flown from Christchurch to Wellington solely to confirm it was the right one. “It was like they had just found it on someone’s desk,” Bermingham told the Sunday Star-Times. Bermingham said he had long suspected the file was missing. “It became evidently clear that they didn’t have the file . . . I’m very confused how they were able to conduct an investigation without that file, certainly not a thorough one.”
Read more

Related Posts and Comments:
21.2.13 DIA, SFO investigation #pokierorts
7.2.13 DIA not releasing report #ORFU #NZRU #pokierorts
24.1.13 Pike River, Department of Internal Affairs #skippingthebusiness
30.12.12 Internal Affairs is a whole other planet #whitecollarcrime #DIArorts
18.11.12 Martin Legge: DIA audit criticism #pokierorts #coverup
13.11.12 Martin Legge replies to Sunday Star-Times story #DIA #coverup
11.11.12 Department of Internal Affairs #pokierorts #coverup #TTCF
26.10.12 Department of Internal Affairs (DIA) – CULPABLE #pokierorts
24.10.12 Bad press for ORFU -NZ Herald
3.10.12 DScene: Russell Garbutt seeks DIA file to Crown Law #pokierorts
15.9.12 Martin Legge responds to NZ Herald news
27.8.12 DIA’s political cover-up of TTCF and ORFU rorts
22.8.12 Martin Legge releases emails to Dunedin community #ORFU
15.8.12 Keeping ORFU sweet [email]
12.8.12 DIA reshuffle: new investigation teams, money laundering, criticism
28.7.12 Pokie fraud: ODT fails to notice own backyard
25.7.12 Martin Legge backgrounds TTCF (pokie trust) and Portage and Waitakere Licensing Trusts #DIA
15.7.12 Martin Legge responds to media stories on Murray Acklin, TTCF and DIA
26.6.12 Department of Internal Affairs, ORFU, Centre of Excellence for Amateur Sport, and TTCF
22.6.12 Connections: ORFU and local harness racing
5.6.12 The Gambling (Gambling Harm Reduction) Amendment Bill
15.3.12 ORFU should be subject to full forensic investigation

Media Links:
25.6.12 http://itsabigfatlie.blogspot.co.nz/2012/06/richard-boock-sunday-star-times-24612.html
2.6.12 http://www.odt.co.nz/news/national/211666/determined-clean-sector
2.6.12 http://www.odt.co.nz/news/dunedin/211669/internal-affairs-investigate-orfu-pokies
2.6.12 http://www.odt.co.nz/news/national/211671/mps-query-sees-all-hell-break-loose
29.5.12 http://www.odt.co.nz/sport/rugby/211018/rugby-financial-troubleshooter-warns-job-not-over
23.5.12 http://www.odt.co.nz/news/dunedin/210293/grants-meant-amateur-rugby-used-pay-orfu-creditors
3.5.12 http://www.stuff.co.nz/sport/7038067/Stadium-plans-met-with-scorn
3.5.12 http://www.odt.co.nz/news/dunedin/207787/dinner-profits-went-day-day-costs
2.5.12 http://www.odt.co.nz/news/dunedin/207653/orfu-unpaid-bill-obscene
1.5.12 http://www.odt.co.nz/news/dunedin/207473/small-creditors-get-their-money-back-orfu
23.4.12 http://thestandard.org.nz/gaming-industry-whistleblower/
22.4.12 http://www.stuff.co.nz/national/crime/6785852/The-inside-man

Posted by Elizabeth Kerr

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Carisbrook: Cr Vandervis elaborates

Comment received. See previous post.

DScene’s article today seems to have missed most points.
Feel free to use any of this email.

Cheers,
Lee

—— Forwarded Message
From: Lee Vandervis
Date: Mon, 04 Mar 2013 12:26:37 +1300
To: Wilma McCorkindale , EditorDscene
Conversation: Carisbrook offers.
Subject: FW: Carisbrook offers.

Hi Wilma and Mike,

I have sent and resent this email as below, and still have no response.
The 15 questions I had of the original deficient and leading Carisbrook Property report have been deleted below because they quote extensively from a non-public report.
What has been made public is the original report claim by DCC staff that ratepayers would only lose $100,000 on the proposed deal. This appalling untruth was ‘corrected’ as a result of my questioning of the report in a new set of figures so that we now know that the deal will result in losses of many millions. Just how many millions remains to be seen, and also depends on whether all the costs associated with purchasing Carisbrook and bailing out the ORFU are included.
I sent Bev Butler’s summation of losses as reported to staff for comment [as below] but have had no response to that either.

Councillors have a history of making bad enough decisions without staff giving them false figures and misleading reports on which to make decisions.
Strong evidence of other agendas and insupportable spin in much of our paperwork [the attempted Crematorium sale, and the Citibus sale were memorable examples] worsen a climate of distrust at the DCC and make reading masses of paperwork an exhausting suspicion-laden process.
Significant staff re-structuring is necessary if we are to change what has been a too long established culture of the DCC bureaucratic tail wagging the elected dog.

Kind regards,
Lee

—— Forwarded Message
From: Lee Vandervis
Date: Wed, 27 Feb 2013 13:55:28 +1300
To: Mayor Cull
Cc: Paul Orders , Sue Bidrose , Sandy Graham
Conversation: Carisbrook offers.
Subject: Re: Carisbrook offers.

Resent 27/02/13.

On 22/02/13 2:33 PM, “Lee Vandervis” wrote:

Dear Dave,

My extreme disappointment in staff misrepresentation of the Carisbrook offers [see initial questions asked of original leading report below] continues with the daily dissemination of apparently motion 4 “That the CE be authorized to work with the purchaser on a suitable media statement.”

In particular, your statement reported in the DScene that “There are details in there but as far as I’m concerned its a sale” is not factual. At best this agreement is for an option on Carisbrook in favour of Calder Stewart.
An option is very far from a sale.
You go on to add that “Many sales of property have conditions and this one is no different from that”. In fact this option agreement is different from most sales of property in that the purchaser does not have to put up any money, has no obligations and effectively is given 4 months to carry out an on-sale process which ratepayers have already paid [City Property] in the first instance, and Colliers Realtors subsequently to undertake. The 4 month due diligence period with no cash or obligation on the part of the option-holder is very unusual, especially when I have subsequently been advised that Calder Stewart were recently chased for this deal and had not even got round to viewing the property prior. After so many years why the sudden rush?

I have posed many Carisbrook proposal questions, some of which remain unanswered.
In particular, I still do not know if Murrayfield St is part of the Calder Stewart option, despite twice asking Robert [Clark].
I have had no explanation for the nature of the $200,000 value accruing to ratepayers from a rapid 6 month demolition, especially given the years of sales process procrastination.
I do not know whether all Carisbrook holding costs have been fully detailed – eg costs of valuations [I believe there have now been 3 of these] marketing costs etc.
I am still waiting to see all the valuations which ratepayers have paid for, for Carisbrook.

To date I have refrained from correcting public misrepresentations of the Carisbrook offer process, but continuing misrepresentation not only deceives the public but makes me complicit in this deception.
In my opinion immediate public release of all related documents is now necessary, given that most of it has been leaked anyway.
If this is not to happen, I feel duty bound to ratepayers to make correcting public statements and to explain my apparent inaction regarding this unfortunate spawn of misrepresentation.

Looking forward to any suggestions you may have.

Kind regards,
Lee

—— Forwarded Message
From: Lee Vandervis
Date: Fri, 22 Feb 2013 13:06:17 +1300
To: Paul Orders , Sue Bidrose , Sandy Graham
Conversation: Carisbrook sale?
Subject: Carisbrook sale?

Hi Guys,

Have you all seen this on What If, and can you dispute any of the figures?

Cheers,
Lee

Bev Butler
February 20, 2013 at 8:43 am
The Mayor seems confused over the $2m loan.
Maybe the figures below may clear things up.
They are as close as I can get based on the information in the media – there may be some slight discrepancies give or take a few hundred thousand.

Costs to DCC ratepayers for ORFU loan and Carisbrook
$2m loan to ORFU
$7m purchase of Carisbrook
$860,000 debt servicing, rates, electricity
$480,000 ORFU rent that was never paid to DCC and DVML (includes unpaid bill for ORFU booze up)
$250,000 contamination cleanup of carpark
$60,000 undisclosed?
TOTAL: $10,650,000 cost/debt

Payments received to date
$2m loan repayment
$727,000 sale of half carpark
$692,000 sale of houses
TOTAL: $3,419,000

TOTAL LOSS TO DATE: $7,231,000

It has been reported that a conditional agreement exists for Calder Stewart to buy Carisbrook for $3.3m. It has also been reported that the DCC will be involved in the development and that more money will be required by DCC.
Until details of the conditional agreement are released the public will not know how much of the $3.3m the DCC will eventually receive.

The minimum loss on Carisbrook is already over $4m but potentially may end up over $7m!

Bev Butler
February 20, 2013 at 10:42 am
Four months ago (9/11/12 see link below) it was reported in the ODT that the sale of Carisbrook would cover the $7m+ debt. Robert Clark went further than this claiming they hoped to make a profit. Where things stand at the moment the council has lost over $7m on the ORFU ‘deal’ and depending on how much cash Calder Stewart comes up with the so-called ‘deal’ will not be reduced below a $4m loss. This is why Russell and I have approached the Auditor General’s Office. How can a $7m registered valuation result in a minimum $4m loss and potentially be higher than $7m?

http://www.odt.co.nz/news/dunedin/233986/hopes-sale-carisbrook
Asked if he [Robert Clark] hoped the sale of Carisbrook, once complete, would cover whatever debt remained, Mr Clark said: “I’m looking to achieve more than that.”

—— End of Forwarded Message

Posted by Elizabeth Kerr

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Carisbrook: Question obfuscating mayor and council #rugby

Carisbrook 3newsImage: 3news.co.nz

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http://fairfaxmedia.newspaperdirect.com/

### DScene 6 Mar 2013
Rant or rave – your say (page 7)
All sport, no balls
DScene (27/2/13) asks: ‘Who will be accountable for ratepayers stumping up $7m to buy Carisbrook when a documented valuation put the historic sports ground’s value at $2.5m?’
The simple answer, according to Mayor Dave Cull, is, ‘no one’.
Dave Cull has no concerns that the later, more upbeat valuation of $7m – designed to eliminate the ORFU’s debt and the burden of owning Carisbrook – was a commercial connivance done, on behalf of the ORFU, by the DCC. Isn’t it the job of the Mayor and his council to protect public money on behalf of all our citizens?
Isn’t it their job not to be cowered by a powerful cabal, protecting its own interests, above those of the whole city? Are we now hostages to threats of causing the financial ruin of Otago rugby, and the stadium, if we don’t provide an open cheque book, ad infinitum?
The council, despite having an observer on the ORFU, and having a continuing role in underwriting the financial future of the ORFU/ stadium, is still not privy to any ‘opening of the books’ by the ORFU, for public scrutiny, under the guise of ‘commercial sensitivity’. We pay up on trust.
It’s about time we all stood up to the council and demanded an end to this ongoing rort. Otherwise we only have ourselves to blame for a deteriorating financial system that ultimately we all pay for through our rates.
I urge Dave Cull and his council to get some testicular fortitude and stand up for us.
Peter Attwooll, City Rise
#bookmark

### DScene 6 Mar 2013
Questions over Carisbrook (page 3)
By Wilma McCorkindale
Dunedin city councillor Lee Vandervis has demanded satisfaction regarding what he describes as repeatedly unanswered questions surrounding the sale of Carisbrook. Vandervis remains livid that figures in a Carisbrook property report to the last council meeting had to be rewritten at the eleventh hour because they were deficient. He said he still had questions around the figures and had submitted them to staff and mayor Dave Cull many times. ‘‘And I haven’t got answers to all of them yet.’’ On top of that Vandervis was concerned about statements Cull was making in the media about the sale of Carisbrook. Vandervis disagreed with some of the perceptions Cull was giving. Cull rejected the criticisms. Figures in the Carisbrook report had not been incorrect, rather incomplete, he said.
{continues} #bookmark

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