Operation Chestnut: DIA, SFO fluffing round the edges #TTCF #ORFU

“Operation Chestnut has been a significant investigation in the Class 4 sector and we’ve welcomed the opportunity to work in partnership with the SFO and OFCANZ.” –Maarten Quivooy, DIA

### NZ Herald Online 12:00 PM Monday Feb 2, 2015
Four in court charged with $30m pokie fraud
By Hamish Fletcher – Business reporter
A former chairman of Harness Racing New Zealand and three other people have been charged over an alleged $30 million pokie fraud. It is the biggest criminal case ever of its kind involving pokies outside of a casino. Four defendants have appeared in the Wellington District Court today over the alleged manipulation of grants which come from pokie machines, a Department of Internal Affairs spokeswoman said this morning. The defendants, charged by the Serious Fraud Office with obtaining by deception, are former HRNZ chairman Patrick O’Brien, his son Michael O’Brien, Paul Anthony Max and another person with interim name suppression. The alleged offending was uncovered during an investigation called Operation Chestnut which involved the DIA, SFO and the Organised and Financial Crime Agency of New Zealand.
Read more

*The name of the fourth defendant is known to What if? -Eds.

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Related Posts and Comments:
22.1.15 ORFU chairman quits —no thanks to DCC for all its help *sniff
31.12.13 Martin Legge: Operation Chestnut [DIA’s PR exercise]

█ For more, enter the terms *operation chestnut*, *pokies*, *legge*, *whistleblower*, *rorts*, *dia*, *sfo*, *ttcf*, *gambling*, *orfu*, *rugby*, *jokers* and *racing* in the search box at right.

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Posted by Elizabeth Kerr

Carisbrook Stadium Trust —were the trustees paid?

Supplied. The peculiar reply.
ODT 18.7.14 (page 16)

█ The CST continues to be registered as a charitable trust with the Charities Commission. What is the trust’s current work all about? Are the trustees still being paid? From which funding source?

For more information, enter *carisbrook* in the search box at right.

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Posted by Elizabeth Kerr

John Ward, no mention of stadium or CST trusteeship

The University of Otago chose to profile its chancellor, Invercargill’s John Ward, in the June 2014 issue of Otago Magazine (pages 22-24). Note Mr Ward omits to mention the Stadium, or his trusteeship on the Carisbrook Stadium (Charitable) Trust. Isn’t that funny. Well, he looks a bit pursed in the photograph anyway.

Source: http://www.otago.ac.nz/otagomagazine/otago072837.pdf
Thumbnail: Photo by Alan Dove

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Related Posts and Comments:
20.5.14 Tim Hunter on Ward, McLauchlan, Hayne #Highlanders
10.2.14 University of Otago major sponsor for Highlanders
31.5.13 University of Otago development plans

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Posted by Elizabeth Kerr

Carisbrook Stadium Trust: Financial statements for the year ended 30.6.13

Received via Bev Butler
Wednesday, 12 March 2014 1:48 p.m.

The CST’s latest financial accounts – link to full financial statements and a copy of the summary below [click to enlarge].

Source:
[enter in your browser] *Carisbrook Stadium CT 30.6.13 signed Accounts.pdf*

Download: Carisbrook Stadium CT 30.6.13 signed Accounts (PDF, 255 KB)

For more, enter the terms *cst*, *csct*, *carisbrook*, *charitable*, *trust*, or *farry* in the search box at right.

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Posted by Elizabeth Kerr

Carisbrook Stadium Trust: ‘Facts about the new Stadium’ (31.5.08)

Image: The Marketing Bureau

### dunedintv.co.nz February 24, 2014 – 7:16pm
Stadium proud of numbers despite opposition and projected losses
The Forsyth Barr Stadium is crowing over numbers through its gates, as the DCC debates a projected $1.4m loss for the facility.
Meanwhile, a stadium opponent is calling for reports from 2008 she says backed claims the stadium would run at a profit.
Ch39 Video

24 February 2014
Reports tabled at the meeting of the Dunedin City Council:

█ Report – Council – 24/02/2014 (PDF, 566.6 KB)
DVL Financials for the Six Months Ended 31 December 2013

█ Report – Council – 24/02/2014 (PDF, 638.8 KB)
DVML Financials for the Six Months Ended 31 December 2013

█ Report – Council – 24/02/2014 (PDF, 47.8 KB)
Statements of Intent – DCHL Group Plus DVL and DVML

█ Report – Council – 24/02/2014 (PDF, 276.4 KB)
Statements of Intent – Dunedin Venues Ltd

█ Report – Council – 24/02/2014 (PDF, 284.1 KB)
Statements of Intent – Dunedin Venues Management Ltd

Other reports

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Media Release
Bev Butler
Monday 24 February 2014

TIME FOR SOME PLAIN, HONEST ANSWERS

Dunedin ratepayers are being informed by Sir John Hansen, Chairman of both Dunedin Venues Management Ltd and Dunedin Venues Ltd, that the projected $10,000 operating profit forecast for 2014-15 is now forecast to be a $1,400,000 loss, with similar or even greater losses forecast in future years. He puts this staggering reversal in fortunes down to the reality of costs of running the stadium, and few events occurring at the stadium.

But even these revelations don’t tell the full story of this stadium debacle and financial scandal.

Accompanying the annual injection of well over $9 million to run the stadium, are all of the costs of servicing the debt to build the stadium. Because these costs reside within DVL, they are not reported on in the DVML forecasts.

However some very basic questions remain unanswered.

Readers of the Otago Daily Times will recall a full-page advertisement placed by the Carisbrook Stadium Trust on the 31st of May, 2008, at the time the stadium project was being considered. Headed up “The Facts about the new Stadium”, it said: “The stadium will be profitable. The funding target establishes a debt free stadium. On this basis the business plan for the stadium shows that it makes a profit. Unlike nearly all other Council owned facilities it will not need annual funding support. This assessment has been confirmed by two of New Zealand’s leading accountancy firms.”

These statements are unequivocal and cannot be misinterpreted.

Bev Butler has, for over a year, had an official request in to Mr Malcolm Farry, Chair of the Carisbrook Stadium Trust, to supply the names of those two leading accountancy firms and for the documentation supporting the validity of the claims to build a debt-free stadium and for it to run at an annual profit. Mr Farry has so far failed to deliver that information as required under the requirements of the LGOIMA.

“Mr Farry leaves me no choice but to submit an urgent complaint to the Office of the Ombudsman. There is no reason whatsoever why Mr Farry shouldn’t supply this information, if it exists. Mr Farry has breached the requirement under LGOIMA to supply this information,” said Bev Butler.

How much notice was taken by members of the public and those Councillors and others who were considering whether it made sense to build a new stadium? Perhaps hard to assess. But surely it must not be too hard for Mr Malcolm Farry to reveal to Dunedin ratepayers just how it was that they would have a debt-free stadium and an annual profit instead of a stadium that is millions in debt and costing ratepayers further millions in its staggering operational losses.

[ends]

[click to enlarge]

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Related Posts and Comments:
22.2.14 Carisbrook Stadium Trust costs
2.2.14 Stadium: ODT editorial (1.2.14) —Garbutt debunks myths
1.2.14 Stadium: ODT editorial (1.2.14) —“Palpable claptrap” says Oaten
27.1.14 Stadium: No 4 at interest.co.nz
24.1.14 Stadium: It came to pass . . .

For more, enter *cst*, *carisbrook stadium charitable trust*, *carisbrook stadium trust*, or *dvml* in the search box at left.

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Posted by Elizabeth Kerr

Carisbrook Stadium Trust costs

A 2009 cashflow report suggested the total trust and administration costs for CST for the project should be $3.7 million, but in the end they were $5.4 million. (PricewaterhouseCoopers)

### ODT Online Sat, 22 Feb 2014
Council payments to trust queried
By Debbie Porteous
A stadium opponent has questioned a series of historic administration cost payments from the Dunedin City Council to the trust in charge of the Forsyth Barr Stadium’s development. Bev Butler says it remains unclear what exactly the payments to the Carisbrook Stadium Trust (CST)*, mostly labelled ”trust costs”, were for. The payments, ranging from $40,000 to $80,000 a month, were made between 2007 and 2011.
Read more

*Properly known as the Carisbrook Stadium Charitable Trust (CSCT)

Related Post and Comments:
24.1.14 Stadium: It came to pass . . .

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[back file]
### ODT Online Mon, 12 May 2008
Stadium Trust heads to regions
By Hamish McNeilly
Representatives from the Carisbrook Stadium Trust will venture south this week, hoping to persuade people to not only support the project – but also pay for some of the Awatea St stadium. Trust chairman Malcolm Farry said the tour would be an opportunity to discuss the project and detail some of the packages available. Read more

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Posted by Elizabeth Kerr

*Image: scene.co.nz – Malcolm Farry (re-imaged by whatifdunedin)

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]

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

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Posted by Elizabeth Kerr