ORFU: Black-tie dinner, theft or fraud?

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

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

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

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

Wednesday 19th March 2014

Dear Steve

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

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

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

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

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

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

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

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

Yours sincerely
Bev Butler

Previous letter to Steve Tew deleted, read it here

[ends]

*Link to source

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

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

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Posted by Elizabeth Kerr

ORFU: Black-tie dinner on ratepayers

Correspondence received.
Monday, 17 March 2014 9:28 a.m.

From: Bev Butler
To: Steve Tew [NZRU]; Doug Harvie [ORFU]
CC: Steve Hepburn [ODT]; Rebecca Fox [ODT]; Murray Kirkness [ODT]; Ian Telfer [RNZ]
Subject: FW: ORFU board responsible for paying the black tie dinner bill
Date: Mon, 17 Mar 2014 09:26:55 +1300

Monday 17th March 2014

Dear Steve

It is a while since we corresponded and Doug [Harvie] has indicated he doesn’t intend to respond any further (always best to keep the lines of communication open when in a leadership role) so thought I would let you in on the current situation of the ORFU.
Please read from the bottom up and then read the rest of this email.

Either Doug doesn’t fully appreciate the situation or is just hoping the issue will go away.
Let me explain the situation from a different perspective so that both you and Doug may have a deeper understanding of the full implications.

Let’s say that you and Doug decide to borrow a considerable amount of money to build a new restaurant with a state of the art glass roof. Absolutely stunning – is going to be just wonderful for me to conduct my business dealings there. Just days after your restaurant opens I come along and make a booking for 350 guests. Unfortunately, my business hasn’t been going that well so am using your new restaurant to have a fund-raising dinner. I employ one of my close friends, Elly-May, to organise the dinner for my business. She sells tickets for this dinner for $250 each. Now 350 guests at $250 each is $87,500. You charge me about $75 per guest – a total of about $26,000. Now after the event I pay my close friend Elly-May about $10,000 and have a few other expenses which leave me with a ‘profit’ of $52,000. BUT instead of paying you the $26,000 I put the lot in my ‘pot’ and cry that I’m poor. You and Doug were such wonderful hosts, our guests were well fed, plenty of booze and cleaned up after us. Thanks for that.

One of your colleagues gets a bit shirty and accuses me of being dishonest. How dare him [sic]. I just wanted to spend the money on something else – I had other bills to pay even though my 350 guests were under the impression they were paying for the night out I just wanted to use the money for something else. Done it before – ask Jeremy Curragh. Well. I have some very important friends, you know. So I get them to sue him for defamation. Felt good when your colleague had to apologise.

Do you really think I have acted honestly and with integrity?

Now do you understand why the Dunedin ratepayers are still angry about this?
I am still being approached by people (as recently as yesterday – some of them rugby coaches) upset by the ORFU’s actions.

I suggest you two have a chat and do the right thing and pay this bill now that the ORFU have announced a ‘profit’ for the year. Someone needs to show some leadership over this. The Dunedin community deserve better. Personally I believe you have a moral obligation to pay this bill and set this wrong right. It is but a small gesture for the many indiscretions perpetrated by the ORFU on the Dunedin community.
Some people in the Dunedin community think that the ORFU are rotten to the core but I don’t actually agree with them. I am an optimist at heart and believe that there is human decency in everyone. In the ORFU’s case it just requires a bit of deeper prodding.

The ORFU have a moral obligation to show some human decency and pay this bill. It is a matter of principle. I will not be silenced on this. You have my word on that.

Yours sincerely
Bev Butler

—————————–

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

Dear Doug

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

Yours sincerely
Bev Butler

—————————–

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

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

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

D J Harvie

Partner
Harvie Green Wyatt

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

—————————–

From: Bev Butler
Sent: Friday, 14 March 2014 7:32 a.m.
To: Doug Harvie [ORFU]
Cc: Steve Hepburn [ODT]
Subject: ORFU board responsible for paying the black tie dinner bill

Friday 14th March 2014

Dear Doug

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

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

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

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

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

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

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

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

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

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

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

Yours sincerely

Bev Butler

[ends]

—

Posted by Elizabeth Kerr

Mayoral DISGRACE: DCC won’t ask ORFU to repay $480K bailout

█ Related Posts and Comments:
14.3.14 ORFU flush to pay creditors

The Otago Rugby Football Union has recorded a $406,800 profit, just over two years after it faced going out of business because of debts of more than $2 million. The union now has reserves of more than $500,000, and is predicting a small profit for the coming year. […] When asked whether the union would consider repaying some creditors who lost money when the deal was agreed to save the union from liquidation, Union chairman Doug Harvie said that would not happen. (ODT 14.3.14)

24.5.12 ORFU board announced

The recovery package involved the NZRU providing a long term loan for working capital of $500,000 and Dunedin City Council writing off debt of $480,000. In addition, costs have been cut and additional sponsorship arranged. […] Almost $500,000 has been raised to allow the union to settle with creditors. A total of 156 non-profit organisations and other creditors who are all owed less than $5,000 will be paid in full. The remaining 24 creditors will be repaid the first $5,000 and half of what they are owed above that. The repayments are due to be made by the end of the month. (ODT 24.5.12)

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Copy received. ODT 15.3.14 (page 14)

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

http://www.odt.co.nz/news/dunedin/295236/council-will-not-welsh-deal

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Posted by Elizabeth Kerr

ORFU flush to pay creditors

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

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

****

Correspondence received.

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

Friday 14th March 2014

Dear Doug

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

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

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

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

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

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

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

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

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

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

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

Yours sincerely

Bev Butler

——————————

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

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

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

D J Harvie
Partner

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

——————————

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

Dear Doug

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

Yours sincerely
Bev Butler

[ends]

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

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Posted by Elizabeth Kerr

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)

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### 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

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

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Posted by Elizabeth Kerr

Turkey. Cull.

http://www.odt.co.nz/news/dunedin/228055/mayor-apologises-ex-orfu-bosses

As noted in a lead up post, the f****** gave into Mains and Graham, the twerps who didn’t want DCC or the general public to see into ORFU’s books.

The ‘full’ story in tomorrow’s ODT. Don’t bet on it if the DCC Spooks have anything to do with it.

Cull is OVER.

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Thanks for the following link, M

“I am however pleased that we can now put this behind us so that all concerned can continue to work together for the benefit of the city and citizens.” -Cull

### stuff.co.nz Last updated 20:45 28/09/2012
Ratepayers stung for mayor’s defamation
By Wilma McCorkindale
A defamation case against Dunedin Mayor Dave Cull has been settled out of court, with the city’s ratepayers stumping up $29,000 towards legal costs of two former board members of the cash strapped Otago Rugby Football Union. However, Cull has not admitted liability to the two men. Dunedin City Council released details of an out of court settlement between Cull and former ORFU chairman Wayne Graham and board member Laurie Mains after a request under the Local Government Official Information and Meetings Act. The pair filed for defamation after Cull’s comments on Radio New Zealand in March in the wake of the union’s financial crisis. The previous day Dunedin City Council had voted to forgive almost $500,000 owed to it by the ORFU as part of a controversial financial package designed to prevent the rugby union from going in to receivership.

Two councillors — Lee Vandervis and Fliss Butcher — voted against the payment.
Read more + Cull’s Letter

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Related Posts and Comments:
24.7.12 Defamation, word is
26.6.12 Defamation
11.5.12 Dunedin shootout: mafia bosses

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Posted by Elizabeth Kerr