Tuesday, May 1, 2012

Grant McLachlan: Stop feeding the monster- Proven to be so true


Written in 2009 it pays to re read what Grant wrote.

NZ Herald
 The new Government has promised to review all spending under its control. What it should also consider is the size of the industry recommending the changes.
The ancient Greek philosopher Heraclitus once said that "the only constant is change". In New Zealand, the growth of civil servants and consultants advising government departments has grown at a greater rate than the Government's budget.
What's scary is that the government sector has seen growth greater than the economy. The two major parties in the past have been so diametrically opposed that changes have been frequent. New Governments have tried to make considerable changes during their first term and struggled to find uses for those extra staff for the rest of their period in office.
One of the arguments in favour of MMP was to involve more collaboration to smooth the tug-o-war changes between Labour and National-led Governments. Five MMP elections later, the number of people advising those decisionmakers has gobbled up chunks of Government surpluses.
Steve Maharey gained his profile by slamming a "culture of extravagance" within the Welfare Ministry. I once asked him whether his ministry had an exit strategy should he place all the unemployed into jobs.
His response was brief: "No." Two terms into his charge the country supposedly had the lowest unemployment in recent memory and yet the welfare budget continued to grow.
An administrative body needs the right incentives to achieve its goals. There is no point asking civil servants to plan their redundancy.
The worst part of our political system is its antagonism with the economic cycle. The last election saw the Labour-led Government booted out over red tape and waste during a period of considerable economic and government growth. The National-led Government inherited a bloated government sector at a time of imminent economic strife.
The last time our economy was this bad was after the 1987 crash. The political ramifications of economic reforms during worsening economic conditions meant the Government carried the can. As former US President Woodrow Wilson said: "If you want to make enemies, change something."
The risk that you run when making too many changes is that it creates an industry that tries to be self-sustaining.
The Resource Management Act and local government reforms were passed during a recession. While both reforms were meant to deregulate and streamline processes, those involved in the processes have managed to build a self-feeding monster.
Local governments say they have inherited more responsibility from central government regulations including "uniform" infrastructure, resource management and building codes. Why then is there so much inconsistency between the councils when trying to achieve similar goals?
Councils are often run by managers and elected officials who try to justify their existence. What looks better on a CV than a growing organisation? And what gets you re-elected - an arts festival or a sewage plant?
The growth of local government has resulted in fewer people taking responsibility. Unpopular decisions are often delegated to independent reviews, reports or committees.
The biggest problem I see in my industry is the self-interest of those advising local government. Why would a consultant planner try to streamline a district plan if it reduced their potential work? Recently, a planner quadrupled the size of a district plan and was recognised for "significant contributions" to the "practice of planning".
The differences between council processes can be vastly different. I've worked with one council which had a town planner authorised to make decisions. Another council only allowed a committee to make decisions while a third used big city consultants who made recommendations to a committee.
The town planner could give you a straight answer, the second council's staff shied away from giving any answers, and the consultants for the third council would be the ones asking superfluous questions.
The result of such disparity in accountability by the three councils is inconsistency of decision-making, a lack of transparency and increased risks. Time, cost and quality are the victims.
Councils lacking direction are breeding grounds for parasites. I've watched top lawyers and landscape architects take almost two years to design a poplar hedge between two neighbours.
I am disgusted by central and local government organisations' inability to rein in consultants who drag out processes during the economic downturn. What took one month during the building boom now for some reason takes more than six months.
Merging and purging of the civil sector will result in splurging by civil servants if they aren't given the right incentives to deliver value to those paying their salaries. The risk of not doing so is an industry of consultants larger than the civil servants they replaced.
* Grant McLachlan is a planner and lawyer.

"An absolute waste of time and money" NZ Justice victim Neal Summers


Neal Summers outside the Kaikohe Hotel in 2008. Photo / John Stone
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Neal Summers outside the Kaikohe Hotel in 2008. Photo / John Stone

What Neil did was not what the system expected- he never employed lawyers which is life blood of the justice system. Prosecutions and red tape are designed to suck the lifeblood out of the private sector. 

Pub's five-year smoking battle: 'An absolute waste of time and money'


"An absolute waste of time and money" is how a Kaikohe publican is describing a five-year legal stoush over claims he allowed smoking in his pub.
Kaikohe Hotel owner Neal Summers was prosecuted in 2008 under the then four-year-old Smokefree Environments Act banning smoking in enclosed public areas.
He was also hit with a record fine, $5800 plus $970 in court costs and fees.
However, two hearings, an appeal and many court appearances later, the case against him has been dropped.
Complaints over Mr Summers allowing smoking inside his hotel date back to 2007 but the prosecution, brought by the Ministry of Health, first reached the Kaikohe District Court in August 2008.
Mr Summers said he turned up at court at 9am on the day of the hearing and left an hour later when there was still no sign of ministry officials or lawyers. They arrived soon afterwards and the hearing went ahead without him, finding him guilty on all seven counts of failing to take all reasonable steps to prevent smoking inside the hotel.
The first Mr Summers knew of the outcome was when a radio station called to ask for comment about the record fine.
He took the case to the High Court at Whangarei, arguing proper process had not been followed when the hearing went ahead without him.
The High Court sent it back to Kaikohe in late 2009 for a re-hearing, and in 2011 a judge found Mr Summers guilty of six of the seven charges.
Mr Summers then requested the judge's ruling in writing, along with the reasons for arriving at his decision, but the judge suffered a stroke before he could write it up.
The ruling was eventually written up by another judge not present at the hearing, which Mr Summers said neither he nor the Crown accepted, sending the case back to square one and a possible third trail.
However, the case has now been dropped, with the Ministry of Health saying it had withdrawn the charges due to "an unreasonable time delay".
Acting deputy director-general Ashley Bloomfield said it was a unique situation beyond the control of either party.
"Since the prosecution, smokefree officers from Northland District Health Board have been monitoring the venue closely and have informed the ministry that the publican has been compliant with smokefree laws. The health board has also not received any further complaints," Dr Bloomfield said.
Mr Summers said the prosecution had been "an absolute waste of time and money". It had cost him thousands of dollars in legal fees and would have cost more if he had not represented himself. He had no idea what it had cost taxpayers but it was likely to be a significant amount.
It was a "damn shame" the Crown had convicted and fined him in 2008 when he was not present to defend himself.
At the time Mr Summers said his patrons did not smoke inside, but rolled their cigarettes indoors and placed them unlit in their mouths before heading outside - as was the custom in Kaikohe.
When patrons did light up inside, the law only required him to take all reasonable steps to stop them.
"I did that, short of having my arse kicked by a guy twice my size ... I'm not a bad guy, I'm just trying to run a business," Mr Summers said.
The smoking prosecution is not Mr Summers' only legal battle. He is currently fighting fines relating to driving his Segway on the footpath in Kaikohe and Kerikeri.
- NORTHERN ADVOCATE

New Zealand really is a sad dirty little hole of corruption


John Banks is the latest politician to be caught out by the mismatch of expectations between a high-profile business donor and a political recipient. Photo / Herald on Sunday

John Banks is the latest politician to be caught out by the mismatch of expectations between a high-profile business donor and a political recipient. Photo / Herald on Sunday

For years I have been warning New Zealanders their politicians are at the call of big business. I saw that with the Matakana Island saga. The defendants in that action had everyone from the retired deputy commissioner of police, a bus load of ex MP's, a train load of lawyers all with access into the heart of the power structures of the system. You may recall I smashed the defendants in the High Court and in the retrial but lost the appeals in judgements that read like pure fiction. Could I do anything about it- no ! Why not was I wrong- No! I am happy and willing and have proven the corruption anytime anywhere call me I will produce the reports. It's just the way corruption operates- total control of the power while the majority of the people get the crumbs.

And this is the problem with NZ. It's like a club- a group of mates who will ensure each is looked after, protected and only their team are allowed to do the deals. 

After I lost the appeals the defendant bank Far Financial then set up Lombard Finance and who got those jobs- Sir Douglas Graham et al the ex Minister of Treaty- 2 ex Ministers of Justice and Attorney General. Looking back I had no chance of winning- the endless conflicts of interest the secret business partnerships between opposing lawyers, the Privy judge John Henry and defence lawyer Alan Galbraith QC New Zealand really is a sad dirty little hole of corruption.

See-Should those who govern us owe us a duty of care? http://lawisanass-wingate.blogspot.com.au/2012/03/should-those-who-govern-us-owe-us-duty.html



And now a few words from the often silent NZ Herald.

Donations rules must be tightened


The John Banks imbroglio highlights the need to sharpen the rules around business donations to politicians' election funds.
It doesn't do New Zealand's reputation any good to have another high-profile businessman dumping over an MP in a fashion that sends a message to the outside world that top-level access can be bought in this country.
Banks is just the latest politician whose career is rapidly coming undone due to an obvious mismatch of expectations between a high-profile business donor and the political recipient of supposedly anonymous funds.
The Herald has exposed how Banks went to bat for the flamboyant Kim Dotcom to try to secure him ministerial approval to buy the country's most expensive home - the Coatesville property which was made famous by the recent police raid.
Banks wasn't an MP then. He wasn't even Act's latest - and possibly last - leader. So, why would he have spent so much time pressing the Megaupload boss' case to Land Information Minister Maurice Williamson unless he felt he was under a personal obligation due to his earlier request to the German millionaire to pony-up funds for his Auckland mayoralty campaign?
Any other explanation just doesn't compute.
It's obvious Dotcom believed Banks could deliver the result he wanted. Banks repeatedly advocated the Megaupload boss' case to his long-time political mate Williamson. But the approval process came undone when former National Cabinet Minister Simon Power drew a very clear red line through Dotcom's application.
Now Dotcom is dropping bucket loads of the "proverbial" right over the object of his former affection.
The whole affair smacks of a table-turning exercise.
Rather like the way in which ex-pat Kiwi multi-millionaire Owen Glenn hung NZ First leader Winston Peters out to dry after the politician failed to secure him the role as consul to Monaco.
Both businessmen will be praised for exposing their respective MP targets. But once the sportive phase is over (either when Banks gets his own comeuppance as a result of a police inquiry or from Epsom's voters) there will still be damage to NZ's reputation.
Let's recall here how the 38-year-old German-born Finnish national Dotcom bought his New Zealand residency despite a string of foreign convictions.
As the Herald on Sunday reported, the immigration authorities waived good character requirements because Dotcom invested $10 million; was a high net worth individual; his conviction was more than 16 years earlier and didn't involve harming anyone; wanted to buy NZ's most expensive home which no one else wanted; and would contribute to New Zealand through investment, consumption and philanthropic endeavours.
Worse still, the very same authorities tried to hide their iniquitous deal.
Fundamentally this is such desperate stuff that you have to wonder how many other dubious characters have paid their way into this country.
In Peters' case he strenuously promoted Glenn for the consul's role after the expat doled out a $100,000 donation to the MP's legal cause and a similar sized loan to help Labour's 2005 re-election fund. But wiser heads in the Helen Clark government refused to play ball.
New Zealand's credibility as a business destination will again come under question next week when the "Bill Liu" case gets underway in the High Court at Auckland.
The Chinese-born businessman now known as Yong Ming Yan is up on four charges of using an immigration-related document with intent to defraud and one of making a false statement to obtain citizenship.
But the most embarrassing factor is the way in which former Immigration Minister Shane Jones approved his citizenship despite official advice not to do so because of his criminal convictions and many aliases.
And that former Labour MP Dover Samuels presented him with his citizenship certificate in Labour's caucus room. What is most embarrassing for politicians on both sides of the fence is the $5000 donation he made to former Labour Cabinet Minister Chris Carter's Te Atatu electorate committee. And the $5000 he gave to the National Party.
Most established NZ companies' political donations are above board. Many "blue chips" disclose political donations within their annual reports. They will argue that they are simply supporting the democratic process.
But when donations are made "anonymously" it is usually because either the donor or the recipient of the donation does not want any sunlight shed on the money trail.
So, it is right to "follow the money" and ask whether undue influence is being brought to bear in Banks' case. Banks also received a donation from SkyCity for his mayoral campaign. He did not disclose this (it was "made anonymously"). But the formerly strident opponent of gambling is now remarkably silent over the proposed SkyCity convention centre.
Glenn does not have criminal convictions and is a credible businessman.
He is also a New Zealander and also the largest ever known donor in NZ politics.
But there are parallels in the Dotcom and Liu cases.
Each had expectations that politicians would deliver results for them.
Fundamentally, there needs to be a clear rule around this to prevent any recent immigrant business person from pressuring politicians to deliver results for them.
The best way to ensure this is to prevent them from donating to political parties or prospective MPs whether openly or anonymously.
If a time bar is imposed to prevent new immigrants such as Dotcom or Liu from paying for influence, the dreadful taint our political system is getting will be removed.

Sunday, April 29, 2012

Mike Butler: Tribe loses $14.5m treaty payout


I saw this article this morning and it made me reflect on what is happening with Maori leadership overall. The late Sir Peter Tapsell so often said to me most Maori leaders were bloody hopeless at managing anything let alone large investments. The Waitangi settlements have been going on for many years now and I am still looking for how those settlements have made the slightest difference to the ordinary Maori family. The Matakana Island fraud was my glimpse into how corrupt some of these Iwi leaders can be and so it was no surprise to be reading this. 


For the Matakana Island / Ngai Te Rangi Iwi Fraud 

Taranaki tribe Ngati Tama lost all of a $14.5-million Treaty of Waitangi payout it received in 2003 in failed investments. (1) A meeting last weekend attended by about 200 people was given full details of a disastrous string of investments by a seven-member Ngati Tama Development Trust. An emotional Wiremu Matuku of New Plymouth later told the Taranaki Daily News.

The biggest single investment was more than $12.5-million with Australian-based computer software company My Virtual Home Ltd, which is in liquidation with no assets. Other investments included $4.39-million with Tu Ere Fishing Ltd, now likely to offer a minimal return, and $1.19-million with property investment company Open Group Ltd which has no current estimated value.

Ngati Tama, a northern Taranaki tribe that listed 1000 members in 2003, had 74,000 acres of land confiscated after the 1860 Taranaki war. The compensation process for confiscated land proved inadequate for Ngati Tama, who supported Te Whiti’s campaign of passive resistance at Parihaka to 1881.

The Native Land Court ruled in 1882 that Ngati Tama did not retain an interest in two large blocks of land north of the confiscation line. The West Coast Commissions finalised the return of some land, and the Sim Commission of 1926-27 recommended an annuity of £5000 to compensate all Taranaki iwi.

A one-off sum of ₤300 pounds was paid to compensate for the loss of property at Parihaka. Compensation was enshrined in the Taranaki Maori Claims Settlement Act 1944, but Ngati Tama maintain they did not agree to it.

If Ngati Tama had just put $14.5-million in the bank at 3.5 percent they would have earned $507,000 a year, which would have totalled $4.56-million over nine years.

Source:
1. Iwi loses most of treaty payout, http://www.stuff.co.nz/business/6753899/Iwi-loses-most-of-Treaty-payout


tdn white stand
FAIRFAX
Greg White has accepted blame for the loss of $20 million in Ngati Tama funds.
Former Ngati Tama chief executive Greg White has accepted responsibility for losing most of his tribe's Treaty of Waitangi settlement money.
Mr White broke his silence in a statement to TV One's Marae Investigate programme aired yesterday. The tribe exclusively revealed their near $20 million loss to the Taranaki Daily News earlier this month.
Mr White told the programme he could not be interviewed because he was overseas, but acknowledged that while he was appointed by the iwi board as chief executive of the Ngati Tama Development Trust, he did not follow the conservative conventional approach "and accordingly things have not gone as planned".
"Our waka has hit some bad weather and ended up on the rocks," he wrote.
The choice for the iwi was either to give up or "repair the waka and set ourselves further horizons".
The Daily News has sought comment from Mr White, without success, since revealing Ngati Tama's plight.
Mr White's uncle, Haumoana White, told Marae his nephew had made decisions in isolation.
"He had no option but to admit what he did was wrong. The real question is where is the money?"
Maori commentator Willie Jackson said it was good that Greg White admitted he made mistakes but the tribe now had to recover and set a new course.
He said the tribe's main mistake was taking a "pitiful settlement" and in doing so undermining the future of most of Taranaki iwi.
He said Government support should ensure a high-level iwi plan was in place.
Ngati Tama announced Mr White's resignation at the same time the losses were revealed. Iwi at a hui at Pukearuhe Marae were told that of $19.8m of invested iwi funds, it might recoup $1.5m.
A total of $12.5m was invested with Australian software company My Virtual Home Ltd which is in liquidation and has no assets, $1.9m with Open Group Ltd which has no current estimated value and $4.39m with Tu Ere Fishing, which was offering minimal returns.
The new advisory board handling Ngati Tama's plight is headed by Hamilton consultant Richard Batley.


A long-running dispute over an investment that is believed to have cost a Taranaki iwi nearly half its $14.5 million treaty payout is expected to be settled in the High Court this month.

The decision will put an end to a saga that began some time between 2003 and 2005 when Ngati Tama is understood to have invested $7m in the My Virtual Home Company.

The conflict, between My Virtual Home, which is in receivership, and Ngati Tama Custodian Trustee of Taranaki first arose in 2009.

At that time Justice J Heath made an order in the High Court to stop the Ngati Tama Custodian Trustee company from taking any further steps to dispose of assets of Creative Design and Software Pty Ltd, The Australian subsidiary of My Virtual Home International, registered in New Zealand.

The Ngati Tama iwi comes from northern Taranaki, in between Urenui and Mokau.

The dispute is over who owns source codes and licences, with the validity of security documents given by Creative Design Software Pty Ltd critical.

My Virtual Home is a software programme which helps design and visualise building plans, which can be used by homeowners to make virtual alterations to see how they would look.

Ngati Tama had previously taken out a debenture over Creative Design Software.

It is believed Ngati Tama supplied $7m out of the $26m invested in My Virtual Home.

The total is almost half of the iwi's $14.5m Treaty claim settlement it received in 2003.

Greg White, who stood for National in the Maori seat of Te Tai Hauauru in the 2002 election, is the manager of Ngati Tama Custodian Trustee.

He said he was limited in what he could say about the case because the matter was before the courts.

Mr White is one of seven directors of the company and his father is listed as the sole shareholder.

However, an iwi source told the Taranaki Daily News that some board members did not know about the extent of the investment in the company.

"I can guarantee there are people on that board who don't know about it all," the person, who did not wish to be named, said.

"We've (wider iwi) been left out of the picture."

The source said there had been no annual general meeting for the last two years and there seemed to be confusion over the roles and obligations of board members.

"They're meant to be keeping everyone informed, in the best interests of wider iwi."

It is believed elderly kaumatua within the tribe had met to discuss the investment.

Mr White denied that the board had not been informed.

"The matter is before the courts at this moment so I'm limited by what I can say, but the board have approved the investment.

"We are behind though. I'm not happy with the pace and the time it's taken to complete reports."

He said board members usually represented their larger families and it was up to them to inform those whanau members.

Getting information to put into a report for Ngati Tama was now reliant on the outcome of court proceedings, he said.

The case is expected to be heard in the Auckland High Court, starting on Monday.

The court will consider who owned the source codes in late 2008, whether two debentures were valid and whether receivers of Computer Design Software Pty Ltd were validly appointed by Ngati Tama Custodian Trustee Ltd.

- Taranaki Daily News

Thursday, April 12, 2012

Inflation vs Wages

Why NZ fails

The ordinary people of New Zealand are good people but their trouble arrives via the so called experts, the bankers, lawyers, idiot politicians and media. And that group gets away with it because they think they can do no wrong as they hold the control.

Saturday, February 4, 2012

NZ today.

The rational and disciplined leaders of society have become irrational and undisciplined. Their moral mandate and communal understanding has died, only the appearance remains, but eventually even this will wither. The traditions, habits and laws which gave form to the community will slowly be discarded by each subsequent generation. The result will be increasing communal dementia with diminishing communal strength — a society floundering into increasing senility. The widespread adoption of political rhetoric accepted with emotional hysteria by the gullible public and translated to their voting habits stands as damning proof that the public have progressed beyond stupidity and has now reached dementia. Maybe time for the bright to take control before they to catch stupidity. A nation dying where too many welfare leaches are draining the country dry- too many scummy trash bums and baggy arses on the books and too many are breeding more of the same...hmmmm...so do I fight or give in and join the ranks of whining junk food eating bums scoffing their faces, puffing their stinky smokes, demanding no oil or mineral mining, no offshore ownership but demanding a free ride for them