Anticorruptionnz's Blog

23/02/2011

Official Information act request Auckland film studios

Filed under: corruption,transparency,waitakere city council — anticorruptionnz @ 7:22 pm

Sent: Wednesday, 23 February 2011 7:17 p.m.
To: ‘Doug.McKay@aucklandcouncil.govt.nz’; ‘mayor@aucklandcity.govt.nz’
Cc: ‘Michael.Goudie@aucklandcouncil.govt.nz’; ‘Penny.Hulse@aucklandcouncil.govt.nz’; ‘Penny.Webster@aucklandcouncil.govt.nz’; ‘Wayne.Walker@aucklandcouncil.govt.nz’; ‘Cathy.Casey@aucklandcouncil.govt.nz’; ‘jross@jami-leeross.com’; ‘Des.Morrison@aucklandcouncil.govt.nz’; ‘John.Walker@aucklandcouncil.govt.nz’; ‘Sandra.Coney@aucklandcouncil.govt.nz’; ‘Noelene.Raffills@aucklandcouncil.govt.nz’; ‘Mike.Lee@aucklandcouncil.govt.nz’; ‘George.Wood@aucklandcouncil.govt.nz’; ‘Arthur.Anae@aucklandcouncil.govt.nz’; ‘alf.Filipaina@aucklandcouncil.govt.nz’; ‘Ann.Hartley@aucklandcouncil.govt.nz’; ‘Chris.Fletcher@aucklandcouncil.govt.nz’; ‘Richard.Northey@aucklandcouncil.govt.nz’; ‘Sharon.Stewart@aucklandcouncil.govt.nz’
Subject:Official Information act request Auckland film studios

 

Could you please by way of OIA provide   the following documents.

1.       Documents and discussion papers which were the basis of the cost benefit analysis , and  the cost benefit analysis  on which   Waitakere city  based its decision to purchase  the ENZA cool stores for  film studios

2.       The name of the law firm which  provided a legal opinion as to the purchase and  associated involvement  in Film studios   being  an activity in which council could engage  and that this was not  ultra vires and had a mandate for such an activity.

3.       The  constitution of WAITAKERE PROPERTIES LIMITED  at  point 1A.1 states that its activities are restricted to obligations imposed upon Local Authority Trading Enterprises by the Local Government Act 1974 ,

a.       Please provide documentary evidence that these obligations were  considered  when deciding to Purchase the  cool stores  and   in operating  film studios.

4.       In the 2009 Annual report  Waitakere city Holdings Limited as at 30 June 2009     reports    with regards to Prime West Management Ltd  on page 45    “The company is insolvent and the investment has been written down to nil.”  And page 49 this company is now insolvent.

a.       Please supply all documentation with regards of an advancement of   funds of $49,902 from Waitakere properties Limited to prime west management which was insolvent at the time.

b.      The  documentary evidence  detailing the reasoning and consideration  By Waitakere city in   providing  such a sum to a company in which the shareholding was  $400

c.       Please provide all supporting evidence, agreements etc which provided for this advance and required repayment of this sum during the 2010 financial year.

d.      Documentation which considered the amalgamation of an insolvent  company  with a solvent one  .

e.      What  investigations  the council conducted  into    the insolvent companies cause of insolvency  and any documents which show  why it was insolvent.

5.       At the meeting 25 may 2005  from which the public was  excluded  , Mr  Kenneth Michael Williams was permitted to stay  he was allegedly eligible as a trustee of enterprise Waitakere, Please provide any  disclosure made by  him of  his relationship with   the advisers  B & A Management Limited and therefore the potential   conflict of interest ( Mr Williams was appointed  director of Prime west Ltd  on 9 may 2005, who were the successful   party to  enter into a partnership with council )

6.       Please advise the names of the unsuccessful parties who  were contenders for the partnership  and the considerations which were  given to  excluding them .

a.       Please also provide documentation  as to  why these parties had not  been given the same opportunity as the successful company Prime west to have representatives  present at the  confidential council meetings.

7.       The council ultimately entered into  an agreement with  Prime west Limited  a company which had been set up by the  “ advisors “  and  in which the advisors   had significant control , Please  provide any disclosure  documents made to this effect by  Mr Coldicutt , and Maher of B&A Management Limited .

 

8.       In selling the land and buildings to the  company  what consideration was given to  options such as tender, please provide all documents which discuss this option.

9.       On 28 June 2006  Council accepted Tony Tay group And its associated  entities  as shareholders in Prime west.  The reality is that  Tony Tay Trust   which was not owned by the Tony Tay group ( and therefore not associated )   became the investor  and then  on sold to  Tony Tay  Films  in which  there were   shareholdings by 3rd parties.

a.       Please provide  documentation which discusses entering into an agreement with one legal entity and then  proceeding to act with another entirely separate  entity.

b.      Documents  with regard to any   diligence done as to whether Tony Tay trust was owned by Tony Tay and his wife or if they were acting as trustees for  person and persons unknown.

c.       Discussions and documents which  considered the appropriateness of Kieran Boru FITZSIMMONS, the on site manager  also being a part owner of the property through his shareholding through his company REHOBOTH ENTERTAINMENT (NZ) LIMITED  in Tony Tay film Limited.

10.   On 6 March 2007, 60,000 shares were  transferred from Waitakere properties Limited to Waitakere city council, please provide the minutes of the council meetings, or any correspondence  which facilitated and explained  this  transaction .

 

11.   The documentation which backs up any decision from council   or  notification given to council  on  or about 13 April 2008 that  Kensington swan the councils  solicitors to become the  registered office and solicitors for  Prime west Ltd

a.        and   considering that  Kensington Swann were the solicitors for council   was it seen as a conflict of interest that  Kensington swan was also acting   for a company in which council was a minority share holder.

b.      Please provide any lawyers accounts   for Kensington swan  and itemised   charges  associated  with this joint venture which was paid out of public  funds.

12.   Any documentation in which  Mr Graeme  Wakefield   declared  is interest in WAITAKERE CORPORATE LIMITED and states the purpose of this company.

I look forward to  your response  this is a matter of public interest   On the one hand  our water supplies are being considered for  privatisation yet on the other hand the council runs movie studios.

I am particularly  concerned  with the nature  of the trading in this matter as it appears to  reflect the same  ignorance of what constitutes a company and  a trust as which occurred when the council allowed a council  manager Mr wells to contract to himself  for  animal welfare services through the name of a  fictitious trust , which also happened to be involved in monitoring animal action in the film studios  , this action was carried out by Mr Wells Wife.

It appears to me that   Waitakere city was  very loose about  what constituted a legal entity  and who represented it, I   wish therefore  to highlight the past so that the opportunity for third parties  to profit from the public  will not be  something  which is capable in the future.

Please find here with  a full chronology , those mentioned in the chronology have been shown to be connected   and for your interest I have also attached news item Tax loophole no sin, says charity . The recurrence of biblical names, the associations of the same persons  interlink   this with  a group of people who share the same religious  practices    this could be coincidental   or maybe not.

It appears that this is all about using  public funds, public funding and tax avoidance.  The council has to be careful not to be associated with this or be a vehicle for  this due to  many councillors  not being  up to speed  with regards to  company and legal structures  and the principals  of transparency and corruption.

In the interest of transparency I will be posting this on  My blog https://anticorruptionnz.wordpress.com/

Regards

Grace Haden

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2 Comments

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