Further information alleging conflicts of interest

29 November 2018: Letter from our Assistant Auditor-General, Legal to the Chief Executive of Tasman District Council.

29 November 2018

Janine Dowding
Chief Executive
Tasman District Council

Tēna koe, Janine

Further information alleging conflicts of interest

Since our letter to you of 20 November 2018, we received further information about Cr Maling’s landholdings.

The complainant asked us to urgently reconsider the view expressed in our letter to Tasman District Council, on 23 November 2017, that the lifestyle block owned by Cr Maling’s family trust on the Waimea Plains did not create a financial interest in the dam for him. We considered that the lifestyle block was small (approximately 1.4ha) and it seemed very unlikely that the land could be used economically for horticulture or farming. We also considered that it was unlikely that the value of the land would be affected if the Waimea Community Dam was to proceed.

We have considered the further information provided to us this week, and I confirm that our view has not changed.

The complainant alleges that the transfer of orchard land on Pugh Road by Cr Maling’s family trust did not occur until June this year, when a new certificate of title was issued for the land. The allegation is that Cr Maling’s landholding was larger than we had been led to believe, and therefore we needed to reconsider our earlier conclusions.

We have seen evidence that this allegation is incorrect. We are satisfied that Cr Maling’s family trust sold approximately 12.144 ha of orchard land to Pugh Holdings Ltd on 30 September 2007, and the family trust had no beneficial ownership in the land from that date.

Following the sale, the family trust retained ownership only in the residential portion of the land (approximately 1.4ha). The recent subdivision of the orchard land by its subsequent owners has resulted in 6000m2 of land being held by the family trust, which is in fact a smaller parcel of land than was advised to us in November 2017.

On this basis, we confirm our view that the lifestyle block owned by Cr Maling’s family trust on the Waimea Plains does not create a financial interest in the dam for him.

Ngā mihi nui

Melanie Webb
Assistant Auditor-General, Legal

29 November 2018

Janine Dowding
Chief Executive
Tasman District Council

Tēna koe, Janine

Further information alleging conflicts of interest

Since our letter to you of 20 November 2018, we received further information about Cr Maling’s landholdings.

The complainant asked us to urgently reconsider the view expressed in our letter to Tasman District Council, on 23 November 2017, that the lifestyle block owned by Cr Maling’s family trust on the Waimea Plains did not create a financial interest in the dam for him. We considered that the lifestyle block was small (approximately 1.4ha) and it seemed very unlikely that the land could be used economically for horticulture or farming. We also considered that it was unlikely that the value of the land would be affected if the Waimea Community Dam was to proceed.

We have considered the further information provided to us this week, and I confirm that our view has not changed.

The complainant alleges that the transfer of orchard land on Pugh Road by Cr Maling’s family trust did not occur until June this year, when a new certificate of title was issued for the land. The allegation is that Cr Maling’s landholding was larger than we had been led to believe, and therefore we needed to reconsider our earlier conclusions.

We have seen evidence that this allegation is incorrect. We are satisfied that Cr Maling’s family trust sold approximately 12.144 ha of orchard land to Pugh Holdings Ltd on 30 September 2007, and the family trust had no beneficial ownership in the land from that date.

Following the sale, the family trust retained ownership only in the residential portion of the land (approximately 1.4ha). The recent subdivision of the orchard land by its subsequent owners has resulted in 6000m2 of land being held by the family trust, which is in fact a smaller parcel of land than was advised to us in November 2017.

On this basis, we confirm our view that the lifestyle block owned by Cr Maling’s family trust on the Waimea Plains does not create a financial interest in the dam for him.

Ngā mihi nui

Melanie Webb
Assistant Auditor-General, Legal