SPCS approved as member of Transparency International (New Zealand)

The Society for Promotion of Community Standards Inc. (“SPCS”) has been approved bronze level membership status in Transparency International (New Zealand) Inc. (TINZ) – the recognised New Zealand representative of Transparency International, the global civil society organisation against corruption. SPCS was approved “bronze level”, along with other new members (including the Earthquake Commission), at the TINZ Annual General Meeting held at Archives New Zealand on the 19th of November, 2013. A number of SPCS officers were present at the well-attended event which was preceded by a Special General Meeting to ratify updated TINZ Rules and then followed by several speakers. These included former NZ Governor-General Dame Silvia Cartwright, Labour MP Andrew Little and Minister of Justice Hon. Judith Collins.

See: http://www.transparency.org.nz/2013/Annual-General-Meeting-2013.htm

TINZ is a member of Transparency International, the international organisation leading the movement to eradicate corruption and bribery wherever they occur. SPCS fully supports the activities of TINZ: “Actively promoting the highest levels of transparency, accountability, integrity and public participation in government and civil society in NZ, the Pacific Islands and the world”. See: http://www.transparency.org.nz/

[Read more...]

Full marks to Fairfax Media ! – On-line Dave Henderson v. liquidator story headline amended

Fairfax Media have amended their on-line story on the liquidator appointed by the IRD and the twice bankrupt property developer David Ian Henderson and given appropriate prominence to the correction. The false headline "Liquidator fined for ' buffoon' comment" [emphasis added] has now been amended to "Liquidator to pay for 'buffoon' comment [Emphasis added]. Fairfax now affirms that The Disciplinary Tribunal of the New Zealand Institute of Chartered Accountants (NZICA) did NOT impose a fine on liquidator Robert Bruce Walker after ruling that he had breached professional standards (recognised by the NZICA Professional Conduct Committee (PCC) to have been at the lower end of 'offending'). Walker strongly denied the charges before the Tribunal, via his lawyer, and was required in its ruling, as Fairfax now helpfully point out - to pay "costs", and this is NOT a "fine".  

It is gratifying to see that some parts of the community have a sense of decency, evidenced by Fairfax Media making the online change (update) to the story promptly, correcting the error - which if had not done, could have opened it up to potential defamation. It is a shame that this prompt and principled response is not always the case among other institutions, and persons responsible for online stories. Among the latter, ethical qualities and standards are often sadly, even shockingly lacking.

Certain so-called "administrators" and "owners" of scurrilous websites who maliciously propagate defamatory falsehoods, knowingly, need to 'lift their game', to put it mildly, and recognise that once a falsehood has been formally notified to them, its defamatory nature identified by a complainant, and a formal request made for its removal, it must be removed. If it is not, this opens thoseresponsible for the website to potential defamation proceedings from the complainant. Courting defamation proceedings by, for example, accusing a person on-line of being a serial tax evader, and/or of parading fake degrees on a CV etc., and/or holding directorships of fictional companies or organisations etc, without providing any evidence; is the mark of a true coward, and a moral bankrupt. [Read more...]

Dave Henderson properties – Liquidator NOT “fined” for buffoon comment or any breach of “professional standards”

Professional Standards – What are they? Key players: David Ian Henderson (bankrupt Christchurch Property Developer) and his business associate Ian Bruce Hyndman and their hired licenced private investigator, Wayne Idour; Robert Bruce Walker (the appointed liquidator of Henderson’s failed companies), Hamish McNicol , Fairfax Media reporter, and the New Zealand Institute of Chartered Accountants’ Disciplinary Tribuna and Professional Conduct Committee.

A Fairfax Media report by Hamish McNicol, published at 15:25 on Thursday 17 April 2014, was headlined “Liquidator fined for buffoon comment” [Emphasis added]. It commenced:

A liquidator who referred to South Island property developer Dave Henderson as a “little b*****d” and a “buffoon” in a telephone conversation has been found guilty and ordered to pay costs of $18,165. [Emphasis added]

Liquidator fined for ‘buffoon’ comment | Stuff.co.nz

www.stuff.co.nz/business/industries/…/Liquidator-fined-for-buffoon-comm
5 days ago - A liquidator who referred to South Island property developer Dave Henderson as a “little b*****d” and a “buffoon” in a telephone conversation
 Timaru Herald - ?Apr 16, 2014?
liquidator who referred to South Island property developer Dave Henderson as a “little b*****d” and a “buffoon” in a telephone conversation has been found guilty and fined. Robert Walker had also detailed his personal battle with Henderson in official …

___________

This Stuff News headline is not only wrong, it is defamatory. The online editor later changed the headline to

Liquidator to pay for ‘buffoon’ comment” [Emphasis added].

Source: http://www.stuff.co.nz/business/industries/9954565/Liquidator-fined-for-buffoon-comment

Why the change and was the revised headline true or false? [Read more...]

David Ian Henderson – a two-time bankrupt accuses Liquidator of conduct breaches

David (Dave) Ian Henderson, twice-bankrupt high-profile Christchurch property developer, and his business associate Ian Bruce Hyndman, appear to have been behind a Notice in the National Business Review (NBR) and one in the NZ Herald (22/05/13) that ran last year, apparently seeking “information” on chartered accountant Robert Bruce Walker, liquidator of Property Ventures Ltd (in receivership and liquidation), the parent company of interconnected companies owned or controlled by Henderson. Henderson was behind the failed $2 billion Five Mile town development at State Highway 6, Queenstown, near the Queenstown Events Centre, colloquially known as “Hendo’s Hole.

As sailors know, it is important at sea to avoid peeing to windward. The blow back can be very unpleasant. So can the result of trying to gather ‘dirt’ and throw it at a person and make it stick, when a very strong gale is opposing the thrower.

Dave Henderson who was bankrupted in 1996 and discharged in 1999, was then bankrupted again on November 29, 2010, the latter one of the largest bankruptcies in New Zealand’s history. By his own account he had gross personal debts of about $165m and $86m after the sale of secured assets. The debts come mainly from personal guarantees he had given on loans to his companies.

Bankruptcies are managed by a Crown authority called the Official Assignee (OA) and normally last for three years. Henderson remains an undischarged bankrupt because the OA filed a notice of objection to Mr Henderson’s discharge, pursuant to s 292 of the Insolvency Act 2006, on 28 November 2013. The OA “strongly suspects that Mr Henderson had entered into, carried on, or taken part in the management or control of businesses during his bankruptcy, contrary to s 149 of the Act. Mr Henderson strongly refutes the Assignee’s suspicions…” (quoted from High Court judgment dated 18 March 2014 – CIV-2010-409-000559 [2014] NZHC 499). [Read more...]

The Truth on Truth Weekender Ltd (Still in Liquidation from 2 July 2013).

The New Zealand Truth was a tabloid newspaper published weekly in New Zealand. It started as the Auckland Truth in 1887. Described as “scandal mongering” and “scurrilous”, it has employed well-known New Zealand authors, including Robin Hyde in 1928.  Redma Yska, once a Truth reporter, has recounted how the paper “introduced a `new journalism’ in 1905, which aimed a core diet of sex, crime, radical politics and random muckraking directly at the masses.” He ends by noting that at the end of 2009, “after 104 remarkable years in New Zealand journalism, Truth quietly sank into liquidation. Truth Weekender, complete with 16-page sex industry pullout, quickly took its place. The wicked old title refuses to die.” [see ref. 1]

As SPCS has pointed out in a series of published articles on its blog, since at least 2007, Truth directors’ seeming obsession with porn sleaze and prostitution advertising ( e.g. a regular 16- page “adult services” pullout in The Truth Weekender ) as a means of earning a quick buck, played an important part in its collapse – leading to the liquidation of two companies and numerous creditors left out of pocket. 

The announcement in mid-June 2013 of the closing of the paper was followed by its publisher – Truth Weekender Ltd [“TWL”] being put into liquidation on 2 July 2013 by special resolution of the shareholders (at the time the tabloid was called the Truth Weekender). The First Report by the Liquidators listed the company at that time as having 56 creditors. The IRD was estimated to be owed about $30,000, trade creditors $110,630 and related party debt $301,280. The company remains in liquidation with little prospect of any of the unsecured creditors receiving anything.

The Truth Weekender had in fact emerged from the earlier tabloid known as NZ Truth, whose publisher  – Truth Publications Ltd (“TPL” incorporated on 17 January 2007), was put into liquidation on 21 October 2009, reportedly owing lenders and creditors over $620,000. [Read more...]