SPCS

SOCIETY FOR PROMOTION OF COMMUNITY STANDARDS INC.

David Ian Henderson: Bankrupt Christchurch property developer v. the Insolvency and Trustee Services

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Introduction

Liquidation is a process where the assets of a company that cannot pay its debts, are distributed by a liquidator or by a Crown authority called the Official Assignee (AO). The AO only deals with liquidations where it has been appointed liquidator by the court or, in certain circumstances, by itself. A company is placed into liquidation when it is unable to pay its debts. This is done voluntarily or by a court order. A liquidator is appointed to investigate the company’s financial affairs, establish the reason why the company failed, investigate possible offences, and identify and sell any assets to help repay creditors. Officers of the company must assist the liquidator by providing information and answering questions. 

Failure to assist the Official Assignee is a serious offence and may lead to prosecution. It is an offence for a director to conceal or remove property with the intention of preventing or delaying the Official Assignee from taking custody of it, or to destroy, conceal or remove records or other documents. Penalties can include fines and imprisonment.

Bankruptcies are managed by the AO and normally last for three years. Bankrupts are unable to direct a company and are not allowed to manage a business without the OA’s consent. [Source: http://www.insolvency.govt.nz/]

The Society for Promotion of Community Standards Inc. is concerned that the ability of liquidators serious about fulfilling their statutory duties to investigate and report possible offences by company officials against the Companies Act 1993, the Financial Reporting Act, the Securities Act and the Insolvency Act 2006; are being undermined and thwarted by a number factors including: [Read more…]

Maurice Williamson MP – Minister – resigns: Fallout from perceptions of corruption

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“A Gloomy, grey cloud has replaced the big gay rainbow that Maurice Williamson rode to stardom during the marriage equality debate,” writes Vernon Small in today’s Dominion Post Opinion [lead story – “Fallout will colour public perceptions” ref. 1]. His “big gay rainbow speech” in favour of marriage equality laws was hailed worldwide, and he was courted by The Ellen DeGeneres Show…” writes reporter Stacy Kirk. [SPCS commented sardonically at the time on Williamson’s “most enormous big rainbow” speech that catapulted him “overnight” to “gay icon” status, comparing it to the “Emperor’s New Clothes”. See ref. 2 below]

National Party critics are now effectively accusing the party of  corruption. Williamson’s parliamentary career lies in tatters… “now the moment for his time in politics should be over” (editorial opinion).

maurice williamson

Maurice Williamson

The Dominion Post reports today: The 63 year old Pakuranga MP, Maurice Williamson, who has served as MP for 27 years, “had no choice but to resign his ministerial warrants yesterday once police confirmed he had called them to inquire about the domestic violence case against wealthy constituent and generous National Party donor – Donghuza Liu. His pre-sacking resignation was handled cleanly and swiftly by Prime Minister John Key … The Cabinet Manual [Rule 4.14] states: ‘[Following a long established principle], Ministers do not involve themselves in deciding whether a decision should be prosecuted or on what charge.”

“The written police version of Williamson’s call – though not verbatim – has him ringing to make sure someone review the matter ‘to ensure we were on solid ground as Mr Liu is investing a lot of money in New Zealand‘.” [Emphasis added]

The Dominion Post editorial (opoinion) entitled “Favours for friends with deep pockets” asks: “Of what possible relevance to a domestic violence charge was Liu’s investment?” Good question! [Some might even be prompted to ask: Was Williamson paid money by Liu to ring the police? If so how much?]

SPCS believes that  it is THE PERCEPTION OF CORRUPTION that will be the most damaging “Fallout” from Williamson’s clear breach of  Cabinet Manual rules.

[Note: SPCS is a bronze level member of Transparency International (NZ) Inc., the local chapter of Transparency International, the world leading anti-corruption agency].

If Ministers are perceived as showing favour to people based on their wealth (“deep pockets”), this reeks of “corruption” in the minds of many including its critics. [Read more…]

Judge says “It’s important that people understand that the trade in pornography must be stopped…”

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A Hamilton judge has labelled a man’s collection of “extreme” sex videos the worst he has encountered in his 37-year legal career.

So bad was the “disgusting” collection – which featured torture, bondage, bestiality and child rape, Judge Robert Spear said a deterrent message had to be sent to others that may follow David Robert Miles‘ “curiosity”, and sentenced him to 13 months’ jail.

“The videos portrayed what might loosely be described as pornography at its most gross level. It involved sex offending involving very young children; it involved bestiality and torture.

“I have to tell you that with some 37 years of appearing or presiding over criminal courts and having to deal with cases of this nature, this is without question the most disgusting material that I have ever had to deal with. [Read more…]

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

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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”

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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?
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 fined. Robert Walker had also detailed his personal battle with Henderson in official …

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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…]