There appears to be an awful lot of confusion with the Tamaki Regeneration project
first of all the web site is called http://www.tamakiregeneration.co.nz/ but the web site is owned by Tamaki Redevelopment Co
Tamaki redevelopment company limited was set up in in 2012 following the signing of a heads of agreement between auckland council and two ministers of the crown
Tamaki Redevelopment company was set up with share holding from the crown and council and the shareholders adopted a Constitution this 31 page document was drafted and filed by the company secretary Simpson Grierson . The comprehensive constitution was amended in 2014 to this version Amendment of Constitution a 27 page document , we are uncertain as to the input of the crown shareholders into that document , it was again filed by the undefined trading name simpson Grierson .On 14 March 2016 the constitution is replaced by the 25 page document Revocation and Adoption of Constitution what is of note is that this constitution unlike the two former ones has no obligation to the heads of agreement .
on 11 November 2015 Tamaki Redevelopment company limited became the sole share holder of a new company called Tamaki Regeneration Limited and of a company called THA GP Limited .
THA Gp limited subsequently became the general partner in a limited partnership called Tamaki Housing association Limited partnership ( 19 january 2016) these bodies remain as subsidiaries of Tamaki Redevelopment company limited and we will just put them to one side for now
we will now look at the government web sites and special announcements
9 FEBRUARY, 2016 John Key Prime Minister’s Statement to Parliament
In March this year, 2,800 Housing New Zealand homes will be transferred to the Tamaki Redevelopment Company.This will result in at least 7,500 new homes in that area over the next 10 to 15 years, of which more than a third will be for social housing.The transfer of Housing New Zealand properties to community housing providers in Invercargill and Tauranga will happen later this year.
25 FEBRUARY, 2016 Bill English Speech to the Auckland Chamber of Commerce and Massey University – State of the Economy
The Tamaki Redevelopment Company will become the owner of 2,800 former Housing New Zealand houses at the end of March, which the company plans to redevelop into around 7,500 houses.
Note that up to this stage the housing new zealand stock was going to be transferred to Tamaki Redevelopment company Limited which has been abbreviated in correspondence as TRC
then on
31 MARCH, 2016 Bill English, Nick Smith Auckland’s Tāmaki housing transfer confirmed
The ownership and management of about 2800 Housing NZ properties in Tāmaki will today be formally transferred to the Tāmaki Regeneration Company (TRC), which is jointly owned by the Crown and Auckland Council
TRC was established to lead the Tāmaki Regeneration Programme
Note that he states that the houses will go to Tamaki regeneration Limited, but he called it Tamaki Regeneration company TRC. He goes on to say
The Tāmaki Housing Association, a subsidiary of TRC, will tomorrow become the new landlord for Housing NZ tenants who live in the areas of Glen Innes, Point England and Panmure,” Housing New Zealand Minister Bill English says.
But Tamaki Housing is a subsidiary of Tamaki redevelopment company limited TRC not of Tamaki regeneration limited TRL he then adds to the confusion and states
TRC was established to lead the Tāmaki Regeneration Programme
Yes Tamaki Redevelopment company limited was set up to lead the regeneration programme not TRL which at this date was a subsidiary of TRC .
On 14 April the shares of Tamaki regeneration limited are increased from 100 to 1631161218 and the shareholders are updated Particulars of Shareholding
What is of concern is that it appears that the ministers believe that the properties are going to the company of which council and crown are the share holders , the company which was set up for the transformation project the company which is the ultimate holding company for Tamaki Housing Limited partnership . but..
The reality is that the assets have gone to an entirely different company one which the crown had no input in to the constitution, a company which is a stand alone .
Now let us look at the annual reports of tamaki redevelopment company Limited this is the 2015 report note that the company is referred to as TRC .
The annual report states
page 5
The New Zealand Cabinet agreed that the ownership and management of approximately 2,800 social homes currently held by Housing NZ in
Tāmaki will be transferred to TRC by 31 March 2016
Page 6
On 1 April 2016, TRC will own and manage all current social homes of approximately 2,800 in the Tāmaki area.
We are respectful of the responsibility and mandate provided to us by Shareholders to look after the most vulnerable families in our rohe. At the same time, this will be an opportunity to catalyse community led action and move at pace to achieve our objective of making Tāmaki an awesome place to live.
and
Whilst Housing NZ and TRC have different mandates, the commitment by both organisations to ensure a seamless transfer and prepare TRC for
1 April 2016 is unwavering.
In the 2016 annual report the confusion continues the report is entitled TĀMAKI REDEVELOPMENT COMPANY
ANNUAL REPORT 2016 .
page 2
TĀMAKI REGENERATION COMPANY (TRC) HAS BEEN MANDATED BY ITS SHAREHOLDERS, THE NEW ZEALAND GOVERNMENT AND AUCKLAND
COUNCIL, TO REPLACE 2500 SOCIAL HOUSES WITH 7500 MIXED-TENURE HOMES OVER THE NEXT 10-15 YEARS.
There is no such company as tamaki regeneration company limited. There is Tamaki regeneration Limited company number 5840214
and Tamaki redevelopment company limited 3937662
The name Tamaki regeneration company is used twice and in both instances it is tied to the abbreviation TRC
page 9
Tāmaki Regeneration Company will bring about transformational change to achieve four equally important objectives – social transformation, economic development, placemaking and housing resources.
Through its shareholders, the New Zealand Government and Auckland Council,TRC will replace 2500 social houses in the suburbs of Glen Innes, Pt. England and
Panmure creating 7500 mixed-tenure homes over a period of 10-15 years.
Tamaki regeneration limited the owner of the properties has no share holding of council
to add to the confusion on page 18 a TRC legal group is created. a legal group has no statutory definition or legal existence .
Tamaki regeneration Limited is referred to as TRL . Through the annual report references are made to the transfer of the properties to TRC ( pages 6,10,12,23) this is incorrect they were transferred to TRL
The confusion is such that courts have been misled with regards to ownership see Open letter to Robert Gapes Simpson Grierson
this has resulted in a fundamentally flawed decision due to the court basing the decision on the lawyer’s flawed submission. The lawyer a member of simpson Grierson law firm, the company secretary told the court that Tamaki regeneration limites was a subsidiary of tamaki redevelopment company limited. we ask How can a lawyer and the company secretary get it so wrong and what does this say about the integrity of the management of the company’s affairs by the secretary .
Of even greater concern is that it appears that the Ministers and treasury were not involved in the setting up of this new crown entity and had no input into the constitution.
Considering the fact that 2800 houses were transferred into this company of mixed identity and dubious origins it is something that we the public need to be concerned about
we note that in the 2015 annual report Mr Holyoake page 6 states “TRC and its partners must also own the lapses or mistakes.” we therefore hope that full transparency is applied and that this mess is corrected to remove any doubt as to who had a mandate to receive the houses and how they came to be in the possession of a company other than the one Government intended the stock to go to .
We note that several of the directors are property developments and one states as his interests ” Potential development opportunities in and around Glen Innes” an other lists directorship in Tāmaki Investment Trust Company Ltd
To those who care about crown assets it would appear that foxes are guarding the hen house we have to ensure that they do not get fat and accountability and transparency is how we wish to achieve that .
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