Tuesday, 15 January 2013

Turitea Wind farm consent illegal

Nick Smith 

Want to be a judge…sure can.

When is a judge not a judge? Good question and one that can be easily answered you would think. When his or her warrant has expired, if you gave that answer you get a tick.

But the reality is that according to the Government and especially sacked Minister Nick Smith you can remain a judge as long as you damn-well please if your name is Kenderdine and you are in charge of the environment consent process for the Turitea Wind Farm.

In fact you can even change the title you use anytime you like: but wait there is more if you do a good job and push the consent process through quicker than usual, even though you are not actually entitled to do so you’ll be rewarded with the chairmanship of other government appointed boards [This has already taken place].

The government of course wants to add value to Mighty River Power’s market possibilities and an approved process for building the wind farm adds value. So the minister of Justice is faced with this legal dilemma. Does she confirm that the hearing and decision process was legal or illegal, and therefore cancel it and thereby lower the value to MRP [a government owned company] and one of the PM’s money making schemes. Since she has her eye firmly on the top spot in the not too distant future, what should she do?

Below is the letter sent to Judith Collins and one can only hope she acts as she did in the case of the David Bain report where she pounded the Canadian High Court Appeal Judge over his report…and he was a real expert hired by the our government.

Judith Collins

Hon. J. Collins
Minister of Justice
13 December 2012

Dear Hon. J. Collins

Ref. Errors in the Final Draft and Decision, Turitea wind farm.

I applaud your identifying errors of fact in the Bain Report. I know this has become a political hot potato; however the corrupt Turitea Final Decision, riddled with deliberate errors, is in a class of its own. I have attached to this email a brief summary of a selection of these egregious errors. The exposure of these errors, but not limited to the total number of errors, can be found online at http://turiteadocuments.wordpress.com/
The revelation that Kenderdine, who as Environment Judge chaired the Board of Inquiry and who fraudulently approved the Turitea wind farm, was not a judge at all for the 13 months and 5 days prior to the issuance of the consent, simply beggar’s belief.
Her warrant to make any legal binding decision was permanently revoked on the 6th August 2010. All the key players including your former Cabinet colleague, Nick Smith, knew this perfectly well. The Ministry for the Environment website still falsely claims Kenderdine as a judge in the release of the Final Decision.
That a judge and Board of Inquiry Commissioners have immunity from prosecution is unacceptable.
Kenderdine, however, is now just a member of the public who in both the Draft and Final Decisions passed herself off as an Environment Judge and signed off as such. This is common fraud which makes the Helen Clarke saga over signing a painting for charity she did not produce, pale into insignificance.
Kenderdine has taken payments totaling approximately $500,000 for the period she was masquerading as a judge. Under these circumstances a prosecution is in order. New Zealanders already angry about benefit fraud will certainly approve. Natural justice demands that:
 Kenderdine be held accountable.
 The Final Decision is withdrawn and the consent for the wind farm torn up.

There is potential for fraud on investors in Mighty River Power’s imminent sell off. The Government must take swift action to restore its credibility.
Yours sincerely

Go to: http://turiteadocuments.files.wordpress.com/2012/04/response-from-the-government-14-december-2012.pdf to read the Minister of the Environments three line reply:

Below is a detailed list of evidence relating to the behaviour of a judge, retired judge or just plain member of the public on which the writers base their substantive claim for reversing the go decision: I have not read any headlines on this in our main stream media so it would seem, one would have thought this would be news especially in PN 

Complaint to the Serious Fraud Office re fraudulent and corrupt behaviour exhibited by Shonagh Kenderdine acting as Chair of The Board of Inquiry for Turitea Wind Farm

1. Shonagh Kenderdine presided as the judge chairing the Turitea Call In and presented a legally binding Final Decision which was only able to be challenged on a point of law. It
is in this context that we are lodging this extremely serious complaint.

2. Shonagh Kenderdine permanently ceased to be a judge when her warrant issued by the Governor General was irrevocably withdrawn on 6th August 2010.

3. Attorney General, Christopher Finlayson, two weeks later, [on 20th August 2010] announced Kenderdine’s appointment as Chair of the Historic Places Trust.

He twice correctly describes Kenderdine as a “former judge.”

4. Six months and five days after ceasing to be a judge, Kenderdine then produced a draft Decision. She signed off as an Environment Judge.
The following extract titled “Invitation for comments” is from the Draft Decision. Note Kenderdine signs off as Environment Judge. She was no longer a judge with the authority to chair the Board of Inquiry and make a binding decision.

5. One year and one month after Kenderdine ceased to be a judge she signed off the Final Decision

6. Kenderdine has fraudulently passed herself off as a judge, twice signing public documents as a judge, and has illegally, without a warrant, issued a “legally binding consent” for the Turitea wind farm.

7. Full details of this corrupt and fraudulent fiasco, including all relevant documents, can be accessed on the following two websites:

As we understand it under current law a judge cannot be pursued for a faulty judgment, however Kenderdine was not a judge when the fraudulent consent was issued in the Final Decision, thus judicial immunity and privilege do not apply.

This fraud must be dealt with urgently before Mighty River Power is offered to investors.
Yours sincerely

John Adams, herman.adams@gmail.com   Paul Stichbury, paulstichbury@gmail.com  

2 January 2013


1 comment:

Observer said...

This is dreadful but is way more than simple fraud. It's a very serious constitutional matter. The whole legal system's credibility has been undermined by an arrogant greedy old woman sucking on the state teat. If a pretender to the judiciary can deliberately flout the law like this how can we say we are better than "tin pot" countries we sneer at.

Kenderdine has produced a forgery and the benefactors of this corruption all know it. Have you read the evidence of a fraudulent noise standard on the link above, plus the wind farm being approved on the Wellington and Ohariu fault lines? She turned a blind eye to these as well.

You have a major coup with this story as I don't see it anywhere in the lickspittle media.