Wednesday, January 27, 2016

Julian Batchelor's public liability insurance - or lack of it - FNDC criminally negligent?

This is the application to occupy a portion of the road that FNDC omitted to provide - not hard to see why they didn't want to release it - note the blank space where the information regarding the public liability insurance is supposed to be recorded in the top portion of this form, and referred to in paragraph nine -

Komiti spokesperson Katherine Raue sent the following email to Alice Astell of the FNDC legal department this morning, so far there has been no response.  Watch this space - this post will be updated with any response received from Alice and the legal department of the Far North District Council.

Tena koe Alice,
This document you provided yesterday, the Application for Licence to occupy a portion of the road dated 24/08/2013, refers to "red lines" and "yellow areas" yet you have supplied a black and white copy - please forward a colour copy of this document without delay - and all information regarding the public liability insurance in the names of the Licensee and Licensor which is referred to in the top portion of the application and also in paragraph nine on the first page - I specifically request that you provided - without further delay - full details of this Insurance Policy including the Policy number and the name of the insurer as required in this document and all details of the Policy including the date it was taken out, the terms and conditions of the Policy and any expiry date if applicable, and all other information about this application, including all measurements taken by FNDC of the road and the proximity to the boundary, all photographs of the survey pegs and evidence of the boundaries, etc, and any infringements of the boundaries in the work actually done.
I have also requested all information from Far North District Council regarding the recent repairs to the road which were carried out last year, and all information regarding previous applications for consents filed by Mr Batchelor including the application for the original retaining wall.
Please provide this information without further delay.

Katherine Raue 

Kaitiaki o Opourua

We await the response with interest.  Far North District Council have a fiduciary duty to ensure that Mr Batchelor had taken out public liability insurance -
 "The licensee MUST indemnify Council for any usage by the applicant of the licensed area and take out a public liability insurance policy in the joint names of the Licensor and the Licensee [sic] for their respective rights and interests.  The amount of cover under that policy must be not less than FIVE MILLION DOLLARS."
This post will be updated with any response from FNDC and the failure to provide one will be referred to the Ombudsmen along with the other complaints regarding these matters.

1 comment:

  1. Terrific way of expressing those things in your post. Clear cut meanings.
    retaining wall Wellington