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 -

Kaitiaki o Opourua sent the following email to Alice Astell of the Far North District Council legal department this morning, so far there has been no response.  This post will be updated when a response is received.

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

 "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"

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 in 2013 -

 "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 a response will be referred to the Ombudsmen along with the other complaints regarding these matters.

The five million dollar public liability insurance was a MANDATORY condition of this application.

Far North District Council turned a blind eye, in the usual fashion, to the non compliance.  Maori land was, and is, frequently 'appropriated' for non compliance, but when a pakeha real estate property developer deliberately refuses to comply the Far North District Council turns a blind eye, wink wink, nudge nudge.

Julian Batchelor deliberately and repeatedly lied when questioned about this insurance policy.

There is evidence of serious environmental damage as a result of Mr Batchelor's occupation, and a history of acrimonious relations between Mr Batchelor and local hapu, who Mr Batchelor refers to as "a criminal group of maori". 

The history of this land, and the manner of its alienation and 'acquisition', is utterly shameful and does not stand up to scrutiny.  It involves attempts to bribe a judge, interference in the judicial process by parliament, cronyism, prejudice, bias, exploitation and blatant theft of the land occurred.  The land was acquired by fraud.  Pages 46-100 and the rest of this despicable publication show that the land was fraudulently acquired.  These documents include letters from my own great grandfather and great  grandmother.  Rea Paaka was occupying the land and cultivating it to grow kumara to feed her dozen or so children.  She was forced to remain silent about the sale by threats to prevent her accessing a pension, and false teeth.  Wiremu Paaka wrote to the Minister of Education asking for a school to be built at Rawhiti.

The two local hapu, Ngati Kuta and Patukeha, have Resource Management Units, and the questions must be asked as to why nothing has been done to challenge the acquisition of the land from the rightful owners: the Hiko whanau, Ria Rewha and the hapu, and why they did not identify the lack of public liability insurance required by the resource consent application?

The manner in which the Courts 'disposed' of these matters is appalling.  Concerns were raised in 2016.

In 2020 Far North District Council was forced to take Batchelor to Court, while local hapu still failed to act. 

The Court urged lawyers for Mr Batchelor and Far North District Council to "go and have a coffee and sort things out", before accepting their recommendation to let Mr Batchelor off with a $750 fine, despite the repeated and deliberate lies about the property being owned by a Christian charitable trust etc.  Batchelor is a real estate developer, he knows exactly what he's doing.