Lucas Place Pensioner Tenants – Formal Complaint & Information Requests

Lucas Place Pensioner Tenants – Formal Complaint & Information Requests

From:Neil Evans – on behalf of the Lucas Place Pensioner Tenants

Rotorua, New Zealand

Email: [email protected]

To:Chief Ombudsman – [email protected]

Privacy Commissioner – [email protected]

Rotorua Lakes Council – [email protected]

Auditor-General – [email protected]

Date: Thursday 23rd October 2025 18:46

1 · Joint Complaint – Chief Ombudsman & Privacy Commissioner

Subject: Formal Complaint – Rotorua Lakes Council and Emerge Aotearoa (Lucas Place Pensioner Housing)

Summary

On behalf of the pensioner tenants of Lucas Place, I lodge a complaint concerning maladministration, privacy breaches, and fiduciary failure by Rotorua Lakes Council (RLC) and Emerge Aotearoa (EA) in relation to the management and disposal of the Lucas Place pensioner-housing complex, believed to be on former airport-reserve land.

Key Issues

1. Misrepresentation & coercion – letters promised “no changes” while preparing 200 % rent rises.

2. Privacy breach – tenant details given to All Clear Ltd before consent or notice.

3. Failure of consultation & duty of care – unsigned inspection notes and unannounced visits to elderly residents.

4. Unlawful land disposal – likely breach of Public Works Act 1981 s 40 (offer-back duty) when airport-reserve land was sold.

Requested Investigations

1. Review RLC decision-making, communications, and partnership with EA.

2. Investigate the All Clear Ltd privacy breach.

3. Examine land-sale process and compliance with the Public Works Act 1981 s 40.

4. Require full disclosure of financial interests, beneficiaries, and sale proceeds.

5. Impose moratorium on rent increases and transfers pending inquiry results.

6. Mandate written apology and lawful consultation procedures.

Key Exhibits

A – RLC/EA “Positive Changes” letter (28 Aug 2025)

B – Meeting note – J-P Gaston assurance “no rent increase” (10 Sep 2025)

C – Tenant letters & Minister Bishop email

D – EA leaflet and unsigned tenancy agreement

E – EA Q&A sheet confirming $320–$420 rent

F – Anonymous “All Clear” notice and later RLC letter (Eric Tonkin)

G – Tenant correspondence showing distress and non-response

Outcomes Sought

• Public apology from RLC and EA.

• Enforcement of 30 %-of-market-value rent cap.

• Investigation of land title and restitution if sale proved unlawful.

• Confirmation that future data-handling complies with the Privacy Act 2020.

2 · LGOIMA / OIA Request – Land Title and Ownership Records

To: Official Information Officer, Rotorua Lakes Council

Subject: Request for Information – Lucas Place Land Ownership and Transfers

Under the Local Government Official Information and Meetings Act 1987 (LGOIMA) and Official Information Act 1982, please supply electronic copies of:

1. Original land-title designation and legal description (LOT / DP number).

2. Title deeds, Gazette notices, Public Works Act acquisition records.

3. All correspondence or resolutions approving transfer, sale, or change of purpose.

4. Valuations, sale agreements, settlement statements concerning Lucas Place.

5. Council/committee minutes authorising sale or transfer.

6. Reports naming beneficiaries or intended use.

7. Communications with iwi/hapū on offer-back obligations.

8. Mortgages, encumbrances, or leases registered on title.

9. Insurance, syndicate, or re-insurance documents linked to the property.

10. Conflict-of-interest disclosures by councillors or staff.

Please email to [email protected].

If withholding information, identify each statutory ground (s 17 LGOIMA) and decision-maker.

3 · Request for Forensic Audit and Financial Disclosure

To: Chief Executive – Rotorua Lakes Council

Cc: Auditor-General ([email protected])

Subject: Request for Forensic Audit – Lucas Place Pensioner Housing Portfolio

We request a forensic audit of all financial, legal, and contractual arrangements relating to Council’s pensioner-housing assets, including:

• Sale/disposal of Lucas Place units;

• Any commissions or partnership benefits;

• Flow of sale proceeds and allocations;

• Valuation methods used;

• Identification of beneficiaries and related parties.

The audit must be independent and publicly reported.

Non-disclosure constitutes a breach of fiduciary obligations under the Local Government Act 2002.

Please confirm within 10 working days that an audit will begin or cite statutory grounds for refusal.

4 · Request for Land-Origin Inquiry

Given that Lucas Place sits on what was airport-reserve land, we request an official inquiry (with LINZ and the Auditor-General) to determine:

1. Original purpose and acquisition authority.

2. Whether land was subject to Public Works Act 1981 s 40offer-back.

3. How title passed to RLC and subsequent purchasers.

4. Why holders or beneficiaries were not consulted.

All deeds, Gazette notices, valuations, and council minutes should be made public.

5 · Accountability and Insurance Disclosure

Council and Fiduciary Accountability

RLC and EA, and their officers, act as fiduciaries over public assets and tenants’ interests. Their Supreme Court-recognised duties of loyalty and care require full disclosure and honest decision-making. Each officer or councillor is personally liable for decisions made in breach of these duties or that cause loss through concealment or bad faith.

Insurance Notification and Disclosure

This complaint places RLC and EA on notice of potential insurance claims arising from maladministration, privacy breach, and fiduciary failure. They must immediately notify their insurers and brokers (e.g., Lloyd’s or Marsh syndicates) and disclose:

1. Current and historical insurance policies covering directors’, officers’, fiduciary, or professional liability;

2. Syndicate numbers, policy references, and claims managers;

3. Any claim notifications already filed in relation to Lucas Place.

Failure to notify insurers in good faith may invalidate cover and expose individual decision-makers to personal liability.

6 · Summary of Remedies Requested

1. Independent investigations (Ombudsman and Privacy Commissioner).

2. Freeze on rent changes and tenancy transfers pending results.

3. Publication of all land-title and financial records.

4. Independent forensic audit and land-origin inquiry.

5. Disclosure of insurance arrangements and notification of claim.

6. Formal apology and written assurance of lawful future governance.

Respectfully submitted,

Neil Evans

On behalf of the Lucas Place Pensioner Tenants

Email: [email protected]