Home' Greymouth Star : December 18th 2013 Contents Greymouth Star
Wednesday, December 18, 2013 - 3
A nal decision on whether a former
Catholic brother could be extradited
to Australia to face 252 child sex
abuse charges has been reserved.
e Commonwealth of Australia
wanted Bernard Kevin McGrath, 66,
extradited from New Zealand to face
the allegations. Judge Jane Farish at
Christchurch District Court ruled
earlier this year that McGrath should
stand trial across the Tasman. But her
decision was appealed to the High
Court at Christchurch where Justice
Christian Whata referred the case
back to Judge Farish. Yesterday in the
Christchurch District Court, Judge
Farish heard submissions from both
sides before reser ving her decision to a
hearing on January 17. --- APNZ
Train victim named
A teenager who was killed when
he was struck by a train outside
Christchurch on Monday has been
named as Jayden John Smith. e
16-year-old from Christchurch was
hit at a railway crossing on Factory
Road, close to Belfast, about 8.50pm.
A man convicted of manslaughter
following the death of Radio New
Zealand journalist Phillip Cottrell
has had his appeal against his
sentence dismissed. Nicho Alan
Tamati Waipuka appealed against
his sentence on the basis that the 15-
year starting point for his sentence
was excessive, the 12 months uplift
for his previous convictions was
excessive and that the minimum
period of imprisonment should have
been no more than 50% of the nite
sentence. Court of Appeal Justice
Tony Randerson dismissed the
appeal. --- APNZ
Death remains puzzle
e sudden death of a woman in
Te Aroha remains unexplained after
post-mortem examination results
came back inconclusive. e 28-year-
old, today named as Ying Hui Kong,
was found dead in her home about
11.30am on Monday. However,
police o cers investigating her death
are still unclear about what led to her
death. Police said further tests were
expected to take some time.
All children will be immunised
against the gastric infection
rotavirus from next July. e
announcement was made by Crown
drug distribution agency Pharmac
yesterday. Rotavirus mainly a ects
children. It causes illness and
diarrhoea which can require hospital
treatment and in severe cases be
fatal. Pharmac medical director Dr
John Wyeth said the vaccine would
cost an estimated $6.3 million a year
and could avoid up to 1200 hospital
admissions. --- APNZ
Numbers in Keno draw No 9630: 8,
9, 13, 14, 18, 23, 24, 26, 31, 33, 40, 44,
47, 51, 52, 54, 59, 61, 64, 71. Draw No
9631: 4, 13, 15, 18, 19, 25, 26, 27, 32,
34, 36, 39, 41, 51, 57, 59, 60, 61, 64, 71.
IRD scolded over tax case errors
A former Kennel Club judge and his
wife, who were banned from caring
for animals for 20 years, have had their
application for appeal dismissed.
David and Daryl Balfour were
convicted in December 2011 on three
animal cruelty charges after the SPCA
found 87 dogs and 161 cats in cramped
conditions with insu cient shelter,
water, light and ventilation on a property
near Dannevirke in 2007.
In a judgment released by the Supreme
Court of New Zealand today, their
applications for leave to appeal have been
dismissed. In the judgment, Chief Justice
Dame Sian Elias, Justice Terence Arnold
and Justice Susan Glazebrook said they
were not satis ed it was necessary in the
interests of justice that they heard and
determined the appeals. e justices did
not agree that the case raised a question of
general or public importance. --- APNZ
A man who murdered one of his triplet
daughters has been sentenced to life
imprisonment with a minimum non
parole period of 17 years.
omas Tamatea Ariki-Nui McGregor,
31, was sentenced in the High Court at
Whanganui this morning.
McGregor had earlier admitted
murdering his two-month-old daughter
Hinekawa who died on January 12, 2012,
in Whanganui Hospital.
A post-mortem examination found she
had su ered a deliberate head injury.
--- APNZ-Wanganui Chronicle
gets 17 years
A High Court judge has rebuked
the IRD, calling its application to
freeze $462,000 in the bank account
of a Rotorua woman "misleading"
and saying it contained "signi cant,
avoidable and troubling" errors.
e judge removed the freeze
and also ordered IRD to pay all the
legal costs of the woman and her
husband --- a move described as
"unprecedented" by a tax academic.
Inland Revenue early last month
deemed that two liquidated
companies associated with Rotorua
businessman Marcus Dymock owed
$462,000 in tax.
e companies' liquidator then
sought $450,000 from Dymock,
already having $25,000 on hand,
which in total could meet the tax
liability if it was ultimately proven.
Dymock agreed to return that
amount but the money had been
transferred to his wife, Charlotte
Dymock, and some had gone to a
solicitor for a potential house deposit.
e couple were also overseas when
much of this was going on.
After some complications the
$450,000 arrived in the liquidator's
account but the IRD did not check
if this had happened before making
an ex parte application to the High
Court for a freezing order.
An ex parte application is where a
defendant is unaware the application
is taking place. e freezing orders
were subsequently granted over
bank accounts of the couple. A total
of $462,000 was restrained and the
order was later limited to being over
one speci c account of Charlotte
e Dymocks this month went to the
High Court at Wellington applying
for the orders to be discharged.
e Dymocks' lawyer Mike
Lennard argued there were "material
mis-statements" in the freezing order
application which mean it should be
He also said there was not originally,
and was still not, an identi able risk of
the money disappearing that justi ed
a freezing order.
Justice Simon France agreed and
said in his decision this week that he
did not consider this risk had ever
e IRD, as part of its original
application for the freezing orders,
said that Marcus Dymock "had a poor
history of tax compliance".
However, Justice France said
this was misleading. He also took
issue with how the IRD presented
Dymock being out of the country,
which invited the inference he might
have left New Zealand permanently.
He criticised another instance of
"loose use of language" by the IRD
made as part of "building up a picture
of funds being at risk".
"I consider these errors signi cant,
avoidable and troubling."
He said the errors were "at the upper
end of misleading the court".
e judge said he did not consider
the orders would have been granted
"had the correct facts been presented".
He also awarded the Dymocks
indemnity costs --- which means their
legal costs will be paid in full by IRD.
University of Auckland Business
School senior lecturer in tax law
Mark Keating said the court awarding
indemnity costs against the IRD was
--- APNZ-New Zealand Herald
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A century-old Auckland villa
built for Sir Edmund Hillary's
grandmother will be removed by
the end of next month so it can
be replaced with townhouses.
Residents in Mount Eden
outraged at losing what they
see as an important part of the
neighbourhood's heritage, have
been protesting against the move
and even brokered a meeting
between the developer and
Auckland Mayor Len Brown.
But Manatu Street resident
Lucille Peters said negotiations
had fallen at and the developer
had indicated the house would be
gone by January 18.
"(Mr Brown) has been working
with the developer trying to come
up with di erent options so that
he could keep the villa but put
another house at the back but
that obviously hasn't worked," she
" ey're already pulling up the
driveway and digging up all the
bricks and stu ."
e protesters have questioned
the developer's right to remove
the house, but Auckland Council
insists the developer is acting
within the rules.
"All the odds are in the
developer's favour and none are in
the communities," Ms Peters said.
"I'm elding endless calls from
people saying shall we occupy the
house and chain ourselves to it."
e four-bedroom villa was
built for Sir Edmund Hillary's
maternal grandmother, Harriet
Clarke, in 1908.
e property was sold by
artist John Horner and his wife
Jeanette Hayward for $2,615,000,
nearly $1 million above its 2011
government valuation of
Mr Horner said in October he
did not know about the plan to
remove the building until after
"Herbert Road is not a heritage
street such as Burnley Terrace and
it's listed as 6A which (means)
you can do what you want with
it," he said.
e historic villa was being
relocated to Warkworth to
become another family's home
"It's a nice big section. It's the
best scenario if they're going to
move it, is that we know where
it is and that it's going to a good
place," Mr Horner said.
"I don't think it's the buyer
(that's to blame). His intentions
are good and we have a good
relationship with him. I think
the architect had the designer
building three properties there."
In 2011, Sir Ed's Remuera
family home was moved so a
neighbour could extend his
e house, built by Sir Ed and
his wife Louise in 1956, was
lifted on to the back of a truck
and shifted to an Otara school
where it became the Sir Edmund
Hillary Leadership Centre.
Outrage over Hillary family villa relocation
PICTURE: New Zealand Herald
e historic Mount Eden, Auckland, villa built for Sir Edmund Hillary's maternal grandmother in
1908 is to be removed and replaced with townhouses.
e Government's partial asset sales
programme will leave its operating
balance $108 million a year worse o
compared with the $49 million a year
impact previously estimated.
Treasury provided an update on the
scal impact of the "mixed ownership
model" in yesterday's half-year economic
and scal update.
Treasury estimated the Government
will lose out on $327m a year in pro ts
from Mighty River Power, Meridian
Energy, Air NZ and Genesis Energy as
a result of reducing its ownership to 51%
in each company.
e foregone pro ts include $321m a
year in lost dividends, which will now
go to investors who bought shares in the
e total foregone pro ts are lower
than the $340m it previously expected to
lose out on in the rst full year following
completion of the programme.
Treasury recently reduced its estimate
of the amount raised by the programme
and the mid point is now $4.8 billion
compared with $6 billion six months
It expects that money will reduce
government borrowing by $4.2b.
at will in turn result in nance cost
savings or reduced interest payments of
$219m a year.
e net e ect is a $108m reduction
in the operating balance. At the budget
Treasury estimated a net reduction in
the operating balance of $49m in the
rst full year following completion of
e reduction in proceeds from the
asset sales and the fact the cash would
all be received by the end of the 2014-15
year had altered the scal impact of the
sales, Treasury said.
Net debt would would decrease sooner
and that reduction would be smaller.
While the nance cost savings would
decrease sooner, the Government's share
of pro ts would be reduced sooner as
Finance Minister Bill English said the
Government did not regard estimates
of foregone pro ts as reliable given the
risk pro le of businesses like those in the
asset sales programme.
He said the Government was happy
to have reduced its exposure to risky
commercial assets like the companies in
the asset sales programme.
He said the asset sales had
demonstrated that "anyone can own
these assets" but a more important role
for the Crown was to use its balance
sheet to manage the risks of natural
disasters, social failure and long-term
--- APNZ-New Zealand Herald
Govt takes $108m a year
hit from asset sales
Labour says Special Air Service
troops are not receiving equipment
they need for combat and are using
their own money to buy it on-line.
During the court-martial of an
SAS soldier last week, the accused
said he did not return military
gear which he mistook for gear he
bought himself, Radio New Zealand
During the hearing, the trooper
said he spent more than $US15,000
($NZ18,000) of his own money on
tactical and protective equipment for
weapon modi cation.
Labour's defence spokesman Phil
Go said the Government was
responsible for providing soldiers
with the best equipment to keep
He said the fact the soldier bought
his own suggests the Government is
failing in that responsibility.
But a former chief of the Defence
Force says there is nothing unusual
about SAS soldiers buying their own
Retired Major-General Lou
Gardiner said there was a culture
of soldiers buying and swapping
equipment among themselves. He
said the SAS was well resourced.
e 29-year-old soldier, who cannot
be named, was convicted of stealing
military equipment and was found
guilty of unlawful possession of
"thunder ashes" --- small explosive
devices used to simulate battle noise
--- and had previously admitted
disobeying orders by keeping a
privately-owned rearm in his
He was acquitted on charges of
stealing a pistol holster and unlawful
possession of live ammunition.
Judge Christopher Hodson, who
presided over the court-martial, ned
the soldier $4700 but said he would
not be dismissed from the Defence
e soldier said he bought his
own charging handles for his ri es
because they were due for upgrade
and the current handles were unsafe
for ambidextrous shooters. He did
not want to wait for o cial gear to be
issued, he said.
e soldier also said he got some
items, including JPoint weapon
sights, from the US Army surplus
bins in Afghanistan.
Mr Go told Radio NZ today it
was incumbent for the Government
to give soldiers the best and most
necessary equipment needed to
" e fact that these soldiers had to
go out and buy their own equipment
suggests that the Government wasn't
providing them what they actually
However, Defence Minister Dr
Jonathan Coleman said the SAS
had the best equipment in the world.
"We have given them everything they
need to do the job."
SAS soldiers buying their own
equipment had been a long-standing
practice, he said.
A Defence Force spokeswoman
said Judge Hodson's decision did not
mean the soldier could not be stood
down from the SAS, and that would
be a decision for his unit to make.
SAS troops buying own gear: Labour
e killer of veteran journalist Derek
Round has been sentenced to life
imprisonment with a minimum period
of 15 years without parole.
Michael Umanui Werahiko, 31,
appeared in the High Court at Wanganui
today for sentencing for the May 17,
Mr Round, 77, was found dead in the
living room of his Campbell Street,
Whanganui, home. He had been been
beaten about the head, su ering skull
Werahiko had earlier pleaded guilty to
murder. Mr Round, the former editor
of the now defunct New Zealand Press
Association (NZPA), was a former
foreign correspondent with strong ties to
--- APNZ-Wanganui Chronicle
15 years for veteran
National MP Colin King has been
ousted in the lead-up to next year's
general election, with grape grower
Stuart Smith successfully challenging
him to stand in the Kaikoura seat.
Mr Smith was selected as the party's
candidate for Kaikoura at a meeting on
Blenheim-based, his family owns the
Fairhall Downs vineyard and he is a
former chairman of the New Zealand
"National's plan to build a stronger
economy is delivering real opportunities
for us in Marlborough and North
Canterbury, but regional New Zealand
is facing many challenges and there is
still much more to be done," he said in a
statement following his win.
It is unusual for a sitting MP to be
ousted in a safe seat.
Mr King was elected as the MP for
Kaikoura in 2005. He held the seat at the
2011 election with a majority of 11,445.
He said he was disappointed not to be
chosen again but he encouraged local
members and supporters to get behind
Mr King joins eight other National
MPs not standing again next year.
Revellers looking to party the night
away this silly season may have to cut
their fun short as new drinking laws
come into place.
From today, bars, restaurants and
clubs will have to shut by 4am, while
supermarkets, bottle stores and grocery
stores will not be able to sell booze after
11pm or before 7am.
Bars will face nes of up to $10,000
for serving intoxicated people, or nes of
up to $5000 for letting them enter the
"Intoxicated" means noticeably
a ected by alcohol or drugs to such a
degree that two or more of appearance,
behaviour, co-ordination or speech are
Police say they will use an "alcohol
assessment tool" to consistently work out
whether a person is intoxicated.
e moves come as part of the nal set
of changes under the Sale and Supply of
Alcohol Act, which was introduced last
e changes will help prevent alcohol-
related harm which dominates the police
force's Friday and Saturday nights,
Assistant Commissioner Grant Nicholls
"Alcohol is a factor in around a third
of all crime.
"Everybody should be able to go out
and have a good time, without causing
harm to themselves, others or the wider
community," he said.
"We expect enforcement to be carried
out with fairness and good judgment."
Police spokesman Kevin Sinnott told
NZ Newswire police would be using
their discretion during the transition
e law also changes the rules for
underage drinkers. From today, only
parents or guardians can give their
underage child alcohol --- or those with
the express consent of the parent or
People who drink in liquor ban areas,
use fake IDs, or lend an ID to an
underage person to use to buy alcohol
will face nes of $250.
Advertisements of free alcohol, or
alcohol discounted by more than 25%,
will be banned.
ere are also stricter rules for bar
managers and owners.
e law changes have been introduced
to improve New Zealand's drinking
culture and reduce harm caused by
excessive drinking. --- NZN
Bars close earlier
under new law
e jury has retired to consider its
verdict in the Helen Milner murder
Milner, 50, denies murdering
second husband Phil Nisbet, 47,
by slipping the sedative Phenergan
into his evening meal and, while
he was heavily sedated, probably
su ocating him.
She was also accused of making
his death, on May 4, 2009, look like
suicide in the hope of cashing in his
$250,000 life insurance policy.
It was a case that police originally
ruled as suicide.
Milner, who was nicknamed the
"Black Widow" by former work
colleagues, also denies attempting
to kill Mr Nisbet twice on April 15,
e Crown and defence both
wrapped up their cases yesterday
after testimony over 11 days from
more than 70 witnesses, including
family, friends, workmates, police,
professionals and medical experts.
e jury retired to begin its
deliberations at 11am today after
Justice David Gendall completed
ey will now decide whether
Milner fatally poisoned her second
husband, motivated by money, or
whether she has been a victim of an
orchestrated campaign of character
Justice Gendall told the jury to
"ignore any comments anyone may
have made to you" about the high-
pro le case.
"You are the sole judges of the
facts," he said.
He urged them to go about
considering their decision without
feelings of prejudice or sympathy
for either Mr Nisbet or Milner.
"You must be sure your decision is
not swayed by emotion."
e jury was reminded that it was
up to the Crown to prove Milner's
guilt beyond reasonable doubt.
e judge issued a question trail
to each juror to be used as a guide
when coming to their verdicts.
e Crown must prove that
Milner had drugged Mr Nisbet
with Phenergan without his
knowledge and that those drugs
caused his death --- by either being
an operative or substantive cause of
For a guilty verdict, the jury must
also be sure that Milner had "classic
murderous intent" that she meant
to kill him.
Justice Gendall also warned jury
members that they cannot reach
a conclusion out of a dislike for
e defence said Mr Nisbet took
his own life.
In nal arguments yesterday, the
jury heard the case boils down to
a choice between scienti c and
Crown prosecutor Brent Stan-
away said it amounted to an
"overwhelming circumstantial case".
Defence counsel Rupert Glover
argued it was not a case of murder by
poison, but rather an assassination
of Milner's character by "poisonous
testimony". --- APNZ
'Black Widow' trial jury out
A car exploded into ames following
a ve car pile-up on a bridge near
Haumoana yesterday, after a tourist
stopped to take photos.
Senior constable Iain Cheyne said a
German traveller stopped on the two-
lane bridge on Mill Road, which crosses
Tukituki River west of the seaside village.
" e tourist's vehicle was certainly
instrumental in the crash, after the
driver of another vehicle stopped on
the bridge to see if the tourist needed
assistance, before two other vehicles
that were following crashed into the
back of them."
Mr Cheyne said what "added to
the drama" was another car, "totally
unrelated" to the initial accident, drove
past the scene before bursting into
"It was certainly a strange and unusual
day and it all become very dramatic.
"I'm not sure why it caught re, or how,
but it was all a little weird."
e driver of the engulfed car said he
managed to avoid the pile-up and stop
before his car ignited, "possibly due to
--- APNZ-Hawke's Bay Today
Photo stop ends in bridge pile-up
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