To: Michael McCartney, Chief Executive Officer, Horizons Regional Council
Cc: Rachel Keedwell, Chair, Horizons Regional Council
Cc: Bruce Gordon, Former Chair and Current Audit Committee Member

Dear Mr McCartney,

As an addition to my previous LGOIMA to avoid any doubt as to what has been previously requested, and as per FYI guidelines I have raised this as a separate FYI - although the information should be provided as a result of the request for all documentation in my previous LGOIMA.

I have been advised that in addition to obligations under the Local Government Act 2002, the involvement of Ministry for the Environment (MfE) funding in the grant scheme also brings into effect financial reporting requirements under the Public Finance Act 1989 (PFA). This includes the proper management of public funds and contractual obligations associated with the engagement of third parties such as LandVision.

It is my understanding that HRC would have entered into formal contracts for this purpose, and that these records qualify as protected records under the Public Records Act 2005 and therefore should not have been subject to deletion.

Further, my formal concerns raised with HRC in 2019 and again in 2023 regarding suspected misuse of a grant application—including a Council staff member allegedly signing on behalf of a landowner without lawful authority—should have triggered the preservation of all related records. These concerns were subsequently supported in 2024 by Dr Jon Roygard’s confirmation of unauthorised access to public funds.

Accordingly, I refer you to Section 18(1) of the Public Records Act and the Local Government Disposal Schedule (DA418), which states that records must not be disposed of if:

1. They relate to a suspected or ongoing legal, audit, or fraud investigation;

2. Their disposal has not been properly authorised and documented;

The minimum retention period has not yet expired (typically 10 years from last action for grant-related records).

I therefore request confirmation of the following:
3. Regarding the deleted records:
3.1 Was a legal review or risk assessment undertaken before any deletion?

3.2 Was Archives New Zealand consulted prior to deletion? If so, was the Chief Archivist informed that there were suspected fraud concerns raised?

3.3 Did any of the deleted records relate directly to the issues I raised with HRC in 2019?

3.3. Please provide copies of all disposal authorisation documentation, including:
a. The classification of the records under the Local Government Retention and Disposal Schedule (DA418), specifically under section 5.4.2 or any other relevant section;
b. Confirmation of the retention period used and how it was assessed;
c. Any internal documentation, forms, or approvals used to justify or support the disposal decision;
d. The name or position title of the staff member or records manager who authorised the disposal;
e. Confirmation of whether the Chief Archivist was formally advised of my complaints in 2019 and 2023, and of Dr Roygard’s 2024 confirmation of unauthorised use of public monies.

4. A copy of the disposal log or register showing all records deleted in relation to the environmental grant or land management plan I raised concerns about, including:
a. Record titles and descriptions
b. Dates of disposal
c. Disposal authority number cited
d. Responsible officer or staff member
e. Method of disposal (e.g., physical destruction, digital deletion)

5. Actions taken in response to my 2019 complaint:
Please confirm what actions were taken by:
a. Michael McCartney, Chief Executive Officer
b. Bruce Gordon, then-Chair and current Audit Committee Member
in response to the concerns I raised in 2019 regarding suspected fraud.

6. Actions taken in December 2023 :
What actions did HRC take following my renewed concerns raised in December 2023, and which Dr Jon Roygard subsequently confirmed the unauthorised use of public funds?

7. Systemic assurance:
What measures has HRC undertaken to ensure that other grants involving public money were issued to their intended recipients, specifically:

a. Actual landowners who paid for the programme through rates and taxes;

b. Landowners who may have missed out on funding such as fencing grants intended through MfE support?

I look forward to your detailed response addressing each of the points above.
You have my contact details should you wish to respond directly or seek further clarification.

Yours faithfully,

Gerard Paver