Update on formal complaints, application for judicial review etc:

Tena koutou, emails recently received from the Far North District Council provide further information, but not much.  Still incredibly vague and inadequate:

18 February 2016

Tena koe Katherine,

Further to my last message concerning 4 outstanding items of information, Mr Batchelor has recently met with Council staff and agreed to try and find the Public Liability insurance policy for you. I have some details of the road repair in 2013 and attach a plan showing the position of road repair, a photo showing the damaged road prior to repair, and retaining wall then constructed on the seaward side of the road.

I have reminded monitoring staff that I still need to hear from them about the possible marine pollution.

Regards,

Detlef Davies
Local Government Lawyer
Far North District Council

________________________-

18 February 2016
Tena koe Detlaf,

Thank you for this information.

1.  Has Mr Batchelor provided any of the information requested in the letters to him from the FNDC - there have been several letters, and several deadlines, the last being the 23rd December, and the information requests differed in each of the letters.

2.  Has Mr Batchelor provided ALL the information requested in the letters from FNDC.  On 6 January 2016 FNDC confirmed that NONE of this information had been provided, we've received none of it, so assume it hasn't - where is it?

3.  What enforcement action has been taken against Mr Batchelor regarding his ongoing and contemptuous refusals to provide any of this information?  What action has Far North DIstrict Council taken with regard to prosecuting Julian Batchelor for this ongoing contempt?  I insist that a prosecution is initiated without further delay!

3.  I requested all information regarding monitoring and enforcement, all correspondence with Mr Batchelor - none of this has been provided - have there been any enforcement penalties applied apart from the abatement notice whatsoever?  Would you please provide a schedule of all payments received by FNDC from Julian Batchelor regarding this property.

4.  The road was repaired in 2015.  This was widely witnessed.  Clearly staff need to look harder for this information, as they do regarding the insurance policy.  I understand your email as indicating that you intend to provide further information regarding the 2013 road repairs, please reiterate with staff involved in locating this information that these requests are urgent, and overdue and we require all the information about the repairs in 2013 and 2015 please.

5.  Due to previous communications destroying any illusion of good faith bargaining on behalf of some of Council's staff and Mr Batchelor, would you please obtain a full copy of the insurance policy from him - not just the policy number and the name of the provider and reiterate that this request is URGENT.

6.  There are a number of other outstanding issues, but in the interests of expediency regarding the priorities outlined above I will follow those up with you shortly.

Thank you for your attention to these matters.

Regards
Katherine Raue

______________________________________________________

29 February 2016
Tena koe Katherine,

Further to earlier correspondence, we understand that Julian Batchelor will contact us as soon as he has located the Public Liability Insurance Policy.

Information so far received about the road work carried out in 2015 consists of a long list of jobs done in Rawhiti Road between 2012 and 2015. I have separated the items for 2015 and attach the list on which the items in red are those which were within 200 metres of no. 147. I expect that the event in which you are most interested is the one on 23rd November 2015 relating to landslip but please confirm this. Please also advise specifically what detail you would like to know about this event and I will refer back to Roading.

As regards the possible effect of materials being washed into the sea, I am advised by Sam in Monitoring that the situation is ongoing and no conclusions have been drawn so far. He mentions that NRC have been involved in the discussion concerning erosion and sediment issues sorted out at no. 147. We can confirm that 2 recent meetings with officers in Kerikeri on building matters and on planning consents were productive and it is expected that Mr Batchelor will co-operate with the requirements of Council.

On the question of possible sea pollution, since this information will take more time, Council is exercising its right to extend the time for complying with this request for a further 14 days from the current expiry date which is tomorrow, until Tuesday 15th March 2016. This extension is made under section 14 of the Local Government Official Information and Meetings Act 1987. You have the right to complain to the Ombudsman about this extension but the reasons for its request is that information on this particular question is not yet available. This extension also applies to the production of Mr Batchelor’s insurance policy if he manages to find it.

Finally please note that I will be away from tomorrow for 3 weeks so the file will be passed back to Alice Astell to handle during that period; please write to her on alice.astell@fndc.govt.nz.

Regards,

Detlef  Davies
Local Government Lawyer
Far North District Council

"I am advised by Sam in Monitoring that the situation is ongoing and no conclusions have been drawn so far. He mentions that NRC have been involved in the discussion concerning erosion and sediment issues sorted out at no. 147. We can confirm that 2 recent meetings with officers in Kerikeri on building matters and on planning consents were productive and it is expected that Mr Batchelor will co-operate with the requirements of Council.

On the question of possible sea pollution, since this information will take more time, Council is exercising its right to extend the time for complying with this request.  This extension also applies to the production of Mr Batchelor’s insurance policy if he manages to find it."  This is an insult to ratepayers, to taxpayers, and to tangata whenua in particular.  Ngapuhi didn't sign up to this and we expect the Crown to take action against Julian Batchelor, who is not tangata whenua and has not consulted at all with tangata whenua, not fob us off with excuses like this.  The erosion and sediment issues are not "sorted out" and that would appear to be an outright lie or strong evidence of a delusional disorder.  There is certainly no evidence whatsoever to suggest that the issues have been "sorted out".

The complaints to the Ombudsmen, and others including Kelvin Davis and other members of parliament, are in the process of being escalated and an application for judicial review is being filed without further delay.

Further information regarding this matter can be found at this link.

Foul, Fiendish, Cruel and Brutal Crime - A Wicked Whangarei Wife-slayer:

Maori spiritual beliefs have always been very important to tangata whenua.  Particularly with regard to our waahi tapu, spiritual places, urupa, burial grounds where our tupuna rest and other sacred and historic sites.  It is therefore deeply, deeply offensive to discover the evidence of the history of the house which Julian Batchelor currently occupies at Rawhiti and which is the site of Mr Batchelor's unconsented works and breaches of the local bylaws.

A woman was murdered in this house by her husband, in front of her children, in a particularly sad, and vicious, attack.

The plot thickens however - the murderous husband pleaded not guilty of bashing his wife five or six times in the back of the head with an axe, embedding it about six inches in her skull, in front of the witnesses, because his wife wouldn't give him money.  The murderer's favorite son, 13 year old Herbert, witnessed the gruesome deed, before his father shouted "Goodbye" and rushed out the door.

Daniel Hammon was arrested a short time later after being located hiding in a pile of timber on the docks.  When he was taken into custody and searched, evidence came to light showing that the marriage was not a happy one.  Life must have been very difficult for women in days gone by and Mrs Hammon was not alone in finding it hard to feed her children.  The evidence was in the form of a letter from a Whangarei legal firm representing Mary Hammon, which requested that Mr Hammon make some effort to maintain his struggling wife and dependent children, urging him to agree to a separation, and requesting him to refrain from molesting his wife.  Mr Hammon had been sleeping in a tent with his son Herbert, while Mrs Hammon shared a room with a woman who boarded at the Huimai Boarding House, the scene of the crimes - past and present.

It seems that the family had previously owned a farm, that they all had worked very hard on the farm, the children being referred to as "little farm slaves", but that after becoming unwell, Mr Hammon had "become mentally afflicted."

Justice Cooper presided over the jury trial.

"The evidence of Doctor Duke, who it will be remembered figured in the Court some time back as the Defendant in a suit for slander, brought against him by a woman from Paparoa, and in which the Doctor, who conducted his own case, was hit for damages, was to the effect that Hammon suffered from a disease which most lunatics have.

The disease was obstruction of the circulation, the effect of which was to produce melancholia, irritation and mania.  What Hammon had done was what might have been expected.

Then the Doctor went on to explain at length how Hammon had had an explosion of nerve force - which no doubt is the "brain storm" which played such a prominent part in the Thaw case.

It was brought out in evidence that Hammon's father was a drunkard and that he had a sister who was insane,that he had brothers who were mentally deficient, and Doctor Duke went on to say that the families of the insane and epileptic stock, the stock of drunkards, were all liable to this Obstruction of the Circulation.

Doctor Dukes explained that he had studied at the Bedlam Asylum for three months and that that was 15 or 20 years ago."

"After questioning the Doctor for some time, the learned Crown prosecutor broke new ground when he questioned in the following manner - and as if things weren't bad enough, here's where it gets even more sordid -

The Crown Prosecutor:  I suggest to you that you are hardly in a position to give an unbiased professional opinion.  Hah!
Did you write to the prisoner two days after he committed this rash act?

Witness:  Yes.

The Crown Prosecutor:  I think this is the letter you wrote him (reading the letter) -
     "Dear Mr Hammon, May I express my sympathy with you in the sad position your rash act has placed you.  I know what you had for years to put up with. I know you had much patience and affection for your wife.  She was not altogether to be blamed.  It was Mr Smith before her - "

Witness ( - hastily interrupting) -
    "Mr Smith, what is that - "

The Crown Prosecutor:  "Your writing is like mine - difficult to read"

Witness:  "LET ME READ IT!"

The Crown Prosecutor: (continued)
    "It was your health bothering her, but if you had been a bigger man, and beaten her into submission at first you would have had more peace and more respect from your wife.  Will you tell your lawyer that perhaps I could help him.  But don't say to anyone that I offered to, it would do me a lot of harm.  Let your lawyer ask me as a medical attendant and I will write and tell him what I could say.  That is, if you care to cling to life, for really there is little to live for if a man be unhappily married, and I am sure you need not fear to meet your judge.  He will understand the temptations and trials of this wicked world.  Man is born to sorrow here and no wonder if sometimes he loses his head.  Kind regards, Yours sincerely, E. S. Dukes."
"I think you can hardly give an unbiased opinion."

After a bit more argy bargy the Judge intervened and desired to know how it came about that the letter was in the possession of the Crown.  Which was a jolly good point.

The Crown Prosecutor explained that the prisoner had received the letter from the gaoler, and after reading it, had handed it back to the gaoler.  Who presumably supplied it to the Crown Prosecutor . . .

"A VERY INSANE THING TO DO!" according to Doctor Dukes.

Perhaps the liveliest moment of the trial was when lawyer Skelton briefly cross examined another expert witness, alluding to the fact that he had apparently released a man from psychiatric care who went on to commit some terrible crime after he drank alcohol after the expert witness told him not too - this witness was of the opinion that Hammon was sane when he murdered his wife and that he intended to harm her.

The accused was found guilty, recommended to mercy, and sentenced to death.

This is interesting.  Seven years previously, in Wellington, the same Judge adjusted the black cap, and passed sentence of death on Claude Paget, found guilty of the murder or a young girl in Ingestre Street, Wellington.  In that case, however, the Executive of the day commuted the death sentence to one of life imprisonment.

The defence case in that matter, although ably raised though it failed, was the defence of insanity.  (Daniel Hammon apparently defended himself on the same premise with the 'assistance' of Dr Dukes).  At that time lawyer Tom Wilford was able to use with every advantage the remarkable, interesting, and weirdly strange evidence the alienists, who is America a short time prior had endeavoured, and eventually with some success, to support the plea of insanity for the notorious millonaire murderer Harry Thaw.  Following this His Honour was said to be deeply interested in the "mysteries of the mind", indicating that the Hammon trial must have been of great interest to him.

FNDC - criminally negligent? Email sent to legal department today:

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.

Cape Brett, Oke Bay Lodge, and Julian Batchelor:

Irirangi Waatea recently reported on the situation between Auckland property developer Julian Batchelor, the Far North District Council and the local hapu and tangata whenua at Hauai and Opourua in Ipipiri, and Julian Batchelor's plans for land he occupies - and a lot of other land, all the way on out to Rakaumangamanga in fact.

Julian Batchelor seems to have laid claim to "Cape Brett", by way of claim to intellectual property which he doesn't own, and by way of taking liberties regarding the publication of information which is seriously questionable - not least being the claim that the land is owned by a charitable religious "trust" when in fact it is owned by a limited liability company which is controlled exclusively by Julian Batchelor.

Batchelor's plans include an "international evangelisation centre" based on the property he currently occupies and a wide ranging a large scale commercial enterprise which exploits the local tangata whenua and their taonga for the exclusive benefit of Julian Batchelor, and the tangata whenua have had enough.

Evidence of the run off causing pollution to the sea caused by the unconsented and unlawful 'works' carried out by Julian Batchelor

Te komiti o te Kaitiaki o Opourua insisted that the Far North District Council issue a stop work notice to Julian Batchelor immediately following confirmation of the fact that Batchelor's 'work' was unconsented and in breach of the law.  Since then problems have escalated, with Batchelor initiating physical confrontations with users of the track up to our wahi tapu, Batchelor then makes complaints to Police in an attempt to 'establish a pattern of being a victim' - he lacks any insight into the fact that he's the perpetrator not the victim, and further serious environmental destruction caused by the run off of rainwater and overflow of storm water from the property Batchelor occupies - due to his illegal and unconsented 'works'.

The interview is at this link.

Further letter to Julian Batchelor 8th January 2016:

Tena koe Julian Batchelor,

Further to my correspondence to you via email to yourself (and the real estate company you are affiliated with as we have not yet had the courtesy of a response to this earlier letter) of 3 January 2016.

Te komiti o te Kaitiaki o Opourua is reviewing your consultation with hapu regarding your Resource Consent Applications.

In order for us, and the hapu RMU, to successfully review your Resource Consent Applications and engage in meaningful consultation at this stage, we require the following details and documents. Please forward this correspondence as soon as possible so that we can review your applications and consultations promptly. Feel free to contact us should you need assistance with any of the following requests.

1  Postal address; and
2  Contact phone number, email address and mobile phone number; and
3  Contact person or agent and address (if any); and
4  All Resource Consent Application Numbers (please indicate if you have applied for Resource Consent with FNDC/Northland Regional Council or indicate if your request is a preliminary assessment); and
5  All building or site works Proposala (in detail); and
6  Location of proposed development; and
7  Activity Classification (Controlled, Restricted Discretionary, Discretionary); and
8  Property Zoning and property Classification

Also include any of the following documents that may be relevant to your proposals and applications:
1  Recorded Archaeological Sites for the property and all Archaeological Assessments; and
2  1xA3 & 1xA4 Scale Copy of the Scheme Plan; and
3  Copy of the Certificate of Title; and
4  Telecom and Power correspondence and Plan (detailing the intended areas for construction); and
5  DOC Advice – Interpretation of NZAA Data; and
6  Print out of Cadastral Index from Terraview; and
7  Engineers Appraisal (detailing stormwater runoff, site stability etc); and
8  Neighbours Approvals; and
9  Sewage/Waste Water Scheme Plan (inclusive of all design and performance specifications); and
10  Building Plans (inclusive of all design and measurement specifications); and
11  Earthworks; and
12  Landscape Plan (inclusive of the types of trees/shrubs proposed for planting); and
13  All information regarding your alleged authorisation to cut down the pohutakawa on the reserve in front of the property you currently occupy.

We further request copies of all information requested from you by the Far North District Council in their letter of 13 November 2015 and associated correspondence please. That letter to you stated that the various information was required from you by three now expired deadlines and included more than one information request. We require this information immediately please.

We would appreciate your urgent attention to this matter and a prompt response to this request please.

Please forward all communication regarding this letter to the writer via: Email: kateraue@gmail.com

Thank you for your attention to this matter.

Na Katherine Raue
Te komiti o te Kaitiaki o Opourua.

Far North District Council confirm Batchelor has not provided ANY of the information required by the deadlines:

The Far North District Council wrote to Julian Batchelor regarding the unconsented and illegal works on the land he currently occupies at Rawhiti on 13 November last year:

Following the stop work notice and the news of the likely damage to the archaeological sites and the recent pollution of the sea, the Far North District Council have finally responded to the information request from Katherine Raue which was originally made on 7th November, for all information about the unconsented an unlawful works.  Batchelor should have provided all this information to the hapu Resource Management Unit a long time ago according to the law.  Here is the damning and rather incriminating response that we received this afternoon from "Alice" in the Wonderland that seems to be the Far North District Council legal department:

FNDC continues to ignore requests for information, complaint to Ombudsmen imminent.

Letter to Far North District Council
7 January 2016:

To Alice Astell and Darren Edwards, Far North District Council
7 January 2015

Tena koe Alice and Darren,

I wrote to FNDC on 7 December 2015 following a phone conversation with Wayne Smith, and requested ALL INFORMATION regarding the letter sent to Julian Batchelor dated around 14 November last year regarding the unconsented works, and have made additional separate requests since.

Would you please provide a copy of the letter FNDC sent Mr Batchelor and the other information requested without further delay. I attach a copy of part of the letter and request you provide the information circled immediately.

Thank you for your attention to this matter.

Katherine Raue
Te Komiti o te Kaitiaki o Opourua

Letter to Julian Batchelor requesting information regarding works carried out at 147 Rawhiti Road:

Recent rain in the Far North has resulted in massive erosion and pollution of the seas with soil running off the land occupied by Julian Batchelor at Rawhiti, following the illegal and unconsented earthworks, dodgy plumbing and drainage, engineering, etc.

Tangata whenua are becoming increasingly concerned at the damage caused by Julian Batchelor to the environment, this latest pollution and erosion is particularly difficult to tolerate due to the evasive and obstructive attitude of the Far North District Council.

Te Komiti o te Kaitiaki o Opourua will be contacting the Far North District Council and Far North Regional Council first thing in the morning when they reopen after having a wee holiday, and the communication will be duly published.  In the meantime, following the refusal of the FNDC to act today, the following letter was sent to Mr Batchelor:

To Julian Batchelor
From Te Komiti o te Kaitiaki o Opourua

3 January 2016

Dear Mr Batchelor,

We note recent contamination to the sea and erosion of the road and of the land with concern, likewise the news that much of the recent works carried out on the land you occupy are in breach of the law and unconsented, and likely to have damaged sites of significant cultural importance to us and of significant national archaeological importance.

We request that you provide all information you hold regarding building consents, resource consents - all applications as well as the actual consents for the earthworks, plumbing, etc, carried out so we can compare what was in fact agreed to and what was actually carried out. We request all information about your development of the land, and in particular all engineering reports, plumbing plans, evidence of what work plumbers did and when, etc, and all information regarding the earthworks, catchment areas, etc.
We request that you provide all this information without further delay.

We note that you were required to provide the FNDC with specific information by the 23rd December - please provide us with copies of all of that information immediately.

Katherine Raue
Te Komiti o te Kaitiaki o Opourua

Julian Batchelor's dodgy earthworks:

Julian Batchelor's been a busy man.  Below is a screenshot from Mr Batchelor's website.

Much of the material on Mr Batchelor's websites has been blatantly plagiarised from the local tangata whenua and their own existing land management plans, but Julian Batchelor likes to make out that all this is his idea, and he is leading the local tangata whenua who are his great friends.  This would not seem to be the case in actual fact.  In fact, emails between Mr Batchelor and Ngati Kuta kaumatua and hapu representatives expose a very ugly picture of Mr Batchelor indeed, nothing like the image Mr Batchelor likes to portray in his carefully stage managed public profile.

"Recently we wrote to the Department of Conservation and the Government asking them to seriously consider . . . " blah blah - this is directly copied from the hapu resource management plans and marae websites.  But Julian Batchelor hasn't consulted with hapu at all.  His communications with the tangata whenu seem to be that he met a couple of Maori chaps on the beach one day, asked them if they were locals, they told him they were, so he asked them if they'd like a job mowing his lawns etc.  Julian is now claiming that these chaps told him they were local kaumatua and authorised to speak for the hapu and make important decisions.  On the beach. Or while they were mowing the lawns perhaps . . .

Ngati Kuta and Patukeha would have expected Mr Batchelor to have written to the hapu long ago requesting a formal meeting to discuss his extravagant plans.  If he had done so a hui would have been convened at Te Rawhiti Marae, and notices issued to the whanau far and wide to allow full consultation, to facilitate this.  Mr Batchelor is a real estate agent.  He knows all about the importance of doing due diligence, and the implications of Te Tiriti o Waitangi, including the all important and much overlooked fourth clause of Te Tiriti regarding the sanctity of preserving the Maori spiritual beliefs and freedom of religion.

Julian Batchelor, as a real estate agent.  He is also very well aware of the importance of the laws and bylaws regarding proper consultation processes.  Everyone knows that every second Maori gentleman down the beach is likely to pull their leg and tell the tourists he's a local kaumatua, and his grandmother was a Maori princess, that's what the tauiwi want to hear.  A real estate agent - especially one who has received emails since 2009 - prior to him purchasing the property from the person who had no right to sell the land to him, advising him in no uncertain terms that the land is Ngati Kuta land, in fact our most precious and sacred land, and is under claims in the Waitangi Tribunal, and under protection from Heritage NZ - Julian Batchelor is taking the mickey to feign innocence in the knowledge of these matters!  Of COURSE he was aware of the legal requirements!

Having been stopped abruptly in his tracks by the Stop Work Notice and the Heritage New Zealand intervention, Mr Batchelor suddenly wants to "consult" with the locals.  'The locals' are not fooled - Mr Batchelor has been used to doing things on a very matey basis with the FNDC, fooling them into giving him vague "verbal consent" to desecrate our land and wreak destruction upon our land and Crown land and DoC land, on the basis of a cup of tea and a verbal chat.  Hapu are not so casual in their approach to this matter and have requested that Mr Batchelor and the Far North District Council provide all information regarding Mr Batchelor's developments, resource consent and building consent applications etc, forthwith and have advised them in no uncertain terms that there will be no 'consultation' until ALL of the information has been provided - Mr Batchelor was given until the 4th December 2015 to provide ALL information regarding the recent works to FNDC, then FNDC gave him until the 12th, then the 23rd - he's provided NONE of it!  But is trying to hurry hapu to meet with him, on the eve of the Christmas holidays, and make decisions in the absence of any information whatsoever - who does he think he is???

Julian Batchelor is a real estate agent and property developer from Auckland.  He is also the founder and 'leader' of a religious cult.

Julian and 'the team' at Evangelism Strategies International, ready to take on the world.

He has a plan to get rich renting out his "Oke Bay lodge" - the going rate for similar accommodation is $1200 per night plus extras.  He also plans to use Maori land and other land he doesn't own as part of his plans, which also include "evangelising" everyone who uses the Department of Conservation track to "Cape Brett", and has set up a slick website, including Department of Conservation "APPROVED" logos, intellectual property belonging to the local hapu (Maori tangata whenua, people of the land) which he has blatantly plagiarised without permission, etc.

Unfortunately, Mr Batchelor's plans don't live up to all the hype.

Here we have some evidence of Mr Batchelor's handiwork. 

We're waiting to see Mr Batchelor's resource consents - does this look straight to you?

This picture clearly shows the pohutukawa tree Mr Batchelor demolished to make way for his lawn.

You can see what a mickey mouse job this is just by looking at it!

Mr Batchelor then had some vague verbal chat with his mates at the Far North District Council, who issued "verbal consent for some work but not the work Mr Batchelor actually carried out" according to the Far North District Council.

Not worrying himself with trivialities and bothersome details such as resource consents and legal requirements, Julian and his trusty retired Christian engineer swung into action.  No end of heavy machinery was brought in and the knight in shining armour set about constructing a castle befitting his status as the very embodiment of god himself sent to save the world.  Unfortunately for the local residents whose lives depend on the road, which promptly collapsed into the sea under the weight of the heavy machinery and the erosion caused by Julian Batchelor's cowboy plumbing arrangements.

Julian parks his logs anywhere he likes.  This is the access to the local urupa (cemetery).  Locals are disgusted.

The actual size of the logs, and weight of them, can be seen in this picture.  Completely blocking the access to the urupa.

Te komiti are exploring a number of legal avenues and have a number of plans in place should Julian Batchelor attempt to continue to desecrate our land and evangelise our people.  We have our own spiritual leaders at Rawhiti and may of the local tangata whenua are deeply offended by Mr Julian Batchelor's arrogance and the utter contempt he has shown for the very laws that Ngapuhi signed a treaty to enforce against the tauiwi, let alone the utter contempt, and patronising condescension he has demonstrated toward the tangata whenua.

Mr Batchelor touts that "the locals are friendly" - and so we are.  The people of Te Rawhiti have been always renowned for their hospitality to visitors.  We are a kind, humble, gentle people, with a history of getting along with others, and working with others to mutual advantage, but the only advantage to be had from Julian Batchelor's plans is to Julian Batchelor. Mr Batchelor is blatantly exploiting the tangata whenua, and blatantly flouting the law with utter contempt for either the law or his neighbours.

Mr Batchelor also touts on his websites that his Oke Bay Lodge is well equipped to deal with "the overflow of visitors at the local marae".  He can't even deal with the overflow from his own teka kaka (filthy stinking raw sewage) let alone the visitors to our marae - if he'd bothered to take a glance at the websites of Ngati Kuta me Patukeha and Te Rawhiti marae he would have perhaps become aware that among the spiritual beliefs and practises of the people of the marae are included several other religions, such as Ratana.  He may perhaps have become aware that in fact the very first Ratana church in New Zealand is at the site of another Ngati Kuta Patukeha wahi tapu very close by.  Our kuia conduct Ratana church services regularly in the whare at our Marae, and Mr Batchelor's ignorant and arrogant lack of respect to their spiritual beliefs and freedom of religion, and freedom to visit their loved ones on the wahi tapu above the Marae, without Mr Batchelor's incessant harassment, his accosting them on the way to the urupa and our other lands, and his obsessive efforts to 'convert' them to his preferred form of religion.  He has no empathy or understanding of other people whatsoever, they don't matter to him, apart from where they fit in his plan, and he decided where we fitted long ago, the trouble is, he has never consulted with us, about any of it.  He is now claiming that he knew nothing about any problems.  That's blatantly untrue.

More trouble for Julian Batchelor - under investigation for possible damage to archaeological heritage sites:

Te komiti o te Kaitiaki o Opourua received information this afternoon that Heritage New Zealand are investigating possible damage to archaeological heritage sites on the land Julian Batchelor is occupying at Rawhiti.

On top of all his other problems, Batchelor now has to pay to have an archaeological report undertaken, and faces having the book thrown at him if he has damaged the ancestral wahi tapu.

Julian and 'the team'

Julian Batchelor spreads teka kaka on te wahi tapu o Opourua.

Te komiti o te Kaitiaki o Opourua are looking forward to viewing the information held by the FNDC and Julian Batchelor regarding the plumbing at his 'Oke Bay Lodge'.  Locals are less than impressed by Mr Batchelor's project management of the developments at Rawhiti in the breathtakingly beautiful Ipipiri (often referred to by visitors as the Bay of Islands).

The crucial criteria Julian Batchelor requires from the engineer apparently consists of the following:

• Be a Christian
• Be retired
• Be prepared to work for no pay

 Julian sees himself not so much as a real estate agent, but more as a knight in shining armour, ready to save the world and evangelise every one of the (supposedly) heathen savages of the land and anyone else who ventures forth on the 'Cape Brett Track' and everyone in the near vicinity in fact, and nothing is beyond his superman capabilities, even plumbing and building retaining walls, let alone being God's spokesperson.  His God will provide and all will be well, Mr Batchelor knows what he's talking about; according to him.

Of course it helps to attract the simple minded and gullible if you tell them that the land is owned by a Christian Charity - a "trust". 

Instead of telling them the truth.  The land is Maori land.  It has always been Maori land, owned by Ngati Kuta.  It is one of our most sacred and precious wahi tapu.  The bones of our great grandparents lie on that land.  Mr Batchelor has demonstrated nothing but contempt for the tangata whenua, and nothing but contempt for the law.

Locals witnessed and recorded the ongoing saga of Julian Batchelor's handiwork.  In detail, unfortunately for Mr Batchelor. 

This is an easterly facing view of Mr Batchelor's deck - the road and sea are behind the photographer.

This is the same deck.  Beneath it can clearly be seen a pipe or hose underneath the deck.

If the image above is opened in any reasonable image viewing software and enlarged, the pipe or hose under the deck can be clearly seen.  It disappears into the fill behind the original retaining wall, right above where the wall collapsed.  And right above where the road collapsed too.  

This is the same area shown in this video:

Other pipes on the property were also leaking, including what several 'guests' and witnesses described as "raw sewage flowing down the driveway".

'Guests' staying at Julian Batchelor's lodge witnessed (and photographed) raw sewage flowing down the driveway of Julian's 'Oke Bay Lodge.  Julian charges $5000 for the pleasure of watching sewage flow down the driveway, over our land, our sacred wahi tapu.

Julian Batchelor may care to reflect on the fact that there may well be serious consequences resulting from his actions.

All hell breaks loose for ESI's Julian Batchelor:

Statement from one of the tangata whenua:
Rawhiti Bay of Islands

Possible violations of FNDC consents for a large scale luxury accommodations lodge for tourists in Rawhiti, Bay of Islands, by the Auckland based ESI CHURCH Group, has got local residents and community members revved up in a fury of anger.

The earth works began several weeks ago without appropriate consents which has resulted in an abatement notice being served last week.

 But, unfortunately not soon enough. Many native and legacy trees on the property have been destroyed.

“It breaks our heart to see, of all things, a CHURCH, bulldoze over native trees that made up the landscape of a prime and possibly one of the most beautiful locations in New Zealand, in order to make itself money, said John Willoughby Rewha Parkes of the Rawhiti Hapu Whenua alliance”.

Visually, the destruction is hard to the look at. The natural shape and flow of the land has been changed to make it look more like a supermarket car park.

It’s disturbing to look at, and also disturbing to think that a Church group is capable of such destruction.

We will be seeking redress of course, but at this point in time we are gathering all information concerning what approvals were or were not issued and for what work exactly.  We are also seeking all engineering reports and archaeological reports.

The property is registered as owned by a commercial entity of the ESI Church structure and is being project managed by Church founder Julian Bachelor.

Retaining wall collapses, road falls into the sea and more trees cut down:

This is the situation on the property in September when the komiti began actively recording the damage and looking into the situation regarding Mr Julian Batchelor's resource consents.  The retaining wall collapsed, several kauri trees and other vegetation had been removed and this was just the beginning of what was to come.

The road also collapsed into the sea directly in front of Julian Batchelor's collapsed retaining wall at the same time.

During the next six weeks or so Mr Batchelor - a real estate agent who knows the rules but chooses to ignore them, went ahead with further major works without consent from the Far North District Council, without consulting hapu or iwi, and in breach of the bylaws.

Information requested from Julian Batchelor and Far North District Council:

Julian Batchelor

Representatives from the komiti Kaitiaki o Opourua have requested information from Far North District Council regarding all works on the site at 147 Rawhiti Road in the Bay of Islands.

Last week Te Komiti o te Kaitiaki o Opourua urgently requested that the Far North District Council issue Mr Julian Batchelor with a Stop Work Notice effective immediately pending inquiries into breaches of bylaws and the Treaty of Waitangi, regarding work done without consent on land he occupies at Rawhiti, and the serious adverse effects of the breaches of the bylaws and unconsented works on the surrounding environment, and on the tangata whenua, our wahi tapu, and our whanau, hapu and iwi.

The Notice was duly issued by the FNDC and served on Mr Julian Batchelor last week and the komiti are currently awaiting the information that they have requested from the Far North District Council according to the Official Information Act, LGOIMA and other legislation, prior to convening a hui to discuss further action.

Correspondence regarding these requests is copied below:  To be updated . . .

Email sent by te komiti o te Kaitiaki o Opourua to FNDC on 14 December - 

Tena korua Wayne Smith and Sam Van Ameringen, 

Mr Julian Batchelor was given until the 4/12/15 to provide the requested  information relating to RC2160177.  Additionally he was required to provide information by the 14 December 2015 relating to bylaw and building code breaches. 

Has any of this information been provided?  If so please provide copies of the information, and please provide all information previously requested, starting with the most recent information and working back, regarding the property Mr Batchelor occupies, and the road in the near vicinity, including the recent collapse of the road in front of 147 Rawhiti Road which we witnessed, all roading reports, photographs of the collapsed road, etc, the consents for the retaining walls, the original one and the replacement one, all other consents applied for whether approved or not, verbally or in writing, and all other information FNDC holds regarding the property at 147 Rawhiti Road. 

Hapu can not make informed decisions in the complete absence of any relevant information, and we need to be sure about what has happened and when, and exactly how this situation has come about.
Please provide all information relating to the bylaw and building code breaches without further delay, in particular the information Mr Batchelor was required to provide by 14 December 2015, and all other information requested as soon as possible.
Thank you for your prompt attention to this matter. 

Na Katherine Raue
KaitiakI o Opourua

Far North District Council have confirmed as at 16 December none of the information Mr Batchelor was required to provide has been provided.

This post will be updated and prior emails published as well as updates.

Stop Work Notice issued effective immediately:

The Far North District Council has issued Julian Batchelor with a stop work notice (Abatement Notice ordering him to stop all work immediately).

The notice can be viewed at this link.

Application for Stop Work Notice.

Te komiti o te Kaitiaki o Opourua me Araaka me Hauai have requested that the Far North District Council issue Julian Batchelor with a Stop Work Notice and Abatement Notice and ensure that he ceases the works and developments he is carrying out on the property at 147 Rawhiti Road at Hauai because of serious damage to the surrounding environment and the effect of this damage on the local people, as well as breaches of Far North District Council bylaws.

Above is an image on Mr Julian Batchelor's slick website, this is one example of the scope of Mr Batchelor's plans for not only the land he occupies, which is under Treaty claim and should have been returned to iwi by the former occupier as Mr Batchelor is well aware, but his plans to control access to and exclusive use of everything in sight including the track to Rakaumangamanga which currently under Department of Conservation management.  Mr Julian Batchelor has also taken the liberty of renaming everything in sight too, including our maunga tapu Rakaumangamanga (which he and others refer to as "Cape Brett"), our moana, Opourua, which he (and others) have renamed "Oke Bay", among other taonga and cultural heritage.  Not only is this disrespectful in the extreme, it would seem to be illegal.  The recent earthworks certainly are.

More on Julian Batchelor's retaining wall:

This photo shows the damage to the trees and vegetation, Batchelor chopped down the historic pohutukawa tree and has erected a garish 'Christmas tree' instead.

The original retaining wall Mr Batchelor erected, which soon collapsed.  The shoddy standard of work is clearly apparent

The wall collapsed, taking the land with it.  At the same time, the road in front of the property collapsed, falling onto the beach.

Here is the link to Julian Batchelor's application for resource consent to "construct a retaining wall within the road and boundary set up." (sic)

Note Mr Batchelor only lists a Post Office box and writes "NA" - not applicable in the space where he is required to provide another address.

The Far North District Council gave "verbal consent" to Mr Batchelor, whereupon Mr Batchelor took the liberty of carrying out a considerable amount of vandalism and destruction, which was done without consent - the "verbal consent" applied to unspecified minor repairs, not the large scale earthworks which were actually carried out.

Here is the link to the letter the Council sent him requiring him to provide more information, specific information, by the 4th December 2015, according to section 92 of the Resource Management Act.  Mr Batchelor hasn't provided any of it, showing a further blatant disregard for due process or the law, and Council are now saying that that they are "trying to get hold of Mr Batchelor and speak with him but are unable to get hold of him."

Formal requests have been made to Council to issue a Stop Work Notice immediately pending further consultation with tangata whenua and local hapu and further investigation by Council and independent engineers into the damage done to the land and surrounding areas and the significant environmental and cultural effects.