After paying out millions to repair a defective apartment complex, Napier's council challenged its insurer's “absurd” policy to deny weathertight claims.
The Arts Council, which governs Creative NZ, did follow the process as it was required, the judge said. Not all steps taken by staff in the process needed to be explicitly laid out. It also made no error. Creative NZ fulfilled its responsibilities in relation to responding to the complaint of denied funding, the judge decided. It investigated appropriately, and met the requirements of the complaints process. DANZ was “expressly advised” that it may not be successful in obtaining funding, despite the long-term nature of its funding relationship with Creative NZ. There was no basis for any legitimate expectation it would be consulted or notified other than what actually occurred.
DeMarco borrowed the money to buy shares in a company that owned two prized World War II fighter planes. But the Jackson trust was not repaid and, by 2016, with interest the debt had swollen to $1.1 million. To try to repay the loan, DeMarco diverted to his own company more than $2m from an Auckland aviation charity that was to buy three planes from The Vintage Aviator. He negotiated the sale of the three planes, but at a price inflated by a “secret commission” of $621,000.
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Eugene DeMarco was a production manager for The Vintage Aviator Ltd. (File photo)
An appeal was planned, DeMarco’s former lawyer indicated in court. DeMarco had wanted the bankruptcy case delayed while he appealed against the court decision on which it was based. The judge said at this stage there was no appeal, and if one was filed it would face a high hurdle”. The creditors had waited long enough, and shouldn’t have to wait to see if DeMarco could mount a challenge to the debts.
Ross Giblin/Stuff
Sir Peter Jackson and others have an outstanding civil claim against DeMarco. (File photo) There was evidence the creditors could repay the money if the judgment was reversed on appeal.