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Statutory managers say Aorangi investors face losses on second ranked, interest-free loans to related parties

Posted in News Updated

Grant Thornton released its first Statutory Managers reports. A link to the full report is below.

Allan Hubbard's statutory manager Grant Thornton has released its first report showing investors in his Aorangi Securities shouldn't expect any money back any time soon and warns it is concerned about a lack of paper work after discovering an "intricate and complex intermingling" of affairs.

It said it had also frozen a further NZ$70 million in Hubbard Management Funds, a vehicle it wasn't aware of previously where the accounts were hand written and where further money had been lost.

Grant  Thornton also said many investors' loans appear to have been made to farms associated with Allan Hubbard and rank behind loans from banks. Investors face losses on these investments, it added.

"This could mean, in the case of direct investments in those farm businesses, that Aorangi would only be paid after the creditors of those businesses were fully paid," Grant Thornton said.

Some loans were also made from trusts to businesses on interest free terms.

Grant Thornton warned there was a risk investors owed NZ$96 million may not receive all their money back. It also announced and additional NZ$70 million invested in Hubbard Management Funds (HMF) had been frozen and it was also concerned about inadequate records for these funds. The report also notes the uncertainty of security and priority of Aorangi investors could require court direction.

The statutory managers, Richard Simpson and Trevor Thornton, made the comments in their first report to investors. The report (attached below) covers Aorangi Securities Limited, Hubbard Management Funds, Allan Hubbard and his wife Margaret plus associated trust entities.

"To date we have seen clear evidence that there is an intricate and complex relationship between the affairs of Aorangi, Te Tua Trust and the affairs of Mr and Mrs Hubbard and other associated entities," Grant Thornton said.

"A lack of paper work is also impeding our progress. The standard of the paper work for the entities is not what we would have expected to have found for business entities of this size and complexity. As a result, we will need some time to complete a review of the position and to decide what action is needed," it said.

The records of Aorangi showed it has total assets of NZ$132 million. Investors, other than the Hubbards, contributed NZ$96 million to Aorangi.

"From our work so far, it appears over NZ$106 million is invested in (including by loan to) businesses and charitable trusts where Mr and Mrs Hubbard have a direct or indirect financial interest."

"Some investors, who believed their investments were secured over land, may not in fact have this security," it said.

"The level of investments in (including loans to) businesses associated with Mr and Mrs Hubbard without registered security is of concern. Most of these investments are in or to farm businesses that have loans from banks secured by a mortgage over the assets of the farm. This could mean, in the case of direct investments in those farm businesses, that Aorangi would only be paid after the creditors of those businesses were fully paid," it said.

"There may therefore be a risk in certain circumstances that Aorangi does not recover all the money due to it."

"Investors should not expect any return of capital or interest in the short term. We know this will be distressing for the people who have received regular payments from Aorangi. However we need to fully understand Aorangi’s financial position in order to help protect all investors and to fulfill our management role."

"The uncertainty of security and priority of the investors may require direction from the Court. This process will take time."

"A charitable trust, Te Tua Trust, which is also in statutory management, has borrowed money from Aorangi and provided interest free loans to a range of business people." This trust made 170 loans.

Grant Thornton said some security documentation prepared in March 2010 had not been registered.

Grant Thornton said there were early indications some loans were impaired, including loans by the Te Tua Trust.

"If so, returns to Aorangi will be reduced."

'Similar to a finance company'

It said Aorangi started out as a contributory mortgage company but "now appears to operate in a manner which bears similarity to a finance company, and it appears to have lent to or invested in both entities related to Mr and Mrs Hubbard and third parties."

Grant Thornton also commented on Hubbard Management Funds (HMF), where other funds were invested by investors who also had money in Aorangi. It said it had frozen the funds in HMF and it was concerned about the inadequate accounting systems at HMF.

"Becoming aware of Hubbard Management Funds (an investment management business controlled by Mr Hubbard), of which we were not aware at the time of our appointment, has added another complexity to our role."

It said some investors had yet to receive their annual statements for the period up until the end of March, but should get them shortly. The market value of the HMF, which were not covered by the government guarantee, had fallen since March.

It also commented on the fees charged by HMF, which were not the same for various investors. "We understand investors were not necessarily charged the same percentage management fee. The management fee appears to have been variable based on the performance of the investor’s investment," it said, adding it was not aware of any formal disclosure statements being provided to investors before their investments.

'Handwritten accounts'

"We understand Mr Hubbard has maintained the client investment records manually by way of a hand written cashbook and journal entries, which are then posted to an electronic ledger account. There is no specific fund management software utilised that allows the entire portfolio to be balanced on a daily basis and an investor position statement at market value to be generated."

Grant Thornton referred to a "complex and intermingling of affairs" which would take some time to work through. It said Allan Hubbard was cooperating and it expected to report back to investors again by the middle of August.

We have attached the full report here. We welcome any insights or comments or pointers from our readers on what is important.

 

We welcome your help to improve our coverage of this issue. Any examples or experiences to relate? Any links to other news, data or research to shed more light on this? Any insight or views on what might happen next or what should happen next? Any errors to correct?

We welcome your comments below. If you are not already registered, please register to comment in the box on the right or click on the "'Register" link at the bottom of the comments. Remember we welcome robust, respectful and insightful debate. We don't welcome abusive or defamatory comments and will de-register those repeatedly making these comments.

106 Comments

''A charitable trust, Te Tua

''A charitable trust, Te Tua Trust, which is also in statutory management, has borrowed money from Aorangi and provided interest free loans to a range of business people."

Interest free loans? To mates and associates one assumes?

Does this sound very different from the way other finance companies were run?

Are they interest free loans

Are they interest free loans or are they loans where the interest is being capitalised.The banks have also been doing this on Dairy Conversions. There may be nothing illegal here.Just a repayment problem or equity issue

It says interest free in

It says interest free in several places, and there have been media mentions in the past about how Alan Hubbard gave interest free loans to people. Seems 'he' wasn't really lending his own money...

If that is right and it was

If that is right and it was not his money, then that is not good.

typical human behaviour

typical human behaviour determines that interest free money is hard to get back as there is little incentive to repay it. Decent people will repay it first but.......

I have now read the first

I have now read the first report from Grant Thornton. It is very disturbing. It essentially shows Allan Hubbard was orchestrating a massive amount of related party lending on interest free terms to and from charitable trusts he controlled.
Investors face significant losses on loans that weren't properly documented and without security in some cases. Many loans now rank behind banks and appear to have been mezzanine investments rather than first ranking secured loans over land, that some investors thought they had.
He was also running a funds management arm without adequate disclosure to investors and using handwritten records.
I suggest anyone in Timaru who wants to comment authoritatively on Allan Hubbard read this report before they comment.
Bernard

was he keeping the Dairy

was he keeping the Dairy Industry ponzi land price/ equity scheme down there afloat. What politicains have benefited from his lending?

Bernard.. maybe you should

Bernard.. maybe you should reside in a community for while.. get rid of all that angst and realise that your neighbour ain't such a bad geezer

right on

right on

sorry didn't mean to be anon

sorry didn't mean to be anon for last comment.. 

Anonymous, I think you are

Anonymous, I think you are going to find that this suggests the millionaire next door was not a good geezer any longer. According to the above, it looks like he has funded his dairy farms overdrafts with other peoples funds. Contrary to their orders. If interest from the dairy farms is not paid, then the ponzi develops, more money is needed from investors to cover the interest to the first investors. As Bernard says, this is not good.

 but what if guy at the

 but what if guy at the bottom of the pyramid is AH?

But its not, he used $96m of

But its not, he used $96m of other peoples money. Money which apparently he promised to invest in secured 1st mortgages.
He is the big-cheese, the guy on top!

Well maybe he will have

Well maybe he will have enough money to cover all investors, I hope so, but that still doesnt make it right.

I said this is not good

I said this is not good (ego).

From what I can gather, there

From what I can gather, there appears, prima facie, that there has been at least some grounds to raise suspicion over the record keeping between closely related party transactions that may involve a third party interest that may have not been disclosed.
It would also appear that the Statutory Managers have been unable to conclude that these transactions do not pose a risk of collection to the extent that they may not possess the level of security or collateral that the folk providing the funds were allegedly led to believe and/or that there may an impairment required in valuation of the advances made by Aorangi. 
To the extent that advances between parties may have been free of interest, this may be subject to other commercial considerations or terms which at least at this stage would appear to warrant further investigation.
In the meantime, there would appear to be some grounds for exercising some caution in regard to coming to a definitive conclusion in respect of the matters based on the preliminary report. 
However, in the absence of any other information, there would appear on a prima facie basis to be sufficient grounds for the appointment of the Statutory Managers and for their work to continue to determine whether funds are at risk and to what extent the risk of impairment in the collection of funds may ultimately result in parties that have advanced funds to Aorangi.

 the fact is that the aorangi

 the fact is that the aorangi gig is essentially a private investment vehicle.. the investors are associates of AH and know his modus operandi.. anyone who has had dealings with AH would understand that its done on a handshake and the back of an envelope.. agreed.. this must be changed to accommodate central govt ichiness and 21st cent accounting.. maybe that is why they've called in the guns.,. download the info before it disappears in the dialysis machine

There has to be more to it

There has to be more to it than that. When one person has to own so much that would make me suspicious of his or her real character. The report is short on detail but I think it can be accepted the SC and the SFO had good reasons to get involved and it is starting to smell like things are not as they should be.

 i agree.. the whole saga is

 i agree.. the whole saga is playing out like  a mad mid day soap opera and i can't wait to see who wakes up on  the hospital bed with amneasia... 

It's all very well to seal

It's all very well to seal the commercial terms of a loan with a borrower on a handshake but ultimately the terms of receipt and disbursement of funds by a finance company have to be documented formally in writing.  A finance company is nothing more than a series of legal relationships and if the terms of  these can't be proven with certainty you don't have anything at all really.
 

and if you have taken funds

and if you have taken funds from someone and promised them a return and then loan that money out for free you are breaching your fiduciary duty to do your uttermost to secure the return you promised the first party

anonymous and And y, are you

anonymous and And y, are you the same or just co-existing in the same space as in some Hawking like doco

 I like that concept.. but

 I like that concept.. but no..

good Im of for a walk

good Im of for a walk

and this is where the real

I get tired of all the good

I get tired of all the good old guys doing things on handshakes talk. Good business people, especially lenders have never done things on handshakes, not because of trust issues, but because otherwise you forget what you have agreed to. Only people who benefit from handshake deals are people who want to change the rules after the fact.... 

Agree, what happens if AH is

Agree, what happens if AH is not around to tell us the terms of the loans????

Come on Tribeless, lets hear

Come on Tribeless, lets hear what you have to say now.

He appears to be holding

He appears to be holding court over at the NBR, and is picking up a lot of flack. Fewer Hubbard apologists around now it seems, as reality starts to bite.

I shall simply copy and paste

I shall simply copy and paste what I put up on NBR yesterday, and what I wrote over a week ago. The only shred of evidence, so far, that would make me question what I wrote is the word of a poster called Shaun on NBR who said his parents in law were invested in Aorangi and they didn't know AH, although even then, he stated that was on the 'soliciting' of Hubbard and Churcher, the accountancy firm - I'm just repeating what he said, nothing else - which is not necessarily AH himself. It will still be down the SFO to prove to me that in terms of AH, the individual, it is not as I have written following, and if they can't then may all hell be let loose on them, on the conflict of interest rent SecCom, and on Simon Power for such heavy handed actions as this, and  the ruination of the reputation of a decent man.
Repeat: if there was soliciting for public funds, then there should have been a prospectus, I've got no bone of contention with that. One of the few roles of a minarchy is to stop the initiation of force and fraud (and that's all). But if there was no such solicitation, then there most definitely needs to be a judicial review of the role of the State here.
From that though, if there was soliciting by third parties, did AH know of this? I still hold him as an honourable man, caught out by the events, and these times where Nanny States complex hotch potch of laws in most part make a mockery of the transactions of consenting adults, and thus of free markets and of freedom.
So, to repeat myself, particularly not my last paragraph - if this post comes out in paragraphs (my last post didn't).
I’ve been thinking of Allan Hubbard’s ‘defence’ beforehand, as my opinion is he is a man of integrity, and there is no fraud in Aorangi or the seven trusts, however, I also believe he is not going to come out of the SFO probe well.
Why?
Because of what we are constantly hearing in the media from the Gaynors’ and no-brainers: ‘related party transactions’. There (obviously) looks to be a lot of them in Aorangi. According to Nanny State’s rule book, such transactions are, apparently, naughty. And the business media in NZ, which we are poorly served by, lap up this concept as ‘bad’ without ever thinking what it means in context. So let’s look at what a related party transaction is in the case of Aorangi.
An investor - in this company only friends and associates of Allan Hubbard over the last thirty years, it does not solicit for public money thus does not need a prospectus - places their money into Aorangi with instructions to invest it. It is then invested in, for the sake of example, a dairy farm, alongside an equity stake from Hubbard himself, and perhaps bank financing. (Furthermore, often a small shareholding from say, to extend this example, a previous share milker, to help them up to the first rung of actual farm ownership).
The involvement of Hubbard in this sense, that is, a related party transaction, ‘has been spun to be’, in the media, that he is taking investors’ money for his own use (fraud): but that is not the case here whatsoever. I suspect we would find that 406 of the 407 investors in Aorangi who appear perfectly happy, have specifically invested in Aorangi precisely for the related party transaction: they want Allan Hubbard on board, that’s why they’re investing through Aorangi. His acumen is why they’re taking the Aorangi ride to possible wealth in the first place, and with Hubbard invested alongside them, risking his own capital also, that incentivises success even more.
Unfortunately, 1 out of 407 investors has somehow fallen through the cracks here. It then appears that instead of simply sucking it up, realising in free markets it is caveat emptor (buyer beware), and asking for his money back – which Hubbard says he would have freely given - they have gone tittle tattling to Nanny State, who, as Nanny State always will, has come stomping in with her jackboots, running roughshod over the transactions of 406 consenting adults and Allan Hubbard (and a successful 30 year history!), and left the latter party’s reputation in tatters. It’s a tragedy for what this signifies about the sort of country we now live in where there are 1.75 million bureaucrats, beneficiaries and retirees for only 1.75 million people working and paying tax in the private sector, Allan Hubbard and the 406 investors amongst them. (And the role of Jane Diplock and her conflict of interest ridden Securities Commission must surely be actionable by Hubbard).
This is a conflict of values verse the valueless welfare society that works on a ‘something for nothing’ ethic, thus can strip a man back to nothing without a fore or second thought; where country meets the cynical city (in this case, with no idea how the community of South Canterbury works); where an old style investment approach amongst friends and associates based on trust and honour meets the bureaucrats’ inflexible rule book made necessary by the second-handers’ word that can never be trusted. Given all the power is of course in the hand of the State, I can only see this ending sadly for Hubbard. And if the facts are as I have surmised above, and I’m pretty confident they are, then ‘if’ a case for fraud is taken, and I’m sure it will be, the facile media will be crowing, which will make the absolute injustice occurring here, at the brutal hands of Nanny State, all the more heinous for it would see the loss of reputation of a man who is better than any of the little men in suits baying like wolves at his feet to bring him down to their own low level.
 

[Someone please, what do I

[Someone please, what do I have to do to get paragraph breaks in here?]

AndyH ... this one of us has

AndyH ... this one of us has to work, I post mainly early morning and evenings, I can't cover both sites.

... and by the way, read the

... and by the way, read the NBR thread. I'd hardly say I'm getting a lot of flack, the comments are about 50/50. (Apart from the flake, Sarah, of course).

The thing you obviously still

The thing you obviously still don't comprehend is that if AH is subject to the law, and he should have known the rules.

The rules AH chose to ignore are not new ones.

If it was all okay to borrow money from 'friends' and loan it to other 'friends', (unsecured & millions at a time) the government might as well give up trying to prevent fraud. Anything could be defended by saying "I'm going to pay it all back...one day".

I know AH isn't Bernie Madoff, but Bernie didn't miss a payment until the day he gave up the scheme either.

Neither of us knows if AH

Neither of us knows if AH chose to 'ignore any laws' or not. The initial report is very full of words such as 'may' and 'might', but is more notable for the fact that other than the accusation of 'poor records', there is nothing factual in it that can be considered substantial at all.

And even look at the way they're using 'poor records', and then how the MSM like Bernard twist this with their reckless headlines: what it seems here is they mean, predominently, he was using hand written records, as an 80 year old would. (And not quite incidentently, I'm starting to wish some of my clients would chuck the computers and go back to neat, hand written, reconciled cashbooks, because I'm starting to get sick and tired of ledgers which are computerised messes. The way it works is, someone who is organised and studious will keep good paper or computerised ledgers, however, someone who is disorganised and lazy will mess up both, but they have a much better chance to spectacularly muck up the computer ledger due to the ability to put entries on so quickly - especially when they don't understand how the components of their computer accounting system work together: debtors, general ledger, etc). So I am not even going to conclude, at this stage, that there were poor records, just hand-written ones, which tells me nothing.

As stated, the Managers first report is typified more by it's lack of substance than anything else.

And as for your sentence; "if it was all okay to borrow money from 'friends' and loan it to other 'friends', (unsecured & millions at a time) the government might as well give up trying to prevent fraud."

Why do you look to Nanny State like this to excuse your laziness. If 'friends' get together to invest money as you say, then yes, Nanny State has no right to be involved whatsoever. So long as there is no solicitation of the public in general, the State should bugger off. Those friends should most certainly cover themselves wtih written contracts they can hold each other too, or to ultimately prove fraud, then a worthy subject for the courts, but they may stupidly choose not to do so either: free markets equal buyer beware. The State has no right to stick its nose into the transactions of consenting friends going about their business, none at all. And the principle doesn't change whether it's $1 or $1 million.

But if the venture that the

But if the venture that the friends are involved in collapses and that negatively impacts the community in which they live - because no one is that isolated - then what? Just collapse the community so the liberty of the friends is not compromised?

Please go and read some

Please go and read some history.

And this vague 'community' you talk of, were they paying AH fees out of happiness in the good times for the way he was lifting them all up?

For some reason my above post

For some reason my above post has chopped off the whole opening which should have read:

Danny, do you realise the reasoning you just put up has been responsible for the murder of hundreds of millions of free people under totalitarian regimes, for that is always the cry of the tyrant; 'for the good of the many'. Please go read history.

[Bernard, I've grown to hate this editor software thing you're using.]

Perhaps it's got a rant and

Perhaps it's got a rant and bs filter now?

I guess the concept of

I guess the concept of community is vague for some. The wider community may not have been paying AH fees out of happiness in the good times, but undoubtedly they would be impacted by collapse of something that is dependent on their existence and having pay to cover resultant losses via community fees (taxes), as well as paying SMs that now appear to be very, very justified in their work.

We don't know if the SM's

We don't know if the SM's work is justified or not. For me, I certainly don't draw that inference from their first report. We all have to wait for the final analysis they put out.

But I can say with history as my proof, that every society that has lived under the ethic of the individual being sacrificed for the community, ends up sacrificing the lives of every individual in the community. You advocate the brutalising barbarian society, not a civilised and free one.

The rule I am talking about

The rule I am talking about Tribeless, is this:

Nobody, but nobody, can take money from someone and promise to use it for a particular purpose, then use it for something else instead.

If I loaned $100 to a friend to put in a secure investment, and he chooses to loan it unsecured to another friend, he has acted illegally. (Whether or not he intends to pay it back is irrelevant.)

The SM's have given us enough detail to know that money loaned to Aorangi was not all being used as they expected.

"The SM's have given us

"The SM's have given us enough detail to know that money loaned to Aorangi was not all being used as they expected."

Have they?

There were a lot of 'might' be this, and 'may' be that, but can you quote a substantive section which no such qualifications?

... with no such

... with no such qualifications?

You are scrabbly at finicky

You are scrabbly at finicky detail now Tribeless.

They can't state anything as an absolute fact without qualification at this early stage, but there is no way they would state it at all unless they had hard proof.

Better eat your words now before they get any more indigestible.

You are scrabbling...

You are scrabbling...

Compare your earlier: "The

Compare your earlier: "The SM's have given us enough detail to know that money loaned to Aorangi was not all being used as they expected."

With, now, your: "They can't state anything as an absolute fact without qualification at this early stage ..."

What conclusions do you draw from this contradiction?

No contradiction, I still

No contradiction, I still believe enough detail is there, albeit qualified.

The difference between your opionion and mine seems to be that I take what the SMs say in their report as fact, whereas you don't on the basis that they inserted words like "might", "may" etc.

Starting to run out of room

Starting to run out of room Bernard.

Thankfully he's an

Thankfully he's an accountant, not an investment advisor!

All the same, glad he is not

All the same, glad he is not my accountant. Don't forget HC put clients money into Aorangi (un)Securities.

h e l p m e

h
e
l
p
m
e

What does 'might' mean? What

What does 'might' mean?

What does 'may' mean?

I'm saying none of us will know until the final report is in. I find, given his good reputation up to now, the readiness of many posters on this thread, and Bernard through his sensationalised headings, to destroy AH's reputation without the full, solid facts, repugnant.

Yes, I think the facts about

Yes, I think the facts about AH are repugnant also, but you really should wait until he is in jail before you say so - and even then, you should really say that he was just the victim of a set-up, and was never guilty of anything, ever.

(Frustration makes me sarcastic.)

Open your eyes old chap.

Imagine if Mark Bryers did

Imagine if Mark Bryers did things on a  handshake (he probably did as I'm sure many people trusted him) what would people say.
There is no excuse for what has been going on, one man in the main, although I suspect there are others who got wealthy off the back of other peoples money.
 
Watch for farm prices to take a dip as  these things get unwound, and losses are incurred as the banks won't finance them to the same levels.
 
 

FYI, I have just added this

FYI, I have just added this line from the report, which relates to Aorangi, into the story: "The uncertainty of security and priority of the investors may require direction from the Court. This process will take time."
The description in Grant Thornton's conclusion of "an intricate and complex intermingling of affairs" really caught my eye too.

So what? You're talking about

So what? You're talking about entities that have never missed a payment and are largely based around old-school financing arrangements. The best the stat managers have come up with is incredibly underwhelming allegations of bush accounting and have now announced they'll be stopping payments. Bravo! (not).

Now to add a little down to

Now to add a little down to earth comment.  As a patriarch of my family I have railed against the stupidity of this nation investing far too much in housing - something I would never do on principle alone.  Yet I have members in my family with investment properties and grandkids still thinking that an investment property is the big dream.  A constant refrain from them is "where else is it safe to put our money?  
It seems to me that we should be pushing just as hard for tougher controls of all investment options; certainly as strongly as we denegrate the stupid over-investment in housing.  

Now I see why Hubbard has

Now I see why Hubbard has been chosen as the sacrificial lamb. He was a rather schizophrenic financier that doesn't totally fit the slaveminded predatory psyche that dominates the international banking and commerce network.
He has done nothing different to what registered banking institutions of every level do on a daily basis.
When the overall banking network has gotten that greedy they nearly expose themselves to all for the pyramid scam they are, they pich out a few sacrificial lambs to sacrifice in public so that the public will think something has changed, but in truth the underlying flawed fundamentals remain the same:
This from the US Federal Deposit Insurance Corporation http://www.fdic.gov/regulations/safety/manual/section3-8.html
"Regulatory concern with off-balance sheet activities arises since they subject a bank to certain risks, including credit risk. Many of the risks involved in these off-balance sheet activities are indeterminable on an offsite-monitoring basis."
cheers
Iain Parker
http://publiccreditorbust.blog.com/

Go for it Parky...those dam

Go for it Parky...those dam banks and their interest payments...munny should be free...right Parky?

Ye gods man, what a

Ye gods man, what a ridiculous, conspiracy driven rant. The guy didn't even do any paper work! That's just incompetence!

Really this makes one wonder

Really this makes one wonder how much REAL equity there is (if any) in Allan Hubbard's empire.

No, not all of it Wally, only

No, not all of it Wally, only the monetary base needs to be free of interest and honestly backed. Down the credit lending chain from that all credit must remain honestly backed and there has to be an extinguishment process that removes money from circulation to avoid inflation, but removed at a service rate that covers administration costs and only fair and reasonable reward for those that run the system.
At present one of the major tricks that ensures the private banking network is a pyramid scam is the conditions that mortgages are created and lent. It is widely admitted by many banking officials, private and public, that every new mortgage at its inception is simply an account of created credit typed into the banks computer vault and then loaned out at interest to the borrower with the asset that is going to created being the collateral for the loan. Done right under reasonable conditions this process could serve society by unlocking resources and labor, expanding the economy and creating an asset that is also a necessity of life, being shelter.
Now, given that we are told interest charged is supposed to represent the risk involved of someone relending their hard earned savings, we would assume that the interest charged on a mortgage, given it was created out of nothing, would be more of a very reasonable service fee than a crippling ball and chain that returns the lender 2-3x the created principle loaned due to the usurous rates of compounding interest they attach to it.
That said, returning to the topic of the creative accounting process of off book debt balances by financiers, the below interesting article puts the case that off book debt is a major part of what has made the banking system insolvent and has enslaved the world with debt at the hands of the private bankers. For the lovers of charts, it has a very good one near the bottom: http://www.informationclearinghouse.info/article24675.htm
"And here is the topic that will dominate over all pundit round table discussions in the next weeks: the entire world is insolvent, although some are more insolvent than others. Greek total net liabilities (on and off balance sheet) to GDP are 800%! EU: at 470%, the US, at over 500%. There is no way out but default......... I am persuaded by my colleague Dylan Grice's analysis that, including unfunded liabilities, most governments are already insolvent with debt to GDP ratios closer to 500% of GDP instead of around 100% for most G7 countries it is to late. 
Iain  http://publiccreditorbust.blog.com/
 

How long can SCF be kept at

How long can SCF be kept at arms length from the Hubbard Statutory management procedings? If the Aorangi dealings are a "complex" web of party-related transactions then throwing SCF into the mix would open up a minefield.
Why would Hubbard establish 6 " charitable" trusts in March and assign over personal assets to them? They are not registered as Charitable Trusts so why would he be trying to protect personal assets?
The Hubbard " empire" is nothing but a self-funded paper empire that has continually relied on party related funding, and mis-using investors funding, to meet commitments. When Hubbard is exposed where does that leave SCF? Suspend the Govt Guarantee now. The tax-payer should not have to prop up this company. If it can't survive without the GG then better it all gets sorted out now and limit any further damage.

I do not know the rights and

I do not know the rights and wrongs in this case. I am not an investor in Aorangi. And I do not hide under a pseudonym.
What interests me is that everyone gets a fair shake of the dice. There has been some pretty vitriolic stuff posted on this blog from some quite opinionated posters who seem to be better informed and be better analysts than we poor mortals.
I have indeed read the Statutory Manager's report to investors and I am little the wiser for having done so.
Despite your headline, I do not see where it says investors are likely to lose money. It does say some loans may be impaired, but aren't the first losses worn by the shareholders. There is no indication of what impairments might be required.
It is not clear from the report whether Aorangi managed loans on behalf of investors as agent, nominee or trustee or whether Aorangi borrowed money from investors as principal, and then advanced the loans as principal. Surely that fact would have a bearing on whether a prospectus "might" be required.
Note I say might as there are several exemptions in the Securities Act from the need to provide a prospectus.
If the company did need a prospectus, then an aggrieved investor could within a year of finding out the deficiency have sought to a-void the issue to him of securities and asked for his money back. Has anyone done so and if so has the company refused to refund? [Maybe the appointment of a Statutory manager closes the door for any investor now wanting to try this exit].
Second the Securities Commission can take action against an issuer who didn't provide a prospectus under the Securities Act. If the complaint was made to them in February, would it be too soon to expect a prosecution to have been laid by July?
And what has the Statutory manager found - that the affairs are complex? is that against some law.
Some loans appear to be unsecured? What law says that all lending has to be secured (and frankly is is any safer it is secured by 2nd mortgage than not?)
Some loans have been made to a Charitable trust, and that CT has then advanced some loans interest free? Is it against some law to make an interest free loan? If it is then jails won't be big enough to house parents who have made such loans to kids!
Some financial records seem to be paper based. What law says they can't be paper-based? What law says that a company must be able to give a real time reconciliation of all items in its balance sheet?
What law says that every firm must follow "best practice" as determined by consultants?
What evidence is there that any investor has not been paid interest and/or principal on any contractual date.
With regard to Hubbard Management Fund, this seems to me to be a discretionary mandate fund manager. The fact that some investors pay different manangement fees based on performance sounds to me very much like a performance based management fee. When did that become illegal.
I personally don't think the future of the financial system in NZ depends on whether the 400 odd investors in Aorangi lose all their money or get it all back. The Government has taken extraordinary steps against the company and the Hubbards.
The only logical explanation I can think of why they did so (in the absence of any published complaints by any investors, and in the absence of any major immediate finding of problems by the SM ) is that they thought a giant Ponzi scheme was in play and the only way to determine whether it was ot it wasn't was to turn the music off and see what happened.
The regulators may well be right in the end. But if they are wrong, how would they go about compensating the Hubbards for what has been done to them?
 
 
 
 
 
 

Did you read the report? You

Did you read the report? You say I do not see where it says investors are likely to lose money.
Read this again, because to me it says that the investors are indeed likely to lose some money (I've highlighted the critical bits):
"From our work so far, it appears over NZ$106 million is invested in (including by loan to) businesses and charitable trusts where Mr and Mrs Hubbard have a direct or indirect financial interest."
"Some investors, who believed their investments were secured over land, may not in fact have this security,"
"The level of investments in (including loans to) businesses associated with Mr and Mrs Hubbard without registered security is of concern. Most of these investments are in or to farm businesses that have loans from banks secured by a mortgage over the assets of the farm. This could mean, in the case of direct investments in those farm businesses, that Aorangi would only be paid after the creditors of those businesses were fully paid,"
"There may therefore be a risk in certain circumstances that Aorangi does not recover all the money due to it."
All legal and above board Mr Weatherston?

You appear to have made

You appear to have made several steps of judgment to get from
"There may therefore be a risk in certain circumstances that Aorangi does not recover all the money due to it."
to "investors are likely to lose money."
You may be right in the end, but there is nothing in the report on which to make those calculations. But I point out that all the shareholders equity has to be lost before teh "investors" lose a cent.
 

To me; 106 million loaned to

To me; 106 million loaned to associated parties + large number of loans not secured + loans made to people with other loans + lack of paperwork + company entirely run by one octeganarian + economic downturn and reduced asset values + loans made interest free to charities = likely that more money will be lost than just the shareholders equity.
You maths is obviously different to mine.

"You" in last sentence should

"You" in last sentence should be "Your" (obviously).

Murray: This is why we 'hide'

Murray: This is why we 'hide' under a psuedonym. Perhaps your view of how the modern wold works is similaly clouded?

Thanks for pointing out the

Thanks for pointing out the hole in this website blog.
Message to Bernard - is it beyond the wit of man to design a password protected comment log-in facility that allows those of us who are prepared to put our name against comments to do without the risk of identity theft?

You are right. We are working

You are right. We are working on it.
cheers
Bernard

Murray, Good to see someone

Murray,
Good to see someone else understand the importance of principal vs. agent vs. nominee/trustee-beneficiary/settlor. What is in breach of the Crimes Act is to take money as a trustee and then breach the trust by investing it not according to the terms of the trust. This appears to be the most serious allegation facing Mr Hubbard that he took funds as a nominee (bare trustee), on the condition that it be invested in first mortgages, and then basically transferred the money to his own interests without documentation or security. On the face of it such a transaction would appear to be misappropriation of the trust funds (also criminal breach of trust). If you tried to defend your actions by saying it was a debt and would be repaid, rather than as your grocery money, then you'd still be guilty of criminal breach of trust, which I understand is a form of fraud. Mr Hubbard's comments appear to be quite close to 'I was just borrowing it but I promise to pay it back.'
 

Murray perhaps you should

Murray perhaps you should hide behind a pen name because I know in your role as an adivsor to people that I know that you clearly know little about investing and you should be ashamed of yourself.

You personally advised two of my friends to get into every finance company going, including St Lawerence, Hanover, Dominion and a hole host of other finance companies that no longer exist.

These people had no business putting their life savings into such risky companies on your neglgent advice. Any experienced adviser or someone even listening to their client would have put their money somewhere else.

Take up up with me please and explain your side of things.

Darren Rickard

 

www.shareinvestorblog.com

Murray where I live - on

Murray where I live - on planet earth - its not OK to say that you are investing monies in first mortgages then lend it on interest free to your mates.
But next time I want to invest on your planet I'll come knock at your door - you sure do have odd ways of doing things there.

There are some interesting

There are some interesting comments in this Timaru Herald article - http://www.stuff.co.nz/business/personal-finance/3917883/Investor-anger-... - from Aorangi investors.
 
Here are some examples:
 
"Those bloody idiots think we (Aorangi investors) need a glossy prospectus, and an ex-All Black to front the ad campaign. It is absolutely appalling what they are doing to a person who has never let anyone down and has helped hundreds of people over the years."
 
"It was eight pages of absolute waffle that a primary school kid could have written. With no funds to be released before August and everything frozen, it has taken a turn for the worse in my view."

"The chap has been running on a particular way of operating ... people who have invested in him have worked on the basis that you might give it to a rich old uncle to invest. You know he's going to back you up."

A lot of Madoff's clients

A lot of Madoff's clients thought like that. Rich old uncle. Maybe rich on using other people's money in an inappropriate way.

Spare us the dribble

Spare us the dribble Anonymouse. Hubbard's affairs are old school. That doesn't make them Madoffesque.

Yes, MADOFF and AH are the

Yes, MADOFF and AH are the same. AH used one investor's money to pay another's money.

"had consistently performed

"had consistently performed well, he said, with a statement to March showing it would earn 22 per cent. In the worst performing year he had known it had a break-even result"

22%. What a return. Break even at worst. Seems too good to be true.

 it's alright Murray... they

 it's alright Murray... they really are working on it... :-)

Why did the good people of

Why did the good people of Timaru view investment with an octogenarian as a sure thing? Who here on this blog would trust their aged rellies with their money?

Who on this blog has an old

Who on this blog has an old relative worth $550 million?   ;)

Tribeless! You're

Tribeless! You're back!!
Still a firm supporter of AH????? You must be crazy.

I've replied to you up the

I've replied to you up the thread Tumty

The trouble is that he was

The trouble is that he was never worth that much and people trusted him because they thought he had it.

AH aint worth $550m

AH aint worth $550m anymore....

Well said Murray Weatherston.

Well said Murray Weatherston. I'll repeat what I wrote in a comment to Olly Newland's article, because I think it has great relevance to many of the opinionated commenters on this site:
"Too many people making too many dogmatic judgements, thinking that everyone else is an idiot and presuming on their own "independent" and "objective" perceptions."
 
I suggest many of you suspend judgement until we know what the facts really are. Speculate if you like, but please do so that is respectful of others and openly acknowledges your own biases and prejudices. We all see what we want to see, not necessarily what is reality. As the Talmud notes "We do not see things as they are, we see things as we are."

Jewish religious doctrine or

Jewish religious doctrine or not " Things are, what they are"

Could someone please put the

Could someone please put the article in the Dominion this morning on this site that does analysis of the related party lending in Aorangi I believe and how it had grown dramatically in size over  a period of time. I am unable to get a copy of the paper, thanks in advance.

So here we have it theSM's

So here we have it theSM's 1st report. From what I can see
1. Investors in Aorangi seem to agree with the figures supplied by AH to the SM's. 300 out of 400 so far
2. AH has been helpful
3. What is not in the report is the fact that AH for 35 years has never missed an interest or principal payment due to investors NEVER MISSED A PAYMENT IN 35 YEARS.
4. Now the Statutory Managers, an accountancy firm , say they are withholding payments to investors in Aorangi
It's my view the only reason the SM's have stopped paying investors in Aorangi is because they want to make sure their outrageous fees will be paid first. If they want to suspend payments to Aorangi Investors for the first time in 35 years let's be suspending payment of their fees for the same period.
This 1st report is a lame attempt to justify putting AH and related parties into statutory management in the first place.

Yes, that's exactly what it

Yes, that's exactly what it is. The report is an attempt to justify the SM and a complete non-event.

Does anybody have any actual

Does anybody have any actual tangible evidence concerning figures?
From what I read in the Manager's report I didn't feel any more informed about the situation. All it basically said was that they have frozen the funds and are waiting to find out what has actually happened.
I'm not supporting Alan Hubbard, nor am I contributing to the negative comments above, but I just cannot see how people can jump to such conclusions without the facts.
Perhaps it's that good old New Zealand tall poppy machine??

Bernard,   Aren't you a tad

Bernard,
 
Aren't you a tad hypocritical to debunk any positive information concerning SCF, when you happily accept advertising $ from them (as evidenced by their ads on the side bar of your website)?
 
Perhaps Bernard, instead of complaining about how Alan Hubbard has robbed and cheated many investors from their hard earned cash, you should refuse to advertise SCF on your website so that those advertising $'s can go back into the pockets of the loyal investors.
 
Or perhaps you're just like 'the rest of them' - those few you are all too quick to belittle

another watergate

another watergate

Did anybody notice how the

Did anybody notice how the loans made by the charitable trusts were subordinated loans.
Well, they must be if the highly respected Grant Thornton said that they are only able to be repaid after ALL other creditors are paid.
It is scurrilous of Grant Thornton to make such claims and I expected better from a colleague of 36 years ago (Richard Grant).  I am a trustee of an inter vivos trust that borrowed interest free from Te Tua Trust and I can assure you all that the loan rates equally with all other unsecured creditors.  But if Fonterra's milk price drops below $3.80 the loan might not be much good. 

Hi Tauhei I am interested in

Hi Tauhei
I am interested in your loan - given it is interest free are there set repayment dates you have to meet - with penalties for non-payment? (Given they are interest free I doubt there would be harsh penalty clauses). It is hard to see how Aorangi/The Trust is making any money here? Is there an agreement for you to overpay the loan or such?

I don't see any incentive for you to repay the loan (other than returning the capital and staying on good terms with the Trustees - now under SM of course). Perhaps Grant Thornton is working on this basis? That until all other creditors are repaid they can't expect any loan repayments to be made.

Finally that is a scary comment about Fonterra's milk price, good luck to Aorangi investers.

Out of interest it would be good to hear from Aorangi investers that are happy with this investment approach - interest free loans made from a related party funded by Aorangi.

so if the intrest free loans

so if the intrest free loans are called in where will this money come from?? banks wont wana lend and i cant see a a whole bunch of farms selling at once. and why do people beleive paper wealth ink on paper doesnt pay bills.

money is ink on

money is ink on paper..........

to HH None of the finance

to HH

None of the finance companies that have gone belly up previously missed an interest or principal payment or requested moratoriums in the years preceding the meltdown either..........

bit of a non-point really

Query for

Query for those-in-the-know

Is there any truth to a rumour circulating that the aggrieved investor who potted Aorangi in February is actually a borrower from SCF who was a bit behind with his payments to SCF and when the heat on his nether-regions from the blowtorch being applied by SCF to him got a bit hot, decided to go on the counter-attack?

ive heard that a customer

ive heard that a customer with family high up in govenment had been bankrupted by hubbard?????

question , if i had a farm with money loaned from hubbard, what are the chances of the loan being called in by the statutory managers?????

What are the chances that if

What are the chances that if said loans were called in that they could be paid????

as I said before most people

as I said before most people would pay back the banks first if AH are interest free, or cheaper Unclely handshake agreements

guess you wouldnt wana be a

guess you wouldnt wana be a contractor or such, owned money by any of the farms hubbard has an intrest in then as im sure they will be last on te list to get paid if loans were called in

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