Hi Emelle,

Thank you for your questions of which I will do my best to answer.
This I believe is how, under the influence and control of the Receiver, Vivian Fatupaito, PriceWaterhouseCoopers, the proposed New Trust will own the home units residents either built or purchased, without paying or compensating the residents for that privilege.

The Original Trust advertised and signed documentation stating that when a resident either built or purchased a home unit, then the resident would be the intended owner of that unit.
Residents were also required to purchase separately a Licence to Occupy the Site on which these units were located within the village.

The Village became operational in1991 and residents either built or purchased units content in the belief that they were the owner of the unit and because of this they also sold their units in much the same way most people in New Zealand purchased and sold their properties.
That is to say, at that time it was possible for me to sell my unit to you, you in return would receive documentation indicating you were the intended owner of the unit and I would receive the money you paid for the unit.
You would also be required to purchase separately from the Trust, a Licence to Occupy the Site on which the unit was located.

With the introduction of the Retirement Village Act, as from May 2007 residents were prevented from selling their home units because the Village was not registered.
The Village was eventually registered in June 2008 but residents were further prevented from selling their units because The Trustees wound up the Trust and were in Receivership.
In December 2008, the Receiver, Vivian Fatupaito, took over as Operator of the Village and subsequently produced the following statement.

"There may be some misapprehension that the trust has undertaken some positive action to acquire title to the dwellings. There has been no transaction of any kind.
The Trust form the view, with which we concur that the dwellings belong to the land owner. This opinion is based on well established legal precedents and is now reflected in policy and financial information".
Vivian Fatupaito, PWC.

Real estate Ownership is however determined by Court decision and not by specific statute:
Precedents can be challenged, it is therefore possible that a case could be taken to Court and given the evidence in favour of the residents, it is possible that they could win and retain ownership of their units.

Since however Vivian Fatupaito took over as Operator of the Village, any resident who now wishes to dispose of their unit are required to surrender their Licence to Occupy prior to the Operator proceeding with any such transaction and this is how the New Trust will gain Ownership of the unit.

If today, you were to purchase my unit, you will not receive documentation stating you are the intended owner of that unit.
From now on the Operator of the Village will only issue a Licence to Occupy the Unit and the Site on which the unit is located.
It is true, that currently residents will receive the equity from the disposal of their unit.
The New Trust will however at the time a resident either dies or disposes of their unit, without any payment gain Ownership of the Unit !

Should the New Trust dispose of the Village, then as Owner of the Units and the Village, it will presumably be the New Trust that will be entitled to receive the proceeds from such a transaction, not the residents.
It is interesting to note that the New Trust of five Trustees will consist of two nonminated by the Receiver, two nominated by the Whangarei District Council and one from the Village.

It would indeed be very convenient for The Receiver and the New Trust if the remaining residents were to die and in doing so resolve the Ownership issue.

Sorry about the low quality of the advert, what the advert does however, is reiterate that in 2004, it was the residents whom were the intended owners of any unit built or purchased.

Apart from the support by Jazial Crossley, National Business Review of which we appreciate and are very grateful, all other media maintain the situation here at Stonehaven is to complex for publication ?

Thank you,
Wiremu.

Hi i am thinking of buying into Stonehaven do you know if these problems have been sorted out yet;
Thanks
Rex

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What happens if the individual unit memorials or restrictive land use covenant (in perpetuity) as it was called prior to the RVA 2003 is removed by submissions of occupiers, mortgagees or property owners on the premise that the village is a residential subdivision under the Unit Titles Act?

A teacher goes around her class asking each of the kids what they need at their home.

1st kid says "A computer".

Teacher replies "That will be very useful."

2nd kid says "a new lawn mower" and gets a similar response.

Then Wiremu pops up and says "At my house we don't need nothin!"

The teacher asks him to think again carefully as everybody needs something.

Wiremu replies, "No I'm certain, because when my sister Rhonda started having an affair with Brett, I remember my dad saying,

"Well, that's the last fucking thing we need!"

Ross,
Further to my Dispute Re, Stonehaven Retirement Village Trustee Graham Wright,
I am still not satisfied that the Trust is taking this seriously.
I felt threatened by his behaviour of the evening of the Christmas function and
question the judgement made by him to Intimidate myself and my Guest late at night.
Knocking loudly on my door at 10.15pm, Gramme was either drunk, on a substance or has a disposition of violent outbursts and leaves me to believe it was to create fear.
He managed to put fear into my female guest who was staying with me at this time and this was born out by my guest.
He did not and has not apologised for the abuse which he reaped on me and the fear that my guest felt.

On that evening a number of the Trust had consumed a quantity of Alcohol, Brett Price had to be forceibly removed after repeatedly treatening to break both legs of an elderly resident and on at least one occasion stated, "I am going to break both your fucking legs!"

Since then this resident is to scarred to reside in the village and I have the same feeling that it is not a safe place to be if you "cross a Trust Member."
In the past 2 residents have been reprimanded for this and been forced to leave the village.
I could easily have taken a different course of action which would have resulted in yet another violent incident involving a Trust Member who had similarly had to much to drink.
However I took a different course of action to spend as much time out of the Village as possible, I decided for Peace of Mind to stay elsewhere.
I do not wish to prolong this by the Trust using delaying tactics and costly avenues using Solicitors to play "their Games" The Trust does not pay directly the Solicitors fees, however as a resident I have an input into both.
I look forward to your proposal to meet Graham, and any one else he decides to bring.
I also reserve the right to continue this dispute if I am not satisfied with the outcome.
Stonehaven Resident.

From: Ross
Hi, In discussions with Graham today, he has decided to do nothing at present regarding your complaint. I am happy if you want to take that up with him.
In Summary You won't be happy with the outcome to your complaint and after listening to all sides the decision at the last trust meeting still stands. I suggest you ake this up directly with Graham.
Ross,

Ross,
My original request for this meeting was to discuss my complaint regarding the actions of Stonehaven Retirement Village Trustee, Graham Wright.
It was at your suggestion that I meet Graham in an attempt to sort out this dispute, to which I agreed.
I understand from your response that Graham Wright has declined this and your position as the Trust is to take no further action.
I am therefore considering taking this complaint to the next level as the Complaint is based on a Trust Member abusing a resident.
This and another incident on the same evening involving Trust Member Brett Price is totally unacceptable behaviour especially in a Retirement Village and in your own admittance you had to remove a bottle of Whiskey from the Trust member Involved.
I await your reply.

Hi Rex,
I am sorry to inform you that the problems at Stonehaven Retirement Village have not been sorted and since in fact the current Trustees have been operating the Village problems have increased.

From: Ross Woods
Cc: Phill Halse, Stonehaven Trustee and Deputy Mayor WDC.
Sent: Wed, 29 September, 2010 3:29:29 PM

It is the Trust who are the owners and operators of the village.
The council are not currently interested in owning or operating the Village.
Their imediate goal is that the village is managed sustainably and that debt is managed.
There is a moratorium on interest payments on the debt, while we sort out payment of that debt.
Payment of debt cannot come from ORAs/leases and as the other asset is the rental properties the logical option is to sell some of these as ORAs.
They are a different market than most of the 2 bedroom units but we wish to ensure that we do not flood the market and devalue properties that current ORAs like yourself wish to sell.

There is some nervousness out there amongst Tennants around this but the Trust and council do see a need for affordable rental housing as well.
The council are strongly supportive of the Village and Trust. To that effect the Trust Deed now has written into it that the council appoint 2 of the Trustees.
Ross Woods,
Chairman of the Board of Stonehaven Trustees.
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According to Stonehaven Trustee Brett Price at a meeting in December 2011, that "the debt" will have increased from the $900k when the current Trustees took office to a projected $1.8 million by this year, 2012.
Furthermore, at the time of writing none of the one bedroom Units have sold with up to six being unoccupied at any one time and at least four of the sixteen 2 bed units are unoccupied which equates to about 25% of all units at the Village being unoccupied resulting in a substantial loss of revenue.
------------------------------------------------------------------
Ross,
Further to your statement on Thursday the 9th of December 2010 at a meeting arranged by yourself in order to address the Service Fee, an increase of 500% in five years, whereby you considered yourself to be the best possible person to operate Stonehaven Retirement Village and the reason the Village would not, in it's entirety be offered for sale to the likes of the Ryman Group or any other professional body.
Are you aware that the Ryman Group state that their base weekly fee has not increased to an existing resident in over 20 years and will never increase more than the rate of inflation?
Would you therefore retract your statement on the basis that it is inaccurate and misleading ?

From: Ross Woods
At no stage have I said that I am the best possible person to run the village. I would never be so pretentious to make that statement. I will not retract a statement that I have never made. I have no need.

Ross,
As Chairman, one would hope that you do indeed consider yourself to be
the best possible person to Operate the Village, if not, then please stand down and allow someone whom does and has the ability, to do so.
------------------------------------------------------
Ross Woods,
Thank you for your letter dated 20 December 2010.
I would be grateful to receive as soon as possible a copy of the new agreement to which refer.

From: Ross Woods
December 2010
We will have it out as soon as we can but may take a while. I would like to think that it is out by mid February.
Ross

Ross,
Further to your reply December 2010, it is now February 2012 is this the February you had in mind or is the New Contract taking a little longer than you intended ?

Any chance of a new Chairman and a Board of Trustees whom would uphold the existing agreement as opposed to introducing a new one ?
Thank you for your consideration,
Stonehaven Resident.
--------------------------------------------------------------------------------
From: Ross Woods
Sent: Tuesday, 20 December 2011 11:34 AM
Subject: Letter at Garage

Hi,
I have left a letter for you from the Trust at the garage.
Cheers
Ross

From: Resident.
Sent: Tuesday, 20 December 2011 12:40 p.m.
To: Ross Woods
Subject: Re: Letter at Garage

What garage ?

From: Ross Woods
Sent: Tuesday, 20 December 2011 12:42 PM
Subject: RE: Letter at Garage

Maungakaramea. As per counter mail that you normally collect there.
Ross

From: Resident
Sent: Tuesday, 20 December 2011 14:40 p.m.
To: Ross Woods
Subject: Re: Letter at Garage

I now understand you to mean the Maungakaramea Service Station, these are newly acquired communication skills or did you have them as a preschooler ?
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The current Board of Trustees appear at the very least incompetent but far more disturbing is the arrogance and bully-boy tactics they now employ in extracting not only finance but indisputable ownership of the Units.

Minutes, AGM 31st October 2011.
Judith Turner asked why the, "Licence to Occupy" units appeared on the Financial Statement reports in favour of the Village ?
Sandy Brown responded, be it right or wrong, it would be appropriate in this current financial year because a number of residents wanted to claim ownership of their homes ????
Sandy Brown further argued that they do not own their own home ????

Derick Thomas stated he was threatened by the Trust with termination if he doesn't pay yet another substantial increase in the Service Fees.
Brett Price answered, "if the increases in Service Fees are not paid you will be terminated !"
There was an outcry from Jude Turner stating it was bullying and intimidation of the very worst kind !
----------------------------------------------------------------------------------------------------
It is very true to say that there have been a number of very frightened and extremely distraught residents whom have effectively abandoned their homes !

"To our dear friends, we have come to the conclusion that we are no longer prepared to put up with the bullying, verbal abuse and the coercion to negate our rights.
We do not have sufficient precious time to waste in this way and we hope that you will understand".
Kindest regards,
Name withheld.
---------------------------------------------------------------------------------
Far more disturbing is that some Trustees have now resorted to bullying and intimidation in order to achieve their own personal agenda with regard to the Village.
The Trust has in fact, for alleged inappropriate behaviour, terminated the LTO of two residents and expelled them from the Village. Furthermore the Trust is currently in the process of terminating the LTO of a third and possibly a forth resident.

At the 2011, Residents Christmas function, 55 year old Stonehaven Trustee Brett Price, having consumed a large quantity of alcohol had to be restrained from physically and verbally abusing a resident in his seventies, despite however Price being restrained he continued to repeatedly threaten to break both the legs of the elderly resident.
Moments prior to this incident, Chairman of the Board of Stonehaven Trustees, Ross Woods, removed from Brett Price what little remained of a previously full bottle of Whiskey......presumably because of his unacceptable, drunken and obnoxious behaviour.
--------------------------------------------------------------------------------
Stonehaven Retirement Village Trustee Graham Wright is also accused of having consumed a large quantity of alcohol and abusing a resident after knocking loudly on his door at 10.15pm the same night.
According to the resident and his guest, Graham was either drunk, on a substance or has a disposition of violent outbursts.
-----------------------------------------------------------------------------------------
Stonehaven Trustees, Brett Price and Graham Wright are in fact related, both appear to have inherited the same alcohol dependency problem and they both remain as Trustees of Stonehaven Retirement Village,
despite their inappropriate and unacceptable behaviour ????
-----------------------------------------------------------------------------------
Recently Brett Price was visiting the local school when a class was in the middle of a discussion related to words and their meanings.
The teacher asked Mr Price if he would like to lead the discussion on the word 'Tragedy,' so the Trustee Mr Price asked the class for an example of a Tragedy.
A small boy stood up and offered: "If my best friend, who lives on a farm, is playing' in the paddock and a tractor runs over him and kills him, that would be a tragedy."
"Incorrect," said Priceless, "that would be an accident !"
A little girl raised her hand: "If a school bus carrying fifty children drove over a cliff, killing everybody inside, that would be a tragedy !"
"I'm afraid knot !" explained Price, "that's what we would refer to as a great loss."
The room went silent, no other child volunteered as Priceless searched the room, "Isn't there someone here who can give me an example of a tragedy ?" he asked.
Finally, at the back of the room Wiremu raised his hand and said, "If a plane carrying you and your uncle Graeme Wright was struck by a friendly fire missile and you were both blown to smithereens, that would be a tragedy !"
"Fantastic," exclaimed Priceless, and can you tell me why that would be a tragedy ?"
"Well," said Wiremu, "it has to be a tragedy, because it most certainly wouldn't be a great loss and it wouldn't be a fucking accident either !"
.....................................................................................................................

Hi Rex,
To date the Stonehaven Trust have, without payment, acquired ownership of eight of the sixteen two bedroom units that residents, independently of the Trust, either built themselves or purchased privately from the original owners.
It is also fair to say that in most cases these owners prior to the Trust have lost between $50,000 & $80,000 of their original investment.

In fairness however of the Trust, the Trust has in fact purchased from one resident his unit of which ownership of this unit is now rightfully that of the Trust.
More interesting however is that the Trust paid this particular resident $35,000 MORE than the valuation carried out by Telfer Young.
Even more interesting is that the resident in question whom received $35,000 more than the valuation of his unit was in fact also a Trustee of the Village !

If therefore you have a strong disposition for alcoholism, a penchant for breaking the legs of elderly people and a desire to maximise a financial investment, then it would appear that buying a unit at Stonehaven and becoming a Trustee of the Village is tailor made to you.

For more information,

"Brett Price tells it how it really is"...... http://www.youtube.com/watch?v=J3YRWhg4YaA&feature=youtube_gdata_player

Good Luck.