Sunday, March 27, 2011

Darren Hughes Saga: A Question of Leadership


The issue over Darren Hughes and his sexual dalliances with young boys is more of a side issue if you can get over the image of a distressed, naked teenager running down the road away from Mr Hughes abode a few weeks ago.

What is at issue here as far as politics goes is Leadership and the failure of Phil Goff to be open and honest with first his own voters and then the New Zealand public at large.

Did he really think he could keep this quiet?

On that issue alone one would have to question his decision making on.

When you drill down further though there are also moral and honesty issues involved here.

What kind of leader tries to hide a sexual offense of a subordinate and then tries to deflect appropriate criticism brought on him by blaming the Government for "leaking the information to the media"?

Darren Hughes is also the chief whip of the Labour party, responsible for keeping Labour colleagues in line, how is he supposed to be the arbiter of good judgement if his leader allows him to trip the light fantastic all over the country with every teenage boy that takes his fancy?

Mr Goff has been aware of Darren's track record for hitting on teen boys as least as far back as Christmas 2009, where he hit on another boy at a Labour Party shindig so what on earth was Goff doing allowing Darren Hughes to continue in his role when there was so much evidence that Hughes was not fit for the job?

The answers he has given to defend his series of bad decisions just doesn't satisfy the public at large let alone Labour supporters.

Under pressure he has looked ineffectual, evasive, very uncomfortable and dishonest.

You have to ask yourself, is this a man you want leading your country post November 26?

Anyone for Gingernuts and a cup of tea?



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Friday, March 25, 2011

Class Action Suit Against Finance Company Trustees: How to Register

New Zealand law firm Turner Hopkins, in conjunction with Australian law firm Slater Gordon, while not promising to return investors funds in collapsed finance companies, is however going to pursue some sort of justice by taking a class action suit against trustees of these finance companies, trustees whose job it was to keep a watchful eye on the day to day business activities of the directors and CEOs of these disgraced finance companies.

The trustees in finance companies such as Hanover, Capital & Merchant, Bridgecorp, Nathans and the like were trusted to have investors interests at heart first and that meant any irregularities would have to be looked at and investigated if need be. The majority of these trustees failed to adequately acquit themselves of their positions and in the absence of justice from the directors and CEOS of finance companies the trustees are the ideal candidates to now apply some heat to.

The following detail from the Turner Hopkins website explains in detail who is eligible to register to become part of the class action against these failed trustees. There will be no funds to pay to register or be part of the suit. I have no idea how it will be funded but it will and I am assuming that the respective law firms will be taking their cut at the end of a successful prosecution and so they should as it is admirable what they are trying to achieve.

Please see below for the detail of the class action suit and how to register to become part of it.

These claims will be in the form of representative proceedings on behalf of large groups of investors in one or more of the failed finance companies. The claims are expected to allege a breach of trust on the part of the corporate trustees appointed to monitor and supervise the activities of the failed finance companies and protect investors. Investors may well be entitled to recover economic losses incurred by them as a result.

Slater & Gordon are Australasia’s largest law practice and have decades of experience in class action and representative claims of this nature. They bring invaluable experience and expertise to this type of litigation. In particular Slater & Gordon have recently commenced a claim on behalf of investors against trustees of a failed finance company in Queensland and achieved an outstanding result for the investors.

Turner Hopkins has been working alongside Slater & Gordon for the past 12 months in analysing these potential claims. Being a specialist boutique practice situated in Auckland, Turner Hopkins’ partnership with Slater & Gordon provides the ideal mix of specialisation and experience to perform for the best interests of investors in a claim of this nature.

In addition we have secured the services and assistance of a highly experienced and skilled team of experts including one of Auckland’s most senior and well regarded Queen’s Counsel and accounting and financial specialists.

Funded Litigation

It is anticipated that the costs of bringing these claims will be met through litigation funding. This would mean that investors would not be required to make any payment at all for bringing this case. Nor would investors be exposed to any risk of adverse costs or other awards against them should the claim be unsuccessful. Funding arrangements of this type are relatively novel in New Zealand. We expect details of the funding arrangement to be available shortly.

Registration

We are currently seeking expressions of interest from investors who have sustained losses following the collapse of any of the New Zealand finance companies during the period between 2006 to 2009. If you were an investor and have lost money in one of those companies (regardless of whether it is now in liquidation, receivership or moratorium) we would be very pleased to receive your registration.

Registration will entitle you to receive directly from us regular updates on progress towards commencing these claims as well as information specifically relevant to the finance company/corporate trustee claim that may be available in your particular circumstances. We will also provide updates as to arrangements being made as to litigation funding arrangements that are being made. We look forward to hearing from you.

Register Now - Click Here


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c Share Investor 2011

Thursday, March 24, 2011

Queenstown Airport: Queenstown Airport Update

If you have been following the issues closely surrounding Auckland International Airport Ltd [AIA.NZX] and their purchase of a 24.99% stake in Queenstown Airport you will probably already know that a couple of significant pieces of news have been released on this matter over the last week or so.

Queenstown Lakes District Council (QLDC), through council owned subsidary Queenstown Airport Ltd, initially gave the green light for the deal last year and members on council are now opposing it and have completed a comprehensive 76 page report on it and have come to various conclusions as only a long winded ratepayer funded report can.

Their main point seems to be that Auckland Airport paid too much for their shareholding:

Page 41 of the report finds that the price paid by AIA for the first tranche shares (24.99%) was $6.91 per share:
“This incorporates a discount of approximately 7.5% on the value of 100% of the shares assessed by QAC and AIAL at that time of $7.47 per share. This discount is relatively low (and the price per share relatively high) for non-controlling, albeit large shareholding and may, arguably, have included a ‘strategic premium’ to gain a cornerstone stake.” – PricewaterhouseCoopers.
This is something I agree with, they did in the short term but perhaps not over the long-term as there have already been some good gains on the balance sheet for AIA.

The disclosure in this report that AIA has paid a significant premium to the present day value of the company surely runs counter to the council's opposition to the AIA/Queenstown ports arrangement? The Queenstown Airport and by default the council (which majority owns the airport) got good value for the 24.99% stake and for Queenstown ratepayers and they should be given a pat on the back for extracting every last cent out of AIA that they have. This clearly should bode well for AIA in court proceedings brought against AIA by QLDC/Queenstown Community Strategic Assets Group (QCSAG) and Air New Zealand Ltd [AIR.NZX].

There has also been an agreement by both Queenstown Airport and AIA that the option to by a further stake up to 35% is going to be given the bullet:

“On one hand Queenstown Airport could have received further cash of between $11 million and $21 million, of which the community could have received a sizable portion (around $10 million) as a dividend. On the other hand if Council ownership fell below 75% it would no longer have control of the constitution,” Ms Lawson said.
In the event that the Council’s shareholding fell below 75% page 38 of the report stated:
“It will no longer have control of the constitution, be able to pass special resolutions and pass ordinary resolutions without a meeting of shareholders. It will still have in excess of 50% of the ordinary shares and so will be able to pass ordinary resolutions and control the composition of the Board. However moving below 75% will diminish the control the Council can exercise over the Company.” – PricewaterhouseCoopers.
This important development pretty much removes any opposition to the deal where AIA has a 24.99% stake, clearly still has some board influence but will not attain a sizable controlling stake in the business, points which the local council, local business people and Air NZ have issues about.

The latest developments pretty much put Queenstown Airport in the box seat as far as their partnership with AIA goes. They have a cornerstone shareholder that has allowed them to release much needed capital back onto the balance sheet and they can also use the expertise, management and size of Auckland Airport to leverage growth for the Queenstown Port.

Lets be clear though, it will be mutually beneficial for both partners but Queenstown Airport is in the box seat and will make its business decisions as it sees fit.

The High Court Judicial Review latter on this year on the port deal looks tenuous for the proponents.

Disc I own AIA shares in the Share Investor Portfolio


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Think Bigger: How to Raise Your Expectations and Achieve Everything

THINK BIGGER: HOW TO RAISE YOUR EXPECTATIONS AND ACHIEVE EVERYTHING
BY MICHAEL HILL






c Share Investor 2011

Tuesday, March 22, 2011

Global Economy: Interview with Pepsi CEO Indra Nooyi

I have been looking to post this interview since I heard comments made by Pepsi CEO Indra Nooyi on the state of the Global economy. She hits the mark closer than anyone else I have heard over the last 3 years.

Special attention should focus on her comments about sustainable job growth in the private enterprise. She has made comments somewhere else (I cant find them but heard her speaking) to the effect that what we are seeing now in an apparent economic recovery in some countries is that it is hard to see that this "recovery" is sustainable or real given that much of the job growth and key economic indicators that are apparently looking better are because of massive amounts of Government stimulus based on increased foreign debt. Clearly this is not a real recovery and I agree with Indra Nooyi about her assesment that it will not be until private enterprise are doing better for a significant period that we can all start to breathe a little easier.

Her basic idea is something I have been saying for along time but she has put it much better than I and that is why I have posted this interview on my blog.


From Money Control - Watch the Video Here.

Indra Nooyi runs one of the biggest consumer businesses in the world, Pepsico and has a pretty accurate pulse on demand in most economies across the world.

In an exclusive interview to CNBC's Maria Bartiromo, Indra Nooyi, CEO, Pepsico, talks about where growth is still sluggish and also about doing business in China at a time when Google has chosen to pull out.

Below is a verbatim transcript of the exclusive interview on CNBC-TV18. Also watch the accompanying video.

Q: What you are seeing in terms of the consumer today whether it is in the US or around the world, where do you say we are in this recovery?

A: I don’t know, this one worries me a bit. In the Western world especially in the United States, what I have not yet seen is the construction worker coming back to work. I think you need that worker coming back because the true test of the economic vitality of the economy is when that worker is employed. We are not seeing that as yet.

I hope that as we progress through the year and we come into the summer, housing stocks will go up and some more construction jobs come by. But we need jobs and I am not talking about 5,000 or 10,000 jobs, we need several 100,000 jobs fast so that we get confidence back in the economy, we can get people back to work then have the multiplier effect of people going back into construction jobs and then the multiplier effect of them dragging other jobs with it.

Q: As a global leader, what would it take for you to create new jobs? I know earlier you said that you are expecting a low double digit EPS growth in 2011 and 2012, what is it going to take for you to move at PepsiCo and other companies just like you to move from the cost cutting phase of things to the growth part of things where you are going to create new jobs, is it a policy out of the administration or something else?

A: I think it comes down to, ‘is the core economy doing well?’ Even Larry Summer said something which I have never forgotten, he said, “We could see GDP (gross domestic product) growth, we could see a statistical recovery for a human recession,” To me that is not good enough because the statistical recovery and a human recession is not going to be long-lived. We need to see sustainable job creation, we need to see statistical recovery and human growth, employment growth. So if that happens, confidence is back in all of private enterprise and we can start hiring and growing and planning for the future. We are still refreshing our talent and still hiring at many places including in US, but I think if you really want companies to come back to hiring cycle, we need to have confidence so there is going to be job growth in the country.

Q: A number of executives come on the programme and there are too many uncertainties at 2011, not just higher taxes which we know are coming, but also healthcare. So when you see this extraordinary healthcare bill done through reconciliation, as a leader in the global community, what do you think about this, how is this going to change your business?

A: The bill is just passed. Give us sometime to go and study it and understand the implications for the company. But the first thing we have to do is pause as Americans and say, here is the President who put everything out there to go sell a bill that he felt was right for the American public and it is right for a lot of people who don’t have healthcare insurance. So I think at this moment we are going to sit back and say, here is a President who deliver on the promise that he made during the campaign.

As far as the implications for PepsiCo, we have got a lot of people studying the implications of all of that what is the final mark-up in the bill. Over the next weeks and months, we will have a much better perspective.

Q: Let me ask you about the rest of the world. The last time we spoke you were in China and you were talking to me about the new plant that you were putting up there and you were planning on doing 13 plants in China, talk to me about the opportunity China? Google says it is coming out, it is going to shut down China because they cannot be censored, and you haven’t obviously had any issues with the Chinese government because you are creating new plants there?

A: Chinese government has been very good to us. We just got permission to build another 14 plants. We have got 22 plants on the ground already, we are going to build another 14 plants, and we are growing double digits in China. It is an important region for us and I must say specially recently the Chinese government has been particularly good to us, has been supportive of our strategies both on the beverages and on the snack side because we also do good for farmers, we developed agro, in all of these areas I think we are real partners for the Chinese government.

The one thing about PepsiCo is that we are a global company, a great global company, headquartered in United States, but we are local in every country in which we operate because you cannot export soft drinks and chips. You have to be local.

Q: And you are creating jobs.

A: We are creating jobs everywhere.

Q: So can you break it down for instance for us the international landscape or you still seeing much of the vibrancy at the company coming out of outside the US and emerging markets and how you Europe doing?

A: East to the Middle East, the markets are extremely vibrant. I think Japan has always been slow market, but in all other markets, East to the Middle East we are seeing extreme vibrancy, especially in markets like India we are seeing a level of excitement that is unbelievable.

We are also seeing a lot of vibrancy in South America, South of Mexico, especially markets like Brazil, there is a lot of optimism people are feeling great about that market. I think the slowness is in East and Western Europe and North America and Mexico. So those are the markets we need to have targeted attention to and figure out how to get the unemployment rates down. It is not just GDP growth, we have got to address jobs.

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