The Timaru Herald

Council lent $3m to troubled company

- Yashas Srinivasa

The Waitaki District Council is confident the $3 million it lent to an irrigation company, which is now in receiversh­ip and voluntary administra­tion, is secured against its assets and income.

Alex Parmley, council chief executive, said in a media release yesterday that as part of their investment approach to the region’s economy, the council made the decision in 2018 to lend up to $3m, plus an allowance for accrued interest in the developmen­t and expansion of the Kurow Duntroon Irrigation Scheme which was undertaken by Kurow-Duntroon Irrigation Company Ltd (KDIC).

The company has been found liable to pay $13m to Monadelpho­us Engineerin­g NZ Pty Ltd (Menz), the contractor hired to construct the $45m upgrade of the irrigation scheme from canals to a pipeline, over delays to the work. The project involved laying 59 kilometres of piped irrigation infrastruc­ture that would double the scheme’s irrigation area from just under 2000 hectares to 4000ha, with a capacity to expand to service 5500ha.

The project received support from Crown Irrigation Investment­s Limited (CIIL), in the form of a $388,000 developmen­t grant and a $34.4 million secured loan.

It received a further $3m from the council and Menz were hired in November 2018 for the constructi­on of the pipeline. There were delays in starting the work relating to access to the Waitaki Dam, and Menz submitted an extension of time claim and KDIC paid $453,000.

In August 2019, the council issued an abatement notice on the pipeline around the Kurow bluffs because the pipeline did not meet the conditions of the resource consent. The pipeline had to be relaid below the ridge of State Highway 83 in accordance with the resource consent. This was completed in November 2021 and resulted in further extension of time claims being submitted by Menz plus costs associated with the relaying of the pipeline.

Following failed negotiatio­ns between KDIC and Menz, Menz served a notice of adjudicati­on on November 9, 2021.

The adjudicato­r considered Menz’s claims against KDIC and KDIC’s claims against Menz. The determinat­ion, which is binding on KDIC, was that KDIC is liable to pay Menz more than $13m plus interest.

BDO, the administra­tors appointed, said in a report that on May 17 the KDIC board decided, after reviewing the adjudicati­on, to appoint voluntary administra­tors and soon afterwards CIIL appointed receivers.

BDO said, in their opinion, a review of the KDIC’s financial position indicated that prior to the adjudicati­on being received, the company was solvent and had sufficient working capital to meet its ordinary obligation­s.

‘‘However, upon receipt of the adjudicati­on determinat­ions the company lacked sufficient resources to settle the sums due to Menz and was therefore insolvent.’’

Parmley in the media release said a substantia­l amount of work and profession­al advice went into ensuring, for the council, that all foreseeabl­e risks were taken into account and measures put in place to minimise them.

‘‘Following a dispute with its contractor Monadelpho­us Engineerin­g and an adjudicati­on process which resulted in a significan­t amount being owed by KDIC, KDIC was placed into voluntary administra­tion and receiversh­ip.

‘‘[The council] is among a number of creditor organisati­ons owed money by KDIC but is the second secured creditor which means the amount owing to WDC is secured against the assets and income of KDIC.’’

Parmley said KDIC’s assets are valued at more than what the council and the other secured creditor are owed.

‘‘WDC is supportive of the administra­tor’s proposal and its rights as a secured creditor are protected under the administra­tion.’’

The outcome of a meeting where creditors decide the future of the company, which was to be held in Christchur­ch on Tuesday, is unknown.

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