Kiwibank executive’s emails probed

Kiwibank’s chief risk officer left six months after an investigation into emails he sent from his work email address to a Kiwibank customer who was in dispute with his wife’s kitchen company.

But though Malcolm Bruce acknowledged he made a mistake in sending the emails from his work email, he said his departure in June from Kiwibank was not related to them or the investigation that followed.

Bruce admitted sending two emails from his work email address to Phillip Della Barca, who was trying to get his deposit back from a kitchen company run by Bruce’s wife, Rochelle Jackson. When the relationship between Kitchen Elements and Della Barca broke down in October, with each blaming the other, Della Barca offered to forgo $3000 of his $27,000 deposit to part ways amicably.

The kitchen had not been started but the company wanted $7000 for the planning and preparation work it had done but believed it underestimated the costs it had incurred and said unless Della Barca accepted, it would keep $10,000 and Della Barca would have to pursue the money by going to court.

Kiwibank customer Della Barca, who was trying to complete a new home in Wellington, was surprised when senior bank executive Bruce then emailed him to encourage him to accept Kitchen Elements’ $7000 demand.

‘‘If you believe the settlement is unfair, I recommend you file a claim with the Small Claims Tribunal,’’ Bruce said in the email.

Della Barca, who was not aware Bruce was Jackson’s husband, felt the email from a senior Former Kiwibank executive

executive at the bank which held his personal financial records was intimidating.

He emailed back saying Kitchen Elements had no legal grounds to keep his money, and asked in what capacity Bruce was representing Kitchen Elements.

Bruce responded, also from his Kiwibank email address, and said he was Jackson’s husband but again urged Della Barca to accept a $7000 deduction from his deposit, or seek a court ruling.

Bruce told Stuff he sent the ‘‘politely-worded’’ emails at the request of his wife as she was struggling in communications with Della Barca.

He said he was doing some Kiwibank work at the time and sent the email from his work email, which he had open at the time.

‘‘I acknowledged it was a mistake and I was given advice not to use personal email, which was absolutely correct.

‘‘I genuinely made a mistake.’’ He said he apologised to Della Barca and his departure from the bank was entirely unrelated.

Kiwibank held an internal investigation into Bruce’s actions after Della Barca wrote to Kiwibank chief executive Steve Jurkovich and chair Susan Macken.

In late December, Jurkovich wrote to Della Barca.

‘‘Kiwibank has now carried out a preliminary investigation and can confirm the following: I can assure you that Kiwibank did not have any knowledge of or involvement in Mr Bruce’s communications with you, until after the events occurred.

‘‘Mr Bruce was acting in his private capacity, albeit using our email system, and not under Kiwibank’s delegated authority.

‘‘Kiwibank will address with Mr Bruce his use of his Kiwibank email address to conduct personal business.’’

Jurkovich said he could not share details of the employment process going on with Bruce as it was ‘‘a private employment matter between Kiwibank and Mr Bruce’’.

Della Barca also made a complaint to the police.

Jackson said that at the request of the police, she agreed to put the $10,000 into a trust account until the Disputes Tribunal claim was heard.

At the tribunal in February, the parties agreed Kitchen Elements would retain $4000 of Della Barca’s deposit.

‘‘I acknowledged it was a mistake.’’ Malcolm Bruce