Former real estate agent faces probe
Former real estate agent Aaron Drever is under investigation by the Official Assignee for alleged breaches of the Insolvency Act relating to his role in a liquidated fast-food firm.
The Weekend Herald can also reveal that Drever is being investigated for possible breaches of the Companies Act, that his bankruptcy term has been extended, and a company he helped to broker a business sale has been ordered to pay $30,000 by the Disputes Tribunal.
Drever denies any wrongdoing and says the Disputes Tribunal decision is under appeal.
The Ministry of Business, Innovation and Employment (MBIE), said four complaints had been received about Drever relating to potential insolvency rule breaches.
Investigators were also probing potential Companies Act breaches by Drever and The Fish and Chip Co Ltd — now in liquidation — in connection with the operation of three Auckland Fish and Chippery outlets.
“Aaron Drever is being investigated by the integrity and enforcement team [IET] for breaching the limitations imposed on him when he was adjudicated bankrupt,” said Vanessa Cook, MBIE’s criminal proceeds integrity and enforcement manager.
“Included in these limitations are provisions that prohibit any bankrupt from being the director of a company, taking part in the management or control of any business and being employed by a relative.”
Cook said a liquidator’s report “made reference to possible trading while insolvent” by The Fish and Chip Co Ltd, which was liquidated in May by its director, Bondi-based Andrew Guy Phillips.
Trading while insolvent is an offence under the Companies Act. The IET was assessing the claims. Liquidators are trying to trace more than $100,000 that Phillips is alleged to have sunk into three Fish and Chippery stores, which his company tried to buy last year.
The auditors, who have referred the case to police and the Official Assignee, are also investigating whether takings were split between Eftpos machines and diverted to other bank accounts, the liquidator’s report says.
Drever is not listed as a director or shareholder of the companies but is said to have been involved with them.
Drever, who made millions selling houses in West Auckland before being stripped of his licence for repeated misconduct in 2016, strenuously denies any wrongdoing.
He previously told the Herald he had not been running any business, was not in breach of insolvency rules and had done nothing wrong.
The former “voice of speedway” was bankrupted in June 2019 after the failure of his Grocer’s Market when he was found personally liable for nearly $500,000. His bankruptcy was due to expire last month but the Herald has learned it has been extended.
Cook said Drever had failed to provide a detailed statement of his financial affairs to the Insolvency and Trustee Services, as required by the Official Assignee.
It meant he now faced at least three more years of bankruptcy restrictions, she said.
A spokesperson for Drever said he had not breached any act.
“Mr Drever was not the director of The Fish & Chip Co Limited, and therefore any potential investigation would be around director and shareholder obligations of the abovementioned company.”
Drever had provided in writing “all that was required” at the time of his bankruptcy adjudication and was now in discussions with MBIE.
Meanwhile, a company he helped to broker a business deal has been ordered by the Disputes Tribunal to pay $30,000 after the Te Atatu Fish and Chippery branch sale last year.
The tribunal found FC Te Atatu Ltd sold the business to Kevin and Kerin Delites Ltd but allegedly included several chattels in the sale, including counters and a walk-in freezer, that were actually owned by the landlord.
A tribunal decision also found that a nine-basket deep fryer included in the sale was switched with a noncompliant four-basket fryer just before the new owner moved in.
The listed director of FC Te Atatu Ltd is Melissa Wymer-Tisdale, who
Aaron Drever is being investigated . . . for breaching the limitations imposed . . . when he was adjudicated bankrupt.
Vanessa Cook, MBIE
was closely associated with Drever.
Sources said Drever had helped broker the deal and was “running the show” in terms of negotiations.
A spokesperson for FC Te Atatu Ltd and Drever said they were not aware of the Disputes Tribunal finding until contacted by the Herald and had now applied for a rehearing.
The sale had been handled by a licensed agent who provided a copy of the lease agreement to the purchaser “outlining what fixtures and fittings are those of the landlord’s”.
The agent also advised the buyer the fryer was being replaced due to “compliance”, the spokesperson claimed.
“Our clients are unaware of any misperception on chattels or misrepresentations made”, and suggested the “correct course of action” was a complaint to the Real Estate Authority.
The statement added that “the Herald know more about [Drever], than he does about himself” and thanked them for the “heads up”.