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The Serious Fraud Office (SFO) prosecution of Sir Ralph Heberley Ngatata Love received a verdict in the Wellington High Court on September 1, 2016.
In a three-week trial which concluded on August 25, Sir Ngatata faced one Crimes Act charge of ‘Obtaining by deception’ and one alternative charge under Section 4 of the Secret Commissions Act.
Sir Ngatata was found guilty of the charge of ‘Obtaining by deception’.
Significant Project
The prosecution related to a significant commercial property development project which was undertaken in Wellington.
The project involved land owned by the Wellington Tenths Trust of which Sir Ngatata Love was the Chair.
The SFO alleged that Sir Ngatata arranged for himself and his partner, Lorraine Skiffington to obtain control, for their own benefit, of a premium the prospective developers were prepared to pay to secure a leasehold interest in the property.
This was done, the SFO alleged, without disclosure to, and in secret from, the remaining Trustees of the Wellington Tenths Trust.
Concealed payment
As a result of an agreement reached with the prospective developers, payments totaling $1,687,500 were made to a company associated with Ms Skiffington. These payments were concealed from the Wellington Tenths Trust.
SFO Chief Executive Julie Read said, “There is a risk this sort of activity can occur when property development, competition for business and significant sums of money are involved. As the decision of the Court in this matter found, the abuse of trust for personal gain is a very serious matter.”
Other defendants
Three defendants were charged in July 2013 in relation to the development and all had name suppression orders which were lifted at the beginning of Sir Ngatata’s trial.
Matene Love, Sir Ngatata’s son, pleaded guilty to one charge under Section 4 of the Secret Commissions Act. He was sentenced on October 29, 2015 to six months’ home detention. Lorraine Skiffington had her charges permanently stayed in August 2015 due to her ill-health.
The SFO said that the Wellington Tenths Trust cooperated fully during the process.
Sir Ngatata’s Counsel requested that conviction of the charge be deferred.
He has been released on bail and will be sentenced on October 6, in the Wellington High Court.
Serious Press Office Press Release
