Former CERA employees behaved corruptly while recovering from the earthquake

Simon Nikoloff, far left, and Gerard Gallagher, second from left, leave court with their attorneys, James Rapley KC and Kathryn Dalziel, in September 2020. Photo: RNZ/Nate McKinnon

Two former public servants have been found guilty of trying to profit from their work to help rebuild Christchurch after the earthquakes.

Gerard Gallagher was found guilty of three counts of corrupt use of official information, Simon Nikolov was found guilty of one count of corrupt use of official information, and not guilty of one count.

The case was heard in the Christchurch High Court.

The two men will be sentenced on June 28.

The men have been employed as investment facilitators with the Canterbury Earthquake Reform Authority (CERA).

The Serious Fraud Office (SFO) said the pair were tasked with attracting investors to the city centre, including by connecting landowners with potential buyers and addressing any barriers to development. Later, when CERA became Atacaro, their roles included finding buyers for unused crown land.

“The defendants were hired to help a devastated city recover and rebuild,” said Karen Chang, director of the Bureau of Organized Crime. “Instead, they abused the power that was entrusted to them and went to great lengths to advance their commercial interests.”

Karen Chan Photo: Introduction / Serious Fraud Office

Gallagher and Nikoloff used the information obtained in their official capacity to attempt to strike business deals that would benefit them personally. The SFO said that while ultimately unsuccessful, Nikolov and Gallagher had an unfair advantage because of their inside knowledge.

The fee charged by the Financial Crimes Bureau relates to obtaining a commercial advantage from accessing this information.

Nikoloff and Gallagher were found guilty over a transaction involving a Youth Hostel Association (YHA) building, while Gallagher was also found guilty of charges relating to a plot of land known as Stonehurst.

“Nikoloff and Gallagher knew how much the owners were willing to sell, what investors were willing to pay and what was planned for the city,” Chang said.

Instead of using this information to get the best outcome for Christchurch, they tried to strike private business deals in an effort to win hundreds of thousands of dollars.

“Seeking to profit personally from information obtained in a public role is perverse, regardless of whether it is successful.”

It was a complex case, she said, which highlighted the importance of strong internal controls for organizations, especially with regard to conflicts of interest when managing public funds.

The CTC said this reminder of the need for such controls was particularly important as New Zealand faced yet another post-disaster rebuilding in the wake of Hurricane Gabriel and the floods.

“The Office of Counter-Terrorism will continue to investigate and prosecute cases that have the potential to undermine confidence in our public service and threaten the success of projects intended to benefit New Zealand, including in times of disaster recovery.”

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