As ORA Marlborough Ltd have put up another website without paying me what they morally and ethically owed and told untruths in the Tribunal Hearing, further legal action is needed.


If you have concerns regarding ORA Marlborough Ltd, please contact me.

 

I am interested in collecting further witness names of those who saw Mr Heard, after his Olive Oil spill travelling into Blenheim. I am told by a witness that this incident was attended by the Police.

It also seems to account for the 200 ltr's missing, which the Heard's appear to have collected payment for.  Have they been entirely honest with ORA shareholders as to where and when the loss occurred?

If a spill occurred through Mr Heard's own negligence should the co-op members be paying for his mistake?

Perhaps this is why he was evasive as to the details of the missing olive oil?



ORA WEBSITE DISPUTE

I understand that the Heard's have been making incorrect statements as to the situation with the website.  Please contact me through the website with any details they have told you or others you may know about.

 

ORA did not pay for the website for a considerable period of time. To recover the money that was owed legal action had to be undertaken. The costs of this are recoverable under the terms of the contract.

 

ORA disputed the terms and adopted an illogical and conspiratorial position and stated that they had evidence that the terms were put online after the contract. This was inaccurate in point of fact, but they could not be persuaded that their premise was wrong.

 

 

I will be posting parts of the transcript of the hearing to demonstrate that the Heard's wilfully mislead the referee.


TRANSCRIPT


MS TUNNICLIFFE / MS HEARD:

 

Mrs Heard: If I could go back to the Raupo meeting. We understood it was a pitching meeting. I made notes to that effect. We hadn't decided on anything.

 

Ok. Ok. And did you know what price you'd be paying for that ... We're not clear at that point. 1500 was definitely agreed to. Not clear.

 

Have you got your notes with you Phyllis about what you took at that meeting ...

 

I have but.  Would they help ...

 

They might.

 

Did you make any note of cost ...

 

No I didn't. All I wrote down was.  It's only one page sort of thing ...

 

Yes.

 

We own the website but Mark is to make sure, they can deal with him... He reminds me of and it was a former colleague of mine. Just to remind myself I won't use that. Where are his other clients and endorsements. I think he's living at home. This concerns me.

 

Ok so you were writing down your concerns more than actually what the content of the meeting was ...

 

Yes.

 

Did any of you write down what the content of the meeting was ...


No.


Yet Mrs Heard had just stated "I made notes to that effect."  But when asked to read them she had not made any notes to that effect at all.  This is disingenuous and typical of her claims, that when examined show her untruths.


...What we wanted and was already proving frustrating for us at this point was a clear specification, timeframe, quote and proposal.


So where do you ask for that ...

 

We didn't get it and that's.


No but where do you ask for it ...

 

We didn't ask for it.


So how would he know that's what you wanted ...


It should have been offered.


I'm not talking about should have. I'm asking if that's what you expected ...


Yes.


Where is it agreed that you would get it or where did you ask for it ...


It didn't come.

Ok didn't come. So it's not coming, it's not coming, it's not coming. To me if that's what you're waiting for to me the response is you'd ask for it ...


Yes.


But there is no request for it ...


It was extremely difficult to get Don to respond to requests for anything.


Yip that is the mentality I was dealing with, despite not charging for a written proposal as agreed with Mr Heard, Mrs Heard was expecting one and I was (in her mind the difficult one), not doing what she expected... despite a contract that stated that she wasn't to have anything to do with the project management and I was only going to deal with Mr Heard.


MS TUNNICLIFFE I MS WILKINSON
But where is the request for it ... Here. Could I just interrupt.

No. I've told you what your role is. You can remind others but if I let you speak I know what's going to happen. You're a person who did not want to be excluded by having to wait outside. You wanted to be involved, in everything I can see. I know from my experience in the Tribunal you're a person that is actually expecting to be fully involved in this and you're not going to be because you haven't got the role ... Ok. That's fine. No that's fine.

You haven't got the role. So I'm just reminding you, you know what your role is you can remind others.

MS TUNNICLIFFE I MS HEARD
But I'm putting out to you Phyllis that if you're expecting a proposal and I can understand why you might be expecting that. But it's not coming, it's not coming, it's not coming. Meanwhile you've been asked to upload this do that and yet you're not saying, hang on where's our proposal ... Because it becomes clear later. Ok. But it

said of the questionnaire should the project not go ahead I understand I will be invoiced 1500 plus GST for preliminary work associated with the proposal. And I will hereby authorise Spats Limited to prepare a written proposal for the project.

Ok so as a result of having got the questionnaire and signed it you were expecting a proposal. It didn't come. You acknowledge that you didn't ask for it. Well it's certainly not been emailed ... No. We didn't ask for it.

THE UPLOADING OF CONTENT TO THE WEBSITE

Do you agree Phyllis you were going to be the person who would upload all of this on to the web ... Yes. We agreed at this point that because the Google docs wasn't working it's not. Don used the word would not. It was could not. And we couldn't get. Mark agreed with him that it would be on email. Conventional email with photos.

This is inaccurate, what was agreed was because of the urgency in getting something online for the booked radio advertising (which was untruthful as it turned out) that the front page would be emailed to me.  NO AGREEMENT WAS EVER GIVEN THAT I WOULD DO ALL OF THE WORK PHYLLIS HAD UNDERTAKEN DOING.

So you agree that you were going to upload the information but you couldn't because of the connection ... Yes.

And so therefore the agreement was it would be emailed to Don and he'd do it. Is that what you're saying ... I don't know...

Yet this is the very reason ORA had withheld payment - Why would anyone discount a project by $4000 and then agree to do the very work the discount was for... it is unreasonable and illogical to assume or state that as Google doc's wasn't working.  As suggested at the time, it was the Heard's internet connection where the problem resided and this was something outside of my contract to fix. 

TERMS AND CONDITIONS

MS TUNNICLIFFE I MS HEARD

You didn't find any terms and conditions you thought relevant. ... No, no, nothing that told us what our time frames were.

Did you tell him - we can't find your terms and conditions.... No I don't think we did.

...We knew we were in, we were remiss in meeting his terms and conditions and his specification, by then we were really familiar with the terms and conditions.

So how did you become familiar.... He had kept saying that he operates within the specs and his timeframes yet we still didn't have them, we were checking. We believe the website came online, his terms and conditions on the 6th of October.

And did you see them.... Yes, no we didn't at that point, we'd stopped looking I think. But we were definitely always looking for the contract, we knew that was the contract.

All right but when you've said that you were aware that you were breaching the terms and conditions what were you breaching.... I don't know.

You were aware, you were being told that you were breaching them so you were clear that he thought you were breaching them but you're saying you didn't know how you were breaching them.... We were supposed to remember his entire presentation that he'd given at the Raupo cafe and commit it to memory we think.

MRS HEARDS CLAIM THAT ORA HAS A QC

...we have a Queen's Counsellor in the Ora Co-op s well and Mr Anderson seemed to want us to engage a lawyer.

Mr Sisson is not a QC according to his website.



ORA Marlborough Extra Virgin Olive Oil

Marlborough is a province blessed with the perfect growing conditions for some of the World’s finest wines and healthiest, delicious Extra Virgin Olive oils. The Olea Europa [olive tree] is a Mediterranean plant. The Olive Tree is happiest and healthiest when grown in Marlborough’s warm, dry summers and cool clear autumn nights. The hot dry Nor’wester blows with vigour through our olive groves keeping our trees free from fungal diseases and insect pests.

The late Gidon Blumenfeld the Israeli horticulturalists who established this industry cast his well honed eye over Marlborough’s landscape and understood in the 1980’s he had found the best place to grow premium sustainable extra virgin olive oil in the southern hemisphere

Gidon Blumenfeld’s vision has been kept alive by all the growers in The Ora Co-operative. We have many harvests under our collective belt and we reckon we all finally know what we are doing. This is not an idle boast as our voyage with olive oil has at times been a rocky and challenging one. When members of the Co-operative get together we are staggered that we are all still here growing and maintaining our groves with such dogged persistence.

We are all growing because we love it and are proud of the beautiful, robust oils we produce. The alchemy that makes a Marlborough wine unique also makes our oils one of a kind. ORA oil is tested to International Trade Standards both chemically and sensory. This is a first for any New Zealand Oil company and far surpasses any local quality mark. We did this because we know our oil stands proudly alongside the finest and most exclusive Tuscan oils.

The tree ripened fruit that produces this high polyphenol olive juice has contributed to the best in class and best in show in awards both internationally and locally many, many times. The accolades and gold stickers were nice but nothing beats the quiet confidence we all have in the superior health and beauty of Marlborough Extra Virgin Olive oil.

We hope you enjoy ORA our super premium high health Extra Virgin Olive oil.

 

What's in a name

ORA means health or well being in Te Reo Maori the language of Aotearoa New Zealand. Ora also means light in Hebrew, pray in Latin and gold in Spanish. ORA named itself and speaks for itself.

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